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SECTION 1. SHORT TITLE. This Act may be cited as the ``State Child Well-Being Research Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The well-being of children is a paramount concern for our Nation and for every State, and most programs for children and families are managed at the State or local level. (2) Child well-being varies over time and across social, economic, and geographic groups, and can be affected by changes in the circumstances of families, by the economy, by the social and cultural environment, and by public policies and programs at the Federal, State, and local level. (3) States, including small States, need information about child well-being that is specific to their State and that is up-to-date, cost-effective, and consistent across States and over time. (4) Regular collection of child well-being information at the State level is essential so that Federal and State officials can track child well-being over time. (5) Information on child well-being is necessary for all States, particularly small States that do not have State-level data in other federally supported databases. Information is needed on the well-being of all children, not just children participating in Federal programs. (6) Telephone surveys of parents represent a relatively cost-effective strategy for obtaining information on child well-being at the State level for all States, including small States, and can be conducted alone or in mixed mode strategy with other survey techniques. (7) Data from telephone surveys of the population are currently used to monitor progress toward many important national goals, including immunization of preschool children with the National Immunization Survey, and the identification of health care issues of children with special needs with the National Survey of Children with Special Health Care Needs. (8) A State-level telephone survey, alone or in combination with other techniques, can provide information on a range of topics, including children's social and emotional development, education, health, safety, family income, family employment, and child care. Information addressing marriage and family structure can also be obtained for families with children. Information obtained from such a survey would not be available solely for children or families participating in programs but would be representative of the entire State population and consequently, would inform welfare policymaking on a range of important issues, such as income support, child care, child abuse and neglect, child health, family formation, and education. SEC. 3. RESEARCH ON INDICATORS OF CHILD WELL-BEING. Section 413 of the Social Security Act (42 U.S.C. 613) is amended by adding at the end the following: ``(k) Indicators of Child Well-Being.-- ``(1) Renaming of survey.--On and after the date of the enactment of this subsection, the National Survey of Children's Health conducted by the Director of the Maternal and Child Health Bureau of the Health Resources and Services Administration shall be known as the `Survey of Children's Health and Well-Being'. ``(2) Modification of survey to include matters relating to child well-being.--The Secretary shall modify the survey so that it may be used to better assess child well-being, as follows: ``(A) New indicators included.--The indicators with respect to which the survey collects information shall include measures of child-well-being related to the following: ``(i) Education. ``(ii) Social and emotional development. ``(iii) Physical and mental health and safety. ``(iv) Family well-being, such as family structure, income, employment, child care arrangements, and family relationships. ``(B) Collection requirements.--The data collected with respect to the indicators developed under subparagraph (A) shall be-- ``(i) statistically representative at the State and national level; ``(ii) consistent across States, except that data shall be collected in States other than the 50 States and the District of Columbia only if technically feasible; ``(iii) collected on an annual or ongoing basis; ``(iv) measured with reliability; ``(v) current; ``(vi) over-sampled (if feasible), with respect to low-income children and families, so that subgroup estimates can be produced by a variety of income categories (such as for 50, 100, and 200 percent of the poverty level, and for children of varied ages, such as 0-5, 6-11, 12-17, and (if feasible) 18-21 years of age); and ``(vii) made publicly available. ``(C) Other requirements.-- ``(i) Publication.--The data collected with respect to the indicators developed under subparagraph (A) shall be published as absolute numbers and expressed in terms of rates or percentages. ``(ii) Availability of data.--A data file shall be made available to the public, subject to confidentiality requirements, that includes the indicators, demographic information, and ratios of income to poverty. ``(iii) Sample sizes.--Sample sizes used for the collected data shall be adequate for microdata on the categories included in subparagraph (B)(vi) to be made publicly available, subject to confidentiality requirements. ``(D) Consultation.-- ``(i) In general.--In developing the indicators under subparagraph (A) and the means to collect the data required with respect to the indicators, the Secretary shall consult and collaborate with a subcommittee of the Federal Interagency Forum on Child and Family Statistics, which shall include representatives with expertise on all the domains of child well-being described in subparagraph (A). The subcommittee shall have appropriate staff assigned to work with the Maternal and Child Health Bureau during the design phase of the survey. ``(ii) Duties.--The Secretary shall consult with the subcommittee referred to in clause (i) with respect to the design, content, and methodology for the development of the indicators under subparagraph (A) and the collection of data regarding the indicators, and the availability or lack thereof of similar data through other Federal data collection efforts. ``(iii) Costs.--Costs incurred by the subcommittee with respect to the development of the indicators and the collection of data related to the indicators shall be treated as costs of the survey. ``(3) Advisory panel.-- ``(A) Establishment.--The Secretary, in consultation with the Federal Interagency Forum on Child and Family Statistics, shall establish an advisory panel of experts to make recommendations regarding-- ``(i) the additional matters to be addressed by the survey by reason of this subsection; and ``(ii) the methods, dissemination strategies, and statistical tools necessary to conduct the survey as a whole. ``(B) Membership.-- ``(i) In general.--The advisory panel established under subparagraph (A) of this paragraph shall include experts on each of the domains of child well-being described in paragraph (2)(A), experts on child indicators, experts from State agencies and from nonprofit organizations that use child indicator data at the State level, and experts on survey methodology. ``(ii) Deadline.--The members of the advisory panel shall be appointed not later than 2 months after the date of the enactment of this subsection. ``(C) Meetings.--The advisory panel established under subparagraph (A) shall meet-- ``(i) at least 3 times during the first year after the date of enactment of this subsection; and ``(ii) annually thereafter for the 4 succeeding years. ``(4) Authorization of appropriations.--There are authorized to be appropriated for each of fiscal years 2010 through 2014, $20,000,000 for the purpose of carrying out this subsection.''. SEC. 4. GAO REPORT ON COLLECTION AND REPORTING OF DATA ON DEATHS OF CHILDREN IN FOSTER CARE. (a) In General.--Within 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study to determine, and submit to the Congress a written report on the adequacy of, the methods of collecting and reporting data on deaths of children in the child welfare system. (b) Matters To Be Considered.--In the study, the Comptroller General shall, for each year for which data are available, determine-- (1) the number of children eligible for services or benefits under part B or E of title IV of the Social Security Act who States reported as having died due to abuse or neglect; (2) the number of children so eligible who died due to abuse or neglect but were not accounted for in State reports; and (3) the number of children in State child welfare systems who died due to abuse or neglect and whose deaths are not included in the data described in paragraph (1) or (2). (c) Recommendations.--In the report, the Comptroller General shall include recommendations on how surveys of children by the Federal Government and by State governments can be improved to better capture all data on the death of children in the child welfare system, so that the Congress can work with the States to develop better policies to improve the well-being of children and reduce child deaths.

State Child Well-Being Research Act of 2009 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to rename the National Survey of Children's Health conducted by the Director of the Maternal and Child Health Bureau of the Health Resources and Services Administration as the Survey of Children's Health and Well-Being. Directs the Secretary of Health and Human Services to: (1) modify the survey so that it may be used to better assess child well-being; and (2) establish an advisory panel to make recommendations regarding the additional matters to be addressed by the survey as well as the methods, dissemination strategies, and statistical tools necessary to conduct it as a whole. Directs the Comptroller General to study and report to Congress on the adequacy of the methods of collecting and reporting data on deaths of children in the child welfare system.

A bill to amend part A of title IV of the Social Security Act to require the Secretary of Health and Human Services to conduct research on indicators of child well-being.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft and Assumption Deterrence Act of 1998''. SEC. 2. CONSTITUTIONAL AUTHORITY TO ENACT THIS LEGISLATION. The constitutional authority upon which this Act rests is the power of Congress to regulate commerce with foreign nations and among the several States, and the authority to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the Government of the United States or in any department or officer thereof, as set forth in article I, section 8 of the United States Constitution. SEC. 3. IDENTITY THEFT. (a) Establishment of Offense.--Section 1028(a) of title 18, United States Code, is amended-- (1) in paragraph (5), by striking ``or'' at the end; (2) in paragraph (6), by adding ``or'' at the end; (3) in the flush matter following paragraph (6), by striking ``or attempts to do so,''; and (4) by inserting after paragraph (6) the following: ``(7) knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law;''. (b) Penalties.--Section 1028(b) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by adding ``or'' at the end; and (C) by adding at the end the following: ``(D) an offense under paragraph (7) of such subsection that involves the transfer or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating $1,000 or more during any 1-year period;''; (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``or transfer of an identification document or'' and inserting ``, transfer, or use of a means of identification, an identification document, or a''; and (B) in subparagraph (B), by inserting ``or (7)'' after ``(3)''; (3) by amending paragraph (3) to read as follows: ``(3) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed-- ``(A) to facilitate a drug trafficking crime (as defined in section 929(a)(2)); ``(B) in connection with a crime of violence (as defined in section 924(c)(3)); or ``(C) after a prior conviction under this section becomes final;''; (4) in paragraph (4), by striking ``and'' at the end; (5) by redesignating paragraph (5) as paragraph (6); and (6) by inserting after paragraph (4) the following: ``(5) in the case of any offense under subsection (a), forfeiture to the United States of any personal property used or intended to be used to commit the offense; and''. (c) Circumstances.--Section 1028(c) of title 18, United States Code, is amended by striking paragraph (3) and inserting the following: ``(3) either-- ``(A) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce; or ``(B) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.''. (d) Definitions.--Subsection (d) of section 1028 of title 18, United States Code, is amended to read as follows: ``(d) In this section-- ``(1) the term `document-making implement' means any implement, impression, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement; ``(2) the term `identification document' means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals; ``(3) the term `means of identification' means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any-- ``(A) name, social security number, date of birth, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number; ``(B) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; ``(C) unique electronic identification number, address, or routing code; or ``(D) telecommunication identifying information or access device (as defined in section 1029(e)); ``(4) the term `personal identification card' means an identification document issued by a State or local government solely for the purpose of identification; ``(5) the term `produce' includes alter, authenticate, or assemble; and ``(6) the term `State' includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States.''. (e) Attempt and Conspiracy.--Section 1028 of title 18, United States Code, is amended by adding at the end the following: ``(f) Attempt and Conspiracy.--Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.''. (f) Forfeiture Procedures.--Section 1028 of title 18, United States Code, is amended by adding at the end the following: ``(g) Forfeiture Procedures.--The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 (other than subsection (d) of that section) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853).''. (g) Rule of Construction.--Section 1028 of title 18, United States Code, is amended by adding at the end the following: ``(h) Rule of Construction.--For purpose of subsection (a)(7), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.''. (h) Conforming Amendments.--Chapter 47 of title 18, United States Code, is amended-- (1) in the heading for section 1028, by adding ``and information'' at the end; and (2) in the table of sections at the beginning of the chapter, in the item relating to section 1028, by adding ``and information'' at the end. SEC. 4. AMENDMENT OF FEDERAL SENTENCING GUIDELINES FOR OFFENSES UNDER SECTION 1028. (a) In General.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, as appropriate, to provide an appropriate penalty for each offense under section 1028 of title 18, United States Code, as amended by this Act. (b) Factors for Consideration.--In carrying out subsection (a), the United States Sentencing Commission shall consider, with respect to each offense described in subsection (a)-- (1) the extent to which the number of victims (as defined in section 3663A(a) of title 18, United States Code) involved in the offense, including harm to reputation, inconvenience, and other difficulties resulting from the offense, is an adequate measure for establishing penalties under the Federal sentencing guidelines; (2) the number of means of identification, identification documents, or false identification documents (as those terms are defined in section 1028(d) of title 18, United States Code, as amended by this Act) involved in the offense, is an adequate measure for establishing penalties under the Federal sentencing guidelines; (3) the extent to which the value of the loss to any individual caused by the offense is an adequate measure for establishing penalties under the Federal sentencing guidelines; (4) the range of conduct covered by the offense; (5) the extent to which sentencing enhancements within the Federal sentencing guidelines and the court's authority to sentence above the applicable guideline range are adequate to ensure punishment at or near the maximum penalty for the most egregious conduct covered by the offense; (6) the extent to which Federal sentencing guidelines sentences for the offense have been constrained by statutory maximum penalties; (7) the extent to which Federal sentencing guidelines for the offense adequately achieve the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code; and (8) any other factor that the United States Sentencing Commission considers to be appropriate. SEC. 5. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR VICTIMS OF IDENTITY THEFT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall establish procedures to-- (1) log and acknowledge the receipt of complaints by individuals who certify that they have a reasonable belief that 1 or more of their means of identification (as defined in section 1028 of title 18, United States Code, as amended by this Act) have been assumed, stolen, or otherwise unlawfully acquired in violation of section 1028 of title 18, United States Code, as amended by this Act; (2) provide informational materials to individuals described in paragraph (1); and (3) refer complaints described in paragraph (1) to appropriate entities, which may include referral to-- (A) the 3 major national consumer reporting agencies; and (B) appropriate law enforcement agencies for potential law enforcement action. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 6. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE. (a) Technical Correction Relating to Criminal Forfeiture Procedures.--Section 982(b)(1) of title 18, United States Code, is amended to read as follows: ``(1) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 (other than subsection (d) of that section) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853).''. (b) Economic Espionage and Theft of Trade Secrets as Predicate Offenses for Wire Interception.--Section 2516(1)(a) of title 18, United States Code, is amended by inserting ``chapter 90 (relating to protection of trade secrets),'' after ``to espionage),''. SEC. 7. REDACTION OF ETHICS REPORTS FILED BY JUDICIAL OFFICERS AND EMPLOYEES. Section 105(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new paragraph: ``(3)(A) This section does not require the immediate and unconditional availability of reports filed by an individual described in section 109(8) or 109(10) of this Act if a finding is made by the Judicial Conference, in consultation with United States Marshall Service, that revealing personal and sensitive information could endanger that individual. ``(B) A report may be redacted pursuant to this paragraph only-- ``(i) to the extent necessary to protect the individual who filed the report; and ``(ii) for as long as the danger to such individual exists. ``(C) The Administrative Office of the United States Courts shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate an annual report with respect to the operation of this paragraph including-- ``(i) the total number of reports redacted pursuant to this paragraph; ``(ii) the total number of individuals whose reports have been redacted pursuant to this paragraph; and ``(iii) the types of threats against individuals whose reports are redacted, if appropriate. ``(D) The Judicial Conference, in consultation with the Department of Justice, shall issue regulations setting forth the circumstances under which redaction is appropriate under this paragraph and the procedures for redaction. ``(E) This paragraph shall expire on December 31, 2001, and apply to filings through calendar year 2001.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Identity Theft and Assumption Deterrence Act of 1998 - Amends the Federal criminal code to make it unlawful for anyone to knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law. Prescribes criminal penalties for offenses involving fraud and related activity in connection with identification documents (identity fraud) committed in connection with a crime of violence or committed after a prior conviction of such an offense. Subjects to the same penalties any person who attempts or conspires to commit such an offense. Provides for the forfeiture to the United States of personal property used or intended to be used to commit identity fraud. (Sec. 4) Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and policy statements of the Commission to provide an appropriate penalty for such offenses, taking into account specified factors. (Sec. 5) Directs the Federal Trade Commission to establish procedures to: (1) log and acknowledge the receipt of complaints by individuals having reason to believe that one or more of their means of identification have been assumed, stolen, or otherwise unlawfully acquired; (2) provide informational materials to such individuals; and (3) refer such complaints to the appropriate entities, including national consumer reporting agencies and law enforcement agencies. Authorizes appropriations. (Sec. 7) Amends the Ethics in Government Act of 1978 to specify that the Act does not require the immediate and unconditional availability of reports filed by an individual if a finding is made by the Judicial Conference that revealing personal and sensitive information could endanger that individual. Allows a report to be redacted under this provision only to the extent necessary to protect such individual and only for as long as the danger to such individual exists. Directs: (1) the Administrative Office of the United States Courts to submit to the House and Senate Judiciary Committees an annual report regarding the operation of this section; and (2) the Judicial Conference to issue regulations setting forth the circumstances under which redaction is appropriate and the procedures for redaction. Terminates such requirements on December 31, 2001.

Identity Theft and Assumption Deterrence Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fixing America's Inequities with Revenues Act of 2013'' or the ``FAIR Act of 2013''. SEC. 2. DISTRIBUTION OF REVENUES TO COASTAL STATES. Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended to read as follows: ``SEC. 9. DISPOSITION OF REVENUES. ``(a) Definitions.--In this section: ``(1) Alternative and renewable energy.--The term `alternative and renewable energy' means energy derived from a wind, solar, or ocean (including tidal, wave, and current) source. ``(2) Coastal political subdivision.--The term `coastal political subdivision' means a county-equivalent subdivision of a coastal State all or part of which-- ``(A) lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)); and ``(B) the closest point of which is not more than 200 nautical miles from the geographical center of any leased tract. ``(3) Coastal state.-- ``(A) In general.--The term `coastal State' means a State with a coastal seaward boundary within 200 nautical miles distance of the geographical center of a leased tract in an outer Continental Shelf region adjacent to the State. ``(B) Exclusion.--The term `coastal State' does not include a coastal State, the majority of the coastline of which is subject to a leasing moratorium. ``(4) Distance.--The terms `distance' and `distances' mean minimum great circle distance and distances, respectively. ``(5) Leased tract.--The term `leased tract' means a tract or other area leased or made available for the exploration, development, or production of oil, natural gas, or alternative or renewable energy. ``(6) Leasing moratorium.--The term `leasing moratorium' means any State or Federal prohibition on the development of oil, natural gas, and alternative and renewable energy sources, including preleasing, leasing, and related activities, on the outer Continental Shelf. ``(7) Outer continental shelf region.--The term `outer Continental Shelf region' means-- ``(A) the Alaska outer Continental Shelf region; ``(B) the North Atlantic planning area (as described in the 2012-2017 Outer Continental Shelf Oil and Gas Leasing Program); ``(C) the Mid-Atlantic planning area (as described in the 2012-2017 Outer Continental Shelf Oil and Gas Leasing Program); ``(D) the South Atlantic planning area (as described in the 2012-2017 Outer Continental Shelf Oil and Gas Leasing Program); ``(E) the Gulf of Mexico outer Continental Shelf region; or ``(F) the Pacific outer Continental Shelf region. ``(8) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(b) Coastal State Revenue Sharing for Outer Continental Shelf Energy Sources.-- ``(1) In general.--Subject to the other provisions of this section, for fiscal year 2014 and each subsequent fiscal year-- ``(A) the Secretary of the Interior shall deposit in a special account in the Treasury, 37.5 percent of all revenues derived from all rentals, royalties, bonus bids, and other sums due and payable to the United States from the development of oil, natural gas, and alternative and renewable energy on the outer Continental Shelf; and ``(B) the Secretary shall, in accordance with subsection (b), disburse-- ``(i) 27.5 percent of the revenues described in subparagraph (A) to coastal States and coastal political subdivisions; and ``(ii) 10 percent of the revenues to coastal States that establish funds in the treasuries of the coastal States to support projects and activities relating to alternative or renewable energy, energy research and development, energy efficiency, or conservation. ``(2) Exclusions.--The revenues described in paragraph (1) do not include-- ``(A) the qualified outer Continental Shelf revenues described in the third proviso under the heading `ocean energy management' under the heading `Bureau of Ocean Energy Management' of title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat. 994); ``(B) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or ``(C) revenues generated from leases-- ``(i) subject to-- ``(I) section 8(g); ``(II) section 8(p)(2)(B); or ``(III) the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432); or ``(ii) in the Gulf of Mexico before the date of enactment of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). ``(3) Allocation among coastal states and coastal political subdivisions.-- ``(A) In general.--Subject to subparagraph (B), for each fiscal year, the amount made available under paragraph (1) from any lease shall be allocated to each coastal State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each coastal State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. ``(B) Limitation.--The allocable share of a coastal State is limited to the revenues collected from a leased tract located no more than 200 nautical miles from the coastline of the coastal State and within the outer Continental Shelf region of the coastal State. ``(C) Payments to coastal political subdivisions.-- ``(i) In general.--The Secretary shall pay 25 percent of the allocable share of each coastal State, as determined under subparagraph (A), to the coastal political subdivisions of the coastal State. ``(ii) Allocation.--The amount paid by the Secretary to coastal political subdivisions shall be allocated to each coastal political subdivision in accordance with subparagraphs (B), (C), and (E) of section 31(b)(4). ``(iii) Exception for the state of alaska.--For purposes of carrying out this subparagraph in the State of Alaska, of the amount paid by the Secretary to coastal political subdivisions-- ``(I) 90 percent shall be allocated in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point in each coastal political subdivision that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract; and ``(II) 10 percent shall be divided equally among each county-equivalent subdivision of the State of Alaska, all or part of which lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)), that-- ``(aa) is more than 200 nautical miles from the geographic center of a leased tract; and ``(bb) the State of Alaska determines to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers.''. SEC. 3. REVENUE SHARING FOR CERTAIN ONSHORE ENERGY SOURCES. Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended by adding at the end the following: ``(d) Revenue Sharing for Certain Onshore Energy Sources.--The Secretary of the Interior shall disburse 50 percent of all revenues derived from all rentals, operating fees, royalties, bonus bids, rights-of-way, and other amounts due and payable to the United States from the development of alternative or renewable onshore energy sources to the State within the boundaries of which the energy source is located.''. SEC. 4. DISTRIBUTION OF REVENUES TO GULF PRODUCING STATES. (a) Definition of Qualified Outer Continental Shelf Revenues.-- Section 102(9) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by striking subparagraphs (A) and (B) inserting the following: ``(A) In general.--The term `qualified outer Continental Shelf revenues' means all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2013, from leases entered into on or after the date of enactment of Public Law 109-432 for the portions of the Western Gulf of Mexico planning area, the Central Gulf of Mexico planning area, and the Eastern Gulf of Mexico planning area not subject to a leasing moratorium under section 104(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). ``(B) Exclusions.--The term `qualified outer Continental Shelf revenues' does not include-- ``(i) the qualified outer Continental Shelf revenues described in the third proviso under the heading `ocean energy management' under the heading `Bureau of Ocean Energy Management' of title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat. 994); ``(ii) the qualified outer Continental Shelf revenues described in the third proviso under the heading `offshore safety and environmental enforcement' under the heading `Bureau of Safety and Environmental Enforcement' of title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (division E of Public Law 112-74; 125 Stat. 995); ``(iii) revenues from the forfeiture of a bond or other surety securing obligations other than royalties, civil penalties, or royalties taken by the Secretary in-kind and not sold; or ``(iv) revenues generated from leases subject to subsection (g) or (p)(2)(B) of section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337).''. (b) Disposition of Qualified Outer Continental Shelf Revenues.-- Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by striking ``shall deposit'' and all that follows through the period at the end of paragraph (2)(B) and inserting the following: ``shall deposit-- ``(1) in a special account in the Treasury-- ``(A) 37.5 percent of qualified outer Continental Shelf revenues, which the Secretary shall disburse to Gulf producing States in accordance with subsection (b); and ``(B) $62,500,000, which the Secretary shall disburse to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 4601-5); and ``(2) the remainder of qualified outer Continental Shelf revenues in the general fund of the Treasury.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``(1) Allocation'' and all that follows through ``subsection (a)(2)(A)'' in subparagraph (A) and inserting the following: ``(1) Allocation among gulf producing states.-- ``(A) In general.--Effective beginning in fiscal year 2014, the amount made available under subsection (a)(1)(A)''; (ii) in subparagraph (A)-- (I) by inserting ``each historical lease site and the geographic center of the historical lease site, as determined by the Secretary'' after ``closest to the geographic center of''; and (II) by striking ``the applicable leased tract and the geographic center of the leased tract''; and (iii) by striking subparagraph (B); (B) in paragraph (2), by striking ``(2)'' and all that follows through ``(C) Historical lease sites'' and inserting ``(B) Historical lease sites''; (C) in paragraph (1)(B)(i) (as so redesignated)-- (i) by striking ``subparagraph (A)(ii)'' and inserting ``subparagraph (A)''; and (ii) by striking ``December 31, 2015'' and inserting ``December 31, 2012''; (D) by redesignating paragraph (3) as paragraph (2); and (E) in paragraph (2) (as so redesignated), in subparagraph (A), by striking ``paragraphs (1) and (2)'' and inserting ``paragraph (1)''; and (3) by striking subsection (f) and inserting the following: ``(f) Limitations on Amount of Distributed Qualified Outer Continental Shelf Revenues.-- ``(1) Distribution to gulf producing states.-- ``(A) In general.--Subject to subparagraphs (B) and (C), the total amount of qualified outer Continental Shelf revenues distributed under subsection (a)(1)(A) shall not exceed $500,000,000 for fiscal year 2014. ``(B) Cap increase for gulf producing states.--In the case of the qualified outer Continental Shelf revenues distributed to Gulf producing States under subsection (a)(1)(A), the cap on amounts specified in subparagraph (A) shall be for-- ``(i) fiscal year 2015, $600,000,000; and ``(ii) each of fiscal years 2016 through 2024, the applicable amount for the previous fiscal year increased by $100,000,000. ``(C) Subsequent fiscal years.--For fiscal year 2025 and each fiscal year thereafter, all qualified outer Continental Shelf revenues made available under subsection (a)(1)(A) shall be made available without limitation for allocation to the Gulf producing States in accordance with subsection (b). ``(2) Pro rata reductions.--If paragraph (1) limits the amount of qualified outer Continental Shelf revenues that would be paid under subsection (a)(1)(A)-- ``(A) the Secretary shall reduce the amount of qualified outer Continental Shelf revenues provided to each recipient on a pro rata basis; and ``(B) any remainder of the qualified outer Continental Shelf revenues shall revert to the general fund of the Treasury.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on October 1, 2013.

Fixing America's Inequities with Revenues Act of 2013 or FAIR Act of 2013 - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of the Interior to deposit into a special account in the Treasury 37.5% of all revenues payable to the United States from oil, natural gas, and alternative and renewable energy on the outer Continental Shelf (OCS). Instructs the Secretary to disburse such revenues (with certain exceptions) according to this formula: (1) 27.5% of such revenues to coastal states and coastal political subdivisions, and (2) 10% of the revenues to coastal states that establish funds in their treasuries to support projects relating to alternative or renewable energy, energy research and development, energy efficiency, or conservation. Prescribes requirements for allocating such revenues to coastal states and their coastal subdivisions, with a special rule for Alaska. Limits the allocable share of each coastal state to the revenues collected from a leased tract located no more than 200 nautical miles from the coastline of the state and within the state's OCS region. Requires the Secretary of the Treasury to disburse 50% of all revenues derived from all rentals, operating fees, royalties, bonus bids, rights-of-way, and other amounts payable to the United States from the development of alternative or renewable onshore energy sources to the state within whose boundaries the energy source is located. Amends the Gulf of Mexico Energy Security Act of 2006 to: (1) redefine qualified OCS revenues, (2) prescribe requirements for the disposition of qualified OCS revenues into a special account in the Treasury, and (3) revise the formula for allocating federal funds among the Gulf producing states.

FAIR Act of 2013

SECTION 1. SHORT TITLE, FINDINGS, PURPOSES. (a) Short Title.--This Act may be cited as the ``Colorado River Indian Reservation Boundary Correction Act''. (b) Findings.--Congress finds the following: (1) The Act of March 3, 1865, created the Colorado River Indian Reservation (hereinafter ``Reservation'') along the Colorado River in Arizona and California for the ``Indians of said river and its tributaries''. (2) In 1873 and 1874, President Grant issued Executive Orders to expand the Reservation southward and to secure its southern boundary at a clearly recognizable geographic location in order to forestall non-Indian encroachment and conflicts with the Indians of the Reservation. (3) In 1875, Mr. Chandler Robbins surveyed the Reservation (hereinafter ``the Robbins Survey'') and delineated its new southern boundary, which included approximately 16,000 additional acres (hereinafter ``the La Paz lands''), as part of the Reservation. (4) On May 15, 1876, President Grant issued an Executive Order that established the Reservation's boundaries as those delineated by the Robbins Survey. (5) In 1907, as a result of increasingly frequent trespasses by miners and cattle and at the request of the Bureau of Indian Affairs, the General Land Office of the United States provided for a resurvey of the southern and southeastern areas of the Reservation. (6) In 1914, the General Land Office accepted and approved a resurvey of the Reservation conducted by Mr. Guy Harrington in 1912 (hereinafter the ``Harrington Resurvey'') which confirmed the boundaries that were delineated by the Robbins Survey and established by Executive Order in 1876. (7) On November 19, 1915, the Secretary of the Interior reversed the decision of the General Land Office to accept the Harrington Resurvey, and upon his recommendation on November 22, 1915, President Wilson issued Executive Order No. 2273 ``. . . to correct the error in location said southern boundary line . . .''-- and thus effectively excluded the La Paz lands from the Reservation. (8) Historical evidence compiled by the Department of the Interior supports the conclusion that the reason given by the Secretary in recommending that the President issue the 1915 Executive Order--``to correct an error in locating the southern boundary''--was itself in error and that the La Paz lands should not have been excluded from the Reservation. (9) The La Paz lands continue to hold cultural and historical significance, as well as economic development potential, for the Colorado River Indian tribes, who have consistently sought to have such lands restored to their Reservation. (c) Purposes.--The purposes of this Act are: (1) To correct the south boundary of the Reservation by reestablishing such boundary as it was delineated by the Robbins Survey and affirmed by the Harrington Resurvey. (2) To restore the La Paz lands to the Reservation, subject to valid existing rights under Federal law and to provide for continued reasonable public access for recreational purposes. (3) To provide for the Secretary of the Interior to review and ensure that the corrected Reservation boundary is resurveyed and marked in conformance with the public system of surveys extended over such lands. SEC. 2. BOUNDARY CORRECTION, RESTORATION, DESCRIPTION. (a) Boundary.--The boundaries of the Colorado River Indian Reservation are hereby declared to include those boundaries as were delineated by the Robbins Survey, affirmed by the Harrington Survey, and described as follows: The approximately 15,375 acres of Federal land described as ``Lands Identified for Transfer to Colorado River Indian Tribes'' on the map prepared by the Bureau of Land Management entitled ``Colorado River Indian Reservation Boundary Correction Act, and dated January 4, 2005'', (hereinafter referred to as the ``Map''). (b) Map.--The Map shall be available for review at the Bureau of Land Management. (c) Restoration.--Subject to valid existing rights under Federal law, all right, title, and interest of the United States to those lands within the boundaries declared in subsection (a) that were excluded from the Colorado River Indian Reservation pursuant to Executive Order No. 2273 (November 22, 1915) are hereby restored to the Reservation and shall be held in trust by the United States on behalf of the Colorado River Indian Tribes. (d) Exclusion.--Excluded from the lands restored to trust status on behalf of the Colorado River Indian Tribes that are described in subsection (a) are 2 parcels of Arizona State Lands identified on the Map as ``State Lands'' and totaling 320 acres and 520 acres. SEC. 3. RESURVEY AND MARKING. The Secretary of the Interior shall ensure that the boundary for the restored lands described in section 2(a) is surveyed and clearly marked in conformance with the public system of surveys extended over such lands. SEC. 4. WATER RIGHTS. The restored lands described in section 2(a) and shown on the Map shall have no Federal reserve water rights to surface water or ground water from any source. SEC. 5. PUBLIC ACCESS. Continued access to the restored lands described in section (2)(a) for hunting and other existing recreational purposes shall remain available to the public under reasonable rules and regulations promulgated by the Colorado River Indian Tribes. SEC. 6. ECONOMIC ACTIVITY. (a) In General.--The restored lands described in section (2)(a) shall be subject to all rights-of-way, easements, leases, and mining claims existing on the date of the enactment of this Act. The United States reserves the right to continue all Reclamation projects, including the right to access and remove mineral materials for Colorado River maintenance on the restored lands described in section (2)(a). (b) Additional Rights-of-Way.--Notwithstanding any other provision of law, the Secretary, in consultation with the Tribe, shall grant additional rights-of-way, expansions, or renewals of existing rights- of-way for roads, utilities, and other accommodations to adjoining landowners or existing right-of-way holders, or their successors and assigns, if-- (1) the proposed right-of-way is necessary to the needs of the applicant; (2) the proposed right-of-way acquisition will not cause significant and substantial harm to the Colorado River Indian Tribes; and (3) the proposed right-of-way complies with the procedures in part 169 of title 25, Code of Federal Regulations consistent with this subsection and other generally applicable Federal laws unrelated to the acquisition of interests on trust lands, except that section 169.3 of those regulations shall not be applicable to expansions or renewals of existing rights-of-way for roads and utilities. (c) Fees.--The fees charged for the renewal of any valid lease, easement, or right-of-way subject to this section shall not be greater than the current Federal rate for such a lease, easement, or right-of- way at the time of renewal if the holder has been in substantial compliance with all terms of the lease, easement, or right-of-way. SEC. 7. GAMING. Land taken into trust under this Act shall neither be considered to have been taken into trust for gaming nor be used for gaming (as that term is used in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Colorado River Indian Reservation Boundary Correction Act - Declares that the boundaries of the Colorado River Indian Reservation are the boundaries delineated by the Robbins Survey of 1875 and affirmed by the Harrington Resurvey of 1912 (which include 16,000 acres known as the La Paz lands). Restores to the Reservation all right, title, and interest of the United States to those lands within such boundaries that were excluded from the Reservation pursuant to Executive Order No. 2273 (November 22, 1915), which shall be held in trust by the United States on behalf of the Colorado River Indian Tribes. (Excludes from such restored lands specified Arizona State Lands.) Declares that land taken into trust under this Act shall neither be considered to have been taken into trust for gaming nor be used for gaming.

To correct the south boundary of the Colorado River Indian Reservation in Arizona, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enforce Existing Gun Laws Act''. SEC. 2. REPEAL OF CERTAIN APPROPRIATIONS RIDERS THAT LIMIT THE ABILITY OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES TO ADMINISTER THE FEDERAL FIREARMS LAWS. (a) Prohibition on Consolidation or Centralization in the Department of Justice of Firearms Acquisition and Disposition Records Maintained by Federal Firearms Licensees.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking the 1st proviso. (b) Prohibition on Imposition of Requirement That Firearms Dealers Conduct Physical Check of Firearms Inventory.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6) is amended by striking the 5th proviso. (c) Requirement That Instant Check Records Be Destroyed Within 24 Hours.--Section 511 of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 922 note; Public Law 112-55; 125 Stat. 632) is amended-- (1) by striking ``--'' and all that follows through ``(1)''; and (2) by striking the semicolon and all that follows and inserting a period. (d) Limitations Relating to Firearms Trace Data.-- (1) Tiahrt amendments.-- (A) The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking the 6th proviso. (B) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2010 (18 U.S.C. 923 note; Public Law 111-117; 123 Stat. 3128-3129) is amended by striking ``beginning in fiscal year 2010 and thereafter'' and inserting ``in fiscal year 2010''. (C) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Omnibus Appropriations Act, 2009 (18 U.S.C. 923 note; Public Law 111-8; 123 Stat. 574-576) is amended by striking ``beginning in fiscal year 2009 and thereafter'' and inserting ``in fiscal year 2009''. (D) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2008 (18 U.S.C. 923 note; Public Law 110-161; 121 Stat. 1903-1904) is amended by striking ``beginning in fiscal year 2008 and thereafter'' and inserting ``in fiscal year 2008''. (E) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119 Stat. 2295-2296) is amended by striking ``with respect to any fiscal year''. (F) The 6th proviso under the heading in title I of division B of the Consolidated Appropriations Act, 2005 (18 U.S.C. 923 note; Public Law 108-447; 118 Stat. 2859-2860) is amended by striking ``with respect to any fiscal year''. (2) Prohibition on processing of freedom of information act requests about arson or explosives incidents or firearm traces.--Section 644 of division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note; 117 Stat. 473-474) is repealed. (e) Prohibition on Use of Firearms Trace Data To Draw Broad Conclusions About Firearms-Related Crime.-- (1) Section 514 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6) is repealed. (2) Section 516 of the Consolidated and Further Continuing Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 633) is repealed. (f) Prohibitions Relating to ``Curios or Relics'' and Importation of Surplus Military Firearms.-- (1) The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6) is amended by striking the 1st proviso. (2) Section 519 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6) is repealed. (g) Prohibition on Denial of Federal Firearms License Due to Lack of Business Activity.--The matter under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113-6) is amended by striking the 6th proviso.

Enforce Existing Gun Laws Act This bill amends several appropriations laws to remove limitations on the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to conduct activities related to the administration of federal firearms laws. The amended appropriations laws include: the Consolidated and Further Continuing Appropriations Act, 2012; the Consolidated and Further Continuing Appropriations Act, 2013; the Consolidated Appropriations Act, 2010; the Omnibus Appropriations Act, 2009; the Consolidated Appropriations Act, 2008; the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006; the Consolidated Appropriations Act, 2005; and the Consolidated Appropriations Resolution, 2003. The bill removes provisions from these laws that: prohibit the consolidation or centralization within the Department of Justice of firearms acquisition and disposition records maintained by federal firearms licensees; prohibit the imposition of a requirement that firearms dealers conduct a physical inventory; require instant background check records to be destroyed within 24 hours; limit the use of firearms tracing data; limit the processing of Freedom of Information Act requests in connection with arson or explosive incidents or firearm traces; limit denials of applications to import "curios or relics" firearms, parts, or ammunition; and prohibit denials of federal firearms licenses due to lack of business activity.

Enforce Existing Gun Laws Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Family Values at the Border Act''. SEC. 2. PROTECTION OF FAMILY VALUES IN APPREHENSION PROGRAMS. (a) Procedures for Migration Deterrence Programs at the Border.--In any migration deterrence program carried out at a border, the Secretary and any cooperating entity shall for each apprehended individual-- (1) as soon as practicable after such individual is apprehended-- (A) inquire through a standardized procedure that shall be established by the Secretary not later than 90 days after the date of the enactment of this Act, as to whether such apprehended individual is-- (i) a parent, legal guardian, or primary caregiver of a child; or (ii) traveling with a spouse, child, or sibling; and (B) ascertain whether repatriation of such apprehended individual presents any humanitarian concern or concern related to such apprehended individual's physical safety; and (2) ensure that, with respect to a decision related to the repatriation or referral for prosecution of such apprehended individual, due consideration is given to-- (A) the best interests of such apprehended individual's child; (B) family unity whenever possible; and (C) other public interest factors, including humanitarian concerns and concerns related to such apprehended individual's physical safety. (b) Mandatory Training.--The Secretary, in consultation with the Secretary of Health and Human Services, the Attorney General, the Secretary of State, and independent immigration, child welfare, family law, and human rights law experts, shall-- (1) develop and provide specialized training for all personnel of U.S. Customs and Border Protection and cooperating entities who come into contact with apprehended individuals regarding legal authorities, policies, and procedures relevant to the preservation of a child's best interest, family unity, and other public interest factors, including factors described in subsection (a); and (2) require border enforcement personnel to undertake periodic and continuing training on best practices and changes in relevant legal authorities, policies, and procedures referred to in paragraph (1). (c) Annual Report on the Impact of Migration Deterrence Programs at the Border.-- (1) In general.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report that describes the impact of migration deterrence programs on parents, legal guardians, primary caregivers of a child, individuals traveling with a spouse, child, or sibling, and individuals who present humanitarian considerations or concerns related to such individual's physical safety. (2) Contents.--Each report required under paragraph (1) shall include for the previous year period an assessment of-- (A) the number of apprehended individuals removed, repatriated, or referred for prosecution who are the parent, legal guardian, or primary caregiver of a child who is a citizen of the United States; (B) the number of occasions in which both parents, or the primary caretaker of such a child was removed, repatriated, or referred for prosecution as part of a migration deterrence program; (C) the number of apprehended individuals traveling with a spouse, parent, grandparent, sibling, or child who are removed, repatriated, or referred for prosecution; and (D) the impact of migration deterrence programs on public interest factors, including humanitarian concerns and physical safety. (d) Regulations.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this section. SEC. 3. LIMITING DANGEROUS DEPORTATION PRACTICES. (a) Certification Required.-- (1) In general.--Not later than one year after the date of the enactment of this Act and every 180 days thereafter, the Secretary, except as provided in paragraph (2), shall submit to Congress written certification that the Department has deported or otherwise removed for a violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) an apprehended individual from the United States through an entry or exit point on the southern border only during daylight hours. (2) Exception.--The certification required under paragraph (1) shall not apply to the deportation or removal of an apprehended individual otherwise described in such paragraph if-- (A) the manner of such deportation or removal is justified by a compelling governmental interest; and (B) such apprehended individual is not a child and such apprehended individual agrees to be deported or removed in such manner after being notified of the intended manner of deportation or removal. (b) Consultation.--The Secretary shall consult with the Secretary of State and with local service providers at ports of entry, including shelters, hospitals, and centers for deported women and children, when negotiating or renegotiating agreements with the Government of Mexico and State and local entities governing arrangements for the deportation or removal of apprehended individuals to determine appropriate hours, subject to subsection (a), for conducting deportations and removals, and identifying safety concerns at deportation and removal sites. SEC. 4. SHORT-TERM CUSTODY STANDARDS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the head of the Office of Civil Rights and Civil Liberties of the Department, shall promulgate regulations establishing short-term custody standards providing for basic minimums of care at all U.S. Customs and Border Protection (CBP) facilities holding individuals in CBP custody, including-- (1) Border Patrol stations; (2) ports of entry; (3) checkpoints; (4) forward operating bases; (5) secondary inspection areas; and (6) short-term custody facilities. (b) Requirements.--The regulations promulgated in accordance with subsection (a) shall ensure that detention space capacity will not be exceeded except in emergency circumstances, and that all individuals in CBP custody receive-- (1) potable water and a snack, and, if detained for more than five hours, a nutritious meal with regular nutritious meals (at least one of which daily must be heated), and snacks, thereafter; (2) medically appropriate meals or snacks if such individuals are pregnant or have medical needs; (3) access to bathroom facilities, as well as basic toiletries and hygiene items, including soap, a toothbrush, toilet paper, and other items appropriate for the age and gender identification of such individuals, such as diapers and feminine hygiene products; (4) a cot, clean linens, and blankets, if detained for more than five hours; (5) adequate lighting and climate control that achieves a reasonable indoor temperature; (6) a physical and mental health screening conducted promptly upon arrival in a manner that complies with the requirements for such screenings specified in the currently applicable National Commission for Correctional Health Care Jails Standards, as well as information about the availability of, and access to, health care services that is communicated in a form and language such individuals are known to understand; (7) immediate physical and mental health needs addressed by a qualified health care professional as soon as possible; (8) prompt notice of the ability to make one telephone call at any time after arrest, telephone access to make such call, and the phone numbers to file a complaint with the Office of the Inspector General of the Department and the Office for Civil Rights and Civil Liberties of the Department; (9) to the extent practicable, a reasonable accommodation to respect such individuals' religious practices; (10) all protections under the Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 et seq.; Public Law 108-79), except that certain protections shall not apply at a particular CBP facility if the Commissioner of CBP determines that implementation at that particular facility of such a protection would be impracticable; (11) safe transport, including prevention of sexual assault during transfer, including in subcontracted transportation services, while such individuals are transported from a CBP facility; and (12) an administrative exit interview, upon release from CPB custody and after individuals have an opportunity to receive and review their belongings, with translations as necessary, which contains the questions described in subsection (c), or substantially similar questions. (c) Exit Interview Questions.--The questions described in this section are as follows: (1) Have all belongings, including money and identification been returned to you? (2) Were you apprehended with family members? If so, have you received information about where your family member is and how and when you may be reunited? (3) Have you received information about how to file a complaint? (4) Do you wish to file a complaint now about your treatment or conditions while in CPB custody? (d) Further Provisions.--The Commissioner of CBP shall ensure that all individuals in CBP custody-- (1) have regular access to consular officials and Government-funded legal service providers through confidential in-person visits or telephonic communications; (2) receive copies of all signed documents; and (3) are transferred to an appropriate U.S. Immigration and Customs Enforcement or Department of Health and Human Services Office of Refugee Resettlement facility or are released from short-term custody within 72 hours of apprehension. (e) Surveillance of Certain Individuals in CBP Custody.--The Commissioner of CBP shall ensure constant surveillance of an individual in CBP custody who exhibits signs of hostility, depression, or similar behaviors, or who is reasonably known to pose an elevated suicide risk. (f) Physical and Mental Health Assessment.--The Commissioner of CBP shall ensure that individuals in CBP custody for more than 24 hours, receive, in addition to the physical and mental health screening specified in subsection (b)(6), a physical and mental health assessment by a qualified healthcare professional. To the extent practicable, such individuals with known or readily apparent disabilities, including temporary disabilities, shall be housed in a manner that accommodates their mental or physical condition, or both, and provides for the safety, comfort, and security of such individuals. (g) Return of Certain Belongings.--Any lawful, nonperishable belongings of an individual in CBP custody that are confiscated by personnel operating under Federal authority shall be returned to such individual prior to the deportation or removal of such individual. (h) Inspection of Short-Term Custody Facilities.--Short-term custody facilities shall be inspected at least once every year by the Department of Homeland Security Office for Civil Rights and Civil Liberties, with the results made public without the need to submit a request under section 552 of title 5, United States Code. (i) Consultation.--The Secretary shall seek input from nongovernmental organizations regarding their independent opinion of specific facilities and permit regular access to nongovernmental organizations for human rights monitoring. (j) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to-- (1) establish a publicly accessible online system to track the location of individuals in CBP custody held in short-term custody, and provide an online list of all locations with phone numbers routinely used to hold individuals in short-term custody; (2) improve the education of individuals in CBP custody regarding administrative procedures and legal rights under United States immigration law, in consultation with the Executive Office for Immigration Review; and (3) ensure notification of the Office of Inspector General and Department of Homeland Security Office for Civil Rights and Civil Liberties within 48 hours of all instances in which-- (A) an individual in CBP custody has died, including during transfer to another facility or while being released; or (B) an individual has died as the result of an encounter with CBP. (k) Annual Reports.--Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report that details all instances in which an individual in CBP custody has died in the prior fiscal year, including during transfer to another facility or while being released, as well as all instances in which an individual has died as the result of an encounter with CBP, and the result of any subsequent investigation. Such reports shall also detail all instances in which an individual, including an individual in the custody of CBP, has suffered serious injuries requiring hospitalization as a result of the use of force by CBP. SEC. 5. DEFINITIONS. In this Act: (1) Apprehended individual.--The term ``apprehended individual'' means an individual apprehended by personnel of the Department of Homeland Security or of a cooperating entity. (2) Border.--The term ``border'' means an international border of the United States. (3) Child.--Except as otherwise specifically provided, the term ``child'' has the meaning given such term in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)). (4) Cooperating entity.--The term ``cooperating entity'' means a State or local entity acting pursuant to an agreement with the Secretary. (5) Department.--The term ``Department'' means the Department of Homeland Security. (6) Migration deterrence program.--The term ``migration deterrence program'' means an action related to the repatriation or referral for prosecution of one or more apprehended individuals for a suspected or confirmed violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by the Secretary or a cooperating entity. (7) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (8) Unaccompanied alien child.--The term ``unaccompanied alien child'' has the meaning given such term in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279).

Protect Family Values at the Border Act The Department of Homeland Security (DHS) shall: (1) consider safety and family concerns in any action related to the repatriation or prosecution of individuals apprehended for immigration violations, and (2) provide related training for U.S. Customs and Border Protection (CBP) and cooperating entity personnel. DHS, with certain exceptions, shall certify every 180 days that it has deported or otherwise removed an apprehended individual from the United States through an entry or exit point on the southern border only during daylight hours. DHS shall promulgate regulations establishing short-term custody standards providing for basic minimums of care at all CBP facilities holding individuals in CBP custody.

Protect Family Values at the Border Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medication Therapy Management Benefits Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Medications are important to the management of chronic diseases that require long-term or lifelong therapy. Pharmacists are uniquely qualified as medication experts to work with patients to manage their medications and chronic conditions and play a key role in helping patients take their medications as prescribed. (2) Nonadherence with medications is a significant problem. According to a report by the World Health Organization, in developed countries, only 50 percent of patients with chronic diseases adhere to medication therapies. For example, in the United States only 51 percent of patients taking blood pressure medications are adherent; similarly, only 40 to 70 percent of patients taking antidepressant medications adhere to prescribed therapies. (3) Failure to take medications as prescribed costs over $177 billion annually. The problem of nonadherence is particularly important for patients with chronic diseases that require use of medications; poor adherence leads to unnecessary disease progression, reduced functional status, lower quality of life, and premature death. (4) When patients adhere to, or comply with, their medication therapy, it is possible to reduce higher-cost medical attention, such as emergency department visits and catastrophic care, and avoid the preventable human costs that impact patients and those who care for them. (5) Studies have clearly demonstrated that community-based medication therapy management (MTM) services provided by pharmacists improve health care outcomes and reduce spending. For example, the Asheville Project--a diabetes program designed for city employees in Asheville, North Carolina, and delivered by community pharmacists--resulted over a 5-year period in a decrease in total direct medical costs ranging from $1,622 to $3,356 per patient per year, a 50 percent decrease in the use of sick days, and an increase in productivity accounting for an estimated savings of $18,000 annually. Another project involving pharmacist-provided care to patients with high cholesterol increased compliance with medication to 90 percent from a national average of 40 percent. In North Carolina, the ChecKmeds NC program, which offers eligible seniors one-on-one MTM consultations with pharmacists, saved an estimated $10,000,000 in healthcare costs and avoided numerous health problems in the first year of the program for the more than 15,000 seniors receiving MTM. Similar results have been achieved in several other demonstrations using community pharmacists. (6) Therefore, enhancement of the MTM benefit under part D of the Medicare program should be a key component of the national health care reform agenda. SEC. 3. IMPROVEMENT IN PART D MEDICATION THERAPY MANAGEMENT (MTM) PROGRAMS. (a) Improvements to Required Interventions.--Section 1860D- 4(c)(2)(C) of the Social Security Act (42 U.S.C. 1395w-104(c)(2)(C)) is amended-- (1) by amending clause (i)(I) to read as follows: ``(I) shall include a review of the individual's medications, creation of a personal medication record, and a recommended medication action plan in consultation with the individual and the prescriber; and''; and (2) by redesignating clause (ii) as clause (iii) and inserting after clause (i) the following new clause: ``(ii) Targeted medication reviews furnished person-to-person by a licensed pharmacist offered no less frequently than once every quarter to assess medication use since the last annual comprehensive medication review, to monitor unresolved issues, to identify problems with new drug therapies or if the individual has experienced a transition in care.''. (b) Increase Availability of MTM Services to Beneficiaries and Increase Community Pharmacy Involvement in Provision of MTM Services.-- (1) Increased beneficiary access to mtm services.--Section 1860D-4(c)(2) of such Act (42 U.S.C. 1395w-104(c)(2)) is further amended-- (A) in subparagraph (A)(ii)(I), by inserting before the semicolon at the end the following: ``or any chronic disease that accounts for high spending in the Medicare program including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease or chronic lung disorders), bone disease-arthritis (such as osteoporosis and osteoarthritis), rheumatoid arthritis, and mental health (such as depression, schizophrenia, or bipolar disorder)''; (B) by adding at the end of subparagraph (A) the following new clause: ``(iii) Identification of individuals who may benefit from medication therapy management.--The prescription drug plan sponsor shall identify a process subject to the Secretary's approval that allows licensed pharmacists or other qualified providers to identify for medication therapy management interventions potential enrollees who are not described as targeted beneficiaries under clause (ii) or are not otherwise offered services described in subparagraph (C).''; (C) by redesignating subparagraphs (F) and (G) as subparagraphs (I) and (J), respectively; (D) by redesignating the subparagraph (E), relating to development of program in cooperation with licensed pharmacists, as subparagraph (H); (E) by redesignating subparagraph (D) and the subparagraph (E), relating to automatic enrollment with ability to opt-out, as subparagraphs (F) through (G), respectively; and (F) by inserting after subparagraph (C) the following new subparagraph: ``(D) Medication reviews for dual eligibles and enrollees in transition of care.--Without regard to whether an enrollee is a targeted beneficiary described in subparagraph (A)(ii), the medication therapy management program under this program shall offer-- ``(i) a comprehensive medication review described in subparagraph (C)(i) at the time of initial enrollment under the plan for an enrollee who is a full-benefit dual eligible individual (as defined in section 1935(c)(6)); and ``(ii) a targeted medication review described in subparagraph (C)(ii) for any enrollee at the time of transition of care (such as being discharged from a hospital or another institutional setting) where new medications have been introduced to the individual's therapy.''. (2) Community pharmacy access.--Section 1840D-4(c)(2) of such Act, as amended by paragraph (1), is further amended by inserting after subparagraph (D) the following new subparagraph: ``(E) Pharmacy access requirements.--A prescription drug plan sponsor shall offer any willing pharmacy in its network the ability to provide medication therapy management services to assure that enrollees have the option of obtaining services under the medication therapy management program from community-based retail pharmacies.''. (c) Reimbursement and Incentives Based on Performance.-- (1) Appropriate reimbursement for the provision of mtm services.--Section 1860D-4(c)(2)(J) of such Act (42 U.S.C. 1395w-104(c)(2)(J)), as redesignated by subsection (b)(1)(C), is amended by striking the first sentence and inserting the following: ``The PDP sponsor shall reimburse pharmacists and other entities furnishing medication therapy management services under this paragraph based on the resources used and the time required to provide such services.''. (2) Evaluation of performance for payment incentives.-- Section 1860D-4(c)(2) of such Act (42 U.S.C. 1395w-104(c)(2)), as amended by subsection (b), is further amended by adding at the end the following new subparagraph: ``(K) Evaluation of performance.-- ``(i) Data collection and provider measures.--The Secretary shall establish measures and standards for data collection by prescription drug plan sponsors to evaluate performance of pharmacies and other entities in furnishing medication therapy management services. Such measures and standards shall be developed by such date as to allow the application of such measures under this subparagraph beginning with the first plan year beginning after the date of the enactment of the Medication Therapy Management Benefits Act of 2011. Such measures shall be designed to help assess and improve overall quality of care, including a reduction in adverse medication reactions, improvements in adherence and persistence in chronic medication use, and a reduction in drug spending, where appropriate. Prescription drug plan sponsors shall use such measures to compare outcomes based on the type of entity offering such services and shall ensure broader participation of entities that achieve better outcomes with respect to such services. The measures established under this clause shall include measures developed by the Pharmacy Quality Alliance (PQA) in the case of pharmacist providers. ``(ii) Continual development and incorporation of medication therapy management measures in broader health care outcomes measures.--The Secretary shall support the continual development and refinement of performance measures described in clause (i), including the incorporation of medication use measures as part of broader health care outcomes measures. The Secretary shall work with State Medicaid programs to incorporate similar performance-based measures into State drug use review programs provided pursuant to section 1927(g). ``(iii) Incentive payments.-- ``(I) In general.--Subject to subclause (II), for plan years beginning on or after the date that is 1 year after the date the establishment of measures and standards under clause (i), pharmacies and other entities that furnish medication therapy management services under this part shall be provided (in a manner specified by the Secretary) with additional incentive payments based on the performance of such pharmacies and entities in meeting the such measures and standards. Such payments shall be made from the Medicare Prescription Drug Account except that such payments may be made from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund if the Secretary determines, based on data under this part and parts A and B, that such services have resulted in a reduction in expenditures under part A or part B, respectively. ``(II) Limitation.--The total amount of additional incentive payments made under subclause (I) for a plan year may not exceed the amount by which the Secretary determines there are reductions in expenditures under this title during such plan year resulting from medication therapy management services furnished under this part.''.

Medication Therapy Management Benefits Act of 2011 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to require that the annual comprehensive medication review include creation of a personal medication record and a recommended medication action plan in consultation with the individual and the prescriber. Requires medication therapy management (MTM) services to include targeted medication reviews furnished person-to-person by a licensed pharmacist offered at least once every quarter to: (1) assess medication use since the last annual comprehensive medication review, (2) monitor unresolved issues, or (3) identify problems with new drug therapies or if the individual has experienced a transition in care. Increases the number of diseases and conditions for which beneficiaries may be targeted for medication therapy management (MTM) services. Requires a prescription drug plan (PDP) sponsor to identify a process, subject to approval by the Secretary of Health and Human Services (HHS), that allows licensed pharmacists or other qualified providers to identify potential enrollees for MTM interventions where such individuals are not targeted beneficiaries or are not otherwise offered MTM services. Requires any MTM program to offer both comprehensive and targeted medication reviews to individuals dually eligible for both Medicare and Medicaid (under SSA title XIX), regardless of whether they are MTM-targeted beneficiaries. Requires a PDP sponsor to offer any willing pharmacy in its network the ability to provide MTM services. Requires the PDP sponsor to reimburse pharmacists and other entities furnishing MTM services based on the resources used and the time required to provide such services. Directs the Secretary to: (1) establish measures and standards for data collection by PDP sponsors to evaluate performance of pharmacies and other entities in furnishing MTM services; and (2) support the continued development and refinement of performance measures. Provides pharmacies and other entities that furnish MTM services with additional incentive payments based on their performance in meeting quality measures established under this Act.

To amend part D of title XVIII of the Social Security Act to promote medication therapy management under the Medicare part D prescription drug program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Born-Alive Abortion Survivors Protection Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the United States, and entitled to all the protections of such laws. (2) Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care. SEC. 3. BORN-ALIVE INFANTS PROTECTION. (a) Requirements Pertaining to Born-Alive Abortion Survivors.-- Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: ``Sec. 1532. Requirements pertaining to born-alive abortion survivors ``(a) Requirements for Health Care Practitioners.--In the case of an abortion or attempted abortion that results in a child born alive (as defined in section 8 of title 1, United States Code (commonly known as the `Born-Alive Infants Protection Act')): ``(1) Degree of care required; immediate admission to a hospital.--Any health care practitioner present at the time the child is born alive shall-- ``(A) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age; and ``(B) following the exercise of skill, care, and diligence required under subparagraph (A), ensure that the child born alive is immediately transported and admitted to a hospital. ``(2) Mandatory reporting of violations.--A health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to comply with the requirements of paragraph (1) shall immediately report the failure to an appropriate State or Federal law enforcement agency, or to both. ``(b) Penalties.-- ``(1) In general.--Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both. ``(2) Intentional killing of child born alive.--Whoever intentionally performs or attempts to perform an overt act that kills a child born alive described under subsection (a), shall be punished as under section 1111 of this title for intentionally killing or attempting to kill a human being. ``(c) Bar to Prosecution.--The mother of a child born alive described under subsection (a) may not be prosecuted under this section, for conspiracy to violate this section, or for an offense under section 3 or 4 of this title based on such a violation. ``(d) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--If a child is born alive and there is a violation of subsection (a), the woman upon whom the abortion was performed or attempted may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(2) Appropriate relief.--Appropriate relief in a civil action under this subsection includes-- ``(A) objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of subsection (a); ``(B) statutory damages equal to 3 times the cost of the abortion or attempted abortion; and ``(C) punitive damages. ``(3) Attorney's fee for plaintiff.--The court shall award a reasonable attorney's fee to a prevailing plaintiff in a civil action under this subsection. ``(4) Attorney's fee for defendant.--If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. ``(e) Definitions.--In this section the following definitions apply: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability, to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child. ``(2) Attempt.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.''. (b) Clerical Amendment.--The table of sections for chapter 74 of title 18, United States Code, is amended by inserting after the item pertaining to section 1531 the following: ``1532. Requirements pertaining to born-alive abortion survivors.''.

Born-Alive Abortion Survivors Protection Act This bill amends the federal criminal code to require any health care practitioner who is present when a child is born alive following an abortion or attempted abortion to: (1) exercise the same degree of care as reasonably provided to any other child born alive at the same gestational age, and (2) ensure that such child is immediately admitted to a hospital. The term "born alive" means the complete expulsion or extraction from his or her mother, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut. Also, a health care practitioner or other employee who has knowledge of a failure to comply with these requirements must immediately report such failure to an appropriate law enforcement agency. An individual who violates the provisions of this Act is subject to a criminal fine, up to five years in prison, or both. An individual who commits an overt act that kills a child born alive is subject to criminal prosecution for murder. The legislation bars the criminal prosecution of a mother of a child born alive for conspiracy to violate the provisions of this Act, for being an accessory after the fact, or for concealment of felony. A woman who undergoes an abortion or attempted abortion may file a civil action for damages against an individual who violates this Act.

Born-Alive Abortion Survivors Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Medical Treatment Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Advertising claims.--The term ``advertising claims'' means any representations made or suggested by statement, word, design, device, sound, or any combination thereof with respect to a medical treatment. (2) Danger.--The term ``danger'' means any negative reaction that-- (A) causes serious harm; (B) occurred as a result of a method of medical treatment; (C) would not otherwise have occurred; and (D) is more serious than reactions experienced with routinely used medical treatments for the same medical condition or conditions. (3) Device.--The term ``device'' has the same meaning given such term in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). (4) Drug.--The term ``drug'' has the same meaning given such term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)). (5) Food.--The term ``food''-- (A) has the same meaning given such term in section 201(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)); and (B) includes a dietary supplement as defined in section 201(ff) of such Act. (6) Health care practitioner.--The term ``health care practitioner'' means a physician or another person who is legally authorized to provide health professional services in the State in which the services are provided. (7) Label.--The term ``label'' has the same meaning given such term in section 201(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(k)). (8) Labeling.--The term ``labeling'' has the same meaning given such term in section 201(m) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(m)). (9) Legal representative.--The term ``legal representative'' means a parent or an individual who qualifies as a legal guardian under State law. (10) Medical treatment.--The term ``medical treatment'' means any food, drug, device, or procedure that is used and intended as a cure, mitigation, treatment, or prevention of disease. (11) Seller.--The term ``seller'' means a person, company, or organization that receives payment related to a medical treatment of a patient of a health practitioner, except that this term does not apply to a health care practitioner who receives payment from an individual or representative of such individual for the administration of a medical treatment to such individual. SEC. 3. ACCESS TO MEDICAL TREATMENT. (a) In General.--Notwithstanding any other provision of law, and except as provided in subsection (b), an individual shall have the right to be treated by a health care practitioner with any medical treatment (including a medical treatment that is not approved, certified, or licensed by the Secretary of Health and Human Services) that such individual desires or the legal representative of such individual authorizes if-- (1) such practitioner has personally examined such individual and agrees to treat such individual; and (2) the administration of such treatment does not violate licensing laws. (b) Medical Treatment Requirements.--A health care practitioner may provide any medical treatment to an individual described in subsection (a) if-- (1) there is no reasonable basis to conclude that the medical treatment itself, when used as directed, poses an unreasonable and significant risk of danger to such individual; (2) in the case of an individual whose treatment is the administration of a food, drug, or device that has to be approved, certified, or licensed by the Secretary of Health and Human Services, but has not been approved, certified, or licensed by the Secretary of Health and Human Services-- (A) such individual has been informed in writing that such food, drug, or device has not yet been approved, certified, or licensed by the Secretary of Health and Human Services for use as a medical treatment of the medical condition of such individual; and (B) prior to the administration of such treatment, the practitioner has provided the patient a written statement that states the following: ``WARNING: This food, drug, or device has not been declared to be safe and effective by the Federal Government and any individual who uses such food, drug, or device, does so at his or her own risk.''; (3) such individual has been informed in writing of the nature of the medical treatment, including-- (A) the contents and methods of such treatment; (B) the anticipated benefits of such treatment; (C) any reasonably foreseeable side effects that may result from such treatment; (D) the results of past applications of such treatment by the health care practitioner and others; and (E) any other information necessary to fully meet the requirements for informed consent of human subjects prescribed by regulations issued by the Food and Drug Administration; (4) except as provided in subsection (c), there have been no advertising claims made with respect to the efficacy of the medical treatment by the practitioner; (5) the label or labeling of a food, drug, or device that is a medical treatment is not false or misleading; and (6) such individual-- (A) has been provided a written statement that such individual has been fully informed with respect to the information described in paragraphs (1) through (4); (B) desires such treatment; and (C) signs such statement. (c) Claim Exceptions.-- (1) Reporting by a practitioner.--Subsection (b)(4) shall not apply to an accurate and truthful reporting by a health care practitioner of the results of the practitioner's administration of a medical treatment in recognized journals, at seminars, conventions, or similar meetings, or to others, so long as the reporting practitioner has no direct or indirect financial interest in the reporting of the material and has received no financial benefits of any kind from the manufacturer, distributor, or other seller for such reporting. Such reporting may not be used by a manufacturer, distributor, or other seller to advance the sale of such treatment. (2) Statements by a practitioner to a patient.--Subsection (b)(4) shall not apply to any statement made in person by a health care practitioner to an individual patient or an individual prospective patient. (3) Dietary supplements statements.--Subsection (b)(4) shall not apply to statements or claims permitted under sections 403B and 403(r)(6) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-2 and 343(r)(6)). SEC. 4. REPORTING OF A DANGEROUS MEDICAL TREATMENT. (a) Health Care Practitioner.--If a health care practitioner, after administering a medical treatment, discovers that the treatment itself was a danger to the individual receiving such treatment, the practitioner shall immediately report to the Secretary of Health and Human Services the nature of such treatment, the results of such treatment, the complete protocol of such treatment, and the source from which such treatment or any part thereof was obtained. (b) Secretary.--Upon confirmation that a medical treatment has proven dangerous to an individual, the Secretary of Health and Human Services shall properly disseminate information with respect to the danger of the medical treatment. SEC. 5. REPORTING OF A BENEFICIAL MEDICAL TREATMENT. If a health care practitioner, after administering a medical treatment that is not a conventional medical treatment for a life- threatening medical condition or conditions, discovers that such medical treatment has positive effects on such condition or conditions that are significantly greater than the positive effects that are expected from a conventional medical treatment for the same condition or conditions, the practitioner shall immediately make a reporting, which is accurate and truthful, to the Office of Alternative Medicine of-- (1) the nature of such medical treatment (which is not a conventional medical treatment); (2) the results of such treatment; and (3) the protocol of such treatment. SEC. 6. TRANSPORTATION AND PRODUCTION OF FOOD, DRUGS, DEVICES, AND OTHER EQUIPMENT. Notwithstanding any other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.), a person may-- (1) introduce or deliver into interstate commerce a food, drug, device, or any other equipment; and (2) produce a food, drug, device, or any other equipment, solely for use in accordance with this Act if there have been no advertising claims by the manufacturer, distributor, or seller. SEC. 7. VIOLATION OF THE CONTROLLED SUBSTANCES ACT. A health care practitioner, manufacturer, distributor, or other seller may not violate any provision of the Controlled Substances Act (21 U.S.C. 801 et seq.) in the provision of medical treatment in accordance with this Act. SEC. 8. PENALTY. A health care practitioner who knowingly violates any provisions under this Act shall not be covered by the protections under this Act and shall be subject to all other applicable laws and regulations.

Access to Medical Treatment Act - Permits any individual to be treated by a health care practitioner with any medical treatment that the individual desires, or that is authorized by the legal representative of the individual, if: 1) the practitioner agrees to treat the individual; and 2) the administration of such treatment does not violate licensing laws. Authorizes health care practitioners to provide any method of treatment to such an individual: 1) if there is no evidence that the treatment is a danger to the individual; and 2) if the treatment has not been approved, the individual has been informed that the treatment has not been approved and the food, drug, or device contains a warning to that effect. Requires a practitioner, after administering such treatment and discovering it to be a danger to an individual, to submit a report to the Secretary of Health and Human Services. Requires the Secretary to properly disseminate information with respect to the danger of the medical treatment. Requires a practitioner to immediately report to the Office of Alternative Medicine the positive effects of an unconventional medical treatment for a life-threatening medical condition including: 1) the nature of such treatment; 2) the results of such treatment; and 3) the protocol of such treatment.

Access to Medical Treatment Act

SECTION 1. LAND WITHDRAWAL AND RESERVATION FOR CRAGIN DAM. (a) Definitions.--In this section: (1) Covered land.--The term ``covered land'' means the parcel of land consisting of approximately 512 acres that-- (A) is located in the Counties of Coconino and Gila, Arizona; and (B) is comprised of-- (i) approximately 300 feet of the crest of the Cragin Dam and associated spillway; (ii) the reservoir pool of the Cragin Dam that consists of approximately 250 acres; and (iii) the linear corridor and project facilities that-- (I) consist of approximately 262 acres; and (II) are used for-- (aa) access to the Cragin Dam; and (bb) the placement of tunnels, pipelines, penstocks, and electric transmission lines with respect to the Cragin Dam. (2) Cragin dam.--The term ``Cragin Dam'' means the C.C. Cragin Dam and Reservoir (including each water and power facility associated with the C.C. Cragin Dam and Reservoir). (3) Department.--The term ``Department'' means the Department of the Interior. (4) District.--The term ``District'' means the Salt River Project Agricultural Improvement and Power District. (5) Linear corridor.--The term ``linear corridor'' means a corridor-- (A) the width of which is approximately 200 feet; (B) the length of which is approximately 11.5 miles; (C) of which approximately 0.7 miles consists of an underground tunnel; (D) a portion of which is located in-- (i) sec. 31, sec. 32, sec. 33, and sec. 34, T. 14 N., R. 11 E.; (ii) sec. 36, T. 14 N., R. 10 E.; (iii) sec. 4, sec. 5, sec. 6, sec. 7, and sec. 8, T. 13 N., R. 11 E.; (iv) sec. 12, sec. 13, sec. 24, sec. 25, sec. 35, and sec. 36, T. 13 N., R. 10 E.; and (v) sec. 1, sec. 11, sec. 12, sec. 14, and sec. 23, T. 12 N., R. 10 E., of the Gila and Salt River Meridians; and (E) as generally depicted on the Map. (6) Map.--The term ``Map'' means the map entitled ``C.C. Cragin Dam and Reservoir Land'' and dated June 17, 2008. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Withdrawal of Covered Land.--Subject to valid existing rights, with respect to reclamation, the covered land is permanently withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (c) Jurisdiction of Secretary of the Interior.--The Secretary of the Interior shall have exclusive jurisdiction-- (1) with respect to the covered land withdrawn by subsection (b); and (2) to manage each reclamation project carried out on the covered land in accordance with section 213(i) of the Arizona Water Settlements Act (Public Law 108-451; 118 Stat. 3532). (d) Responsibility of Secretary of the Interior and District.--In accordance with paragraphs (4)(B) and (5) of section 213(i) of the Arizona Water Settlements Act (Public Law 108-451; 118 Stat. 3533), the Secretary of the Interior and the District shall ensure the compliance of each activity carried out at the Cragin Dam with each applicable Federal law (including regulations). (e) Map.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall file a copy of the Map with-- (A) each appropriate committee of Congress; (B) the Secretary; (C) the Governor of the State of Arizona; and (D) the Archivist of the United States. (2) Force and effect.--Each copy of the Map filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the Map. (f) Management Activities on Covered Land.-- (1) In general.--In accordance with paragraphs (2) and (3), the Secretary of the Interior, in consultation with the District, may enter into a contract with the Secretary to carry out management activities on the covered land. (2) Requirement.--In carrying out a management activity under paragraph (1), the Secretary shall ensure that the activity does not conflict with, or adversely affect, the operation, maintenance, or repair of the Cragin Dam, as determined by the Secretary of the Interior. (3) Authorized management activities.--Authorized management activities described in paragraph (1) include any activity agreed to between the Secretary and the Secretary of the Interior, including, with respect to the Cragin Dam-- (A) the management of-- (i) recreation; (ii) wildland fire activities; (iii) public conduct and law enforcement; (iv) cultural resources; and (v) other resources; and (B) any other appropriate management activity. (g) Access to Forest Service Roads.-- (1) In general.--To carry out the operation, maintenance, and repair of the Cragin Dam, the Secretary-- (A) shall authorize employees of the Department and the District to use certain roads under the jurisdiction of the Forest Service, as determined by the Secretary in coordination with the Secretary of the Interior and the District; and (B) may not require any individual described in subparagraph (A) to apply for, or possess, a permit, license, or other similar document as a condition for authorization to use any road described in that subparagraph. (2) Compliance with federal laws.--In carrying out an activity described in paragraph (1) through the use of roads authorized under that paragraph, the Department and the District shall comply with each applicable Federal law (including regulations).

Withdraws specified land located in Coconino and Gila Counties, Arizona (covered land), from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. Grants the Secretary of the Interior exclusive jurisdiction with respect to covered land to manage each reclamation project carried out on such land in accordance with the Arizona Water Settlements Act. Requires that Secretary and the Salt River Project Agricultural Improvement and Power District to ensure the compliance of each activity carried out at the C.C. Craigin Dam and Reservoir with applicable federal law. Authorizes that Secretary to contract with the Secretary of Agriculture, acting through the Chief of the Forest Service, to carry out specified management activities on covered land that does not conflict with, or adversely affect, the operation, maintenance, or repair of the Dam, including the management of recreation, wildland fire activities, public conduct and law enforcement, and cultural and other resources. Directs the Secretary of Agriculture, to carry out the operation, maintenance, and repair of the Dam, to authorize employees of the Department of the Interior and the District to use certain roads under Forest Service jurisdiction. Prohibits requiring any such individual from applying for or possessing a permit, license, or other similar document as a condition for authorization to use any such road. Requires the Department and the District to comply with applicable federal law.

To clarify the jurisdiction of the Secretary of the Interior with respect to the C.C. Cragin Dam and Reservoir, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retired Pay Restoration Act''. SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES. (a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.--Subsection (a) of section 1414 of title 10, United States Code, is amended-- (1) by striking ``Compensation'' in the subsection heading and all that follows through ``Subject'' and inserting ``Compensation.--Subject''; and (2) by striking paragraph (2). (b) Phase-In of Concurrent Receipt for Retirees With Service- Connected Disabilities Rated as 40 Percent or Less.--Subsection (c) of such section is amended-- (1) in the matter before paragraph (1), by striking ``subsection (a)(1)'' and inserting ``subsection (a)''; and (2) in paragraph (1), by adding at the end the following new subparagraph: ``(G) For a month for which the retiree receives veterans' disability compensation for a disability rated as 40 percent or less or has a service-connected disability rated as zero percent, $0.''. (c) Clerical Amendments.-- (1) Section heading.--The heading for such section is amended to read as follows: ``Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.''. (2) Table of sections.--The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: ``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.''. (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2010, and shall apply to payments for months beginning on or after that date. SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT. (a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a of title 10, United States Code, is amended by striking ``entitled to retired pay who--'' and all that follows through the end of paragraph (1) and inserting ``who-- ``(1) is entitled to retired pay, other than a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and''. (b) Amendments To Standardize Similar Provisions.-- (1) Clerical amendment.--The heading for paragraph (3) of section 1413a(b) of such title is amended by striking ``rules'' and inserting ``rule''. (2) Specification of qualified retirees for concurrent receipt purposes.--Section 1414 of such title, as amended by section 2, is amended-- (A) in subsection (a)-- (i) by striking ``a member or'' and all that follows through ``retiree')'' and inserting ``an individual who is a qualified retiree for any month''; and (ii) by inserting ``retired pay and veterans' disability compensation'' after ``both''; and (B) in subsection (e), by adding at the end the following new paragraph: ``(5) Qualified retiree.--The term `qualified retiree' means a member or former member of the uniformed services who, with respect to any month-- ``(A) is entitled to retired pay, other than in the case of a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(B) is entitled to veterans' disability compensation.''. (3) Disability retirees.--Subsection (b) of section 1414 of such title is amended-- (A) by striking ``Special Rules'' in the subsection heading and all that follows through ``is subject to'' and inserting ``Special Rule for Chapter 61 Disability Retirees.--In the case of a qualified retiree who is retired under chapter 61 of this title, the retired pay of the member is subject to''; and (B) by striking paragraph (2). (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2010, and shall apply to payments for months beginning on or after that date.

Retired Pay Restoration Act - Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (under current law, only a disability rated at 50% or more). Provides a phase-in for the concurrent receipt of retired pay with respect to retirees with service-connected disabilities rated at 40% or less. Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.

To amend title 10, United States Code, to permit certain retired members of the uniformed services who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Job Creation and Innovation Investment Act of 2011''. SEC. 2. EXTENSION AND MODIFICATION OF DIVIDENDS RECEIVED DEDUCTION FOR CERTAIN REPATRIATED FOREIGN EARNINGS. (a) In General.--Subsection (f) of section 965 of the Internal Revenue Code of 1986 is amended to read as follows: ``(f) Election.--The taxpayer may elect to apply this section to-- ``(1) the taxpayer's last taxable year which begins before the date of the enactment of the Reinvest in America Act of 2011, or ``(2) the taxpayer's first taxable year which begins during the 1-year period beginning on such date. Such election may be made for a taxable year only if made on or before the due date (including extensions) for filing the return of tax for such taxable year.''. (b) Elimination of Limitation.--Subsection (b) of section 965 of such Code is amended by striking paragraph (1). (c) Modification of Investment Requirement.--Paragraph (4) of section 965(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(4) Special rule for investment in united states pursuant to qualified domestic reinvestment plan.-- ``(A) In general.--In the case of any dividend (or portion thereof)-- ``(i) with respect to which the taxpayer elects the application of this paragraph, and ``(ii) which is reinvested in the United States pursuant to a qualified domestic reinvestment plan, subsection (a)(1) shall be applied by substituting `100 percent' for `85 percent'. ``(B) Qualified domestic reinvestment plan.--For purposes of this paragraph-- ``(i) In general.--The term `qualified domestic reinvestment plan' means a plan which-- ``(I) is approved by the taxpayer's president, chief executive officer, or comparable official before the payment of such dividend and subsequently approved by the taxpayer's board of directors, management committee, executive committee, or similar body, and ``(II) provides for the reinvestment of such dividend (or portion thereof) in the United States, not later than 3 years after the payment of such dividend, as a source funding for research and development expenses, expansion of facilities, proof of concept centers, early stage venture capital investment (including original investment), or manufacturing start-up costs (including plant, equipment, infrastructure, and contract manufacturing). ``(ii) Proof of concept center.--The term `proof of concept center' includes activities within public and private institutions and universities, which advance inventions by assessing and validating commercial feasibility of products or processes, including prototype development.''. (d) Threshold Period.--Section 965 of such Code is amended by striking ``June 30, 2003'' each place it occurs and inserting ``June 30, 2010''. (e) Indebtedness Determination Date.--Subparagraph (B) of section 965(b)(3) of such Code is amended by striking ``October 3, 2004'' and inserting ``February 1, 2011''. (f) Conforming Amendments.-- (1) Subparagraphs (A)(ii)(I) and (C)(ii)(II) of section 965(c)(2) of such Code are each amended by striking ``(b)(2)(B)'' and inserting ``(b)(1)(B)''. (2) Subclause (II) of section 965(c)(2)(C)(ii) of such Code is amended by striking ``(b)(2)'' and inserting ``(b)(1)''. (3) Paragraph (5) of section 965(c) of such Code is amended-- (A) by striking subparagraphs (B) and (C), and (B) by striking ``(5) Controlled groups'' and all that follows through ``All United States shareholders'' and inserting the following: ``(5) Controlled groups.--All United States shareholders''. (g) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Job Creation and Innovation Investment Act of 2011 - Amends the Internal Revenue Code, with respect to the tax deduction for dividends received from a controlled foreign corporation, to: (1) eliminate limitations on the amount of such deduction, and (2) allow a 100% deduction for companies that reinvest such dividends in a qualified domestic reinvestment plan. Defines "qualified domestic reinvestment plan" as an approved plan for the reinvestment within three years after payment of such dividends in the United States for research and development expenses, expansion of facilities, proof of content centers, early stage venture capital investment, or manufacturing startup costs.

To amend the Internal Revenue Code of 1986 to allow temporarily a reduced rate of tax with respect to repatriated foreign earnings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016''. SEC. 2. INVESTIGATION OF UNSOLVED CIVIL RIGHTS CRIMES. The Emmett Till Unsolved Civil Rights Crime Act of 2007 (28 U.S.C. 509 note) is amended-- (1) in section 2-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting a semicolon; and (C) by inserting after paragraph (2) the following: ``(3) coordinate the sharing of information between the Federal Bureau of Investigation, the civil rights community, and other entities; ``(4) hold accountable individuals who were perpetrators of, or accomplices in, unsolved civil rights murders; ``(5) express the condolences of the authority to the communities affected by unsolved civil rights murders, and to the families of the victims of such murders; and ``(6) comply with requests for information received pursuant to section 552 of title 5, United States Code (commonly known as the `Freedom of Information Act').''; (2) in section 3-- (A) in subsection (b)-- (i) in paragraph (1), by striking ``occurred not later than December 31, 1969, and''; (ii) in paragraph (2), by inserting before the period at the end the following: ``, and eligible entities''; and (iii) by adding after paragraph (2) the following: ``(3) Review of closed cases.--The Deputy Chief shall reopen and review any case involving a violation described in paragraph (1) that was closed prior to the date of the enactment of the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 without an in-person investigation conducted by an officer or employee of the Criminal Section of the Civil Rights Division of the Department of Justice or by an agent of the Federal Bureau of Investigation. ``(4) Task force.-- ``(A) In general.--The Deputy Chief shall establish a task force that includes representatives from the Federal Bureau of Investigation, the Community Relations Service of the Department of Justice, State and local law enforcement agencies, and eligible entities to conduct a thorough investigation of, and make recommendations to the Deputy Chief regarding, the cases involving violations described in paragraph (1). ``(B) Authorization of appropriations.--In addition to amounts made available to carry out this Act under section 6, there is authorized to be appropriated to the Attorney General $1,500,000 for fiscal year 2016 and each subsequent fiscal year to carry out this paragraph.''; and (B) in subsection (c)-- (i) in paragraph (1)-- (I) in subparagraph (A), by striking ``that occurred not later than December 31, 1969''; (II) in subparagraph (F), by striking ``and'' at the end; (III) in subparagraph (G), by striking the period at the end and inserting ``; and''; and (IV) by inserting after subparagraph (G) the following: ``(H) the number of cases referred by an eligible entity or a State or local law enforcement agency or prosecutor to the Department within the study period, the number of such cases that resulted in Federal charges being filed, the date the charges were filed, and if the Department declines to prosecute or participate in an investigation of a case so referred, the fact that it did so.''; and (ii) in paragraph (2), by inserting before the period at the end the following: ``and a description of the activities conducted under subsection (b)(3)''; (3) in section 4(b)-- (A) in paragraph (1), by striking ``occurred not later than December 31, 1969, and''; and (B) in paragraph (2), by inserting before the period at the end the following: ``, and eligible entities''; (4) in section 5-- (A) in subsection (a)-- (i) by inserting after ``local law enforcement agencies'' the following: ``, or eligible entities,''; and (ii) by striking ``occurred not later than December 31, 1969, and''; and (B) in subsection (b), by striking ``each of the fiscal years 2008 through 2017'' and inserting ``fiscal year 2016 and each subsequent fiscal year''; (5) in section 6-- (A) in subsection (a)-- (i) by striking ``each of the fiscal years 2008 through 2017'' and inserting ``fiscal year 2016 and each subsequent fiscal year''; and (ii) by striking ``occurred not later than December 31, 1969, and''; and (B) by amending subsection (b) to read as follows: ``(b) Community Relations Service of the Department of Justice.-- Subject to the availability of appropriations, the Community Relations Service of the Department of Justice shall provide technical assistance by bringing together law enforcement agencies and communities in the investigation of violations described in section 4(b).''; (6) in section 7-- (A) in the heading, by striking ``definition of `criminal civil rights statutes''' and inserting ``definitions''; (B) by striking ``In this Act, the term'' and inserting: ``In this Act: ``(1) Criminal civil rights statutes.--The term''; and (C) by inserting at the end the following: ``(2) Eligible entity.--The term `eligible entity' means an organization whose primary purpose is to promote civil rights, an institution of higher education, or another entity, determined by the Attorney General to be appropriate.''; and (7) by striking section 8.

Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 This bill permanently reauthorizes the Emmett Till Unsolved Civil Rights Crime Act of 2007 (Emmett Till Act) and expands the responsibilities of the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) to include the investigation and prosecution of criminal civil rights statutes violations that resulted in a death, regardless of when the violations occurred. (Currently, the Emmett Till Act is scheduled to expire at the end of FY2017 and such investigations are limited to violations that occurred before 1970.) The bill expresses the sense of Congress that all authorities with jurisdiction should: (1) coordinate information sharing; (2) hold accountable individuals who were perpetrators of, or accomplices in, unsolved civil rights murders; and (3) comply with Freedom of Information Act requests. In investigating a complaint, DOJ may coordinate activities with entities that DOJ determines to be appropriate. DOJ shall reopen and review cases closed without an in-person investigation conducted by DOJ or the FBI. DOJ must establish a task force to conduct a thorough investigation of Emmett Till Act cases. In an annual report to Congress, DOJ must indicate: (1) the number of cases referred by a civil rights organization, an institution of higher education, or a state or local law enforcement agency; (2) the number of such cases that resulted in federal charges; (3) the date any such charges were filed; (4) whether DOJ has declined to prosecute or participate in an investigation of a referred case; and (5) any activity on reopened cases. DOJ may award grants to civil rights organizations, institutions of higher education, and other eligible entities for expenses associated with investigating offenses under the Emmett Till Act.

Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Account Number Anti- Fraud Act''. SEC. 2. STATEMENT OF PURPOSE. The purposes of this Act are-- (1) to require the Social Security Administration and the Immigration and Naturalization Service to establish a system that allows employers to verify social security account numbers of employees; and (2) to reduce the use of fraudulent social security documents for employment purposes. SEC. 3. SOCIAL SECURITY ACCOUNT NUMBER ANTI-FRAUD PROGRAM. Section 205 of the Social Security Act (42 U.S.C. 405) is amended by adding at the end the following new subsection: ``Verification of Employee Social Security Account Numbers ``(u)(1)(A) Not later than 2 years after the date of the enactment of the Social Security Account Number Anti-Fraud Act, the Secretary, in consultation with the Commissioner of Immigration and Naturalization and the Secretary of Labor, shall establish a program under which-- ``(i) each American employer, either by telephone through use of a toll-free telephone number or by other electronic device-- ``(I) shall transmit the social security account number and name of each new employee of the employer, and any other information concerning the employee that the Secretary requires by regulation, to the Secretary not later than 72 hours after the commencement of employment of the employee; and ``(II) may transmit the social security account number and name of any employee of the employer to whom subclause (I) does not apply, and any other information concerning the employee that the Secretary specifies by regulation, to the Secretary; and ``(ii) notwithstanding any provision of section 552a of title 5, United States Code, the Secretary shall, upon receiving the information transmitted under clause (i), instantaneously notify the employer that there is or is not a discrepancy concerning the information, by sending a communication to the same electronic device through which the information was transmitted to the Secretary. ``(B)(i) With respect to each employee social security account number that an employer transmits under the program established under this paragraph, the Secretary shall give the employer-- (I) a verification number; and (II) a number indicating whether there is or is not a discrepancy concerning the employee social security account number. ``(ii) The Secretary shall maintain, for at least the amount of time during which prosecution for crimes relating to fraudulent use of a social security account number would be allowable under applicable statutes of limitations, records of all contacts that occur under subparagraph (A) or (D) between the Secretary and an employer. ``(iii) Each employer shall maintain, for at least the amount of time referred to in clause (ii), records of all information (including numbers referred to in clause (i)) provided to the employer under this subsection with respect to any employee social security account number, or any other employee-related information, submitted pursuant to subparagraph (A)(i). The employer shall make such records available, upon request, for inspection by the Secretary or the designee of the Secretary for purposes of evaluating the compliance of the employer with this subsection. ``(C) The Secretary shall establish guidelines to describe the characteristics that constitute a discrepancy concerning a social security account number transmitted to the Secretary under the program established under this paragraph. Under the guidelines, a discrepancy concerning a social security account number shall be indicated if any of the following factors is present regarding the number: ``(i) An invalid social security account number. ``(ii) A social security account number submitted for verification under the program with a name that does not belong to the correct holder of the social security account number. ``(iii) Unusually frequent use of a social security account number. ``(iv) Use of a social security account number in geographically distant locations within a relatively short period of time. ``(v) Any other factor that the Secretary determines to be appropriate. ``(D) If a discrepancy concerning the social security account number of an employee is indicated under the program established under this paragraph-- ``(i) the Secretary shall notify the Commissioner of Immigration and Naturalization, within 24 hours after the discrepancy is indicated, of-- ``(I) the fact that a discrepancy has been indicated regarding the employee; and ``(II) the nature of the discrepancy; ``(ii) the Secretary may not, pursuant to this subsection, notify the employer of the nature of the discrepancy; ``(iii) an employer notified of the discrepancy under subparagraph (A)(ii) shall notify the employee that a discrepancy has been indicated within 3 days after the employer receives the notification; ``(iv) the employee shall contact an office of the Social Security Administration within 3 days after being notified of the discrepancy under clause (iii); ``(v) the Secretary shall notify the employee of the nature of the discrepancy, upon request by the employee to the Secretary (including a request made to an office of the Social Security Administration); ``(vi) the Secretary shall notify the employee, the current employer of the employee, and the Commissioner of Immigration and Naturalization, in writing, of the resolution or confirmation of the discrepancy, within 30 days after the employee contacts the Social Security Administration under clause (iv); ``(vii) the current employer of the employee shall reverify the social security account number through the program established under this paragraph within 10 days after the Secretary notifies the employer, under clause (vi), that the discrepancy has been resolved; and ``(viii) unless the Secretary notifies the employer, under clause (vi), that the discrepancy has been confirmed, the employer may not take any action to penalize the employee based on the discrepancy. ``(E)(i) The Secretary may not charge a fee to any employer or employee in connection with the utilization of the program established under this paragraph. ``(ii) No employer may charge a fee to-- ``(I) an employee of the employer in connection with the utilization of the program; or ``(II) a job applicant in connection with, or anticipation of, utilization of the program. ``(2) The Secretary may by regulation exempt any employer from the obligation to use the program established under paragraph (1) regarding any employee whose employment with the employer includes only the performance of services described in subparagraph (B) or (C) of section 209(a)(6) for remuneration described in such subparagraph. ``(3)(A) Failure by an employer to comply with paragraph (1) of this subsection shall be considered to be a violation of section 274A(a)(1)(A) of the Immigration and Naturalization Act (8 U.S.C. 1324a(a)(1)(A)), for purposes of section 274A(e) of such Act, as modified by subparagraph (B) of this paragraph. ``(B) For purposes of subparagraph (A), section 274A(e) of the Immigration and Naturalization Act (8 U.S.C. 1324a(e)) shall be applied by substituting the term `employee' for the term `unauthorized alien' in clause (i) of section 274A(e)(4)(A) of such Act, and for the term `alien' in clauses (ii) and (iii) of such section. ``(4)(A) Any person or business who knowingly and willfully requests or obtains any record, or information, from or under the program established under paragraph (1) under false pretenses shall be guilty of an infraction and shall be subject to a fine as provided in title 18, United States Code. ``(B) The penalties described in section 552a(i) of title 5, United States Code, shall not apply to an activity that is subject to a penalty under subparagraph (A). ``(5) The Secretary shall establish by regulation a mechanism (such as the use of a personal identification number or taxpayer identification number) by which the Secretary may verify the identity of each employer transmitting and receiving information under this subsection and may ensure that each person who transmits or receives information under this subsection as if such person were an employer is an employer who is legitimately entitled to use the program established under this subsection. ``(6) The Secretary shall establish a toll-free number through which an employee may contact an office of the Social Security Administration as required by paragraph (1)(D)(iv). ``(7) For purposes of this subsection: ``(A) The term `American employer' has the meaning given the term in section 210(e), as such section may from time to time be amended, except that the terms `State' and `United States' within such section shall have the meaning given the term `United States' in subparagraph (D) of this paragraph. ``(B) The term `employee' has the meaning given the term in section 210(j), as such section may from time to time be amended, and does not include a job applicant. ``(C) The term `new employee' means an employee who commences an employment more than 2 years after the date of the enactment of the Social Security Account Number Anti-Fraud Act. ``(D) The term `United States' has the meaning given the term in section 101(38) of the Immigration and Nationality Act, as such section may from time to time be amended.''. SEC. 4. IMPLEMENTATION OF SOCIAL SECURITY ACCOUNT NUMBER ANTI-FRAUD PROGRAM. (a) Establishment of Program.--The Secretary of Health and Human Services shall implement the Social Security Account Number Anti-Fraud Program on a partial and interim basis, as provided in this section, for a period beginning not later than 180 days after the date of the enactment of this Act and ending on the nationwide implementation date. (b) Availability to Employers.--The Secretary shall make the Social Security Account Number Anti-Fraud Program, as implemented under subsection (a), available to all employers in the States of California, Florida, Illinois, New Jersey, New York, and Texas. (c) Report on Initial Implementation.--Not later than 45 days after the expiration of the first 12-month period in which the Social Security Account Number Anti-Fraud Program is implemented under subsection (a), the Secretary shall submit to the Congress a report that contains-- (1) an evaluation of the effectiveness of the Social Security Account Number Anti-Fraud Program as the program is implemented under subsections (a) and (b) of this section; and (2) a description of any cooperation between the Social Security Administration and the Immigration and Naturalization Service regarding the program. (d) Definitions.--For purposes of this section: (1) The term ``nationwide implementation date'' means the date on which the Secretary establishes the program required by subsection (u)(1)(A) of section 205 of the Social Security Act (as added by this Act). (2) The term ``Secretary'' means the Secretary of Health and Human Services. (3) The term ``Social Security Account Number Anti-Fraud Program'' means the program established under subsection (u) of section 205 of the Social Security Act (as added by this Act), but does not include paragraph (1)(A)(i)(I) or (3) of such subsection.

Social Security Account Number Anti-Fraud Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) establish, according to prescribed guidelines, an electronic program for American employers to verify the social security number and other relevant employment information to reduce the use of fraudulent social security documents for employment purposes; (2) implement such program according to a prescribed schedule, making it available to all employers in the States of California, Florida, Illinois, New Jersey, New York, and Texas; and (3) report to the Congress on the Program's initial implementation.

Social Security Account Number Anti-Fraud Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Missing Mercury in Manufacturing Monitoring and Mitigation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) mercury and mercury compounds are highly toxic to humans, ecosystems, and wildlife; (2) as many as 10 percent of women in the United States of childbearing age have mercury in their bloodstreams at a level that could pose risks to their unborn babies, and as many as 630,000 children born annually in the United States are at risk of neurological problems relating to mercury exposure in utero; (3) the most significant source of mercury exposure to people in the United States is ingestion of mercury- contaminated fish; (4) the Environmental Protection Agency reports that, as of 2004, as a result of mercury contamination-- (A) 44 States have fish advisories covering more than 13,000,000 lake acres and more than 750,000 river miles; (B) in 21 States, the freshwater fish advisories are statewide; and (C) in 12 States, the coastal fish advisories are statewide; (5) the long-term solution to mercury pollution is to minimize global mercury use and releases of mercury to eventually achieve reduced contamination levels in the environment, rather than reducing fish consumption, since uncontaminated fish represents a critical and healthy source of nutrition for people worldwide; (6) an estimated additional 24,000 to 30,000 tons of mercury are used at mercury cell chlor-alkali plants worldwide; (7) mercury pollution is a transboundary pollutant that-- (A) is deposited locally, regionally, and globally; and (B) affects bodies of water near industrial areas, such as the Great Lakes, as well as bodies of water in remote areas, such as the Arctic Circle; (8)(A) of the approximately 30 plants in the United States that produce chlorine, only 8 use the obsolete ``mercury cell'' chlor-alkali process; and (B) the 8 plants described in subparagraph (A) that use the mercury cell chlor-alkali process release or lose a quantity of mercury that rivals the mercury emissions of all coal-fired power plants in the United States; (9)(A) only about 10 percent of the total quantity of chlorine and caustic soda produced comes from the chlor-alkali plants described in paragraph (8) that use the mercury cell chlor-alkali process; and (B) cost-effective alternatives are available and in use in the remaining 90 percent of chlorine and caustic soda production, and other countries, including Japan, have already banned the mercury cell chlor-alkali process; (10) as of the date of enactment of this Act, the chlor- alkali industry in the United States possesses approximately 2,500 tons of mercury at facilities using the mercury cell process and historically has used substantially greater quantities of mercury because many more facilities in the past used the mercury cell process; (11) the chlor-alkali industry acknowledges that-- (A) mercury can contaminate products manufactured at mercury cell facilities; and (B) the use of some of those products results in the direct and indirect release of mercury; (12) despite those quantities of mercury known to have been used or to be in use, the chlor-alkali industry and the Environmental Protection Agency have failed-- (A) to adequately account for the disposition of the mercury used at those facilities; and (B) to accurately estimate current mercury emissions; and (13) it is critically important that the United States work aggressively toward the monitoring and mitigation of domestically-used mercury. SEC. 3. STATEMENT OF POLICY. Congress declares that the United States should develop policies and programs that will-- (1) reduce mercury use and emissions within the United States; (2) reduce mercury releases from the reservoir of mercury currently in use or circulation within the United States; and (3) reduce exposures to mercury, particularly exposures of women of childbearing age and young children. SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING. (a) In General.--Title I of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by inserting after section 6 the following: ``SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING. ``(a) Definitions.--In this section: ``(1) Chlor-alkali facility.--The term `chlor-alkali facility' means a facility used for the manufacture of chlorine or caustic soda using a mercury cell process. ``(2) Hazardous waste; solid waste.--The terms `hazardous waste' and `solid waste' have the meanings given those terms in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903). ``(b) Prohibition.--Effective beginning January 1, 2012, the manufacture of chlorine or caustic soda using mercury cells is prohibited in the United States. ``(c) Reporting.-- ``(1) In general.--Not later than April 1, 2007, and annually thereafter through April 1, 2012, the owner or operator of each chlor-alkali facility shall submit to the Administrator and the State in which the chlor-alkali facility is located a report that identifies-- ``(A) each type and quantity of mercury-containing hazardous waste and nonhazardous solid waste generated by the chlor-alkali facility during the preceding calendar year; ``(B) the mercury content of the wastes; ``(C) the manner in which each waste was managed, including the location of each offsite location to which the waste was transported for subsequent handling or management; ``(D) the volume of mercury released, intentionally or unintentionally, into the air or water by the chlor- alkali facility, including mercury released from emissions or vaporization; ``(E) the volume of mercury estimated to have accumulated in pipes and plant equipment of the chlor- alkali facility, including a description of-- ``(i) the applicable volume for each type of equipment; and ``(ii) methods of accumulation; and ``(F) the quantity and forms of mercury found in all products produced for sale by the chlor-alkali facility. ``(2) Avoidance of duplication.--To avoid duplication, the Administrator may permit the owner or operator of a facility described in paragraph (1) to combine and submit the report required under this subsection with any report required to be submitted by the owner or operator under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.). ``(d) Inventory.-- ``(1) In general.--For each chlor-alkali facility that ceases operations on or after July 1, 2008, not later than 1 year after the date of cessation of operations, the Administrator, in consultation with the State in which the facility is located, shall conduct a comprehensive mercury inventory covering the life and closure of the chlor-alkali facility, taking into the account-- ``(A) the total quantity of mercury purchased to start and operate the chlor-alkali facility; ``(B) the total quantity of mercury remaining in mercury cells and other equipment at the time of closure of the chlor-alkali facility; ``(C) the estimated quantity of mercury in hazardous waste, nonhazardous solid waste, and products generated at the chlor-alkali facility during the operational life of the chlor-alkali facility; and ``(D) the estimated aggregate mercury releases from the chlor-alkali facility into air and other environmental media. ``(2) Records and information.--In carrying out paragraph (1), the Administrator shall obtain mercury purchase records and such other information from each chlor-alkali facility as are necessary to determine, as accurately as practicable from available information, the magnitude and nature of mercury releases from the chlor-alkali facility into air and other environmental media. ``(e) Transfer to Storage.-- ``(1) Regulations.--Not later than July 1, 2008, the Administrator shall promulgate regulations establishing the terms and conditions necessary to facilitate the transfer and storage of mercury located at closed or closing chlor-alkali facilities, including the allocation of costs and potential liabilities of that transfer and storage. ``(2) Deadline for transfer.--Beginning on July 1, 2008, elemental mercury located at a closed or closing chlor-alkali facility that has ceased operations shall be transferred to a storage facility established by the Administrator in accordance with the regulations promulgated under paragraph (1). ``(f) Health Assessment.--Not later than July 1, 2009, for each chlor-alkali facility that continues to operate as of July 1, 2008, the Administrator, in coordination with the Administrator of the Agency for Toxic Substances and Disease Registry, shall conduct a health assessment of employees at the chlor-alkali facility. ``(g) Regulations.--In addition to regulations described in subsection (e)(1), the Administrator may promulgate such regulations, including the establishment of a reporting form for use in accordance with subparagraph (c), as are necessary to carry out this section.''. (b) Conforming Amendment.--The table of contents of the Toxic Substances Control Act (15 U.S.C. 2601 note) is amended by inserting after the item relating to section 6 the following: ``Sec. 6A. Use of mercury in chlorine and caustic soda manufacturing.''.

Missing Mercury in Manufacturing Monitoring and Mitigation Act - Declares that the United States should develop policies and programs that will reduce: (1) mercury use and emissions; (2) mercury releases from the reservoir of mercury currently in use or circulation; and (3) exposures to mercury, particularly exposures of women of childbearing age and young children. Amends the Toxic Substances Control Act to prohibit the manufacture of chlorine or caustic soda using mercury cells, effective January 1, 2012. Requires the owner or operator of each chlor-alkali facility to submit to the Environmental Protection Agency (EPA) Administrator and the state in which the facility is located an annual report for 2007-2012 concerning mercury waste, emissions, and content in products. Requires: (1) EPA to conduct a comprehensive mercury inventory covering the life and closure of chlor-alkali facilities that cease operations on or after July 1, 2008; (2) EPA to establish regulations to facilitate the transfer and storage of mercury located at closed facilities, including the allocation of costs and potential liabilities; and (3) beginning on July 1, 2008, the transfer of elemental mercury located at a closed facility that has ceased operations to a storage facility established by EPA in accordance with such regulations. Requires EPA, in coordination with the Adminstrator of the Agency for Toxic Substances and Disease Registry Administrator, by July 1, 2009, to conduct a health assessment of employees at chlor-alkali facilities that continue to operate as of July 1, 2008.

A bill to amend the Toxic Substances Control Act to phase out the use of mercury in the manufacture of chlorine and caustic soda, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Veterans Health Care Enhancement Act''. SEC. 2. COPAYMENTS FOR INDIAN VETERANS RECEIVING CERTAIN MEDICAL SERVICES. (a) Liability for Payment.--Section 222(a) of the Indian Health Care Improvement Act (25 U.S.C. 1621u(a)) is amended-- (1) by striking ``A patient who'' and inserting the following: ``(1) In general.--Subject to paragraph (2), a patient who''; and (2) by adding at the end the following: ``(2) Veterans affairs copayments.--The Service may pay, in accordance with section 405(d), the cost of a copayment assessed by the Department of Veterans Affairs to an eligible Indian veteran (as defined in section 405(d)(1)).''. (b) Sharing Arrangements With Federal Agencies.--Section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) Payments for Eligible Indian Veterans Receiving Medical Services at VA Facilities.-- ``(1) Definition of eligible indian veteran.--In this subsection, the term `eligible Indian veteran' means an Indian or Alaska Native veteran who receives any medical care or service that is-- ``(A) authorized on referral by the Service; and ``(B) administered at a facility of the Department of Veterans Affairs. ``(2) Payment by service.--Notwithstanding any other provision of law, the Service may cover the cost of any copayment assessed by the Department of Veterans Affairs to an eligible Indian veteran receiving services authorized under the Purchased/Referred Care program. ``(3) Authorization to accept funds.--Notwithstanding section 407(c) of this Act, section 2901(b) of the Patient Protection and Affordable Care Act (25 U.S.C. 1623(b)), or any other provision of law, the Secretary of Veterans Affairs may accept a payment from the Service under paragraph (2).''. (c) Memorandum of Understanding; Report.-- (1) Definitions.--In this subsection: (A) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (i) in the Senate-- (I) the Committee on Veterans' Affairs; and (II) the Committee on Indian Affairs; and (ii) in the House of Representatives-- (I) the Committee on Veterans' Affairs; and (II) the Committee on Natural Resources. (B) Beneficiary of the service.--The term ``beneficiary of the Service'' means an individual who is eligible for assistance from the Service. (C) Director.--The term ``Director'' means the Director of the Service. (D) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (E) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs. (F) Service.--The term ``Service'' means the Indian Health Service. (2) Memorandum of understanding.-- (A) In general.--Notwithstanding any other provision of law, except as provided in subparagraph (C), the Secretary and the Director shall enter into a memorandum of understanding, in consultation with Indian tribes to be impacted by the memorandum of understanding (on a national or regional basis), that authorizes the Director to pay to the Secretary any copayments owed to the Department of Veterans Affairs by veterans who are beneficiaries of the Service for services rendered by the Department of Veterans Affairs (including any services rendered under a contract with a non-Department health care provider) to those veterans pursuant to a referral from a facility of the Service under the Purchased/Referred Care program of the Service. (B) Factors for consideration.--In entering into a memorandum of understanding under subparagraph (A), the Secretary and the Director shall take into consideration any findings contained in the report under paragraph (3). (C) Exception.--The Secretary and the Director shall not be required to enter into a memorandum of understanding under subparagraph (A) if the Secretary and the Director jointly certify to the appropriate committees of Congress that such a memorandum of understanding would-- (i) decrease the quality of health care provided to veterans who are beneficiaries of the Service; (ii) impede the access of those veterans to health care; or (iii) substantially decrease the quality of, or access to, health care by individuals receiving health care from the Department of Veterans Affairs or beneficiaries of the Service. (3) Report.--Not later than 45 days after the date of enactment of this Act, the Secretary and the Director shall submit to the appropriate committees of Congress a report that describes-- (A) the number of veterans, disaggregated by State, who-- (i) are beneficiaries of the Service; and (ii) have received health care at a medical facility of the Department of Veterans Affairs; (B) the number of veterans, disaggregated by State and calendar year, who-- (i) are beneficiaries of the Service; and (ii) were referred to a medical facility of the Department of Veterans Affairs from a facility of the Service during the period-- (I) beginning on January 1, 2010; and (II) ending on December 31, 2015; and (C) an update regarding efforts of the Secretary and the Director to streamline health care for veterans who are beneficiaries of the Service and have received health care at a medical facility of the Department of Veterans Affairs and at a facility of the Service, including a description of-- (i) any changes to the provision of health care required under the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.); and (ii) any barriers to efficiently streamline the provision of health care to veterans who are beneficiaries of the Service.

. Tribal Veterans Health Care Enhancement Act (Sec. 2) This bill amends the Indian Health Care Improvement Act to allow the Indian Health Service (IHS) to pay copayments owed to the Department of Veterans Affairs (VA) by Indian veterans for services authorized under the Purchased/Referred Care program. The IHS and the VA, in consultation with impacted Indian tribes, must enter into a memorandum of understanding that authorizes the IHS to pay such copayments unless it would decrease the quality of, or access to, health care for individuals receiving care from the IHS or the VA. The IHS and the VA must report on veterans who are IHS beneficiaries and have received care from the VA.

Tribal Veterans Health Care Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Natural Gas Security and Consumer Protection Act''. SEC. 2. AUTHORIZATION FOR THE EXPORTATION OF NATURAL GAS. Section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)) is amended-- (1) by inserting before ``After six months from the date on which'' the following: ``(1) Authorization for the importation of natural gas.--''; (2) by striking ``export any natural gas from the United States to a foreign country or''; (3) by striking ``exportation or''; and (4) by adding at the end the following new paragraphs: ``(2) Authorization for the Exportation of Natural Gas.-- ``(A) Prohibition.--No person may export any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. ``(B) Issuance of orders.--The Secretary of Energy may issue an order authorizing a person to export natural gas from the United States to a foreign country, upon application, if the Secretary determines that the proposed exportation will be consistent with the public interest, in accordance with the regulations issued under paragraph (3)(B). The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate. ``(C) Timing.--No order may be issued by the Secretary of Energy under this paragraph prior to the date on which the Secretary issues final regulations under paragraph (3)(B). ``(3) Public Interest Determination.-- ``(A) NEPA review.--The Secretary of Energy shall issue a detailed statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) of the environmental impact of the issuance of orders under paragraph (2), including by conducting an analysis of the impacts of extraction of exported natural gas on the environment in communities where the natural gas is extracted. ``(B) Regulations.-- ``(i) Deadline.--Not later than 2 years after the date of enactment of this paragraph, the Secretary of Energy shall issue final regulations, after notice and public comment, for determining whether an export of natural gas from the United States to a foreign country is in the public interest for purposes of issuing an order under paragraph (2). ``(ii) Contents.--Regulations issued under this paragraph shall require the Secretary of Energy to determine, with respect to each application for export of natural gas from the United States to a foreign country, whether such export is in the public interest through-- ``(I) use of the latest available data on current and projected United States natural gas demands, production, and price; ``(II) consideration of the effects of such natural gas exports on-- ``(aa) household and business energy expenditures by electricity and natural gas consumers in the United States; ``(bb) the United States economy, jobs, and manufacturing, including such effects on wages, investment, and energy intensive and trade exposed industries, as determined by the Secretary; ``(cc) the energy security of the United States, including the ability of the United States to reduce its reliance on imported oil; ``(dd) the conservation of domestic natural gas supplies to meet the future energy needs of the United States; ``(ee) the potential for natural gas use in the transportation, industrial, and electricity sectors of the United States; ``(ff) the ability of the United States to reduce greenhouse gas emissions; ``(gg) the national security and foreign policy of the United States; ``(hh) domestic natural gas supply and availability, including such effects on pipelines and other infrastructure; ``(ii) the balance of trade of the United States; and ``(jj) other issues determined relevant by the Secretary; and ``(III) consideration of the detailed statement issued under subparagraph (A). ``(4) Exemptions.--Paragraph (2) does not apply with respect to any order authorizing the exportation of natural gas if the natural gas that would be exported as a result of the order is exported solely to meet a requirement imposed pursuant to section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702), section 5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)), or part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.). In such cases, the Secretary of Energy may issue such order upon application without modification or delay.''.

American Natural Gas Security and Consumer Protection Act - Amends the Natural Gas Act to prohibit any person from exporting any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy (DOE) authorizing such person to do so. Allows the Secretary to issue an order authorizing such exportation, upon application, if the Secretary determines that the proposed exportation will be consistent with the public interest. Requires the Secretary to issue an environmental impact statement (EIS) under the National Environmental Policy Act of 1969 on such an order, including by analyzing the impacts of extraction of exported natural gas on the environment in communities where the natural gas is extracted. Directs the Secretary to issue final regulations for determining whether an export of natural gas from the United States to a foreign country is in the public interest. Exempts any export authorization order from such EIS and public interest requirements if the natural gas would be exported solely to meet certain requirements of: (1) the International Emergency Economic Powers Act (regarding presidential foreign exchange transaction authorities), (2) the Trading with the Enemy Act (regarding such transaction authorities in wartime), or (3) the Energy Policy and Conservation Act (regarding the International Energy Program). Authorizes the Secretary to issue such an order upon application in such cases without modification or delay.

American Natural Gas Security and Consumer Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficiency Investment Act of 2001''. SEC. 2. CREDIT FOR CERTAIN ENERGY EFFICIENT PROPERTY IN RESIDENCES AND BUSINESSES. (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. CERTAIN ENERGY EFFICIENT PROPERTY IN RESIDENCES AND BUSINESSES. ``(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 25 percent of the amount paid or incurred by the taxpayer for qualified energy property placed in service or installed by the taxpayer during such taxable year. ``(b) Qualified Energy Property.--For purposes of this section, the term `qualified energy property' means any property-- ``(1) which is-- ``(A) an energy efficient building envelope component which is Energy Star qualified, and ``(B) any energy efficient heating or cooling equipment (including boilers) which is Energy Star qualified, ``(2) which, in the case of an individual, is installed in or on an existing residence-- ``(A) located in the United States, and ``(B) owned and used by the taxpayer as the taxpayer's principal residence at the time the property is placed in service or installed, ``(3) the original use of which commences with the taxpayer, and ``(4) which has a useful life of at least 5 years. ``(c) Other Definitions.--For purposes of this section-- ``(1) Building envelope component.--The term `building envelope component' shall have the same meaning as set forth in section 434.201 of title 10 of the Code of Federal Regulations. ``(2) Principal residence.--The term `principal residence' shall have the same meaning as when used in section 121. ``(3) Energy star qualified.--The term `Energy Star qualified' means property which-- ``(A) meets the guidelines, specifications, and performance levels of the Energy Star program jointly managed by the Environmental Protection Agency and the Department of Energy, including guidelines, specifications, and performance levels for the climate region in which a residence is located, and ``(B) displays the Energy Star label at the time the property is placed in service or installed. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E. ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Special Rules.--For purposes of this section: ``(1) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216(b)(2)) in a cooperative housing corporation (as defined in section 216(b)(1)), such individual shall be treated as having paid his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures paid or incurred for qualified energy property by such corporation, and such credit shall be allocated appropriately to such individual. ``(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 paid his proportionate share of expenditures paid or incurred for qualified energy property by such association, and such credit shall be allocated appropriately to such individual. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of section 528(c)(2) with respect to a condominium project of which substantially all of the units are used by individuals as residences. ``(3) Expenditures for labor included.--For purposes of this section, the amount paid or incurred by the taxpayer for qualified energy property shall also include expenditures for labor costs properly allocable to the onsite preparation, assembly, and installation of such property. ``(4) Allocation to nonbusiness use in certain cases.--In the case of an individual, if less than 80 percent of the use of qualified energy property placed in service or installed is for nonbusiness purposes, only that portion of the expenditure paid or incurred for such property which is properly allocable to use for nonbusiness purposes shall be eligible for the credit provided by this section. ``(f) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to a residence or other property, the basis of such residence or other property shall be reduced by the amount of the credit so allowed. ``(g) Applicability.--Subsection (a) shall apply to qualified energy property placed in service or installed on or after January 1, 2001.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of such Code (relating to general rule for adjustments to basis) 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) in the case of a residence or other property with respect to which a credit was allowed under section 30B, to the extent provided in section 30B(f).''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Certain energy efficient property in residences and businesses.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2001.

Energy Efficiency Investment Act of 2001 - Amends the Internal Revenue Code to allow a limited credit for qualified energy property (certain building envelope components or heating or cooling equipment) placed in service or installed in a U.S.-sited principal residence.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy efficient property placed in service or installed in an existing principal residence or property used by businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Financial Assistance Management Improvement Act of 1998''. SEC. 2. FINDINGS. The Congress finds that-- (1) there are over 600 different Federal financial assistance programs to implement domestic policy; (2) while the assistance described in paragraph (1) has been directed at critical problems, some Federal administrative requirements may be duplicative, burdensome or conflicting, thus impeding cost-effective delivery of services at the local level; (3) the Nation's State, local, and tribal governments and private, nonprofit organizations are dealing with increasingly complex problems which require the delivery and coordination of many kinds of services; and (4) streamlining and simplification of Federal financial assistance administrative procedures and reporting requirements will improve the delivery of services to the public. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) improve the effectiveness and performance of Federal financial assistance programs; (2) to simplify Federal financial assistance application and reporting requirements; (3) to improve the delivery of services to the public; and (4) to facilitate greater coordination among those responsible for delivering such services. SEC. 4. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (2) Federal agency.--The term ``Federal agency'' means any agency as defined under section 551(1) of title 5, United States Code. (3) Federal financial assistance.--The term ``Federal financial assistance'' has the same meaning as defined in section 7501(a)(5) of title 31, United States Code, under which Federal financial assistance is provided, directly or indirectly, to a non-Federal entity. (4) Local government.--The term ``local government'' means a political subdivision of a State that is a unit of general local government (as defined under section 7501(a)(11) of title 31, United States Code); (5) Non-federal entity.--The term ``non-Federal entity'' means a State, local government, or nonprofit organization. (6) Nonprofit organization.--The term ``nonprofit organization'' means any corporation, trust, association, cooperative, or other organization that-- (A) is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (B) is not organized primarily for profit; and (C) uses net proceeds to maintain, improve, or expand the operations of the organization. (7) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, and any instrumentality thereof, any multi-State, regional, or interstate entity which has governmental functions, and any Indian Tribal Government. (8) Tribal government.--The term ``tribal government'' means an Indian tribe, as that term is defined in section 7501(a)(9) of title 31, United States Code. (9) Uniform administrative rule.--The term ``uniform administrative rule'' means a government-wide uniform rule for any generally applicable requirement established to achieve national policy objectives that applies to multiple Federal financial assistance programs across Federal agencies. SEC. 5. DUTIES OF FEDERAL AGENCIES. (a) In General.--Not later than 18 months after the date of enactment of this Act, each Federal agency shall develop and implement a plan that-- (1) streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency; (2) demonstrates active participation in the interagency process under section 6(a)(2); (3) demonstrates appropriate agency use, or plans for use, of the common application and reporting system developed under section 6(a)(1); (4) designates a lead agency official for carrying out the responsibilities of the agency under this Act; (5) allows applicants to electronically apply for, and report on the use of, funds from the Federal financial assistance program administered by the agency; (6) ensures recipients of Federal financial assistance provide timely, complete, and high quality information in response to Federal reporting requirements; and (7) establishes specific annual goals and objectives to further the purposes of this Act and measure annual performance in achieving those goals and objectives, which may be done as part of the agency's annual planning responsibilities under the Government Performance and Results Act. (b) Extension.--If one or more agencies are unable to comply with the requirements of subsection (a), the Director shall report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives the reasons for noncompliance. After consultation with such committees, the Director may extend the period for plan development and implementation for each noncompliant agency for up to 12 months. (c) Comment and Consultation on Agency Plans.-- (1) Comment.--Each agency shall publish the plan developed under subsection (a) in the Federal Register and shall receive public comment of the plan through the Federal Register and other means (including electronic means). To the maximum extent practicable, each Federal agency shall hold public forums on the plan. (2) Consultation.--The lead official designated under subsection (a)(4) shall consult with representatives of non- Federal entities during development and implementation of the plan. Consultation with representatives of State, local, and tribal governments shall be in accordance with section 204 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534). (d) Submission of Plan.--Each Federal agency shall submit the plan developed under subsection (a) to the Director and Congress and report annually thereafter on the implementation of the plan and performance of the agency in meeting the goals and objectives specified under subsection (a)(7). Such report may be included as part of any of the general management reports required under law. SEC. 6. DUTIES OF THE DIRECTOR. (a) In General.--The Director, in consultation with agency heads, and representatives of non-Federal entities, shall direct, coordinate and assist Federal agencies in establishing: (1) A common application and reporting system, including-- (A) a common application or set of common applications, wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; (B) a common system, including electronic processes, wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; and (C) uniform administrative rules for Federal financial assistance programs across different Federal agencies. (2) An interagency process for addressing-- (A) ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities; (B) improved interagency and intergovernmental coordination of information collection and sharing of data pertaining to Federal financial assistance programs, including appropriate information sharing consistent with the Privacy Act of 1974; and (C) improvements in the timeliness, completeness, and quality of information received by Federal agencies from recipients of Federal financial assistance. (b) Lead Agency and Working Groups.--The Director may designate a lead agency to assist the Director in carrying out the responsibilities under this section. The Director may use interagency working groups to assist in carrying out such responsibilities. (c) Review of Plans and Reports.--Agencies shall submit to the Director, upon his request and for his review, information and other reporting regarding their implementation of this Act. (d) Exemptions.--The Director may exempt any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the Federal agency does not have a significant number of Federal financial assistance programs. The Director shall maintain a list of exempted agencies which will be available to the public through OMB's Internet site. SEC. 7. EVALUATION. (a) In General.--The Director (or the lead agency designated under section 6(b)) shall contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Not later than 4 years after the date of enactment of this Act, the evaluation shall be submitted to the lead agency, the Director, and Congress. The evaluation shall be performed with input from State, local, and tribal governments, and nonprofit organizations. (b) Contents.--The evaluation under subsection (a) shall-- (1) assess the effectiveness of this Act in meeting the purposes of this Act and make specific recommendations to further the implementation of this Act; (2) evaluate actual performance of each agency in achieving the goals and objectives stated in agency plans; (3) assess the level of coordination among the Director, Federal agencies, State, local, and tribal governments, and nonprofit organizations in implementing this Act. SEC. 8. COLLECTION OF INFORMATION. Nothing in this Act shall be construed to prevent the Director or any Federal agency from gathering, or to exempt any recipient of Federal financial assistance from providing, information that is required for review of the financial integrity or quality of services of an activity assisted by a Federal financial assistance program. SEC. 9. JUDICIAL REVIEW. There shall be no judicial review of compliance or noncompliance with any of the provisions of this Act. No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action. SEC. 10. STATUTORY REQUIREMENTS. Nothing in this Act shall be construed as a means to deviate from the statutory requirements relating to applicable Federal financial assistance programs. SEC. 11. EFFECTIVE DATE AND SUNSET. This Act shall take effect on the date of enactment of this Act and shall cease to be effective five years after such date of enactment. Passed the Senate October 12 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.

Federal Financial Assistance Management Improvement Act of 1998 - Directs each Federal agency to develop and implement a plan that, among other things, streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency. Requires each agency to publish the plan in the Federal Register, receive public comment, and hold public forums on the plan. Requires the designated lead agency official to consult with the representatives of non-Federal entities during plan development and implementation. Requires each Federal agency to submit the plan developed to the Director of the Office of Management and Budget (OMB) and the Congress and report annually thereafter on plan implementation and agency performance in meeting goals and objectives. Requires the Director to direct, coordinate and assist Federal agencies in establishing: (1) a common application and reporting system; and (2) an interagency process for addressing ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities. Permits the Director to designate a lead agency to assist him or her and use interagency working groups to assist in carrying out such responsibilities. Exempts any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs. Requires the Director to maintain a list of exempted agencies available to the public through OMB's Internet site. Requires the Director or lead agency to contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Requires the evaluation to be: (1) submitted to the lead agency, the Director, and the Congress; and (2) performed with input from State, local, and tribal governments and nonprofit organizations. Terminates this Act five years after enactment.

Federal Financial Assistance Management Improvement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supply Our Soldiers Act of 2011''. 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) the expiration date of such voucher, as designated by the Secretary of Defense. (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, for fiscal years 2012 through 2017, a sum determined by the Department of Defense to be equal to the expenses incurred by the Department in providing the benefits described in subsection (b)(3) for such fiscal years. Such sum shall be derived from amounts appropriated in each such fiscal for the Operation and Maintenance, Defense-wide, for the Office of the Secretary of Defense, and shall not to exceed $75 million for the total period beginning with fiscal year 2012 and ending with fiscal year 2017. (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 annual determination.--For each of the fiscal years 2012 through 2016, an annual determination of the amount necessary to correct any previous determination under this section during such fiscal year, and any transfer of amounts between the Postal Service and the Department of Defense based on that annual determination, shall be made not later than 6 months after the end of such fiscal year. (3) 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 fiscal year 2017. (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 period beginning on October 1, 2011, and ending on September 30, 2017.

Supply Our Soldiers Act of 2011 - Directs the Secretary of Defense (DOD) 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. Makes the benefits program applicable during FY2012-FY2017.

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 ``Child Custody Protection Act''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Offense.-- ``(1) Generally.--Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the minor resides, shall be fined under this title or imprisoned not more than one year, or both. ``(2) Definition.--For the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed on the minor, in a State other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides. ``(b) Exceptions.-- ``(1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. ``(2) A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. ``(c) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant reasonably believed, based on information the defendant obtained directly from a parent of the minor or other compelling facts, that before the minor obtained the abortion, the parental consent or notification, or judicial authorization took place that would have been required by the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the minor resides. ``(d) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action, unless the parent has committed an act of incest with the minor subject to subsection (a). ``(e) Definitions.--For the purposes of this section-- ``(1) a `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; ``(2) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by the law requiring parental involvement in the minor's abortion decision as a person to whom notification, or from whom consent, is required; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under the law requiring parental involvement in a minor's abortion decision; and ``(4) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States. ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to abortion ``Notwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that such minor obtain an abortion, shall be fined under this title or imprisoned not more than one year, or both.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new item: ``117A. Transportation of minors in circumvention of 2431''. certain laws relating to abortion. Passed the Senate July 25, 2006. Attest: Secretary. 109th CONGRESS 2d Session S. 403 _______________________________________________________________________ AN ACT To amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions.

Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor’s state of residence that requires parental involvement in the minor’s abortion decision). Makes an exception for an abortion necessary to safe the life of the minor. Protects from prosecution or civil liability the minor or the minor’s parents for violations of this Act. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion. Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action unless such parent committed an act of incest with the minor. Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis. Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion. Allows an exception if: (1) the physician complies with parental notification requirements in the physician’s state; (2) the physician is given documentation that a court in the minor’s state of residence has waived parental notification or otherwise authorized the minor’s abortion; (3) the minor provides a written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent and the physician notifies appropriate state officials of such abuse; (4) the abortion is necessary to save the life of the minor (written notice must be given to the minor's parent within 24 hours after the lifesaving abortion is performed): or (5) a person accompanying the minor provides documentation to the physician that such person is the parent of the minor.

A bill to amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions.

SECTION 1. CHANGE IN COMPOSITION AND OPERATION OF THE BOARD OF DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY. (a) In General.--The Tennessee Valley Authority Act of 1933 is amended by striking section 2 (16 U.S.C. 831a) and inserting the following: ``SEC. 2. BOARD OF DIRECTORS. ``(a) Membership.-- ``(1) Appointment.--The Board of Directors of the Corporation (referred to in this Act as the `Board') shall be appointed by the President by and with the advice and consent of the Senate. ``(2) Composition.--The Board shall be composed of 7 members, of whom-- ``(A) 1 member shall be a resident of Alabama; ``(B) 1 member shall be a resident of Georgia; ``(C) 1 member shall be a resident of Kentucky; ``(D) 1 member shall be a resident of Mississippi; ``(E) 1 member shall be a resident of North Carolina; ``(F) 1 member shall be a resident of Tennessee; and ``(G) 1 member shall be a resident of Virginia. ``(3) Qualifications.--To be eligible to be appointed as a member of the Board, an individual-- ``(A) shall be a citizen of the United States; ``(B) shall have no substantial direct financial interest in-- ``(i) any public-utility corporation engaged in the business of distributing and selling power to the public; or ``(ii) any business that may be adversely affected by the success of the Corporation as a producer of electric power; and ``(C) shall profess a belief in the feasibility and wisdom of this Act. ``(4) Chairperson.-- ``(A) In general.--The Board shall select a chairperson from among the members of the Board. ``(B) Duties.--The chairperson shall be the chief executive officer of the Corporation. ``(b) Terms.--Members of the Board shall be appointed for terms of 4 years, except that, of the members first appointed-- ``(A) 3 members shall be appointed for a term of 4 years; ``(B) 2 members shall be appointed for a term of 3 years; and ``(C) 2 members shall be appointed for a term of 2 years. ``(c) Vacancies.--A member appointed to fill a vacancy in the Board occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of that term. ``(d) Quorum.-- ``(1) In general.--Four members of the Board shall constitute a quorum for the transaction of business. ``(2) Minimum number of members.--A vacancy in the Board shall not impair the power of the Board to act, so long as there are 4 members in office. ``(e) Compensation of Members.-- ``(1) Non-federal employees.--Subject to paragraph (4), a member of the Board who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board. ``(2) Federal employees.--A member of the Board who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. ``(3) Travel Expenses.--A member of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Board. ``(4) Compensation of chairperson.-- ``(A) In general.--Except as provided in subparagraph (B), the Board may fix the compensation of the chairperson without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. ``(B) Maximum rate of pay.--The rate of pay for the chairperson may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.''. (b) Current Board Members.--A member of the Board of Directors of the Tennessee Valley Authority who was appointed before the date of enactment of this Act-- (1) may continue to serve as a member until the date on which the term of that member expires; and (2) may be reappointed if that member meets the residency requirements of section 2(a)(2) of the Tennessee Valley Authority Act of 1933 (as amended by subsection (a)).

Amends the Tennessee Valley Authority Act of 1933 to: (1) expand from 3 to 7 the membership of the Board of Directors; (2) grant permanent membership to the States of Alabama, Georgia, Kentucky, Mississippi; North Carolina, Tennessee, and Virginia; (3) confer chief executive officer status upon the chairperson selected from among board members; and (4) revise compensation guidelines.

A bill to amend the Tennessee Valley Authority Act of 1933 to modify provisions relating to the Board of Directors of the Tennessee Valley Authority, and for other purposes.

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Ready Employers Willing to Assist Reservists' Deployment Act of 2009'' or as the ``REWARD Act of 2009''. (b) Findings.--The Congress finds the following: (1) The Secretary of Defense presents Freedom Awards to employers who demonstrate exceptional understanding and support for employees who are deployed as members of the Ready Reserve and National Guard. (2) Since the Freedom Awards program was established in 1996, more than 100 employers have received the prestigous Freedom Award. 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. 45R. 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 this section, 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 employee'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, but only with respect to periods for which the taxpayer has paid such Ready Reserve- National Guard employee an amount not less than the active duty wage differential (if any) for such period.''. (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 ``45R(a),'' after ``45P(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 ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by inserting after paragraph (35) the following new paragraph: ``(36) in the case of an employer, the employer Ready Reserve-National Guard employee credit determined under section 45R(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 45Q the following new item: ``Sec. 45R. 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 45R(d) of the Internal Revenue Code of 1986, as added by this section) in taxable years beginning after December 31, 2008. (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 45R.

Ready Employers Willing to Assist Reservists' Deployment Act of 2009 or the REWARD Act of 2009 - 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 ``Elder Abuse Prevention Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) The number of older Americans 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 Americans 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 Americans 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 Americans 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 THE ELDERLY 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 a 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 is-- (1) convicted of a criminal sexual offense against a victim who is elderly, which shall include any such offense under State law for conduct that would constitute an offense under chapter 109A of title 18 had the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison; or (2) a sexually violent predator, as such term is defined in section 14071(a)(3) of title 18, United States Code. (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 Subpart 1 of Part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (3) Reallocation.--Amounts not allocated under a program referred to in paragraph (2) to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection. 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 is requested to-- (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 is requested to-- (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 is requested to 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 sent 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 of 2006 - Requires states to adopt laws and policies that prohibit parole for: (1) any individual who is convicted of a criminal sexual offense against a victim who is elderly; or (2) a sexually violent predator. Requests 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; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Hydropower Regulatory Efficiency Act of 2011''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Promoting small hydroelectric power projects. Sec. 4. Promoting conduit hydropower projects. Sec. 5. FERC authority to extend preliminary permit terms. Sec. 6. Promoting hydropower development at nonpowered dams and closed loop pumped storage projects. Sec. 7. DOE study of pumped storage and potential hydropower from conduits. Sec. 8. Report on memorandum of understanding on hydropower. Sec. 9. Authorization of appropriations. SEC. 2. FINDINGS. Congress finds that-- (1) the hydropower industry currently employs approximately 300,000 workers across the United States; (2) hydropower is the largest source of clean, renewable electricity in the United States; (3) as of the date of enactment of this Act, hydropower resources, including pumped storage facilities, provide-- (A) nearly 7 percent of the electricity generated in the United States; and (B) approximately 100,000 megawatts of electric capacity in the United States; (4) only 3 percent of the 80,000 dams in the United States generate electricity, so there is substantial potential for adding hydropower generation to nonpowered dams; and (5) by utilizing currently untapped resources, the United States could add approximately 60,000 megawatts of new hydropower capacity by 2025, which could create 700,000 new direct jobs over the next 14 years. SEC. 3. PROMOTING SMALL HYDROELECTRIC POWER PROJECTS. Subsection (d) of section 405 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2705) is amended by striking ``5,000'' and inserting ``10,000''. SEC. 4. PROMOTING CONDUIT HYDROPOWER PROJECTS. (a) Applicability of, and Exemption From, Licensing Requirements.-- Section 30 of the Federal Power Act (16 U.S.C. 823a) is amended-- (1) by striking subsection (b); (2) by redesignating subsection (a) as subsection (b); (3) by inserting before subsection (b), as redesignated by paragraph (2) of this subsection, the following: ``(a)(1) A facility described in this paragraph shall not be required to be licensed under this part. A facility described in this paragraph is a facility that-- ``(A) is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non- federally owned conduit; ``(B) is located on non-Federal lands or Federal lands; ``(C) has an installed capacity that does not exceed 5 megawatts; and ``(D) on or before the date of enactment of the Hydropower Regulatory Efficiency Act of 2011, is not licensed under, or exempted from the license requirements contained in, this part. ``(2) For purposes of this section, the term `conduit' means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.''; (4) in subsection (b), as redesignated by paragraph (2) of this subsection-- (A) in the matter preceding paragraph (1), by striking ``(b) or''; (B) in paragraph (1), by striking ``, and'' and inserting ``or Federal lands;''; (C) in paragraph (2), by striking ``manmade conduit, which is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.'' and inserting ``conduit; and''; and (D) by adding at the end the following new paragraph: ``(3) has an installed capacity that does not exceed 40 megawatts.''; (5) in subsection (c), by striking ``subsection (a)'' and inserting ``subsection (b)''; and (6) in subsection (d), by striking ``subsection (a)'' and inserting ``subsection (b)''. (b) Conforming Amendment.--Subsection (d) of section 405 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2705), as amended, is further amended by striking ``subsection (a) of such section 30'' and inserting ``subsection (b) of such section 30''. SEC. 5. FERC AUTHORITY TO EXTEND PRELIMINARY PERMIT TERMS. Section 5 of the Federal Power Act (16 U.S.C. 798) is amended-- (1) by designating the first, second, and third sentences as subsections (a), (c), and (d), respectively; and (2) by inserting after subsection (a) (as so designated) the following: ``(b) Extension.--The Commission may extend the term of a preliminary permit once for not more than 2 additional years if the Commission finds that the permittee has carried out activities under the permit in good faith and with reasonable diligence.''. SEC. 6. PROMOTING HYDROPOWER DEVELOPMENT AT NONPOWERED DAMS AND CLOSED LOOP PUMPED STORAGE PROJECTS. (a) In General.--To improve the regulatory process and reduce delays and costs for hydropower development at nonpowered dams and closed loop pumped storage projects, the Federal Energy Regulatory Commission (referred to in this section as the ``Commission'') shall investigate the feasibility of the issuance of a license for hydropower development at nonpowered dams and closed loop pumped storage projects in a 2-year period (referred to in this section as a ``2-year process''). Such a 2-year process shall include any prefiling licensing process of the Commission. (b) Workshops and Pilots.--The Commission shall-- (1) not later than 60 days after the date of enactment of this Act, hold an initial workshop to solicit public comment and recommendations on how to implement a 2-year process; (2) develop criteria for identifying projects featuring hydropower development at nonpowered dams and closed loop pumped storage projects that may be appropriate for licensing within a 2-year process; (3) not later than 180 days after the date of enactment of this Act, develop and implement pilot projects to test a 2-year process, if practicable; and (4) not later than 3 years after the date of implementation of the final pilot project testing a 2-year process, hold a final workshop to solicit public comment on the effectiveness of each tested 2-year process. (c) Memorandum of Understanding.--The Commission shall, to the extent practicable, enter into a memorandum of understanding with any applicable Federal or State agency to implement a pilot project described in subsection (b). (d) Reports.-- (1) Pilot projects not implemented.--If the Commission determines that no pilot project described in subsection (b) is practicable because no 2-year process is practicable, not later than 240 days after the date of enactment of this Act, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that-- (A) describes the public comments received as part of the initial workshop held under subsection (b)(1); and (B) identifies the process, legal, environmental, economic, and other issues that justify the determination of the Commission that no 2-year process is practicable, with recommendations on how Congress may address or remedy the identified issues. (2) Pilot projects implemented.--If the Commission develops and implements pilot projects involving a 2-year process, not later than 60 days after the date of completion of the final workshop held under subsection (b)(4), the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that-- (A) describes the outcomes of the pilot projects; (B) describes the public comments from the final workshop on the effectiveness of each tested 2-year process; and (C)(i) outlines how the Commission will adopt policies under existing law (including regulations) that result in a 2-year process; (ii) outlines how the Commission will issue new regulations to adopt a 2-year process; or (iii) identifies the process, legal, environmental, economic, and other issues that justify a determination of the Commission that no 2-year process is practicable, with recommendations on how Congress may address or remedy the identified issues. SEC. 7. DOE STUDY OF PUMPED STORAGE AND POTENTIAL HYDROPOWER FROM CONDUITS. (a) In General.--The Secretary of Energy shall conduct a study-- (1) of the potential megawatts of hydropower that may be obtained from conduits (as defined by the Secretary) in the United States; and (2) of land, including identification of land, that is well-suited for pumped storage sites and is located near existing or potential sites of intermittent renewable energy resource development, such as wind farms. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study conducted under subsection (a), including any recommendations. SEC. 8. REPORT ON MEMORANDUM OF UNDERSTANDING ON HYDROPOWER. Not later than 180 days after the date of enactment of this Act, the President shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department of Energy and other Federal agencies to carry out the memorandum of understanding on hydropower entered into on March 24, 2010, with particular emphasis on actions taken by the agencies to work together and investigate ways to efficiently and responsibly facilitate the Federal permitting process for Federal and non-Federal hydropower projects at Federal facilities, within existing authority. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 to carry out this Act and the amendments made by this Act, of which not more than $1,000,000 shall be appropriated to the Department of Energy. (b) Offset.--Section 422(f) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17082(f)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); (2) in paragraph (3), by striking ``2012; and'' and inserting ``2012;''; (3) by inserting after paragraph (3) the following paragraph: ``(4) $145,000,000 for fiscal year 2013; and''; and (4) in paragraph (5), as redesignated by paragraph (1) of this subsection, by striking ``2013'' and inserting ``2014''.

Hydropower Regulatory Efficiency Act of 2011 - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to increase from 5,000 to 10,000 kilowatts the size of small hydroelectric power projects which the Federal Energy Regulatory Commission (FERC) may exempt from its license requirements. Amends the Federal Power Act to revise the limitation on the maximum installation capacity of conduit hydroelectric facilities that are eligible for an exemption from licensing requirements. Waives license requirements for any conduit hydroelectric facility that: (1) uses only the hydroelectric potential of a non-federally owned conduit, (2) has an installed capacity that does not exceed 5 megawatts, and (3) is not currently licensed or exempted from license requirements. Redefines "conduit" to specify any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. Authorizes FERC to: (1) grant an exemption from license requirements only to conduit hydroelectric facilities on non-federal land that have an installed capacity not exceeding 40 megawatts, and (2) extend the term of a preliminary permit once for up to 2 additional years if it finds that the permittee has carried out activities in good faith and with reasonable diligence. Directs FERC to: (1) investigate the feasibility of the issuance of a license for hydropower development at nonpowered dams and closed loop pumped storage projects during a two-year period, and (2) hold workshops and develop hydropower pilot projects. Directs the Secretary of Energy (DOE) to study: (1) the potential megawatts of hydropower that may be obtained from U.S. conduits; and (2) land well-suited for pumped storage sites and located near existing or potential sites of intermittent renewable resource development, such as wind farms. Directs the President to report to certain congressional committees on actions taken by DOE to implement the memorandum of understanding on hydropower entered into on March 24, 2010.

To improve hydropower, and for other purposes.

PROVIDING FOR BALANCED BUDGETS. (a) Adoption of Budget Resolution.--Each House of Congress shall adopt a concurrent resolution on the budget for a fiscal year which provides that, for each fiscal year for which a budget is provided under the resolution (beginning not later than with the budget for fiscal year 2025)-- (1) total outlays do not exceed total receipts; and (2) 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. (b) Certification by Congressional Budget Office.--Upon the adoption by a House of Congress of a concurrent resolution on the budget for a fiscal year, the Director of the Congressional Budget Office shall transmit 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 met the requirements of subsection (a) with respect to the resolution. (c) Effective Date.--This section shall apply with respect to the concurrent resolution on the budget for fiscal year 2016 and each succeeding fiscal year. SEC. 3. EFFECT OF FAILURE TO ADOPT RESOLUTION. (a) Rule for Fiscal Years 2016 and 2017.-- (1) Fiscal year 2016.-- (A) Holding salaries in escrow.--If the Director does not certify that a House of Congress has met the requirements of section 2(a) with respect to fiscal year 2016 before April 16, 2015, 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, 2015, and ends on the earlier of-- (i) the date on which the Director certifies that the House of Congress has met the requirements of section 2(a) with respect to fiscal year 2016; or (ii) the last day of the One Hundred Fourteenth Congress. (2) Fiscal year 2017.-- (A) Holding salaries in escrow.--If the Director does not certify that a House of Congress has met the requirements of section 2(a) with respect to fiscal year 2017 before April 16, 2016, 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, 2016, and ends on the earlier of-- (i) the date on which the Director certifies that the House of Congress has met the requirements of section 2(a) with respect to fiscal year 2017; or (ii) the last day of the One Hundred Fourteenth 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 article of 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 Fourteenth 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. (b) Rule for Fiscal Year 2018 and Subsequent Fiscal Years.--If the Director of the Congressional Budget Office does not certify that a House of Congress has met the requirements of section 2(a) with respect to fiscal year 2018, 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. (c) Definitions.--In this section-- (1) the term ``Director'' means the Director of the Congressional Budget Office; and (2) the term ``Member'' includes a Delegate or Resident Commissioner to Congress. SEC. 4. 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 Requires each house of Congress to adopt a concurrent budget resolution for a fiscal year which provides that, for each fiscal year for which a budget is provided under the resolution (beginning by FY2025), total outlays do not exceed total receipts and are not more than 18% of the gross domestic product for such fiscal year. Requires the Director of the Congressional Budget Office (CBO), upon the adoption by a chamber of a concurrent budget resolution for a fiscal year, to transmit 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 chamber has met the requirements of this Act with respect to the resolution. Requires the appropriate payroll administrator of each chamber to deposit in an escrow account all mandatory payments for compensation of Members of Congress serving in that chamber if CBO does not certify that it has adopted a concurrent budget resolution for FY2016 before April 16, 2015. Requires deposits to begin on such date and to be released to appropriate Members on the earlier of: the day on which CBO certifies that the chamber has met the requirements of this Act with respect to FY2016, or the last day of the 114th Congress. Sets forth the same requirements for FY2017 if CBO does not certify that a chamber has adopted a concurrent budget resolution for FY2017 before April 16, 2016. 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; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Guam World War II Loyalty Recognition Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Recognition of the suffering and loyalty of the residents of Guam. Sec. 3. Payments for Guam World War II claims. Sec. 4. Adjudication. Sec. 5. Grants program to memorialize the occupation of Guam during World War II. Sec. 6. Authorization of appropriations. SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF GUAM. (a) Recognition of the Suffering of the Residents of Guam.--The United States recognizes that, as described by the Guam War Claims Review Commission, the residents of Guam, on account of their United States nationality, suffered unspeakable harm as a result of the occupation of Guam by Imperial Japanese military forces during World War II, by being subjected to death, rape, severe personal injury, personal injury, forced labor, forced march, or internment. (b) Recognition of the Loyalty of the Residents of Guam.--The United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States of America, as demonstrated by the countless acts of courage they performed despite the threat of death or great bodily harm they faced at the hands of the Imperial Japanese military forces that occupied Guam during World War II. SEC. 3. PAYMENTS FOR GUAM WORLD WAR II CLAIMS. (a) Payments for Death, Personal Injury, Forced Labor, Forced March, and Internment.--Subject to section 6(a), after receipt of certification pursuant to section 4(b)(8) and in accordance with the provisions of this Act, the Secretary of the Treasury shall make payments as follows: (1) Residents injured.--The Secretary shall pay compensable Guam victims who are not deceased before any payments are made to individuals described in paragraphs (2) and (3) as follows: (A) If the victim has suffered an injury described in subsection (c)(2)(A), $15,000. (B) If the victim is not described in subparagraph (A) but has suffered an injury described in subsection (c)(2)(B), $12,000. (C) If the victim is not described in subparagraph (A) or (B) but has suffered an injury described in subsection (c)(2)(C), $10,000. (2) Survivors of residents who died in war.--In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to eligible survivors of the decedent as specified in subsection (b). The Secretary shall make payments under this paragraph after payments are made under paragraph (1) and before payments are made under paragraph (3). (3) Survivors of deceased injured residents.--In the case of a compensable Guam victim who is deceased, the Secretary shall pay $7,000 for distribution to eligible survivors of the victim as specified in subsection (b). The Secretary shall make payments under this paragraph after payments are made under paragraphs (1) and (2). (b) Distribution of Survivor Payments.--Payments under paragraph (2) or (3) of subsection (a) to eligible survivors of an individual who is a compensable Guam decedent or a compensable Guam victim who is deceased shall be made as follows: (1) If there is living a spouse of the individual, but no child of the individual, all of the payment shall be made to such spouse. (2) If there is living a spouse of the individual and one or more children of the individual, one-half of the payment shall be made to the spouse and the other half to the child (or to the children in equal shares). (3) If there is no living spouse of the individual, but there are one or more children of the individual alive, all of the payment shall be made to such child (or to such children in equal shares). (4) If there is no living spouse or child of the individual but there is a living parent (or parents) of the individual, all of the payment shall be made to the parents (or to the parents in equal shares). (5) If there is no such living spouse, child, or parent, no payment shall be made. (c) Definitions.--For purposes of this Act: (1) Compensable guam decedent.--The term ``compensable Guam decedent'' means an individual determined under section 4(a)(1) to have been a resident of Guam who died or was killed as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, and whose death would have been compensable under the Guam Meritorious Claims Act of 1945 (Public Law 79-224) if a timely claim had been filed under the terms of such Act. (2) Compensable guam victim.--The term ``compensable Guam victim'' means an individual determined under section 4(a)(1) to have suffered, as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, any of the following: (A) Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis). (B) Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns). (C) Forced march, internment, or hiding to evade internment. (3) Definitions of severe personal injuries and personal injuries.--The Foreign Claims Settlement Commission shall promulgate regulations to specify injuries that constitute a severe personal injury or a personal injury for purposes of subparagraphs (A) and (B), respectively, of paragraph (2). SEC. 4. ADJUDICATION. (a) Authority of Foreign Claims Settlement Commission.-- (1) In general.--The Foreign Claims Settlement Commission is authorized to adjudicate claims and determine eligibility for payments under section 3. (2) Rules and regulations.--The chairman of the Foreign Claims Settlement Commission shall prescribe such rules and regulations as may be necessary to enable it to carry out its functions under this Act. Such rules and regulations shall be published in the Federal Register. (b) Claims Submitted for Payments.-- (1) Submittal of claim.--For purposes of subsection (a)(1) and subject to paragraph (2), the Foreign Claims Settlement Commission may not determine an individual is eligible for a payment under section 3 unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies. (2) Filing period for claims and notice.--All claims for a payment under section 3 shall be filed within one year after the Foreign Claims Settlement Commission publishes public notice of the filing period in the Federal Register. The Foreign Claims Settlement Commission shall provide for the notice required under the previous sentence not later than 180 days after the date of the enactment of this Act. In addition, the Commission shall cause to be publicized the public notice of the deadline for filing claims in newspaper, radio, and television media on Guam. (3) Adjudicatory decisions.--The decision of the Foreign Claims Settlement Commission on each claim shall be by majority vote, shall be in writing, and shall state the reasons for the approval or denial of the claim. If approved, the decision shall also state the amount of the payment awarded and the distribution, if any, to be made of the payment. (4) Deductions in payment.--The Foreign Claims Settlement Commission shall deduct, from potential payments, amounts previously paid under the Guam Meritorious Claims Act of 1945 (Public Law 79-224). (5) Interest.--No interest shall be paid on payments awarded by the Foreign Claims Settlement Commission. (6) Remuneration prohibited.--No remuneration on account of representational services rendered on behalf of any claimant in connection with any claim filed with the Foreign Claims Settlement Commission under this Act shall exceed one percent of the total amount paid pursuant to any payment certified under the provisions of this Act on account of such claim. Any agreement to the contrary shall be unlawful and void. Whoever demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section shall be fined not more than $5,000 or imprisoned not more than 12 months, or both. (7) Appeals and finality.--Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to the Commission, and upon rehearing, the decision in each claim shall be final, and not subject to further review by any court or agency. (8) Certifications for payment.--After a decision approving a claim becomes final, the chairman of the Foreign Claims Settlement Commission shall certify it to the Secretary of the Treasury for authorization of a payment under section 3. (9) Treatment of affidavits.--For purposes of section 3 and subject to paragraph (2), the Foreign Claims Settlement Commission shall treat a claim that is accompanied by an affidavit of an individual that attests to all of the material facts required for establishing eligibility of such individual for payment under such section as establishing a prima facie case of the individual's eligibility for such payment without the need for further documentation, except as the Commission may otherwise require. Such material facts shall include, with respect to a claim under paragraph (2) or (3) of section 3(a), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought. (10) Release of related claims.--Acceptance of payment under section 3 by an individual for a claim related to a compensable Guam decedent or a compensable Guam victim shall be in full satisfaction of all claims related to such decedent or victim, respectively, arising under the Guam Meritorious Claims Act of 1945 (Public Law 79-224), the implementing regulations issued by the United States Navy pursuant thereto, or this Act. (11) Penalty for false claims.--The provisions of section 1001 of title 18 of the United States Code (relating to criminal penalties for false statements) apply to claims submitted under this subsection. SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING WORLD WAR II. (a) Establishment.--Subject to section 6(b) and in accordance with this section, the Secretary of the Interior shall establish a grants program under which the Secretary shall award grants for research, educational, and media activities that memorialize the events surrounding the occupation of Guam during World War II, honor the loyalty of the people of Guam during such occupation, or both, for purposes of appropriately illuminating and interpreting the causes and circumstances of such occupation and other similar occupations during a war. (b) Eligibility.--The Secretary of the Interior may not award to a person a grant under subsection (a) unless such person submits an application to the Secretary for such grant, in such time, manner, and form and containing such information as the Secretary specifies. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Guam World War II Claims Payments and Adjudication.--For purposes of carrying out sections 3 and 4, there are authorized to be appropriated $126,000,000, to remain available for obligation until September 30, 2013, to the Foreign Claims Settlement Commission. Not more than 5 percent of funds made available under this subsection shall be used for administrative costs. (b) Guam World War II Grants Program.--For purposes of carrying out section 5, there are authorized to be appropriated $5,000,000, to remain available for obligation until September 30, 2013. Passed the House of Representatives February 23, 2009. Attest: LORRAINE C. MILLER, Clerk.

Guam World War II Loyalty Recognition Act - (Sec. 2) Recognizes the suffering and the loyalty of the people of Guam during the Japanese occupation of Guam in World War II. (Sec. 3) Directs the Secretary of the Treasury to make specified payments to: (1) living Guam residents who were raped, injured, interned, or subjected to forced labor or marches resulting from, or incident to, such occupation and subsequent liberation; and (2) survivors of compensable residents who died in war and survivors of compensable injured residents (such payments to be made after payments have been made to surviving Guam residents). Defines "compensable Guam decedent" as a Guam resident who died or was killed as a result of the attack and occupation of Guam by Japanese military forces during World War II, or incident to Guam's liberation by U.S. military forces, and whose death would have been compensable under the Guam Meritorious Claims Act of 1945 if a timely claim had been filed. Defines "compensable Guam victim" as an individual who, as a result of the attack and occupation of Guam by Japanese military forces during World War II or incident to the liberation of Guam by U.S. military forces, suffered any of the following: (1) rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis); (2) forced labor or personal injury (such as disfigurement, scarring, or burns); or (3) forced march, internment, or hiding to evade internment. (Sec. 4) Directs the Foreign Claims Settlement Commission to specify injuries that would constitute a severe personal injury or a personal injury. Authorizes the Commission to adjudicate claims and determine payment eligibility. Requires: (1) claims to be filed within one year after the Commission publishes public notice of the filing period in the Federal Register; and (2) the Commission to make filing period information available to the public through the media in Guam. Subjects false claims to criminal penalties. (Sec. 5) Directs the Secretary of the Interior to establish a grant program for research, educational, and media activities that memorialize the events surrounding the World War II occupation of Guam or honor the loyalty of the people of Guam during the occupation, or both. (Sec. 6) Authorizes appropriations, which shall remain available for obligation until September 30, 2013, for: (1) Guam World War II claims payments and adjudication; and (2) the Guam World War II memorial grant program.

To implement the recommendations of the Guam War Claims Review Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Old Man of the Mountain Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) Formed by God and glaciers, five different ledges atop a granite cliff created the Old Man of the Mountain whose flinty visage has long represented the Granite State's independence and proud traditions. (2) For some 10,000 years, the Old Man of the Mountain, from his lofty perch, did steadfastly defy the forces of gravity and nature that bring all things down. (3) The Old Man of the Mountain's rugged profile delighted all who saw it, as it serves as a symbol of New Hampshire's stony and unyielding independence and represents New Hampshire's love of liberty and is deeply revered by all Granite Staters. (4) The rocky ledges that formed the Old Man of the Mountain gave way and tumbled down the slopes of Cannon Mountain under a veil of fog and cloud sometime in the first few hours of May 3, 2003, forever changing the landscape that has long served as a New Hampshire state symbol. (5) The importance of the ``Great Stone Face'' as a symbol of New Hampshire was eloquently noted by Statesman Daniel Webster. (6) A commemorative coin would immortalize the watchful gaze of the Old Man, bringing both national and international attention to the lasting legacy of the Old Man of the Mountain as well as helping to ease the loss felt by all New Hampshire residents. (7) The proceeds from a surcharge on the sale of each commemorative coin will assist the financing of a suitable memorial to the oldest and proudest member of the New Hampshire family, the Old Man of the Mountain. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 350,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the Old Man of the Mountain, the granite symbol of New Hampshire's fierce independence. (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 ``2008''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', ``E Pluribus Unum'', and ``Live Free or Die''. (3) Numismatic design considerations.--At least 1 of the following numismatic design features shall be used on the coins minted under this Act: (A) Reverse proofing of the coin. (B) Raised lettering on the edge of the coin. (C) Such other unique numismatic design feature as the Secretary may determine to be appropriate. (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 Old Man of the Mountain Revitalization Fund, Inc.; and (2) reviewed by the Citizens Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2008. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2008. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) $35 per coin for the $5 coin. (2) $10 per coin for the $1 coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Old Man of the Mountain Revitalization Fund, Inc., to be used for the objects and purposes of such Fund. (c) Audits.--The Old Man of the Mountain Revitalization Fund, Inc., shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Fund under subsection (b).

Old Man of the Mountain Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins emblematic of the Old Man of the Mountain, the granite symbol of New Hampshire's fierce independence. States that no coins may be minted under this Act after December 31, 2008. Requires all surcharges received from such coin sales to be paid by the Secretary to the Old Man of the Mountain Revitalization Fund, Inc., to be used for the objects and purposes of such Fund.

To require the Secretary of the Treasury to mint coins in commemoration of the legacy of the Old Man of the Mountain, the symbol of New Hampshire that passed on to its granite roots in the dawn of May, 2003.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anaktuvuk Pass Land Exchange and Wilderness Redesignation Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (a) On December 2, 1980, the Alaska National Interest Lands Conservation Act (94 Stat. 2371) established Gates of the Arctic National Park and Preserve and Gates of the Arctic Wilderness. The village of Anaktuvuk Pass, located in the highlands of the central Brooks Range, is virtually surrounded by these national park and wilderness lands and is the only village located within the boundary of a National Park System unit in Alaska. (b) Unlike most other Alaskan Native communities, the village of Anaktuvuk Pass is not located on a major river, lake, or coastline that can be used as a means of access. The residents of Anaktuvuk Pass have relied increasingly on snow machines in winter and all-terrain vehicles in summer as their primary means of access to pursue caribou and other subsistence resources. (c) In a 1983 land exchange agreement, linear easements were reserved by the Inupiat Eskimo people for use of all- terrain vehicles across certain national park lands, mostly along stream and river banks. These linear easements proved unsatisfactory, because they provided inadequate access to subsistence resources while causing excessive environmental impact from concentrated use. (d) The National Park Service and the Nunamiut Corporation initiated discussions in 1985 to address concerns over the use of all-terrain vehicles on park and wilderness land. Those discussions resulted in an agreement, originally executed in 1992 and thereafter amended in 1993 and 1994, among the National Park Service, the Nunamiut Corporation, the City of Anaktuvuk Pass, and the Arctic Slope Regional Corporation. Full effectuation of this agreement, as amended, requires ratification by the Congress. SEC. 3. RATIFICATION OF AGREEMENT. (a) Ratification.-- (1) In general.--The terms, conditions, procedures, covenants, reservations and other provisions set forth in the document entitled ``Donation, Exchange of Lands and Interests in Lands and Wilderness Redesignation Agreement Among Arctic Slope Regional Corporation, Nunamiut Corporation, City of Anaktuvuk Pass and the United States of America'' (hereinafter referred to in this Act as ``the Agreement''), executed by the parties on December 17, 1992, as amended, are hereby incorporated in this Act, are ratified and confirmed, and set forth the obligations and commitments of the United States, Arctic Slope Regional Corporation, Nunamiut Corporation and the City of Anaktuvuk Pass, as a matter of Federal law. (2) Land acquisition.--Lands acquired by the United States pursuant to the Agreement shall be administered by the Secretary of the Interior (hereinafter referred to as the ``Secretary'') as part of the Gates of the Arctic National Park and Preserve, subject to the laws and regulations applicable thereto. (b) Maps.--The maps set forth as Exhibits C1, C2, and D through I to the Agreement depict the lands subject to the conveyances, retention of surface access rights, access easements and all-terrain vehicle easements. These lands are depicted in greater detail on a map entitled ``Land Exchange Actions, Proposed Anaktuvuk Pass Land Exchange and Wilderness Redesignation, Gates of the Arctic National Park and Preserve'', Map No. 185/80,039, dated April 1994, and on file at the Alaska Regional Office of the National Park Service and the offices of Gates of the Arctic National Park and Preserve in Fairbanks, Alaska. Written legal descriptions of these lands shall be prepared and made available in the above offices. In case of any discrepancies, Map No. 185/80,039, shall be controlling. SEC. 4. NATIONAL PARK SYSTEM WILDERNESS. (a) Redesignation.--Section 701(2) of the Alaska National Interest Lands Conservation Act (94 Stat. 2371, 2417) establishing the Gates of the Arctic Wilderness is hereby amended with the addition of approximately fifty-six thousand eight hundred and twenty-five acres as wilderness and the rescission of approximately seventy-three thousand nine hundred and ninety-three acres as wilderness, thus revising the Gates of the Arctic Wilderness to approximately seven million thirty- four thousand eight hundred and thirty-two acres. (b) Maps.--The lands redesignated in subsection (a) are depicted on a map entitled ``Wilderness Actions, Proposed Anaktuvuk Pass Land Exchange and Wilderness Redesignation, Gates of the Arctic National Park and Preserve'', Map No. 185/80,040, dated April 1994 and on file at the Alaska Regional Office of the National Park Service and the office of Gates of the Arctic National Park and Preserve in Fairbanks, Alaska. SEC. 5. CONFORMANCE WITH OTHER LAW. (a) Alaska Native Claims Settlement Act.--All of the lands, or interests therein, conveyed to and received by Arctic Slope Regional Corporation or Nunamiut Corporation pursuant to the Agreement shall be deemed conveyed and received pursuant to exchanges under section 22(f) of the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, 1621(f)). All of the lands or interests in lands conveyed pursuant to the Agreement shall be conveyed subject to valid existing rights. (b) Alaska National Interest Lands Conservation Act.--Nothing in this Act or in the Agreement shall be construed to enlarge or diminish the rights, privileges or obligations of any person, except to the extent specifically set forth in this Act or the Agreement, including specifically the preference for subsistence uses and access to subsistence resources provided under title VIII of the Alaska National Interest Lands Conservation Act, as amended (94 Stat. 2371, 2422).

Anaktuvuk Pass Land Exchange and Wilderness Redesignation Act of 1994 - Ratifies and confirms the agreement between the United States, the Arctic Slope Regional Corporation, the Nunamiut Corporation, and the city of Anaktuvuk Pass executed on December 17, 1992. Requires the lands acquired by the United States pursuant to such Agreement to be administered by the Secretary of the Interior as part of the Gates of the Arctic National Park and Preserve. Amends the Alaska National Interest Lands Conservation Act to provide for the addition and the rescission of lands within the Gates of the Arctic Wilderness.

Anaktuvuk Pass Land Exchange and Wilderness Redesignation Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nevada Native Nations Land Act''. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR CERTAIN INDIAN TRIBES. (a) Conveyance of Land To Be Held in Trust for the Fort McDermitt Paiute and Shoshone Tribe.-- (1) Definition of map.--In this subsection, the term ``map'' means the map entitled ``Fort McDermitt Indian Reservation Expansion Act'', dated February 21, 2013, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Fort McDermitt Paiute and Shoshone Tribe; and (B) shall be part of the reservation of the Fort McDermitt Paiute and Shoshone Tribe. (3) Description of land.--The land referred to in paragraph (2) is the approximately 19,094 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``Reservation Expansion Lands''. (b) Conveyance of Land To Be Held in Trust for the Shoshone Paiute Tribes.-- (1) Definition of map.--In this subsection, the term ``map'' means the map entitled ``Mountain City Administrative Site Proposed Acquisition'', dated July 29, 2013, and on file and available for public inspection in the appropriate offices of the Forest Service. (2) Conveyance of land.--Subject to valid existing rights and paragraph (4), all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation; and (B) shall be part of the reservation of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation. (3) Description of land.--The land referred to in paragraph (2) is the approximately 82 acres of land administered by the Forest Service as generally depicted on the map as ``Proposed Acquisition Site''. (4) Condition on conveyance.--The conveyance under paragraph (2) shall be subject to the reservation of an easement on the conveyed land for a road to provide access to adjacent National Forest System land for use by the Forest Service for administrative purposes. (5) Facilities and improvements.--The Secretary of Agriculture (acting through the Chief of the Forest Service) shall convey to the Shoshone Paiute Tribes of the Duck Valley Indian Reservation any existing facilities or improvements to the land described in paragraph (3). (c) Conveyance of Land To Be Held in Trust for the Summit Lake Paiute Tribe.-- (1) Definition of map.--In this section, the term ``map'' means the map entitled ``Summit Lake Indian Reservation Conveyance'', dated February 28, 2013, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Summit Lake Paiute Tribe; and (B) shall be part of the reservation of the Summit Lake Paiute Tribe. (3) Description of land.--The land referred to in paragraph (2) is the approximately 941 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``Reservation Conveyance Lands''. (d) Conveyance of Land To Be Held in Trust for the Reno-Sparks Indian Colony.-- (1) Definition of map.--In this subsection, the term ``map'' means the map entitled ``Reno-Sparks Indian Colony Expansion'', dated June 11, 2014, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Reno-Sparks Indian Colony; and (B) shall be part of the reservation of the Reno- Sparks Indian Colony. (3) Description of land.--The land referred to in paragraph (2) is the approximately 13,434 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``RSIC Amended Boundary''. (e) Conveyance of Land To Be Held in Trust for the Pyramid Lake Paiute Tribe.-- (1) Map.--In this subsection, the term ``map'' means the map entitled ``Pyramid Lake Indian Reservation Expansion'', dated April 13, 2015, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Pyramid Lake Paiute Tribe; and (B) shall be part of the reservation of the Pyramid Lake Paiute Tribe. (3) Description of land.--The land referred to in paragraph (2) is the approximately 6,357 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``Reservation Expansion Lands''. (f) Conveyance of Land To Be Held in Trust for the Duckwater Shoshone Tribe.-- (1) Map.--In this subsection, the term ``map'' means the map entitled ``Duckwater Reservation Expansion'', dated October 15, 2015, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land.--Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)-- (A) is held in trust by the United States for the benefit of the Duckwater Shoshone Tribe; and (B) shall be part of the reservation of the Duckwater Shoshone Tribe. (3) Description of land.--The land referred to in paragraph (2) is the approximately 31,229 acres of land administered by the Bureau of Land Management as generally depicted on the map as ``Reservation Expansion Lands''. (g) Revocation of Public Land Orders.--Any public land order that withdraws any portion of land conveyed to an Indian tribe under this section shall be revoked to the extent necessary to permit the conveyance of the land. SEC. 4. ADMINISTRATION. (a) Survey.--Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust for each Indian tribe under section 3. (b) Use of Trust Land.-- (1) Gaming.--Land taken into trust under section 3 shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). (2) Thinning; landscape restoration.--With respect to the land taken into trust under section 3, the Secretary, in consultation and coordination with the applicable Indian tribe, may carry out any fuel reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Indian tribe and the Bureau of Land Management. Passed the Senate April 14, 2016. Attest: Secretary. 114th CONGRESS 2d Session S. 1436 _______________________________________________________________________ AN ACT To require the Secretary of the Interior to take land into trust for certain Indian tribes, and for other purposes.

(This measure has not been amended since it was reported to the Senate on February 29, 2016. Nevada Native Nations Land Act (Sec. 3) This bill requires the United States to hold in trust the following lands for the benefit of: the Fort McDermitt Paiute and Shoshone Tribe of the Fort McDermitt Indian Reservation, 19,094 acres of Bureau of Land Management (BLM) land; the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation, 82 acres of Forest Service land; the Summit Lake Paiute Tribe, 941 acres of BLM land; the Reno-Sparks Indian Colony, 13,434 acres of BLM land; the Pyramid Lake Paiute Tribe, 6,357 acres of BLM land; and the Duckwater Shoshone Tribe 31,269 acres of BLM land. The lands held for these tribes shall be part of their respective reservations. (Sec. 4) Gaming is prohibited on these lands.

Nevada Native Nations Land Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strong Families Act''. SEC. 2. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE. (a) In General.-- (1) Allowance of credit.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE. ``(a) Establishment of Credit.-- ``(1) In general.--For purposes of section 38, in the case of an eligible employer, the paid family and medical leave credit is an amount equal to the applicable percentage of the amount of wages paid to qualifying employees during any period in which such employees are on family and medical leave. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means 12.5 percent increased (but not above 25 percent) by 0.25 percentage points for each percentage point by which the rate of payment (as described under subsection (c)(1)(B)) exceeds 50 percent. ``(b) Limitation.-- ``(1) In general.--The credit allowed under subsection (a) with respect to any employee for any taxable year shall not exceed an amount equal to the product of the normal hourly wage rate of such employee for each hour (or fraction thereof) of actual services performed for the employer and the number of hours (or fraction thereof) for which family and medical leave is taken. ``(2) Non-hourly wage rate.--For purposes of paragraph (1), in the case of any employee who is not paid on an hourly wage rate, the wages of such employee shall be prorated to an hourly wage rate under regulations established by the Secretary, in consultation with the Secretary of Labor. ``(3) Maximum amount of leave subject to credit.--The amount of family and medical leave that may be taken into account with respect to any employee under subsection (a) for any taxable year shall not exceed 12 weeks. ``(c) Eligible Employer.--For purposes of this section-- ``(1) In general.--The term `eligible employer' means any employer who has in place a policy that meets the following requirements: ``(A) The policy provides-- ``(i) in the case of a qualifying employee who is not a part-time employee (as defined in section 4980E(d)(4)(B)), not less than 2 weeks of annual paid family and medical leave, and ``(ii) in the case of a qualifying employee who is a part-time employee, an amount of annual paid family and medical leave that is not less than an amount which bears the same ratio to the amount of annual paid family and medical leave that is provided to a qualifying employee described in clause (i) as-- ``(I) the number of hours the employee is expected to work during any week, bears to ``(II) the number of hours an equivalent qualifying employee described in clause (i) is expected to work during the week. ``(B) The policy requires that the rate of payment under the program is not less than 50 percent of the wages normally paid to such employee for services performed for the employer. ``(2) Special rule for certain employers.-- ``(A) In general.--An added employer shall not be treated as an eligible employer unless such employer provides paid family and medical leave in compliance with a policy which ensures that the employer-- ``(i) will not interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under the policy, and ``(ii) will not discharge or in any other manner discriminate against any individual for opposing any practice prohibited by the policy. ``(B) Added employer; added employee.--For purposes of this paragraph-- ``(i) Added employee.--The term `added employee' means a qualifying employee who is not covered by title I of the Family and Medical Leave Act of 1993, as amended. ``(ii) Added employer.--The term `added employer' means an eligible employer (determined without regard to this paragraph), whether or not covered by that title I, who offers paid family and medical leave to added employees. ``(3) Aggregation rule.--All persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer. ``(4) Treatment of benefits mandated or paid for by state or local governments.--For purposes of this section, any leave which is paid by a State or local government or required by State or local law shall not be taken into account in determining the amount of paid family and medical leave provided by the employer. ``(5) No inference.--Nothing in this subsection shall be construed as subjecting an employer to any penalty, liability, or other consequence (other than ineligibility for the credit allowed by reason of subsection (a) or recapturing the benefit of such credit) for failure to comply with the requirements of this subsection. ``(d) Qualifying Employees.--For purposes of this section, the term `qualifying employee' means any employee (as defined in section 3(e) of the Fair Labor Standards Act of 1938, as amended) who-- ``(1) has been employed by the employer for 1 year or more, and ``(2) for the preceding year, had compensation not in excess of an amount equal to 60 percent of the amount applicable for such year under clause (i) of section 414(q)(1)(B). ``(e) Family and Medical Leave.-- ``(1) In general.--Except as provided in paragraph (2), for purposes of this section, the term `family and medical leave' means leave for any one or more of the purposes described under subparagraph (A), (B), (C), (D), or (E) of paragraph (1), or paragraph (3), of section 102(a) of the Family and Medical Leave Act of 1993, as amended, whether the leave is provided under that Act or by a policy of the employer. ``(2) Exclusion.--If an employer provides paid leave as vacation leave, personal leave, or medical or sick leave (other than leave specifically for one or more of the purposes referred to in paragraph (1)), that paid leave shall not be considered to be family and medical leave under paragraph (1). ``(3) Definitions.--In this subsection, the terms `vacation leave', `personal leave', and `medical or sick leave' mean those 3 types of leave, within the meaning of section 102(d)(2) of that Act. ``(f) Wages.--For purposes of this section, the term `wages' has the meaning given such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). Such term shall not include any amount taken into account for purposes of determining any other credit allowed under this subpart. ``(g) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Other rules.--Rules similar to the rules of paragraphs (2) and (3) of section 51(j) shall apply for purposes of this subsection. ``(h) Termination.--This section shall not apply to wages paid in any taxable year beginning after the date which is 5 years after the date of the enactment of the Strong Families Act.''. (b) Credit Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) in the case of an eligible employer (as defined in section 45S(c)), the paid family and medical leave credit determined under section 45S(a).''. (c) Credit Allowed Against AMT.--Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vii) through (ix) as clauses (vii) through (x), respectively, and by inserting after clause (vi) the following new clause: ``(vii) the credit determined under section 45S,''. (d) Conforming Amendments.-- (1) Denial of double benefit.--Section 280C(a) of the Internal Revenue Code of 1986 is amended by inserting ``45S(a),'' after ``45P(a),''. (2) Election to have credit not apply.--Section 6501(m) of such Code is amended by inserting ``45S(g),'' after ``45H(g),''. (3) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Employer credit for paid family and medical leave.''. (e) Effective Date.--The amendments made by this section shall apply to wages paid in taxable years beginning after the date of the enactment of this Act. SEC. 3. GAO STUDY OF IMPACT OF TAX CREDIT TO PROMOTE ACCESS TO PAID FAMILY AND MEDICAL LEAVE. (a) Study.--Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall-- (1) complete a study that-- (A) examines the effectiveness of the tax credit for paid family and medical leave authorized under section 45S of the Internal Revenue Code of 1986 (as added by this Act) in terms of-- (i) increasing access to paid family and medical leave among qualifying employees; (ii) promoting the creation of new paid family and medical leave policies among eligible employers; (iii) increasing the generosity of existing paid family and medical leave policies among eligible employers; and (iv) incentivizing employee or employer behavior that might not otherwise have occurred in the absence of the credit; (B) provides recommendations for ways to modify or enhance the tax credit to further promote access to paid family and medical leave for qualifying employees; (C) provides suggestions of alternative policies that Federal and State governments could implement to increase access to paid family and medical leave, particularly among qualifying employees; and (2) prepare and submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives setting forth the conclusions of the study conducted under paragraph (1) in such a manner that the recommendations included in the report can inform future legislative action. Such report shall also be made publicly available via the website of the Government Accountability Office. (b) Prohibition.--In carrying out the requirements of this section, the Comptroller General of the United States may request qualitative and quantitative information from employers and employees claiming the credit under section 45S of the Internal Revenue Code of 1986, but nothing in this section shall be construed as mandating additional reporting requirements for such employers or employees beyond what is already required by law.

Strong Families Act This bill amends the Internal Revenue Code to: (1) allow certain employers a business-related tax credit for a specified percentage (not to exceed 25%) of the amount of wages paid to their employees during any period (not exceeding 12 weeks) in which such employees are on family and medical leave, (2) limit the allowable amount of such credit with respect to any employee to the product of the normal hourly wage rate of such employee for each hour (or fraction thereof) of actual services performed for the employer and the number of hours (or fraction thereof) for which family and medical leave is taken, and (3) terminate such credit five years after the enactment of this bill. The Government Accountability Office shall complete a study on the effectiveness of the tax credit for paid family and medical leave.

Strong Families Act

SECTION 1. PHYSICAL EDUCATION FOR PROGRESS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following: ``PART L--PHYSICAL EDUCATION FOR PROGRESS ``SEC. 10999A. SHORT TITLE. ``This part may be cited as the `Physical Education for Progress Act'. ``SEC. 10999B. PURPOSE. ``The purpose of this part is to award grants and contracts to local educational agencies to enable the local educational agencies to initiate, expand, and improve physical education programs for all kindergarten through 12th grade students. ``SEC. 10999C. FINDINGS. ``Congress makes the following findings: ``(1) Physical education is essential to the development of growing children. ``(2) Physical education helps improve the overall health of children by improving their cardiovascular endurance, muscular strength and power, and flexibility, and by enhancing weight regulation, bone development, posture, skillful moving, active lifestyle habits, and constructive use of leisure time. ``(3) Physical education helps improve the self esteem, interpersonal relationships, responsible behavior, and independence of children. ``(4) Children who participate in high quality daily physical education programs tend to be more healthy and physically fit. ``(5) The percentage of young people who are overweight has more than doubled in the 30 years preceding 1999. ``(6) Low levels of activity contribute to the high prevalence of obesity among children in the United States. ``(7) Obesity related diseases cost the United States economy more than $100,000,000,000 every year. ``(8) Inactivity and poor diet cause at least 300,000 deaths a year in the United States. ``(9) Physically fit adults have significantly reduced risk factors for heart attacks and stroke. ``(10) Children are not as active as they should be and fewer than 1 in 4 children get 20 minutes of vigorous activity every day of the week. ``(11) The Surgeon General's 1996 Report on Physical Activity and Health, and the Centers for Disease Control and Prevention, recommend daily physical education for all students in kindergarten through grade 12. ``(12) Twelve years after Congress passed House Concurrent Resolution 97, 100th Congress, agreed to December 11, 1987, encouraging State and local governments and local educational agencies to provide high quality daily physical education programs for all children in kindergarten through grade 12, little progress has been made. ``(13) Every student in our Nation's schools, from kindergarten through grade 12, should have the opportunity to participate in quality physical education. It is the unique role of quality physical education programs to develop the health-related fitness, physical competence, and cognitive understanding about physical activity for all students so that the students can adopt healthy and physically active lifestyles. ``(14) Every student in our Nation's schools should have the opportunity to achieve the goals established by Healthy People 2000 and Healthy People 2010. ``SEC. 10999D. PROGRAM AUTHORIZED. ``The Secretary is authorized to award grants to, and enter into contracts with, local educational agencies to pay the Federal share of the costs of initiating, expanding, and improving physical education programs for kindergarten through grade 12 students by-- ``(1) providing equipment and support to enable students to actively participate in physical education activities; ``(2) developing or enhancing physical education curricula to meet national goals for physical education developed by the Secretary in consultation with the National Association for Sport and Physical Education; and ``(3) providing funds for staff and teacher training and education. ``SEC. 10999E. APPLICATIONS; PROGRAM REQUIREMENTS. ``(a) Applications.--Each local educational agency desiring a grant or contract under this part shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in the schools served by the agency in order to make progress toward meeting-- ``(1) the goals described in subsection (b); or ``(2) State standards for physical education. ``(b) Goals.--The goals referred to in subsection (a) are as follows: ``(1) Physical education programs shall facilitate achievement of the national goals for physical education described in section 10999D(2), and the curriculum of the programs may provide-- ``(A) fitness education and assessment to help children understand, improve, or maintain their physical well-being; ``(B) instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every child; ``(C) development of cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle; ``(D) opportunities to develop positive social and cooperative skills through physical activity participation; and ``(E) instruction in healthy eating habits and good nutrition. ``(2) Teachers of physical education shall be afforded the opportunity for professional development to stay abreast of the latest research, issues, and trends in the field of physical education. ``(c) Special Rule.--For the purpose of this part, extracurricular activities such as team sports and Reserve Officers' Training Corps (ROTC) program activities shall not be considered as part of the curriculum of a physical education program assisted under this part. ``SEC. 10999F. PROPORTIONALITY. ``The Secretary shall ensure that grants awarded and contracts entered into under this part shall be equitably distributed between local educational agencies serving urban and rural areas, and between local educational agencies serving large and small numbers of students. ``SEC. 10999G. PRIVATE SCHOOL STUDENTS AND HOME-SCHOOLED STUDENTS. ``An application for funds under this part, consistent with the number of home-schooled children or children enrolled in private elementary schools, middle schools, and secondary schools located in the school district of a local educational agency, may provide for the participation of such children and their teachers in the activities assisted under this part. ``SEC. 10999H. REPORT REQUIRED FOR CONTINUED FUNDING. ``As a condition to continue to receive grant or contract funding after the first year of a multiyear grant or contract under this part, the administrator of the grant or contract for the local educational agency shall submit to the Secretary an annual report that describes the activities conducted during the preceding year and demonstrates that progress has been made toward achieving goals described in section 10999E(b) or meeting State standards for physical education. ``SEC. 10999I. REPORT TO CONGRESS. ``The Secretary shall submit a report to Congress not later than June 1, 2003, that describes the programs assisted under this part, documents the success of such programs in improving physical fitness, and makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this part. ``SEC. 10999J. ADMINISTRATIVE COSTS. ``Not more than 5 percent of the grant or contract funds made available to a local educational agency under this part for any fiscal year may be used for administrative costs. ``SEC. 10999K. FEDERAL SHARE; SUPPLEMENT NOT SUPPLANT. ``(a) Federal Share.--The Federal share under this part may not exceed-- ``(1) 90 percent of the total cost of a project for the first year for which the project receives assistance under this part; and ``(2) 75 percent of such cost for the second and each subsequent such year. ``(b) Supplement not Supplant.--Funds made available under this part shall be used to supplement and not supplant other Federal, State, and local funds available for physical education activities. ``SEC. 10999L. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $30,000,000 for fiscal year 2000, $70,000,000 for fiscal year 2001, and $100,000,000 for each of the fiscal years 2002 through 2004, to carry out this part. Such funds shall remain available until expended.''.

Requires such grants and contracts to be used for: (1) providing equipment and support to enable students to actively participate in physical education activities; (2) developing or enhancing physical education curricula to meet national goals developed by the Secretary; and (3) providing funds for staff and teacher training and education. Requires LEA assistance applications for such assistance to contain plans for helping school physical education programs make progress toward meeting State standards for physical education or specified goals. Prohibits extracurricular activities such as team sports and Reserve Officers' Training Corps (ROTC) program activities from consideration as part of the curriculum of a physical education program assisted under this Act. Authorizes appropriations.

Physical Education for Progress Act

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``California Coastal National Monument Expansion Act of 2013''. (b) Definitions.--In this Act: (1) Map.--The term ``map'' means the map created by the Bureau of Land Management, entitled ``California Coastal National Monument Addition'' and dated September 15, 2012. (2) Monument.--The term ``Monument'' means the California Coastal National Monument established by Presidential Proclamation 7264. (3) Point arena-stornetta public lands.--The term ``Point Arena-Stornetta Public Lands'' means the Federal land comprising approximately 1,255 acres in Mendocino County, California, as generally depicted on the map. (4) Presidential proclamation 7264.--The term ``Presidential Proclamation 7264'' means Presidential Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg. 2821). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. PURPOSE. The purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, economic and recreational values of the Point Arena-Stornetta Public Lands, while allowing certain recreational, research and traditional ecomomic activities or uses, such as grazing, to continue. SEC. 3. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT. (a) In General.--The boundary of the Monument established by Presidential Proclamation 7264 is expanded to include the Federal land shown on the map. (b) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and boundary description of land added to the Monument by this Act. (2) Force and effect.--The map and boundary description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the map and boundary descriptions. (3) Availability of map and boundary description.--The map and boundary description filed under paragraph (1) shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall manage the land added to the Monument by this Act-- (1) as a part of the Monument; and (2) in accordance with Presidential Proclamation 7264, except that-- (A) traditional economic activities and existing uses, such as grazing and the maintenance of existing structures that are used for grazing, shall not be restricted; and (B) lands and interests in land within the proposed land addition not owned by the United States shall not be part of the monument and the future acquisition of those lands and interests in lands by the United States may occur only through donation or exchange with the written consent of the landowner. (b) Management Plan.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall finalize an amendment to the Monument management plan for the long-term protection and management of the land added to the Monument by this Act. (2) Requirements.--The plan amendment shall-- (A) be developed with an opportunity for full public participation; and (B) describe the appropriate uses and management of the land consistent with this Act. (c) Motorized and Mechanized Transport.--Except as needed for emergency or authorized administrative purposes, the use of motorized and mechanized vehicles in the Monument shall be permitted only on roads and trails designated for that use. (d) Incorporation of Land and Interests.-- (1) Authority.--The Secretary may acquire non-Federal land or interests in land within or adjacent to the land added to the Monument by this Act only through exchange, or donation with the written consent of the landowner, and such non-Federal land shall not be included within the boundaries of the Monument absent written consent of the landowner. (2) Management.--Any land or interests in land within or adjacent to the land added to the Monument by this Act acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Monument. (3) Access to private property.--The addition of lands under this Act to the Monument may not result in a lack of or restricted access by motorized vehicle to any non-Federal lands within the Monument. (e) Overflights.--Nothing in this Act-- (1) restricts or precludes overflights, including low-level overflights or military, commercial, and general aviation overflights that can be seen or heard within the land added to the Monument by this Act; (2) restricts or precludes the designation or creation of new units of special use airspace or the establishment of military flight training routes over the land added to the Monument by this Act; or (3) modifies regulations governing low-level overflights above the adjacent Gulf of the Farallones National Marine Sanctuary. (f) Law Enforcement.--Nothing in this Act effects the law enforcement authorities of the Department of Homeland Security. (g) Native American Uses.--Nothing in this Act enlarges, diminishes, or modifies the rights of any Indian tribe or Indian religious community. (h) Buffer Zones.-- (1) In general.--The expansion of the Monument is not intended to lead to the establishment of protective perimeters or buffer zones around the land included in the Monument by this Act. (2) Activities outside the monument.--The fact that activities outside the Monument can be seen or heard within the land added to the Monument by this Act shall not, of itself, preclude those activities or uses up to the boundary of the Monument. (i) Grazing.--Nothing in this Act affects the grazing of livestock and the maintenance of existing structures that are used for grazing within the Point Arena-Stornetta Public Lands or the Monument. (j) National Landscape Conservation System.--The Secretary shall manage the Monument as part of the National Landscape Conservation System. Passed the House of Representatives July 22, 2013. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on July 8, 2013. California Coastal National Monument Expansion Act of 2013 - Expands the boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, to include the Point Arena-Stornetta public lands in Mendocino County, California. Requires management of such lands in accordance with such Proclamation, and as part of the Monument, except that: (1) traditional economic activities and existing uses, such as grazing and maintenance of existing structures used for grazing, shall not be restricted; and (2) lands and interests in land within the proposed land addition not owned by the federal government shall not become part of the Monument, and the future acquisition of such lands and interests by the government may only occur through donation or exchange with the landowner's written consent. Instructs the Secretary of the Interior to finalize an amendment to the Monument's management plan for the long-term protection and management of the lands added to the Monument under this Act. Requires the plan amendment to be developed with an opportunity for full public participation. Permits the use of motorized and mechanized vehicles in the Monument only on roads and trails designated for such use, except as needed for emergency or authorized administrative purposes. Authorizes the Secretary of the Interior to acquire non-federal land or interests within or adjacent to the land added to the Monument only through exchange, or donation with the landowner's written consent. Bars the inclusion of non-federal land within the boundaries of the Monument without such consent. Requires any such acquired land or interests to be added to and administered as part of the Monument. Prohibits the addition of lands to the Monument under this Act from resulting in a lack of or restricted access by motorized vehicle to any non-federal lands within the Monument. Declares that nothing in this Act: (1) restricts or precludes low-level military, commercial, and general aviation overflights; (2) affects law enforcement authorities of the Department of Homeland Security (DHS); (3) enlarges, diminishes, or modifies the rights of any Indian tribes and Indian religious communities; or (4) affects livestock grazing and the maintenance of existing structures used for grazing with the Point Arena-Stornetta Public Lands or the Monument. States that: (1) the expansion of the Monument is not intended to lead to the establishment of protective perimeters and buffer zones around the land included in the Monument by this Act; and (2) the fact that activities outside the Monument can be seen or heard within the land added to the Monument by this Act shall not, of itself, preclude those activities or uses up to the Monument's boundary. Requires management of the Monument as part of the National Landscape Conservation System.

California Coastal National Monument Expansion Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety of Seniors Act of 2008''. SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended-- (1) by redesignating section 393B (as added by section 1401 of Public Law 106-386) as section 393C and transferring such section so that it appears after section 393B (as added by section 1301 of Public Law 106-310); and (2) by inserting after section 393C (as redesignated by paragraph (1)) the following: ``SEC. 393D. PREVENTION OF FALLS AMONG OLDER ADULTS. ``(a) Public Education.--The Secretary may-- ``(1) oversee and support a national education campaign to be carried out by a nonprofit organization with experience in designing and implementing national injury prevention programs, that is directed principally to older adults, their families, and health care providers, and that focuses on reducing falls among older adults and preventing repeat falls; and ``(2) award grants, contracts, or cooperative agreements to qualified organizations, institutions, or consortia of qualified organizations and institutions, specializing, or demonstrating expertise, in falls or fall prevention, for the purpose of organizing State-level coalitions of appropriate State and local agencies, safety, health, senior citizen, and other organizations to design and carry out local education campaigns, focusing on reducing falls among older adults and preventing repeat falls. ``(b) Research.-- ``(1) In general.--The Secretary may-- ``(A) conduct and support research to-- ``(i) improve the identification of older adults who have a high risk of falling; ``(ii) improve data collection and analysis to identify fall risk and protective factors; ``(iii) design, implement, and evaluate the most effective fall prevention interventions; ``(iv) improve strategies that are proven to be effective in reducing falls by tailoring these strategies to specific populations of older adults; ``(v) conduct research in order to maximize the dissemination of proven, effective fall prevention interventions; ``(vi) intensify proven interventions to prevent falls among older adults; ``(vii) improve the diagnosis, treatment, and rehabilitation of elderly fall victims and older adults at high risk for falls; and ``(viii) assess the risk of falls occurring in various settings; ``(B) conduct research concerning barriers to the adoption of proven interventions with respect to the prevention of falls among older adults; ``(C) conduct research to develop, implement, and evaluate the most effective approaches to reducing falls among high-risk older adults living in communities and long-term care and assisted living facilities; and ``(D) evaluate the effectiveness of community programs designed to prevent falls among older adults. ``(2) Educational support.--The Secretary, either directly or through awarding grants, contracts, or cooperative agreements to qualified organizations, institutions, or consortia of qualified organizations and institutions, specializing, or demonstrating expertise, in falls or fall prevention, may provide professional education for physicians and allied health professionals, and aging service providers in fall prevention, evaluation, and management. ``(c) Demonstration Projects.--The Secretary may carry out the following: ``(1) Oversee and support demonstration and research projects to be carried out by qualified organizations, institutions, or consortia of qualified organizations and institutions, specializing, or demonstrating expertise, in falls or fall prevention, in the following areas: ``(A) A multistate demonstration project assessing the utility of targeted fall risk screening and referral programs. ``(B) Programs designed for community-dwelling older adults that utilize multicomponent fall intervention approaches, including physical activity, medication assessment and reduction when possible, vision enhancement, and home modification strategies. ``(C) Programs that are targeted to new fall victims who are at a high risk for second falls and which are designed to maximize independence and quality of life for older adults, particularly those older adults with functional limitations. ``(D) Private sector and public-private partnerships to develop technologies to prevent falls among older adults and prevent or reduce injuries if falls occur. ``(2)(A) Award grants, contracts, or cooperative agreements to qualified organizations, institutions, or consortia of qualified organizations and institutions, specializing, or demonstrating expertise, in falls or fall prevention, to design, implement, and evaluate fall prevention programs using proven intervention strategies in residential and institutional settings. ``(B) Award 1 or more grants, contracts, or cooperative agreements to 1 or more qualified organizations, institutions, or consortia of qualified organizations and institutions, specializing, or demonstrating expertise, in falls or fall prevention, in order to carry out a multistate demonstration project to implement and evaluate fall prevention programs using proven intervention strategies designed for single and multifamily residential settings with high concentrations of older adults, including-- ``(i) identifying high-risk populations; ``(ii) evaluating residential facilities; ``(iii) conducting screening to identify high-risk individuals; ``(iv) providing fall assessment and risk reduction interventions and counseling; ``(v) coordinating services with health care and social service providers; and ``(vi) coordinating post-fall treatment and rehabilitation. ``(3) Award 1 or more grants, contracts, or cooperative agreements to qualified organizations, institutions, or consortia of qualified organizations and institutions, specializing, or demonstrating expertise, in falls or fall prevention, to conduct evaluations of the effectiveness of the demonstration projects described in this subsection. ``(d) Priority.--In awarding grants, contracts, or cooperative agreements under this section, the Secretary may give priority to entities that explore the use of cost-sharing with respect to activities funded under the grant, contract, or agreement to ensure the institutional commitment of the recipients of such assistance to the projects funded under the grant, contract, or agreement. Such non- Federal cost sharing contributions may be provided directly or through donations from public or private entities and may be in cash or in- kind, fairly evaluated, including plant, equipment, or services. ``(e) Study of Effects of Falls on Health Care Costs.-- ``(1) In general.--The Secretary may conduct a review of the effects of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing health care costs associated with falls. ``(2) Report.--If the Secretary conducts the review under paragraph (1), the Secretary shall, not later than 36 months after the date of enactment of the Safety of Seniors Act of 2008, submit to Congress a report describing the findings of the Secretary in conducting such review.''.

Safety of Seniors Act of 2008 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to: (1) oversee and support a national education campaign focusing on reducing falls among older adults and preventing repeat falls; and (2) award grants, contracts, or cooperative agreements to design and carry out local education campaigns. Allows the Secretary to conduct and support research to: (1) improve the identification of older adults who have a high risk of falling; (2) improve data collection and analysis to identify fall risk and protective factors; (3) design, implement, and evaluate the most effective fall prevention interventions; (4) tailor effective strategies to reduce falls to specific populations of older adults; (5) maximize the dissemination of proven, effective fall prevention interventions; (6) improve the diagnosis, treatment, and rehabilitation of elderly fall victims and older adults at high risk for falls; and (7) assess the risks of falls occurring in various settings. Authorizes the Secretary to: (1) conduct research concerning the barriers to the adoption of proven fall prevention interventions; (2) conduct research to develop, implement, and evaluate the most effective approaches to reduce falls among high-risk older adults living in communities and long-term care and assisted living facilities; (3) evaluate the effectiveness of community programs; (4) provide professional education for physicians and allied health professionals in fall prevention; (5) oversee and support specified demonstration and research projects; (6) award grants to design, implement, and evaluate fall prevention programs using proven intervention strategies and carry out a multistate demonstration project; (7) give priority in awarding grants under this Act to entities that explore the use of cost-sharing to ensure the institutional commitment of the recipients of such assistance to the funded projects; and (8) report to Congress on the effects of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing associated health care costs.

To amend the Public Health Service Act to direct the Secretary of Health and Human Services to intensify programs with respect to research and related activities concerning falls among older adults.

SECTION 1. SHORT TITLE. This Act may be cited as the ``G.I. Advanced Education in Science and Technology Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States is starting to lose dominance in science and technology. (2) Increasingly the mothers and fathers of scientific and technological invention are not American, and the number of new doctorates in the sciences, and the number of doctoral students from other countries staying in the United States, are on the decline. (3) This decline has serious implications for jobs, industry, and national security in the United States. (4) Shortages in the science and technology base of the United States will be addressed, in part, by creating a scientific and technology doctoral study program in math, science, engineering, and technology for veterans. SEC. 3. STIPENDS FOR PURSUIT OF DOCTORAL DEGREES IN SCIENCE AND TECHNOLOGY. (a) In General.--Chapter 30 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER V--STIPENDS FOR VETERANS PURSUING DOCTORAL DEGREES IN SCIENCE OR TECHNOLOGY ``Sec. 3041. Stipend for pursuit of certain doctoral degrees ``(a) In General.--Subject to the availability of appropriations for such purpose, the Secretary shall pay a monthly stipend to each eligible doctoral candidate under this subchapter for each month that the candidate is pursuing full-time a doctoral degree in the physical or natural sciences, engineering, mathematics, or other scientific or technology disciplines. ``(b) Eligible Doctoral Candidates Defined.--In this subchapter, the term `eligible doctoral candidate' means an individual who meets the following requirements: ``(1) The individual meets the requirements that apply under section 3011 for entitlement to basic educational assistance under subchapter II of this title, other than requirement under subsection (c) of such section 3011 (relating to reductions in basic pay). ``(2) The individual is pursuing full-time a doctoral degree in the physical or natural sciences, engineering, mathematics, or other scientific or technology disciplines, after having completed a bachelor's degree program in any academic discipline at an institution of higher education. ``(c) Relation to Basic Montgomery GI Bill Educational Assistance.--Payment of educational assistance under this subchapter is in addition to payment of educational assistance under subchapter II or III of this chapter. ``Sec. 3042. Duration of payments ``Payments of stipends under section 3041 of this title to an eligible doctoral candidate may be made for a period not to exceed a total of 60 months. ``Sec. 3043. Amount of stipend ``(a) In General.--Subject to subsection (b), the Secretary shall pay to an eligible doctoral candidate pursuing a course at an institution of higher learning leading to a doctoral degree referred to in section 3041(a) of this title at the monthly rate of $1,200. ``(b) Adjustment for Inflation.--With respect to any fiscal year beginning after fiscal year 2005, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the rate payable under subsection (a) equal to the percentage by which-- ``(1) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds ``(2) such Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1). ``(c) Disregard of Stipend Amount in Determination of Assistance From Institution of Higher Learning.--Notwithstanding any other provision of law, an institution of higher learning may not take into account payments made to an eligible doctoral candidate under section 3041 of this title in determining the amount of financial assistance (such as stipends and tuition remittance) the institution would otherwise provide to the eligible doctoral candidate. ``Sec. 3044. Requirements ``Payments of stipends under section 3041 of this title to an eligible doctoral candidate may be made only insofar as the eligible doctoral candidate-- ``(1) has been accepted into an accredited doctoral program at an institution of higher learning; ``(2) provides annual documentation to the Secretary of full-time matriculation in the doctoral program; and ``(3) maintains good academic standing. ``Sec. 3045. Time limitation for payment of stipends ``The period during which the Secretary may make payments of stipends under section 3041 of this title to an eligible doctoral candidate under this subchapter expires at the end of the 10-year period beginning on the date on which the eligible doctoral candidate first begins pursuing full-time such doctoral degree. ``Sec. 3046. Annual authorization of appropriations ``There are authorized to be appropriated to the Secretary to carry out this subchapter for each fiscal year, beginning with fiscal year 2005, $14,900,000.''. (b) Conforming Amendments.--(1) Section 3011 of such title is amended in subsection (f)(1) and (g) by striking ``chapter'' each place it appears and inserting ``subchapter''. (2) Section 3018A(a) of such title is amended by striking ``education assistance under this chapter'' and inserting ``educational assistance under this subchapter''. (3) Section 3018B of such title is amended by striking ``education assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (4) Section 3018C of such title is amended by striking ``educational assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (5) Section 3019 of such title is amended by striking ``chapter'' each place it appears and inserting ``subchapter''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of title 38, United States Code, is amended by adding at the end the following new items: ``subchapter v--stipends for veterans pursuing doctoral degrees in science or technology ``3041. Stipend for pursuit of certain doctoral degrees. ``3042. Duration of payments. ``3043. Amount of stipend. ``3044. Requirements. ``3045. Time limitation for payment of stipends. ``3046. Annual authorization of appropriations.''.

G.I. Advanced Education in Science and Technology Act - Directs the Secretary of Veterans Affairs to pay a monthly stipend to each individual who is entitled to veterans' basic educational assistance and is pursuing full-time a doctoral degree in the physical or natural sciences, engineering, mathematics, or other scientific or technology disciplines. Allows such payment in addition to any other authorized Montgomery GI Bill educational assistance. Makes such payment $1,200 a month (adjusted for inflation for fiscal years after 2005) for up to 60 months. Requires that such payments be disregarded by an institution of higher learning when determining any financial assistance that may be available to such doctoral candidate.

To amend title 38, United States Code, to provide for the payment of stipends to veterans who pursue doctoral degrees in science or technology.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Mariana Islands College Access Act of 2009''. SEC. 2. PURPOSE. It is the purpose of this Act to establish a program that enables college-bound residents of the Northern Mariana Islands to have greater choices among institutions of higher education. SEC. 3. PUBLIC SCHOOL GRANTS. (a) Grants.-- (1) In general.--From amounts appropriated under subsection (i), the Governor shall award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in-State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution. (2) Maximum student amounts.--The amount paid on behalf of an eligible student under this section shall be-- (A) not more than $15,000 for any one award year (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)); and (B) not more than $75,000 in the aggregate. (3) Proration.--The Governor shall prorate payments under this section for students who attend an eligible institution on less than a full-time basis. (b) Reduction for Insufficient Appropriations.-- (1) In general.--If the funds appropriated pursuant to subsection (i) for any fiscal year are insufficient to award a grant in the amount determined under subsection (a) on behalf of each eligible student enrolled in an eligible institution, then the Governor, in consultation with the Secretary of Education, shall-- (A) first, ratably reduce the amount of the tuition and fee payment made on behalf of each eligible student who has not received funds under this section for a preceding year; and (B) after making reductions under subparagraph (A), ratably reduce the amount of the tuition and fee payments made on behalf of all other eligible students. (2) Adjustments.--The Governor, in consultation with the Secretary of Education, may adjust the amount of tuition and fee payments made under paragraph (1) based on-- (A) the financial need of the eligible students to avoid undue hardship to the eligible students; or (B) undue administrative burdens on the Governor. (3) Further adjustments.--Notwithstanding paragraphs (1) and (2), the Governor may prioritize the making or amount of tuition and fee payments under this subsection based on the income and need of eligible students. (c) Definitions.--In this section: (1) Eligible institution.--The term ``eligible institution'' means an institution that-- (A) is a public four-year institution of higher education located in one of the several States, the District of Columbia, Puerto Rico, or Guam; (B) is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (C) enters into an agreement with the Governor containing such conditions as the Governor may specify, including a requirement that the institution use the funds made available under this section to supplement and not supplant assistance that otherwise would be provided to eligible students from the Northern Mariana Islands. (2) Eligible student.--The term ``eligible student'' means an individual who-- (A) was domiciled in the Northern Mariana Islands for not less than the 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; (B) graduated from a secondary school in the Northern Mariana Islands, or received the recognized equivalent of a secondary school diploma while domiciled in the Northern Mariana Islands, on or after January 1, 2008; (C) begins the individual's undergraduate course of study within the three calendar years (excluding any period of service on active duty in the Armed Forces, or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.)) of graduation from a secondary school, or obtaining the recognized equivalent of a secondary school diploma; (D) is enrolled or accepted for enrollment, on at least a half-time basis, in a baccalaureate degree or other program (including a program of study abroad approved for credit by the institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution; (E) if enrolled in an eligible institution, is maintaining satisfactory progress in the course of study the student is pursuing in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)); and (F) has not completed the individual's first undergraduate baccalaureate course of study. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Governor.--The term ``Governor'' means the Governor of the Commonwealth of the Northern Mariana Islands. (5) Secondary school.--The term ``secondary school'' has the meaning given that term under section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (d) Construction.--Nothing in this Act shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable an eligible student to enroll in the institution. (e) Applications.--Each student desiring a tuition payment under this section shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require. (f) Administration of Program.-- (1) In general.--The Governor shall carry out the program under this section in consultation with the Secretary. The Governor may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the program under this section if the Governor determines that doing so is a more efficient way of carrying out the program. (2) Policies and procedures.--The Governor, in consultation with institutions of higher education eligible for participation in the program authorized under this section, shall develop policies and procedures for the administration of the program. (3) Memorandum of agreement.--The Governor and the Secretary shall enter into a Memorandum of Agreement that describes-- (A) the manner in which the Governor shall consult with the Secretary with respect to administering the program under this section; and (B) any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program under this section (which may include access to the information in the common financial reporting form developed under section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090)). (g) Governor's Report.--The Governor shall report to Congress annually regarding-- (1) the number of eligible students attending each eligible institution and the amount of the grant awards paid to those institutions on behalf of the eligible students; (2) the extent, if any, to which a ratable reduction was made in the amount of tuition and fee payments made on behalf of eligible students; and (3) the progress in obtaining recognized academic credentials of the cohort of eligible students for each year. (h) GAO Report.--Beginning on the date of the enactment of this Act, the Comptroller General of the United States shall monitor the effect of the program assisted under this section on educational opportunities for eligible students. The Comptroller General shall analyze whether eligible students had difficulty gaining admission to eligible institutions because of any preference afforded in-State residents by eligible institutions, and shall expeditiously report any findings regarding such difficulty to Congress and the Governor. In addition the Comptroller General shall-- (1) analyze the extent to which there are an insufficient number of eligible institutions to which Northern Mariana Islands students can gain admission, including admission aided by assistance provided under this Act, due to-- (A) caps on the number of out-of-State students the institution will enroll; (B) significant barriers imposed by academic entrance requirements (such as grade point average and standardized scholastic admissions tests); and (C) absence of admission programs benefitting minority students; and (2) report the findings of the analysis described in paragraph (1) and the assessment described in paragraph (2) to Congress and the Governor. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Commonwealth of the Northern Mariana Islands to carry out this section $15,000,000 for each of the fiscal years 2010 through 2015, and such sums as may be necessary for each of the succeeding fiscal years. Such funds shall remain available until expended. (j) Effective Date.--This section shall take effect with respect to payments for periods of instruction that begin on or after January 1, 2010. SEC. 4. ASSISTANCE TO THE NORTHERN MARIANA COLLEGE. (a) In General.--Subject to the availability of appropriations under subsection (d), the Secretary of Education shall provide financial assistance to the Northern Marianas College for each fiscal year for which appropriations are made available under such subsection to enable the College to carry out activities authorized under this section. (b) Subgrant Required.--From the financial assistance provided under subsection (a), the President and Board of Regents of Northern Marianas College shall award a grant to an eligible institution of higher education to plan and implement a vocational training program at Northern Marianas College. (c) Program Requirements.--The vocational training program established under subsection (b)-- (1) shall award certificates of completion in areas that include-- (A) food preparation, food and beverage services, and the culinary arts; (B) hospitality management; (C) carpentry; (D) electrical skills; (E) plumbing; and (F) other construction skills; and (2) may use funds for-- (A) personnel hiring and relocation; (B) faculty and staff salaries; (C) rental of office, classroom, storage, and administrative space; (D) rental or purchase of furniture, equipment, supplies, and materials directly related to classroom use; (E) rental or purchase of furniture, equipment, supplies, and materials directly related to faculty or administrative use; and (F) climate control of facilities, and operation and maintenance of facilities and equipment. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Commonwealth of the Northern Mariana Islands to carry out this section $2,000,000 for each of the fiscal years 2010 through 2015. SEC. 5. GENERAL REQUIREMENTS. (a) Personnel.--The Secretary of Education shall arrange for the assignment of an individual, pursuant to subchapter VI of chapter 33 of title 5, United States Code, to serve as an adviser to the Governor with respect to the programs assisted under this Act. (b) Administrative Expenses.--The Governor may use not more than 5 percent of the funds made available for a program under section 3 for a fiscal year to pay the administrative expenses of a program under section 3 for the fiscal year. (c) Inspector General Review.--Each of the programs assisted under this Act shall be subject to audit and other review by the Inspector General of the Department of Education in the same manner as programs are audited and reviewed under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Gifts.--The Governor may accept, use, and dispose of donations of services or property for purposes of carrying out this Act. (e) Maximum Student Amount Adjustments.--The Governor shall establish rules to adjust the maximum student amounts described in section 3(a)(2)(B) for eligible students described in section 3(c)(2) who transfer between the eligible institutions described in section 3(c)(1)(A).

Northern Mariana Islands College Access Act of 2009 - Directs the Governor of the Northern Mariana Islands to use federal funds authorized by this Act to award grants to public four-year institutions of higher education (IHEs) located in the states, the District of Columbia, Puerto Rico, or Guam to cover the difference between the in-state and out-of-state tuition and fees for students who have: (1) been domiciled in the Northern Mariana Islands for at least the 12 months preceding their enrollment in the IHE; and (2) received on or after January 1, 2008, a secondary school diploma or its equivalent while domiciled there. Requires the Comptroller General to monitor the progam's effectiveness in expanding educational opportunities for such students. Directs the Secretary of Education to provide financial assistance to Northern Marianas College so it can award a subgrant to an IHE to plan and implement a vocational training program at the College that awards certificates of completion in areas that include: (1) food preparation, services, and the culinary arts; (2) hospitality management; (3) carpentry; (4) electrical skills; (5) plumbing; and (6) other construction skills.

To establish a program that enables college-bound residents of the Northern Mariana Islands to have greater choices among institutions of higher education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy American Improvement Act of 2009''. SEC. 2. REQUIREMENTS FOR WAIVERS. (a) In General.--Section 2 of the Buy American Act (41 U.S.C. 10a) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``through 2011'' and inserting ``through 2013''; and (B) in paragraph (3), by striking ``to the maximum extent practicable''; and (2) by adding at the end the following new subsection: ``(c) Special Rules.--The following rules shall apply in carrying out the provisions of subsection (a): ``(1) Public interest waiver.--A determination that it is not in the public interest to enter into a contract in accordance with this Act may not be made after a notice of solicitation of offers for the contract is published in accordance with section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) and section 8(e) of the Small Business Act (15 U.S.C. 637(e)). ``(2) Calculation of domestic and non-domestic bids.-- ``(A) Preference.--A Federal agency entering into a contract shall give preference to a company submitting a bid on the contract that manufactures in the United States the article, material, or supply for which the bid is solicited, if-- ``(i) that company's bid is substantially the same as a bid made by a company that does not manufacture the article, material, or supply in the United States; or ``(ii) that company is the only company that manufactures in the United States the article, material, or supply for which the bid is solicited. ``(B) Exclusion of start-up costs in calculating cost of bid.--When comparing bids between domestic entities and non-domestic entities, costs related to the start-up of a project shall be excluded from a domestic bid. ``(C) Unreasonable cost determination.-- ``(i) In general.--The head of a Federal agency shall not determine the cost of acquiring articles, materials, or supplies produced or manufactured in the United States to be unreasonable under subsection (a) unless the acquisition of such articles, materials, or supplies would increase the cost of the overall project by more than 25 percent. ``(ii) Rule of construction.--Nothing in this subparagraph shall be construed as reducing the percentage increase required as of the date of the enactment of the Buy American Improvement Act of 2009 for a determination of unreasonable cost applicable to projects under Department of Defense contracts. ``(3) Use outside the united states.-- ``(A) In general.--Subsection (a) shall apply without regard to whether the articles, materials, or supplies to be acquired are for use outside the United States if the articles, materials, or supplies are not needed on an urgent basis or if they are acquired on a regular basis. ``(B) Cost analysis.--In any case in which the articles, materials, or supplies are to be acquired for use outside the United States and are not needed on an urgent basis, before entering into a contract an analysis shall be made of the difference in the cost of acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies in the United States (including the cost of shipping) and the cost of acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies outside the United States (including the cost of shipping). ``(4) Domestic availability.--The head of a Federal agency may not make a determination under subsection (a) that an article, material, or supply is not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of satisfactory quality, unless the head of the agency has determined that-- ``(A) domestic production cannot be initiated without significantly delaying the project for which the article, material, or supply is to be procured; and ``(B) a substitutable article, material, or supply is not available in reasonable quantities and of satisfactory quality from a company in the United States. ``(5) Effect on domestic employment.--In determining whether a public interest waiver shall be granted under subsection (a), the head of a Federal agency shall-- ``(A) consider the short-term and long-term effects of granting such a waiver on employment within the United States; and ``(B) determine any significant decrease in domestic employment to be against the public interest. ``(6) Transparency in waivers.-- ``(A) Requests for waivers.--Not later than 7 days after a Federal agency receives a written request for a waiver under subsection (a), the head of the agency shall publish the request on a publicly available website of the agency in an easily identifiable location and shall provide the public with a reasonable period of time for notice and comment before issuing a waiver. ``(B) Waivers granted.--Not later than 30 days after a Federal agency decides to issue a waiver under subsection (a), the head of the agency shall publish the decision and the justification for the decision in the Federal Register and on a publicly available website of the agency in an easily identifiable location.''. (b) Definitions.--Section 1 of the Buy American Act (41 U.S.C. 10c) is amended by adding at the end the following new subsections: ``(c) Federal Agency.--The term `Federal agency' means any executive agency (as defined in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))) or any establishment in the legislative or judicial branch of the Federal Government. ``(d) Substantially All.--Articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, if the cost of the domestic components of such articles, materials, or supplies exceeds 75 percent of the total cost of all components of such articles, materials, or supplies.''. (c) Conforming Amendments.-- (1) Section 2(a) of the Buy American Act (41 U.S.C. 10a(a)) is amended by striking ``department or independent establishment'' and inserting ``Federal agency''. (2) Section 3 of such Act (41 U.S.C. 10b) is amended-- (A) in subsection (a), by striking ``department or independent establishment'' and inserting ``Federal agency''; and (B) in subsection (b), by striking ``department, bureau, agency, or independent establishment'' and inserting ``Federal agency''. (3) Section 633 of the National Military Establishment Appropriation Act, 1950 (41 U.S.C. 10d) is amended by striking ``department or independent establishment'' and inserting ``Federal agency''. SEC. 3. REGULATIONS ADDRESSING USE OF PROJECT SEGMENTATION TO AVOID APPLICABILITY OF BUY AMERICAN REQUIREMENTS . Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council established under section 25(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(a)) shall amend the Federal Acquisition Regulation to ensure that the requirements of section 2 of the Buy American Act (41 U.S.C. 10a) apply to component projects that have been disaggregated from a larger project for purposes of avoiding applicability of such requirements to such larger project. SEC. 4. GAO REPORT AND RECOMMENDATIONS. (a) Report on Scope of Waivers.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall report to Congress recommendations to be used in determining, for purposes of applying the waiver provision of section 2(a) of the Buy American Act, whether acquiring articles, materials, and supplies mined, produced, or manufactured in the United States would be inconsistent with the public interest. (b) Recommendations.--The report described in subsection (a) shall include recommendations-- (1) for standards for determining inconsistency with the public interest, including how to incorporate the impact on domestic employment in such standards; and (2) for establishing procedures for applying the waiver provisions of the Buy American Act that can be consistently applied, including how to investigate waiver requests and evaluate domestic content requirements. SEC. 5. UNITED STATES OBLIGATIONS UNDER INTERNATIONAL AGREEMENTS. This Act, and the amendments made by this Act, shall be applied in a manner consistent with United States obligations under international agreements.

Buy American Improvement Act of 2009 - Amends the Buy American Act to: (1) extend through FY2013 the requirement for federal agencies to report to specified congressional committees on the amount of agency acquisitions from entities that manufacture products outside the United States; (2) apply such Act to executive, legislative, and judicial branch agencies; and (3) require articles to be treated as made substantially all from articles mined, produced, or manufactured in the United States if the cost of the domestic components exceeds 75% of the total cost of all components. Prohibits federal agencies from determining that: (1) it would not be in the public interest to enter into a contract subject to Buy American requirements after a solicitation of offers notice for such contract is published; (2) the cost of acquiring products manufactured in the United States is unreasonable unless such acquisition would increase the cost of the overall project by more than 25%; or (3) an article is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of satisfactory quality unless the agency has determined that domestic production cannot be initiated without significantly delaying the project and that a substitutable article is not available from a company in the United States. Requires agencies: (1) to give preference in the procurement process to a company that manufactures the solicited product in the United States if such company's bid is substantially the same as a bid made by a non-U.S. manufacturer or such company is the only one that manufactures the product in the United States; (2) to exclude costs related to the startup of a project from a domestic bid; (3) to apply Buy American requirements without regard to whether products to be acquired are for use outside the United States if they are not needed on an urgent basis or if they are acquired on a regular basis; (4) in determining whether to grant a public interest waiver of Buy American requirements, to consider any predicted significant decrease in domestic employment to be against the public interest; and (5) to publish waivers requested and waivers granted on a publicly available website. Directs: (1) the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to ensure that Buy American requirements apply to component projects that have been disaggregated from a larger project for purposes of avoiding applicability of such requirements to the larger project; and (2) the Comptroller General to report to Congress recommendations to be used in determining whether acquiring articles mined, produced, or manufactured in the United States would be inconsistent with the public interest. Requires this Act to be applied in a manner consistent with U.S. obligations under international agreements.

To amend the Buy American Act to increase the requirement for American-made content, to tighten the waiver provisions, and for other purposes.

SECTION 1. APPROVAL OF AGREEMENT BETWEEN UNITED STATES AND REPUBLIC OF PALAU. (a) Definitions.--In this section: (1) Agreement.--The term ``Agreement'' means the Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010. (2) Compact.--The term ``Compact'' means the Compact of Free Association between the Government of the United States of America and the Government of Palau, as contained in section 201 of Public Law 99-658 (48 U.S.C. 1931 note). (b) Results of Compact Review.-- (1) In general.--Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.) is amended by adding at the end the following: ``SEC. 105. RESULTS OF COMPACT REVIEW. ``(a) In General.--The agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010 (referred to in this section as the `Agreement'), pursuant to section 432 of the Compact, are approved-- ``(1) except for the extension of article X of the Agreement regarding Federal programs and services, concluded pursuant to article II of title II and section 232 of the Compact; and ``(2) subject to the provisions of this section. ``(b) Withholding of Funds.--If the Republic of Palau withdraws more than $5,000,000 from the trust fund established under section 211(f) of the Compact during fiscal year 2016, or more than $8,000,000 during fiscal year 2017, the amounts payable under sections 1, 2(a), 3, and 4(a) of the Agreement shall be withheld from the Republic of Palau until the date on which the Republic of Palau reimburses the trust fund for the total amounts withdrawn that exceeded $5,000,000 during fiscal year 2016 or $8,000,000 during fiscal year 2017, as applicable. ``(c) Funding for Certain Provisions.--Not later than 30 days after the date of enactment of this section, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of the Interior such sums as are necessary for the Secretary of the Interior to implement sections 1, 2(a), 3, 4(a), and 5 of the Agreement, to remain available until expended, without any further appropriation. ``(d) Authorization of Appropriations.--There are authorized to be appropriated-- ``(1) to the Secretary of the Interior to subsidize postal services provided by the United States Postal Service to the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia $1,500,000 for each of fiscal years 2017 through 2024, to remain available until expended; and ``(2) to the head of each Federal entity described in paragraphs (1), (3), and (4) of section 221(a) of the Compact (including any successor of such a Federal entity) to carry out the responsibilities of the Federal entity under section 221(a) of the Compact such sums as are necessary, to remain available until expended.''. (2) Offset.--Section 3 of the Act of June 30, 1954 (68 Stat. 330, 82 Stat. 1213, chapter 423), is repealed. (c) Payment Schedule; Withholding of Funds; Funding.-- (1) Compact fund.--Section 1 of the Agreement is amended to read as follows: ``SECTION 1. COMPACT FUND. ``The Government of the United States shall contribute $30,250,000 to the Fund established under section 211(f) of the Compact in accordance with the following schedule: ``(1) $20,000,000 for fiscal year 2017. ``(2) $2,000,000 for each of fiscal years 2018 through 2022. ``(3) $250,000 for fiscal year 2023.''. (2) Infrastructure maintenance fund.--Subsection (a) of section 2 of the Agreement is amended to read as follows: ``(a) Grant.-- ``(1) In general.--The Government of the United States shall provide a grant in an amount equal to $3,500,000 for each of fiscal years 2017 through 2024 to create a trust fund (referred to in this agreement as the `Infrastructure Maintenance Fund'), to be used for the routine and periodic maintenance of major capital improvement projects financed using funds provided by the Government of the United States. ``(2) Contributions by palau.--The Government of Palau shall match the contributions made by the Government of the United States by making contributions of $150,000 to the Infrastructure Maintenance Fund on a quarterly basis during the period beginning on October 1, 2016, and ending on September 30, 2024. ``(3) Requirement.--The implementation of this subsection shall be carried out in accordance with appendix A to this agreement.''. (3) Fiscal consolidation fund.--Section 3 of the Agreement is amended to read as follows: ``SEC. 3. FISCAL CONSOLIDATION FUND. ``(a) In General.--The Government of the United States shall provide to the Government of Palau $5,000,000 for each of fiscal years 2017 and 2018 for deposit in an interest-bearing account to be used to reduce government arrears of the Government of Palau. ``(b) Requirement.--The implementation of this section shall be carried out in accordance with appendix B to this agreement.''. (4) Direct economic assistance.--Subsection (a) of section 4 of the Agreement is amended to read as follows: ``(a) Direct Economic Assistance.-- ``(1) In general.--In addition to economic assistance in an amount equal to $13,147,000 provided to the Government of Palau by the Government of the United States for each of fiscal years 2010 through 2016, and unless otherwise specified in this agreement or an appendix to this agreement, the Government of the United States shall provide to the Government of Palau $28,721,000 in economic assistance, as follows: ``(A) $7,500,000 for fiscal year 2017. ``(B) $6,250,000 for fiscal year 2018. ``(C) $5,000,000 for fiscal year 2019. ``(D) $4,000,000 for fiscal year 2020. ``(E) $3,000,000 for fiscal year 2021. ``(F) $2,000,000 for fiscal year 2022. ``(G) $971,000 for fiscal year 2023. ``(2) Method.--Unless otherwise specified in this agreement or in an appendix to this agreement, the funds provided for a fiscal year under this subsection shall be provided in 4 quarterly payments in an amount equal to-- ``(A) 30 percent of the total applicable amount during the first quarter; ``(B) 30 percent of the total applicable amount during the second quarter; ``(C) 20 percent of the total applicable amount during the third quarter; and ``(D) 20 percent of the total applicable amount during the fourth quarter.''. (5) Infrastructure projects.--Section 5 of the Agreement is amended to read as follows: ``SEC. 5. INFRASTRUCTURE PROJECTS. ``(a) In General.--The Government of the United States shall provide to the Government of Palau grants in a total amount equal to $40,000,000, as follows: ``(1) $8,000,000 for each of fiscal years 2017 through 2019. ``(2) $6,000,000 for fiscal year 2020. ``(3) $5,000,000 for each of fiscal years 2021 and 2022. ``(b) Use.--The Government of Palau shall use each grant provided under subsection (a) for 1 or more mutually agreed-upon infrastructure projects, in accordance with appendix C to this agreement.''. (d) Passport Requirement.--Section 141 of the Compact is amended to read as follows: ``SEC. 141. PASSPORT REQUIREMENT. ``(a) Admission.-- ``(1) In general.--Any person who meets the requirements of any category described in paragraph (2) may be admitted to, and lawfully engage in occupations and establish residence as a nonimmigrant in, the United States and its territories and possessions, without regard to paragraph (5) or (7)(B)(i)(II) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), subject to the condition that the passport presented to satisfy paragraph (7)(B)(i)(I) of that section is a valid, unexpired, machine-readable passport that satisfies the internationally accepted standard for machine readability. ``(2) Description of categories.--The categories referred to in paragraph (1) are the following: ``(A) A person who-- ``(i) on September 30, 1994, was a citizen of the Trust Territory of the Pacific Islands (as defined in title 53 of the Trust Territory Code in force on January 1, 1979); and ``(ii) has become, and remains, a citizen of Palau. ``(B) A person who acquires the citizenship of Palau, at birth, on or after the effective date of the Constitution of Palau. ``(C) A naturalized citizen of Palau who-- ``(i) has been an actual resident of Palau for not less than 5 years after attaining that naturalization; and ``(ii) holds a certificate of that actual residence. ``(3) Effect of subsection.--Nothing in this subsection-- ``(A) confers on a citizen of Palau the right-- ``(i) to establish residence necessary for naturalization under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or ``(ii) to petition for benefits for alien relatives under that Act; or ``(B) prevents a citizen of Palau from otherwise acquiring-- ``(i) a right described in subparagraph (A); or ``(ii) lawful permanent resident alien status in the United States. ``(b) Acceptance of Employment.--Any person who meets the requirements of any category described in subsection (a)(2) shall be considered to have the permission of the Secretary of Homeland Security to accept employment in the United States. ``(c) Establishment of Habitual Residence in Certain Territories and Possessions.--The right of a person who meets the requirements of any category described in subsection (a)(2) to establish habitual residence in a territory or possession of the United States may be subject to any nondiscriminatory limitation under any law (including regulations) of-- ``(1) the United States; or ``(2) the applicable territory or possession of the United States.''. (e) Continuing Programs and Laws.--Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) is amended by striking ``2009'' and inserting ``2024''.

This bill approves, with specified exceptions, the agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010, in connection with the Compact of Free Association between the United States and Palau. If Palau withdraws more than $5 million from the trust fund set up by the Compact in FY2016, or more than $8 million in FY2017, certain amounts will be withheld from Palau until it reimburses the fund for the total amounts withdrawn that exceeded $5 million in FY2016 or $8 million in FY2017. The bill authorizes appropriations to: (1) subsidize postal services to Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia for FY2017-FY2024; and (2) carry out specified federal responsibilities under the Compact through FY2023. The bill repeals specified offset requirements. Funding is provided through: FY2018 to reduce government arrears of Palau, FY2023 for additional economic assistance, and FY2024 for infrastructure projects. Funding is provided through FY2024 to create an Infrastructure Maintenance Fund for routine and periodic maintenance of major capital improvement projects. (Palau is required to provide specified quarterly amounts for the Fund.) The bill revises specified passport requirements.

A bill to approve an agreement between the United States and the Republic of Palau.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Investment in American Jobs Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) It remains an urgent national priority to improve economic growth and create new jobs. (2) National security requires economic strength and global engagement. (3) Businesses today have a wide array of choices when considering where to invest, expand, or establish new operations. (4) Administrations of both parties have consistently reaffirmed the need to promote an open investment climate as a key to domestic economic prosperity and security. (5) The United States has historically been the largest worldwide recipient of foreign direct investment but has seen its share decline in recent years. (6) The United States faces increasing competition from other countries as it works to recruit investment from global companies. (7) Foreign direct investment can benefit the economy and workforce of every State and Commonwealth in the United States. (8) According to the latest Federal statistics, the United States subsidiaries of companies headquartered abroad contribute to the United States economy in a variety of important ways, including by-- (A) providing jobs for an estimated 5,600,000 Americans, with compensation that is often higher than the national private-sector average, as many of these jobs are in high-skilled, high-paying industries; (B) strengthening the United States industrial base and employing nearly 15 percent of the United States manufacturing sector workforce; (C) establishing operations in the United States from which to sell goods and services around the world, thereby producing nearly 18 percent of United States exports; (D) promoting innovation with more than $41,000,000,000 in annual United States research and development activities; (E) paying nearly 14 percent of United States corporate income taxes; and (F) purchasing goods and services from local suppliers and small businesses worth hundreds of billions of dollars annually. (9) These companies account for 5.8 percent of United States private sector gross domestic product. (10) The Department of Commerce has initiatives in place to increase foreign direct investment. (11) The President issued a statement in 2011 reaffirming the longstanding open investment policy of the United States and encouraged all countries to pursue such a policy. (12) The President signed an executive order in 2011 to establish the SelectUSA initiative and expanded its resources and activities in 2012, so as to promote greater levels of business investment in the United States. (13) The President's Council on Jobs and Competitiveness in 2011 recommended the establishment of a National Investment Initiative to attract $1,000,000,000,000 in foreign direct investment over five years. (14) Sound transportation infrastructure, a well-educated and healthy workforce, safe food and water, stable financial institutions, a fair and equitable justice system, and transparent and accountable administrative procedures are important factors that contribute to United States global competitiveness. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the ability of the United States to attract foreign direct investment is directly linked to the long-term economic prosperity, global competitiveness, and security of the United States; (2) it is a top national priority to enhance the global competitiveness, prosperity, and security of the United States by-- (A) removing unnecessary barriers to foreign direct investment and the jobs that it creates throughout the United States; and (B) promoting policies to ensure the United States remains the premier global destination in which to invest, hire, innovate, and manufacture products; (3) maintaining the United States' commitment to open investment policy encourages other countries to reciprocate and enables the United States to open new markets abroad for United States companies and their products; (4) while foreign direct investment can enhance the Nation's economic strength, policies regarding foreign direct investment should reflect national security interests and should not disadvantage domestic investors or companies; and (5) United States efforts to attract foreign direct investment should be consistent with efforts to maintain and improve the domestic standard of living. SEC. 4. FOREIGN DIRECT INVESTMENT REVIEW. (a) Review.--The Secretary of Commerce, in coordination with the Federal Interagency Investment Working Group and the heads of other relevant Federal departments and agencies, shall conduct an interagency review of the global competitiveness of the United States in attracting foreign direct investment. (b) Specific Matters to Be Included.--The review conducted pursuant to subsection (a) shall include a review of-- (1) the current economic impact of foreign direct investment in the United States, with particular focus on manufacturing, research and development, trade, and jobs; (2) trends in global cross-border investment flows and the underlying factors for such trends; (3) Federal Government policies that are closely linked to the ability of the United States to attract and retain foreign direct investment; (4) foreign direct investment as compared to direct investment by domestic entities; (5) foreign direct investment that takes the form of greenfield investment as compared to foreign direct investment reflecting merger and acquisition activity; (6) the unique challenges posed by foreign direct investment by state-owned enterprises; (7) ongoing Federal Government efforts to improve the investment climate and facilitate greater levels of foreign direct investment in the United States; (8) innovative and noteworthy State, regional, and local government initiatives to attract foreign investment; and (9) initiatives by other countries in order to identify best practices for increasing global competitiveness in attracting foreign direct investment. (c) Limitation.--The review conducted pursuant to subsection (a) shall not address laws or policies relating to the Committee on Foreign Investment in the United States. (d) Public Comment.--Prior to-- (1) conducting the review under subsection (a), the Secretary shall publish notice of the review in the Federal Register and shall provide an opportunity for public comment on the matters to be covered by the review; and (2) reporting pursuant to subsection (e), the Secretary shall publish the proposed findings and recommendations to Congress in the Federal Register and shall provide an opportunity for public comment. (e) Report to Congress.--Not later than one year after the date of enactment of this Act, the Secretary of Commerce, in coordination with the Federal Interagency Investment Working Group and the heads of other relevant Federal departments and agencies, shall report to Congress the findings of the review required under subsection (a) and submit recommendations for increasing the global competitiveness of the United States in attracting foreign direct investment without weakening labor, consumer, financial, or environmental protections.

(This measure has not been amended since it was passed by the House on September 9, 2013. Global Investment in American Jobs Act of 2013 - Expresses the sense of Congress that: (1) U.S. ability to attract foreign direct investment is directly linked to U.S. long-term economic prosperity, global competitiveness, and security; (2) it is a top national priority to enhance U.S. global competitiveness, prosperity, and security by removing unnecessary barriers to foreign direct investment and the U.S. jobs it creates and promoting policies to ensure the United States remains the premier global destination in which to invest, hire, innovate, and manufacture products; (3) maintaining the U.S. commitment to open investment policy encourages other countries to reciprocate and enables the United States to open new markets abroad for U.S. companies and their products; (4) U.S. policies regarding foreign direct investment should reflect national security interests and should not disadvantage domestic investors or companies; and (5) U.S. efforts to attract foreign direct investment should be consistent with efforts to maintain and improve the U.S. standard of living. Directs the Secretary of Commerce, in coordination with the Federal Interagency Investment Working Group and the heads of other relevant federal agencies, to conduct an interagency review of the U.S. global competitiveness in attracting foreign direct investment and report to Congress recommendations for increasing that U.S. global competitiveness without weakening labor, consumer, financial, or environmental protections.

Global Investment in American Jobs Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Needs Assessment and Program Evaluation Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the United States and the Indian tribes have a unique legal and political government-to-government relationship; (2) under the Constitution, treaties, statutes, Executive orders, court decisions, and course of conduct of the United States, the United States has a trust obligation to provide certain services to Indian tribes and members of Indian tribes; (3) Federal agencies charged with administering programs and providing services to or for the benefit of Indian tribes and members of Indian tribes have not provided Congress adequate information necessary to assess the adequacy of the programs and services meeting the needs of Indian tribes and members of Indian tribes, hampering the ability of Congress to determine the nature, type, and magnitude of those needs or the ability of the United States to respond to those needs; and (4) Congress cannot properly fulfill its obligation to Indian tribes and Indian people unless it has an adequate store of information concerning the needs of Indian tribes and members of Indian tribes nationwide. (b) Purposes.--The purposes of this Act are-- (1) to ensure that Indian needs for Federal programs and services are known in a more certain and predictable fashion; (2) to require that Federal agencies carefully review and monitor the effectiveness of programs and services provided to Indian tribes and members of Indian tribes; (3) to provide for more efficient and effective cooperation and coordination of, and accountability from, the agencies providing programs and services, including technical and business development assistance, to Indian tribes and members of Indian tribes; and (4) to provide to Congress reliable information regarding both Indian needs and the evaluation of Federal programs and services provided to Indian tribes and members of Indian tribes nationwide. SEC. 3. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (2) Needs assessment.--The term ``needs assessment'' means an assessment of the program and service needs of Indian tribes and members of Indian tribes, that includes, at a minimum, consideration of-- (A) the population of each Indian tribe (including the population of tribal members located in the service area of an Indian tribe, where applicable); (B) the size of the service area; (C) the location of the service area; (D) the availability of similar programs within the geographical area to Indian tribes or tribal members; and (E) socioeconomic conditions that exist within the service area. (3) Program evaluation.--The term ``program evaluation'' means an evaluation report developed in accordance with section 4(b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. NEEDS ASSESSMENTS AND PROGRAM EVALUATIONS. (a) Needs Assessments.-- (1) Development of method, criteria, and procedures.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation and coordination with tribal governments and with the Secretary of Agriculture, Secretary of Commerce, Secretary of Defense, Secretary of Energy, Secretary of Labor, Attorney General, Secretary of the Treasury, Secretary of Transportation, Secretary of Veterans Affairs, Administrator of the Environmental Protection Agency, Secretary of Housing and Urban Development, Secretary of Health and Human Services, and heads of other agencies responsible for providing programs or services to or for the benefit of Indian tribes or members of Indian tribes, shall develop a uniform method, criteria, and procedures for determining, analyzing, and compiling a needs assessment. (2) Needs assessments.--Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, each Federal agency, in coordination with the Secretary, shall-- (A) conduct a needs assessment to determine the needs of Indian tribes and members of Indian tribes eligible for programs and services administered by the agency; and (B) submit to the Committee on Appropriations and Committee on Indian Affairs of the Senate and the Committee on Appropriations and the Committee on Resources of the House of Representatives a report that describes the results of the needs assessment. (b) Program Evaluations.-- (1) Development of method, criteria, and procedures.--Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a uniform method, criteria, and procedures for compiling, maintaining, updating, and reporting to Congress a program evaluation containing all information concerning-- (A) the annual expenditure by a Federal agency for programs and services for which Indian tribes and members of Indian tribes are eligible, with specific information including-- (i) the names of Indian tribes that are participating in or receiving each service; (ii) the names of Indian tribes that have applied for and not received programs or services; and (iii) the names of Indian tribes for which programs or services were terminated within the preceding fiscal year; (B) programs or services specifically for the benefit of Indian tribes and members of Indian tribes, with specific information including-- (i) the names of Indian tribes that are currently participating in or receiving each program or service; (ii) the names of Indian tribes that have applied for and not received programs or services; and (iii) the names of Indian tribes for which programs or services were terminated within the preceding fiscal year; and (C) the methods of delivery of the programs and services, including a detailed explanation of the outreach efforts of each agency to Indian tribes. (2) Program evaluations.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, each Federal agency responsible for providing programs or services for the benefit of Indian tribes or members of Indian tribes shall submit to the Committee on Appropriations and the Committee on Indian Affairs of the Senate and the Committee on Appropriations and the Committee on Resources of the House of Representatives a report that describes the results of the program evaluation. (c) Annual Listing of Tribal Eligible Programs.--On or before February 1 of each year, each Federal agency described in subsection (b)(2) shall publish in the Federal Register-- (1) a list of all programs and services offered by the agency for which Indian tribes or members of Indian tribes are or may be eligible; and (2) a brief explanation of the program or service. SEC. 5. REPORT ON COORDINATION OF PROGRAMS AND SERVICES. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Appropriations and the Committee on Indian Affairs of the Senate and the Committee on Appropriations and the Committee on Resources of the House of Representatives a report detailing the coordination of Federal programs and service assistance for which Indian tribes and members of Indian tribes are eligible. (b) Strategic Plan.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, after consultation and coordination with the Indian tribes, the Secretary shall submit to the Committee on Appropriations and the Committee on Indian Affairs of the Senate and the Committee on Appropriations and the Committee on Resources of the House of Representatives a strategic plan for the coordination of Federal assistance for Indian tribes and members of Indian tribes. (2) Contents of strategic plan.--The strategic plan under paragraph (1) shall contain-- (A) an identification of reforms necessary to the laws (including regulations), policies, procedures, practices, and systems of the agencies responsible for providing programs or services for the benefit of Indian tribes or members of Indian tribes; (B) proposals for remedying the reforms identified in the plan; and (C) other recommendations consistent with the purposes of this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for each fiscal year such sums as are necessary to carry out this Act.

Indian Needs Assessment and Program Evaluation Act of 2003 - Directs the Secretary of the Interior to develop a uniform method, criteria, and procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians. Requires Federal agencies to conduct Indian needs assessments to determine the actual needs of tribes and Indians eligible for programs and services administered by such departments and agencies. Directs the Secretary to develop a uniform method, criteria, and procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning: (1) annual Federal expenditures for programs and services for which Indians are eligible; (2) services or programs specifically for the benefit of Indians; and (3) methods of delivery of services and funding. Requires Federal departments and agencies responsible for providing services or programs to or for the benefit of tribes or Indians to: (1) file annual Indian program evaluations with specified congressional committees; and (2) publish annual listings in the Federal Register of all agency programs and services for which Indian tribes may be eligible. Directs the Secretary to file a strategic plan for the coordination of Federal assistance for Indians.

A bill to provide for periodic Indian needs assessments, to require Federal Indian program evaluations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student, Teachers, and Officers Preventing School Violence Act of 2018'' or the ``STOP School Violence Act of 2018''. SEC. 2. GRANT PROGRAM FOR SCHOOL SECURITY. Part AA of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10551 et seq.) is amended-- (1) in section 2701 (34 U.S.C. 10551)-- (A) in subsection (a), by striking ``, including the placement and use of metal detectors and other deterrent measures,'' and inserting ``through evidence- based training, technology, and equipment and technical assistance to prevent violence''; (B) in subsection (b)-- (i) by striking paragraphs (2) and (3); (ii) by redesignating paragraph (1) as paragraph (2); (iii) by inserting before paragraph (2), as so redesignated, the following: ``(1) Evidence-based training to prevent student violence against others and self, including training for local law enforcement officers, school personnel, and students.''; (iv) in paragraph (2), as so redesignated, by striking ``Placement'' and inserting the following: ``Evidence-based technology and equipment to improve school security and prevent school violence, including-- ``(i) the development and operation of anonymous reporting systems for threats of school violence, including mobile telephone applications, hotlines, and Internet websites; and ``(ii) placement''; (v) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; (vi) in paragraph (3), as so redesignated-- (I) by inserting ``evidence-based school threat assessment and'' after ``operation of''; (II) by inserting ``and school personnel,'' after ``law enforcement agencies''; and (III) by striking ``specialized'' and inserting ``evidence-based''; and (vii) by striking paragraph (6); (C) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; (D) by inserting after subsection (b) the following: ``(c) Contracts and Subawards.--A State, unit of local government, or Indian tribe may, in using a grant under this part for purposes authorized under subsection (b), use the grant to contract with or make one or more subawards to one or more-- ``(1) schools or local education agencies; ``(2) nonprofit organizations; or ``(3) units of local government or tribal organizations.''; (E) in subsection (e), as so redesignated-- (i) in paragraph (1), by striking ``50 percent'' and inserting ``75 percent''; and (ii) by striking paragraph (3); and (F) in subsection (f), as so redesignated, by adding at the end the following: ``In awarding grants under this part, the Director shall also ensure, to the extent practicable and consistent with the individualized needs of each school at which improvements are to be made, an equitable distribution, in the aggregate, of funds among the uses specified in subsection (b).''; (2) in section 2702 (34 U.S.C. 10552)-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in subparagraph (A), by inserting ``, including the process used by the applicant to identify and assess evidence-based programs, practices, technology, or equipment to be funded under the grant'' after ``grant''; and (II) in subparagraph (B), by striking ``and'' at the end; (ii) in paragraph (2)-- (I) in the matter preceding subparagraph (A)-- (aa) by striking ``individuals not limited to''; (bb) by inserting ``and other relevant individuals'' after ``officers''; and (cc) by striking ``child psychologists'' and inserting ``licensed mental health professionals''; and (II) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: ``(3) include an assurance that the applicant shall maintain and report such data, records, and information (programmatic and financial) as the Director may reasonably require; and ``(4) include a certification, made in a form acceptable to the Director, that-- ``(A) the programs to be funded by the grant meet all the requirements of this part; ``(B) all the information contained in the application is correct; and ``(C) the applicant will comply with all provisions of this part and all other applicable Federal laws.''; and (B) in subsection (b), by striking ``this part'' and inserting ``the STOP School Violence Act of 2018''; (3) in section 2703 (34 U.S.C. 10553)-- (A) in the section heading, by inserting ``; grant accountability'' after ``congress''; (B) by striking ``Not later'' and inserting the following: ``(a) Annual Report.--Not later''; and (C) by adding at the end the following: ``(b) Grant Accountability.--Section 3026 (relating to grant accountability) shall apply to grants awarded by the Director under this part. For purposes of the preceding sentence, any references in section 3026 to the Attorney General shall be considered references to the Director and any references in that section to part LL shall be considered references to part AA.''; (4) in section 2704 (34 U.S.C. 10554)-- (A) in paragraph (1)-- (i) by striking ``a public'' and inserting ``an''; and (ii) by inserting ``, including a Bureau- funded school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021))'' after ``secondary school''; (B) in paragraph (2), by striking ``and'' at the end; (C) in paragraph (3), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(4) the term `evidence-based' means a program, practice, technology, or equipment that-- ``(A) demonstrates a statistically significant effect on relevant outcomes based on-- ``(i) strong evidence from not less than 1 well-designed and well-implemented experimental study; ``(ii) moderate evidence from not less than 1 well-designed and well-implemented quasi- experimental study; or ``(iii) promising evidence from not less than 1 well-designed and well-implemented correlational study with statistical controls for selection bias; ``(B) demonstrates a rationale based on high- quality research findings or positive evaluation that such program, practice, technology, or equipment is likely to improve relevant outcomes, and includes ongoing efforts to examine the effects of the program, practice, technology, or equipment; or ``(C) in the case of technology or equipment, demonstrates that use of the technology or equipment is-- ``(i) consistent with best practices for school security, including-- ``(I) applicable standards for school security established by a Federal or State government agency; and ``(II) findings and recommendations of public commissions and task forces established to make recommendations or set standards for school security; and ``(ii) compliant with all applicable codes, including building and life safety codes; and ``(5) the term `tribal organization' has the same meaning given the term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(l)).''; and (5) in section 2705-- (A) by striking ``There are'' and inserting the following: ``(a) In General.--There are''; (B) by striking ``part $30,000,000 for each of fiscal years 2001 through 2009'' and inserting the following: ``part-- ``(1) $75,000,000 for fiscal year 2018; and ``(2) $100,000,000 for each of fiscal years 2019 through 2028.''; and (C) by adding at the end the following: ``(b) Offset.--Any funds appropriated under this section may be offset by an equal reduction in the funds appropriated, if any, for the Comprehensive School Safety Initiative of the National Institute of Justice. ``(c) Rules of Construction.-- ``(1) None of the funds appropriated to carry out this part may be used to provide firearms or training in the use of firearms. ``(2) Nothing in this part shall be construed to prohibit any other existing or future law from permitting or funding the provision of firearms or training in the use of firearms.''.

Student, Teachers, and Officers Preventing School Violence Act of 2018 or the STOP School Violence Act of 2018 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and reauthorize through FY2028 the Secure Our Schools grant program.

Student, Teachers, and Officers Preventing School Violence Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Security Act''. SEC. 2. PURPOSES. It is the purpose of this Act to provide for the establishment of demonstration projects designed to determine the effectiveness of-- (1) certain activities by community residents in coordination with the local police department in preventing and removing violent crime and drug trafficking from the community; (2) such activities in increasing economic development in the community; and (3) such activities in preventing or ending retaliation by perpetrators of crime against community residents engaged in these activities. SEC. 3. DEMONSTRATION GRANT AUTHORITY. (a) Demonstration Authority.--Not later than 16 months after the date of enactment of this Act, the Secretary shall award grants under this Act. Grants shall be awarded annually under this section and shall be for a period of 4 years. (b) Limitation on Grant Amounts.--The amount of each grant awarded under this Act shall not be less than $25,000 nor more than $100,000. (c) Reduction in Amount.--Amounts provided under a grant awarded under this Act for a fiscal year shall be reduced in proportion to any reduction in the amounts appropriated under this Act for such fiscal year as compared to the amounts appropriated for the prior fiscal year. (d) Unused Portion of Grant Funds.--Any unused portion of a grant awarded under this section shall, upon the termination of such grant, be transferred to the Secretary for redistribution in the subsequent fiscal year or for repayment to the Department of the Treasury. SEC. 4. APPLICATION. (a) Submission.--To be eligible to receive a grant under section 3, a qualified entity shall, not later than 12 months after the date of enactment of this Act, submit to the Secretary an application to conduct a demonstration project under this Act. (b) Content.--An application submitted under subsection (a) shall be in such form and contain such information as the Secretary shall require, including-- (1) an agreement with the local police department to coordinate and assist in the prevention and removal of violent crime and drug trafficking from the target community; (2) a plan detailing the nature and extent of coordination and assistance to be provided by the local police department, project participants, and the applicant; and (3) a description of the strategy of the community for the physical and economic development of the community. (c) Criteria.--In considering whether to approve an application submitted under this section, the Secretary shall consider-- (1) the degree to which the project described in the application will support existing community economic development activities by preventing and removing violent crime and drug trafficking from the community; (2) the demonstrated record of project participants with respect to economic and community development activities; (3) the ability of the applicant to responsibly administer the project; (4) the ability of the applicant to assist and coordinate with project participants to achieve economic development and prevent and remove violent crime and drug trafficking in the community; (5) the adequacy of the plan to assist and coordinate with the local police department in preventing and removing violent crime and drug trafficking in the community; (6) the consistency of the application with the eligible activities and the uses for the grant under this Act; (7) the aggregate amount of funds from non-Federal (public and private sector) sources that are formally committed to the project; (8) the adequacy of the plan for providing information relevant to an evaluation of the project to the independent research organization; and (9) such other factors as may be determined appropriate by the Secretary. (d) Preferences.--In considering an application submitted under this section, the Secretary shall give preference to an applicant that demonstrates a commitment to work with project participants and a local police department in a community with-- (1) an enterprise zone or enterprise community designation or an area established pursuant to any consolidated planning process for use of Federal housing and community development funds; (2) significant rates of violent crime and drug trafficking, as determined by the Secretary; and (3) at least one non-profit community development corporation or similar organization that is willing to and capable of increasing economic development. (e) Approval.--Not later than 15 months after the date of enactment of this Act, the Secretary shall, on competitive basis, approve or disapprove of the applications submitted under this section. SEC. 5. ELIGIBLE ACTIVITIES. (a) Activities.--Amounts provided under a grant awarded under this Act shall be used for the following activities: (1) Citizen patrols by car or by foot intended to prevent violent crime and eradicate open market or street sales of controlled substances. (2) Block watch activities, including identification of property for purposes of retrieving stolen goods, camera surveillance to identify drug traffickers and their customers, protection of evidence to ensure evidence is not lost or destroyed prior to police arrival, and computer linkages among organizations and the police to identify hot spots and speed the dissemination of information. (3) Property modification programs, including securing buildings and residences to prevent burglary, and structural changes, such as the construction of fences, to parks or buildings to prevent drug sales or other criminal activity in those areas. (4) Squatter eviction programs aimed at notifying public authorities of trespassers in abandoned buildings used as crack houses or heroin shooting galleries and increasing efforts to remove such squatters. (5) Expansion of community liaisons with the police, including expanding the community's role in community policing activities. (6) Developing and expanding programs to prevent or end retaliation by perpetrators of crime against project participants. (7) Other activities consistent with the purposes of this Act. (b) Additional Activities.--Amounts provided under a grant awarded under this Act may be used for additional activities in support of the activities described in subsection (a), including-- (1) the purchase of equipment or supplies, including cameras, video cameras, walkie-talkies, and computers; (2) the training of project participants; and (3) the hiring of staff for grantees or project participant organizations to assist in coordinating activities among project participants and with the local police department. SEC. 6. LOCAL CONTROL OVER PROJECTS. Except as provided in regulations promulgated under the succeeding sentence, each organization authorized to conduct a demonstration project under this Act shall have exclusive authority over the administration of the project. The Secretary may prescribe such regulations with respect to such demonstration projects as are expressly authorized or as are necessary to ensure compliance with approved applications and this Act. SEC. 7. MONITORING OF GRANTEES. (a) In General.--The Secretary shall monitor grantees to ensure that the projects conducted under the grants are being carried out in accordance with this Act. Each grantee, and each entity which has received funds from a grant made under this Act, shall make appropriate books, documents, papers, and records available to the Secretary for examination, copying, or mechanical reproduction on or off the premises of the entity upon a reasonable request therefore. (b) Withholding, Termination or Recapture.--The Secretary shall, after adequate notice and an opportunity for a hearing, withhold, terminate, or recapture any funds due, or provided to and unused by, an entity under a grant awarded under this Act if the Secretary determines that such entity has not used any such amounts in accordance with the requirements of this Act. The Secretary shall withhold, terminate, or recapture such funds until the Secretary determines that the reason for the withholding, termination, or recapture has been removed and there is reasonable assurance that it will not recur. (c) Complaints.--The Secretary shall respond in an expeditious manner to complaints of a substantial or serious nature that an entity has failed to use funds provided under this Act in accordance with the requirements of this Act. SEC. 8. REPORTS AND AUDITS. (a) Reports.--Not later than 3 months after the termination of a grant under this Act, the grantee shall prepare and submit to the Secretary a report containing such information as may be required by the Secretary. (b) Audits.--The Secretary shall annually audit the expenditures of each grantee under this Act from payments received under grants awarded under this Act. Such audits shall be conducted by an entity independent of any agency administering a program funded under this Act and, in so far as practical, in accordance with the Comptroller General's standards for auditing governmental organizations, programs, activities, and functions. SEC. 9. EVALUATIONS. (a) In General.--Not later than 16 months after the date of enactment of this Act, the Secretary shall enter into a contract with an independent research organization under which such organization, in accordance with this section, conducts an evaluation of the demonstration projects, individually and as a group, conducted under this Act. (b) Research Questions.--In evaluating a demonstration project conducted under this Act, the organization described in subsection (a) shall address the following: (1) What activities and uses most effectively involve project participants in the activities and uses under this Act (with effectiveness measured, for example, by duration of participation, frequency of participation, and intensity of participation). (2) What activities and uses are most effective in preventing or removing violent crime and drug trafficking from a target community. (3) What activities and uses are most effective in supporting or promoting economic development in a target community. (4) What activities and uses are most effective in increasing coordination and assistance between project participants and with the local police department. (5) What activities and uses are most effective in preventing or ending retaliation by perpetrators of crime against project participants. (c) Funding.--Of the funds appropriated under this Act, the Secretary shall set aside not less than 1 percent and not more than 3 percent for the evaluations required under this section. (d) Report to Congress.--Not later than 6 months after the date on which the last grant under this Act terminates, the Secretary shall prepare and submit to the appropriate committees of the Congress a summary of each evaluation conducted under this section. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $10,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000. SEC. 11. DEFINITIONS. As used in this Act: (1) Community.--The term ``community'' means a contiguous geographic area within a large urban district or encompassing a small urban or other nonurban area. (2) Drug trafficking.--The term ``drug trafficking'' means any offense that could be prosecuted under the Controlled Substances Act (21 U.S.C. 801, et seq.). (3) Economic development.--The term ``economic development'' means revitalization and development activities, including business, commercial, housing, and employment activities, that benefit a community and its residents. (4) Grantee.--The term ``grantee'' means a qualified entity that receives a grant under this Act. (5) Project participant.--The term ``project participant'' means any individual or private-sector group in a community participating in any of the activities established under a demonstration grant under this Act. (6) Qualified entity.--The term ``qualified entity'' means a non-profit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under the Internal Revenue Code of 1986. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (8) Violent crime.--The term ``violent crime'' has the same meaning as the term ``crime of violence'' in title 18 of the United States Code.

Neighborhood Security Act - Directs the Secretary of Health and Human Services to award grants to qualified entities for the establishment of demonstration projects designed to determine the effectiveness of certain activities by community residents in coordination with local police in preventing and removing violent crime and drug trafficking from the community, increasing economic development in the community, and preventing or ending retaliation by perpetrators of crime against community residents. Sets forth provisions regarding: (1) the period of grant awards; (2) limits on grant amounts; (3) reductions in awards; and (4) unused portion of grant funds. Establishes application requirements, including: (1) an agreement with the local police department to coordinate and assist in the prevention and removal of violent crime and drug trafficking in the target community; (2) a plan detailing the nature and extent of coordination and assistance to be provided by such department, project participants, and the applicant; and (3) a description of the strategy of the community for the physical and economic development of the community. Sets forth provisions regarding: (1) criteria in considering applications; (2) preferences to specified applicants; and (3) approval procedures. Includes among eligible activities under grants awarded under this Act certain: (1) citizen patrols; (2) block watch activities; (3) property modification programs; (4) squatter eviction programs; (5) expansion of community liaisons with the police; and (6) development and expansion of programs to prevent or end retaliation by perpetrators of crime against project participants. Grants each organization authorized to conduct a demonstration project exclusive authority over the administration of the project, except that the Secretary may prescribe necessary regulations to ensure compliance with approved applications and this Act. Requires the Secretary to monitor grantees to ensure that the projects conducted under the grants are being carried out in accordance with this Act. Sets forth provisions regarding withholding, termination, or recapture of funds, as well as complaints, reports, and auditing requirements. Directs the Secretary to enter into a contract with an independent research organization to evaluate demonstration projects, individually and as a group. Sets forth provisions regarding research questions, funding, and reporting requirements. Authorizes appropriations.

Neighborhood Security Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Safety Act of 1996''. SEC. 2. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Passenger cab car.--The term ``passenger cab car'' means the leading cab car on a passenger train that does not have a locomotive or safety locomotive at the front of the train. (2) Railroad carrier.--The term ``railroad carrier'' has the same meaning as in section 20102(2) of title 49, United States Code. (3) Safety locomotive.--The term ``safety locomotive'' means a cab-car locomotive (whether operational or not) that is used at the front of a rail passenger train to promote passenger safety. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (5) Train employee.--The term ``train employee'' has the same meaning as in section 21101(5) of title 49, United States Code. SEC. 3. HOURS OF SERVICE. (a) Amendment.--Section 21103 of title 49, United States Code, is amended to read as follows: ``Sec. 21103. Limitations on duty hours of train employees ``(a) Regulations.--The Secretary of Transportation shall promulgate regulations concerning limitations on duty hours of train employees that contain-- ``(1) requirements concerning hours of work for train employees and interim periods available for rest that are no less stringent than the applicable requirements under this section, as in effect on the day before the date of enactment of the Rail Safety Act of 1996; and ``(2) any other related requirements that the Secretary determines to be necessary to protect public safety. ``(b) Negotiated Rulemaking.--In promulgating regulations under this section, the Secretary shall use negotiated rulemaking in accordance with the procedures under subchapter III of chapter 5 of title 5, United States Code, unless the Secretary determines that the use of that process is not appropriate.''. (b) Promulgation.--The Secretary shall promulgate the regulations described in section 21103 of title 49, United States Code, as amended by subsection (a), within 180 days after the date of enactment of this Act. (c) Continued Effect of Requirements.--The requirements stated in section 21103 of title 49, United States Code, as in effect on the day before the date of enactment of this Act, shall continue in effect until the Secretary promulgates final regulations under subsection (b). SEC. 4. SATELLITE-BASED POSITIVE TRAIN CONTROL SYSTEMS. (a) Study and Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall complete and transmit to the Congress a report detailing the results of a study to determine the feasibility of requiring satellite-based positive train control systems in the United States by January 1, 2001. (b) Time Frame for Operation.-- (1) Determination of practicability.--Upon completion of the study conducted under subsection (a), the Secretary shall determine whether the installation of effective satellite-based positive train control systems referred to in subsection (a) could be accomplished practicably by January 1, 2001. (2) Automated train control systems requirement.--Within 180 days after the completion of the study conducted under subsection (a), the Secretary shall promulgate regulations to require, as soon as practicable after the promulgation of the regulations, the use of automated train control systems that are available at that time. (3) Waivers.--If the appropriate official of a railroad carrier establishes, to the satisfaction of the Secretary, and in a manner specified by the Secretary, that the railroad carrier will have in operation a satellite-based positive train control system by January 1, 2001, the Secretary shall waive for that railroad carrier the application of the regulations promulgated under paragraph (2), subject to terms and conditions established by the Secretary. (4) Exceptions and conditions.--In promulgating regulations under this subsection, the Secretary shall provide for any exceptions or conditions that the Secretary determines to be necessary. (5) Monitoring.--If the Secretary issues a waiver for a railroad carrier under paragraph (3), the railroad carrier shall, during the period that the waiver is in effect, provide such information to the Secretary as the Secretary determines to be necessary to monitor the compliance of the railroad carrier with the terms and conditions of the waiver, including information concerning the progress of the railroad carrier in achieving an operational satellite-based positive train control system. (6) Revocation of waivers.--If, at any time during the period that a waiver issued under paragraph (3) is in effect, the Secretary determines that the railroad carrier issued the waiver is not meeting the terms or conditions of the waiver, or is not likely to have in operation a satellite-based positive train control system by January 1, 2001, the Secretary shall revoke the waiver. SEC. 5. AUTOMATIC TRAIN ESCAPE DEVICE STUDY. (a) Study.--Not later than 1 year after the date of enactment of this Act, the Secretary shall complete and transmit to the Congress a report detailing the results of a study of the technical, structural, and economic feasibility of installing in rail passenger cars devices which, in the event of a collision, would automatically provide passenger escape access. (b) Regulations.--If the Secretary finds in the study that automatic train escape devices should be required on rail passenger trains, the Secretary shall, not later than 180 days after the date the report is submitted to Congress under subsection (a), promulgate regulations to require automatic train escape devices on rail passenger trains as soon as practicable after the promulgation of the regulations. SEC. 6. EMERGENCY SAFETY PRECAUTIONS. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary shall determine what regulations are necessary to increase the ability of passengers to escape from a rail car in the event of an emergency. The Secretary shall consider whether regulations are necessary to require-- (1) emergency lighting in each rail car; (2) emergency windows that are clearly marked and operate easily; (3) doors that are easy to operate in an emergency situation; (4) clear emergency procedure instructions to be prominently displayed in all rail passenger cars; and (5) public address announcements at each train stop that direct passengers to emergency procedure instructions displayed in each car. (b) Regulations.--If the Secretary determines that promulgating any of the regulations referred to in subsection (a) is necessary, the Secretary shall promulgate such regulations, to take effect as soon as practicable after the promulgation of the regulations. SEC. 7. LOCOMOTIVE FUEL TANKS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish, by regulation, minimum safety standards for fuel tanks of locomotives of rail passenger trains that take into consideration environmental protection and public safety. (b) Applicability.--The Secretary may limit the applicability of the regulations promulgated under subsection (a) to new locomotives (as defined by the Secretary) if the Secretary determines that the limitation is appropriate. SEC. 8. PASSENGER CAR CRASHWORTHINESS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall determine whether to promulgate regulations, for the purpose of protecting public safety, to-- (1) require crash posts at the corners of rail passenger cars; (2) require safety locomotives on rail passenger trains; (3) establish minimum crashworthiness standards for passenger cab cars; or (4) carry out any combination of paragraphs (1) through (3). (b) Regulations.--If the Secretary determines that promulgating any of the regulations referred to in subsection (a) is necessary to protect public safety, the Secretary shall, not later than 18 months after the date of enactment of this Act, promulgate such regulations in final form, to take effect as soon as practicable after the promulgation of the regulations. (c) Report.--If the Secretary determines under subsection (a) that taking any action referred to in paragraphs (1) through (3) of such subsection is not necessary to protect public safety, not later than the date of the determination the Secretary shall submit a report to the Congress that provides the reasons for that determination. SEC. 9. SIGNAL PLACEMENT. (a) Study.--Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a study of the placement of rail signals along railways. In conducting the study, the Secretary shall at a minimum determine whether regulations should be promulgated to require-- (1) that a signal be placed along a railway at each exit of a rail station; and (2) if practicable, that a signal be placed so that it is visible only to the train employee of a train that the signal is designed to influence. (b) Regulations.--If, upon completion of the study conducted under subsection (a), the Secretary determines that the regulations referred to in that subsection are necessary for the protection of public safety, the Secretary shall, not later than 180 days after the completion of the study, promulgate those regulations. (c) Report.--If, upon completion of the study conducted under subsection (a), the Secretary determines that promulgating any of the regulations referred to in that subsection is not necessary for the protection of public safety, not later than the date of the determination the Secretary shall submit a report to the Congress that provides the reasons for that determination.

Rail Safety Act of 1996 - Amends Federal transportation law to direct the Secretary of Transportation to promulgate regulations concerning limitations on duty hours of train employees that are no less stringent than those under specified existing Federal transportation law. Directs the Secretary to study and report to the Congress on: (1) the feasibility of requiring satellite-based positive train control systems in the United States by January 1, 2001; and (2) the technical, structural, and economic feasibility of installing in rail passenger cars devices which, in the event of a collision, would automatically provide passenger escape access. Directs the Secretary, to the extent feasibility is determined, to promulgate regulations requiring installation of such control systems and train escape devices by specified dates. Directs the Secretary to: (1) determine what regulations are necessary to increase the ability of passengers to escape from a rail car in the event of an emergency; and (2) if necessary, promulgate them, to take effect as soon as practicable. Directs the Secretary to establish, by regulation, minimum safety standards for fuel tanks of locomotives of rail passenger trains that take into consideration environmental protection and public safety. Directs the Secretary to determine, and report to the appropriate congressional committees, whether to promulgate regulations for public safety purposes to: (1) require crash posts at the corners of rail passenger cars; (2) require safety locomotives on rail passenger trains; (3) establish minimum crash-worthiness standards for passenger cab cars; or (4) carry out any combination of the above. Directs the Secretary to: (1) study whether to promulgate regulations requiring placement of rail signals along railways in specified positions; and (2) promulgate such regulations if the requirement is determined necessary. Requires a report to the Congress if such placement is determined unnecessary.

Rail Safety Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Partner Health Benefits Equity Act''. SEC. 2. EXTENSION OF EXCLUSION FOR AMOUNTS RECEIVED BY AN EMPLOYEE THROUGH ACCIDENT OR HEALTH INSURANCE AS REIMBURSEMENT FOR EXPENSES FOR MEDICAL CARE. (a) In General.--Section 105(b) of the Internal Revenue Code of 1986 (relating to amounts expended for medical care) is amended by adding at the end the following new sentence: ``For the purposes of this subsection, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the employer's accident or health insurance arrangement.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. EXTENSION OF EXCLUSION FOR CONTRIBUTIONS BY EMPLOYER TO ACCIDENT AND HEALTH PLANS. (a) In General.--Section 106 of the Internal Revenue Code of 1986 (relating to contributions by employer to accident and health plans) is amended by adding at the end the following new subsection: ``(e) Coverage Provided for Eligible Beneficiaries of Employees.-- Subsection (a) shall not fail to apply by reason of the coverage of an eligible beneficiary as defined in the employer's accident or health plan.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 4. EXTENSION OF DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF- EMPLOYED INDIVIDUALS. (a) In General.--Paragraph (1) of section 162(l) of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self-employed individuals) is amended to read as follows: ``(1) Allowance of deduction.--In the case of an individual who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer, his spouse, and dependents. For the purposes of this subparagraph, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the insurance arrangement which constitutes medical care.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 5. EXTENSION OF SICK AND ACCIDENT BENEFITS PROVIDED TO MEMBERS OF A VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION AND THEIR DEPENDENTS. (a) In General.--Section 501(c)(9) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by adding at the end the following new sentence: ``For purposes of providing for the payment of sick and accident benefits to members of such an association and their dependents, the term `dependents' shall include any individual who is an eligible beneficiary as determined under the terms of a medical benefit, health insurance, or other program under which members and their dependents are entitled to sick and accident benefits.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 6. AMENDMENTS TO VARIOUS DEFINITIONS. (a) FICA.-- (1) In general.--Section 3121 of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new subsection: ``(z) Exclusion of Certain Amounts From Wages.--For purposes of applying subsection (a) with respect to expenses described in paragraph (2)(B) of such subsection, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer.''. (2) Conforming amendment.--Section 209 of the Social Security Act (42 U.S.C. 409) is amended by adding at the end the following new subsection: ``(l) For purposes of applying subsection (a) with respect to medical or hospitalization expenses described in paragraph (2) thereof, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer.''. (b) Railroad Retirement.-- (1) In general.--Section 3231(e) of the Internal Revenue Code of 1986 (defining compensation) is amended by adding at the end the following new paragraph: ``(13) Treatment of certain dependents.--For purposes of applying this subsection with respect to medical or hospitalization expenses described in paragraph (1)(I), the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer.''. (2) Conforming amendment.--Section 1(h) of the Railroad Retirement Act of 1974 (45 U.S.C. 231(h)) is amended by adding at the end the following new paragraph: ``(9) For purposes of applying this subsection, with respect to medical or hospitalization expenses described in paragraph (6)(v), the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer.''. (c) FUTA.--Section 3306 of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new subsection: ``(v) Exclusion of Certain Amounts From Wages.--For purposes of applying subsection (b) with respect to expenses described in paragraph (2)(B) of such subsection, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer.''. (d) Effective Date.--The amendments made by this section shall apply to remuneration paid after December 31, 2005.

Domestic Partner Health Benefits Equity Act - Amends the Internal Revenue Code, with respect to certain employer-provided health care benefits, to provide for the treatment of domestic partners on an equal basis with spouses and dependents by designating as a dependent any individual who is an eligible beneficiary under an employer's health care benefits plan.

A bill to amend the Internal Revenue Code of 1986 to extend the exclusion from gross income for employer-provided health coverage to designated plan beneficiaries of employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Soldier Prevention Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the September 7, 2005, report to the United Nations General Assembly by the Special Representative of the Secretary General for Children and Armed Conflict, ``In the last decade, two million children have been killed in situations of armed conflict, while six million children have been permanently disabled or injured. Over 250,000 children continue to be exploited as child soldiers and tens of thousands of girls are being subjected to rape and other forms of sexual violence.''. (2) According to the Center for Emerging Threats and Opportunities (CETO), Marine Corps Warfighting Laboratory, ``The Child Soldier Phenomenon has become a post-Cold War epidemic that has proliferated to every continent with the exception of Antarctica and Australia.''. (3) Many of the children currently serving in armed forces or paramilitaries were forcibly conscripted through kidnapping or coercion, while others joined military units due to economic necessity, to avenge the loss of a family member, or for their own personal safety. (4) Some military and militia commanders force child soldiers to commit gruesome acts of ritual killings or torture, including acts of violence, against other children. (5) Many female child soldiers face the additional psychological and physical horrors of rape and sexual abuse, enslavement for sexual purposes by militia commanders, and severe social stigma should they return home. (6) Some military and militia commanders target children for recruitment because of their psychological immaturity and vulnerability to manipulation and indoctrination. Children are often separated from their families in order to foster dependence on military units and leaders. Consequently, many of these children suffer from deep trauma and are in need of psychological counseling and rehabilitation. (7) Child soldiers are exposed to hazardous conditions and are at risk of physical injury and disability, psychological trauma, sexually transmitted diseases, respiratory and skin infections, and often death. (8) On May 25, 2000, the United Nations adopted and opened for signature, ratification, and accession the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, which establishes 18 as the minimum age for conscription, forced recruitment, or direct participation in hostilities. (9) On June 18, 2002, the Senate unanimously approved the resolution advising and consenting to the ratification of the Optional Protocol. (10) On December 23, 2002, the United States presented the ratified optional protocol to the United Nations. (11) One hundred and six governments worldwide have ratified the optional protocol, establishing a clear international norm prohibiting the use of children in combat. (12) It is in the national and security interests of the United States to reduce the chances that members of the United States Armed Forces will be forced to encounter children in combat situations. (13) Section 502B(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(3)) provides that ``the President is directed to formulate and conduct international security assistance programs of the United States in a manner which will promote and advance human rights and avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms, in violation of international law or in contravention of the policy of the United States as expressed in this section or otherwise.''. SEC. 3. CHILD SOLDIER DEFINED. In this Act, the term ``child soldier'' means-- (1) any person under the age of 18 years old who is-- (A) forcibly recruited or conscripted-- (i) to serve in any type of regular or irregular armed force or armed group in any capacity, including in a support role such as cook, porter, or messenger; or (ii) to accompany such a force or group, other than as a direct family member; or (B) serving in hostilities as part of a regular armed force or armed group; and (2) any person under the age of 16 years old serving in any capacity as part of a regular or irregular armed force or armed group. SEC. 4. STATEMENT OF CONGRESS; SENSE OF CONGRESS. (a) Statement of Congress.--Congress condemns the conscription, forced recruitment, or use of children by governments, paramilitaries, or other organizations in hostilities. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States should support and, where practicable, lead efforts to establish and uphold international standards designed to end the conscription, forced recruitment, or use of children by governments, paramilitaries, or other organizations in hostilities; (2) the United States should expand ongoing services to rehabilitate recovered child soldiers and to reintegrate them back into their communities by-- (A) offering ongoing psychological services to help victims recover from their trauma and relearn how to deal with others in nonviolent ways such that they are no longer a danger to their community; and (B) facilitating reconciliation with their communities through negotiations with traditional leaders and elders to enable recovered abductees to resume normal lives in their communities; (3) the United States should work with the international community on efforts to bring to justice rebel organizations that kidnap children for use as child soldiers, such as the Lord's Resistance Army (LRA) in Uganda, Fuerzas Armadas Revolucionarias de Colombia (FARC), and the Communist Party of Nepal (CPN), including through regional cooperation, where feasible, to arrest the leaders of such groups and recover those children who have been abducted; (4) United States diplomatic missions in countries in which governments use or tolerate child soldiers should develop, as part of annual program planning, strategies to promote efforts to end the conscription, forced recruitment, or use of children by governments, paramilitaries, or other organizations in hostilities; and (5) in allocating or recommending the allocation of funds or recommending candidates for programs and grants funded by the United States, United States diplomatic missions should give particular consideration to those programs and candidates deemed to promote the end to the conscription, forced recruitment, or use of children by governments, paramilitaries, or other organizations in hostilities. SEC. 5. PROHIBITION. (a) In General.--Subject to subsections (b), (c), and (d), none of the funds appropriated or otherwise made available for international military education and training, foreign military financing, foreign military sales, direct commercial sales, or excess defense articles by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102) or any other Act making appropriations for foreign operations, export financing, and related programs may be obligated or otherwise made available to the government of a country that is clearly identified by the Department of State in the Department of State's most recent Country Reports on Human Rights Practices as having governmental armed forces or government supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use child soldiers. (b) Notification to Countries in Violation of the Standards of This Act.--Not later than March 15 of each year, the Secretary of State shall formally notify any government identified pursuant to subsection (a). (c) National Interest Waiver.-- (1) Waiver.--The President may waive the application to a country of the prohibition described in subsection (a) if the President determines that such waiver is in the national interest of the United States. (2) Publication and notification.--The President shall publish in the Federal Register each waiver granted under paragraph (1) and shall notify the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate of each such waiver, including the justification for such waiver, in accordance with the regular notification procedures of such Committees. (d) Reinstatement of Assistance.--The President may provide to a country assistance otherwise prohibited under subsection (a) upon the submission of a certification to Congress that the government of such country-- (1) is implementing effective measures to come into compliance with the standards of this Act; and (2) is implementing effective policies and mechanisms to prohibit and prevent future placement of children in combat roles and to ensure that no children are recruited before the age of 16 years old or forcibly recruited or conscripted before the age of 18 years old. (e) Exception for Programs Directly Related to Addressing the Problem of Child Soldiers.-- (1) In general.--The President may provide to a country assistance for international military education and training otherwise prohibited under subsection (a) upon certifying to Congress that the assistance provided by the United States Government to the government of such country will go to programs that will directly support addressing the problem of child soldiers. (2) Limitation.--The exception under paragraph (1) may not remain in effect for more than two years after the date of notification under subsection (b). SEC. 6. ROLE OF UNDER SECRETARY FOR DEMOCRACY AND GLOBAL AFFAIRS AS LEAD ON CHILD SOLDIER ISSUES. (a) In General.--The Under Secretary for Democracy and Global Affairs shall coordinate United States policy on child soldier issues, including by performing the following functions: (1) Serving as a principal adviser to the President and the Secretary of State regarding matters affecting the use of child soldiers, including making recommendations regarding-- (A) the policies of the United States toward governments that use child soldiers; and (B) policies to promote the end to the use of child soldiers in conflicts around the world. (2) Preparing and submitting the reports required under section 7 and 8. SEC. 7. REPORTS. (a) Preparation of Reports Regarding Child Soldiers.--The Secretary of State shall ensure that United States missions abroad maintain a consistent reporting standard and thoroughly investigate reports of the use of child soldiers. (b) Information for Annual Country Reports on Human Rights Practices.--The Under Secretary for Democracy and Global Affairs shall assist the Secretary of State in preparing those portions of the annual Country Reports on Human Rights Practices (prepared in accordance with sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 2304(b))) that relate to child soldiers and assure that such reports shall include a description of the use of child soldiers in each foreign country, including-- (1) trends toward improvement in such country of the status of child soldiers or the continued or increased tolerance of such practices; and (2) the role of the government of such country in engaging in or tolerating the use of child soldiers. (c) Inclusion of Information on Violations.--If the Secretary of State, in consultation with the Under Secretary for Democracy and Global Affairs, determines that the government of a country or a regular or irregular armed force or armed group in such country has violated the standards of this Act, the Secretary shall clearly indicate that fact in the relevant annual Country Reports on Human Rights Practices. (d) Annual Reports to Congress.--Not later than June 15 of each year, the President shall submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate-- (1) a list of the governments receiving notification that they are in violation of the standards of this Act; (2) a list of any waivers or exceptions exercised under this Act; (3) justification for those waivers and exceptions; and (4) a description of any assistance provided pursuant to this Act. SEC. 8. REPORT ON IMPLEMENTATION OF ACT. Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report setting forth a strategy for achieving the policy objectives of this Act, including a description of an effective mechanism for coordination of United States efforts to implement this strategy. SEC. 9. TRAINING FOR FOREIGN SERVICE OFFICERS. Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended by adding at the end the following new subsection: ``(c) The Secretary of State, with the assistance of other relevant officials, shall establish as part of the standard training provided after January 1, 2007, for members of the Service instruction on the rights of child soldiers.''. SEC. 10. EFFECTIVE DATE; APPLICABILITY. This Act shall take effect 180 days after the date of the enactment of this Act and shall apply to funds obligated after such effective date.

Child Soldier Prevention Act of 2006 - Defines "child soldier." States that Congress condemns the conscription, forced recruitment, or use of children by governments, paramilitaries, or other organizations in hostilities. Prohibits, with a national interest waiver, funds appropriated or otherwise made available for specified military and related uses from being obligated or otherwise made available to the government of a country identified by the Department of State as having governmental armed forces or government supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use child soldiers. Directs the Secretary of State to notify any government so identified. Authorizes the President to reinstate assistance upon certifying to Congress that a government is implementing: (1) compliance measures; and (2) mechanisms to prohibit future placement of children in combat roles and to ensure that no children are recruited before the age of 16 years old or forcibly recruited or conscripted before the age of 18 years old. Authorizes the President to provide assistance to a country for international military education and training otherwise prohibited under this Act upon certifying to Congress that such assistance is for programs that directly address the child soldier problem. States that the Under Secretary for Democracy and Global Affairs shall coordinate U.S. policy on child soldier issues.

To end the use of child soldiers in hostilities around the world, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State and Local Economic Stimulus Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) State and local governments are a vital part of our economy and American life. States, cities, counties, school districts, and other localities and jurisdictions provide health care, education, public safety, and innumerable social services to hundreds of millions of Americans. (2) From September 2007 to June 2008, America's unemployment rate increased from 4.7 percent to 5.5 percent, and hundreds of thousands of additional Americans went without jobs. (3) America's economic downturn is causing painful budget problems for State and local governments. The economic slowdown has lowered State and local tax revenues while the need for public service is expanding. As a result, most States and many localities are suffering budget deficits. (4) Given that 49 of 50 States, and many local governments, are legally required to balance their budgets, the only way these governments can reduce deficits is to cut public services or raise taxes. (5) In 2003, in response to the prior economic downturn, Congress enacted a $20,000,000,000 fiscal relief package for States, including authorizing $10,000,000,000 for flexible anti-recession grants to stimulate the ailing economy and protect vital public services. SEC. 3. ONE-TIME REVENUE GRANT TO STATES AND LOCAL GOVERNMENTS. (a) In General.--Chapter 67 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 6721. One-time revenue grant to States and local governments ``(a) Appropriation.--There is appropriated to carry out this section $40,000,000,000 for fiscal year 2009. ``(b) Allotments.--From the amount appropriated under subsection (a) for fiscal year 2009, the Secretary of the Treasury shall, as soon as practicable after the date of the enactment of this section, allot to each of the States as follows: ``(1) Based on population.-- ``(A) State level.--$10,000,000,000 shall be allotted among States on the basis of the relative population of each such State, determined based on data from the 2000 decennial census of the United States. ``(B) Local government level.--$10,000,000,000 shall be allotted among such States as determined under subparagraph (A) for distribution to the various units of general local government within such States on the basis of the relative population of each such unit within each such State that is unemployed, determined based on the data referred to in subparagraph (A). ``(2) Based on change in unemployment rate.-- ``(A) Tier 1.-- ``(i) State level.--$7,500,000,000 shall be allotted among States that have experienced a tier 1 unemployment rate on the basis of the relative number of unemployed individuals for the period beginning on September 1, 2007, and ending on June 30, 2008, in each such State, determined based on unemployment levels for 2007 and 2008 from the Bureau of Labor Statistics' Local Area Unemployment Statistics. ``(ii) Local government level.-- $7,500,000,000 shall be allotted among States that have experienced a tier 1 unemployment rate as determined under clause (i) for distribution to the various units of general local government within such States on the basis of the relative number of unemployed individuals for the period beginning on September 1, 2007, and ending on June 30, 2008, in each such unit within each such State, determined based on the civilian labor force unemployment rate, seasonally adjusted, for September 2007 to June 2008 from the Bureau of Labor Statistics' Local Area Unemployment Statistics. ``(B) Tier 2.-- ``(i) State level.--$2,500,000,000 shall be allotted among States that have experienced a tier 2 unemployment rate on the basis of the relative number of unemployed individuals for the period beginning on September 1, 2007, and ending on June 30, 2008, in each such State, determined based on unemployment levels for 2007 and 2008 from the Bureau of Labor Statistics' Local Area Unemployment Statistics. ``(ii) Local government level.-- $2,500,000,000 shall be allotted among States that have experienced a tier 2 unemployment rate as determined under clause (i) for distribution to the various units of general local government within such States on the basis of the relative number of unemployed individuals for the period beginning on September 1, 2007, and ending on June 30, 2008, in each such unit within each such State, determined based on the civilian labor force unemployment rate, seasonally adjusted, for September 2007 to June 2008 from the Bureau of Labor Statistics' Local Area Unemployment Statistics. ``(c) Use of Payments.-- ``(1) In general.--Subject to paragraph (2), a State or unit of local government shall use the funds provided under a payment made under this section for a fiscal year to-- ``(A) provide essential government services; ``(B) cover the costs to the State or unit of local government, respectively, of complying with any Federal intergovernmental mandate (as defined in section 421(5) of the Congressional Budget Act of 1974) to the extent that the mandate applies to the State or unit of local government, respectively, and the Federal Government has not provided funds to cover the costs; or ``(C) compensate for a decline in Federal funding to the State or unit of local government, respectively. ``(2) Requirements.--A State or unit of local government-- ``(A) may use funds provided as a payment under this section only for types of expenditures permitted under the most recently approved budget for the State; ``(B) may not use the additional Federal funds paid to the State or unit of local government as a result of this section for purposes of increasing any reserve or rainy day fund maintained by the State; and ``(C) shall expend the additional Federal funds paid to the State or unit of local government as a result of this section within 1 year after the date on which the State receives such funds. ``(3) Certification.--In order to receive a payment under this section for a fiscal year, a State or unit of local government shall certify to the Secretary of the Treasury with a certification that the proposed use of such funds by the State or unit of local government's, respectively, is consistent with this subsection. ``(d) Definitions.--For purposes of this section-- ``(1) State.--The term `State' means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ``(2) Unit of general local government.-- ``(A) In general.--The term `unit of general local government' means-- ``(i) a county, parish, township, city, or political subdivision of a county, parish, township, or city, that is a unit of general local government as determined by the Secretary of Commerce for general statistical purposes; and ``(ii) the District of Columbia, and the recognized governing body of an Indian tribe or Alaskan native village that carries out substantial governmental duties and powers. ``(B) Treatment of subsumed areas.--For purposes of determining a unit of general local government under this section, the rules under section 6720(c) of this title shall apply. ``(3) Unemployment.--With respect to any State or unit of general local government-- ``(A) Tier 1 unemployment rate.--The term `tier 1 unemployment rate' means an unemployment rate for June 2008 that is 0.7 or more percentage points greater than such rate for September 2007. ``(B) Tier 2 unemployment rate.--The term `tier 2 unemployment rate' means an unemployment rate for June 2008 that is less than 0.7 percent points greater than such rate for September 2007.''. (b) Conforming Amendment.--The table of sections for chapter 67 of title 31, United States Code, is amended by adding at the end the following new item: ``6721. One-time revenue grant to States and local governments.''.

State and Local Economic Stimulus Act - Makes FY2009 appropriations to the Secretary of the Treasury to award one-time revenue grants to state governments for themselves as well as for redistribution to local governments. Sets forth a schedule for allotments based upon relative population and Tier-1 and Tier-2 unemployment rates. Requires a state or local government to use such funds to: (1) provide essential government services; (2) cover the costs of complying with any federal intergovernmental mandate for which the federal government has not provided funds; or (3) compensate for a decline in federal funding.

To amend title 31, United States Code, to provide Federal aid and economic stimulus through a one-time revenue grant to the States and their local governments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Small Business and Employees Act of 1998''. TITLE I--TRUTH IN EMPLOYMENT SEC. 101. FINDINGS. Congress makes the following findings: (1) An atmosphere of trust and civility in labor-management relationships is essential to a productive workplace and a healthy economy. (2) The tactic of using professional union organizers and agents to infiltrate a targeted employer's workplace, a practice commonly referred to as ``salting'' has evolved into an aggressive form of harassment not contemplated when the National Labor Relations Act was enacted and threatens the balance of rights which is fundamental to our system of collective bargaining. (3) Increasingly, union organizers are seeking employment with nonunion employers not because of a desire to work for such employers but primarily to organize the employees of such employers or to inflict economic harm specifically designed to put nonunion competitors out of business, or to do both. (4) While no employer may discriminate against employees based upon the views of employees concerning collective bargaining, an employer should have the right to expect job applicants to be primarily interested in utilizing the skills of the applicants to further the goals of the business of the employer. SEC. 102. PURPOSES. The purposes of this title are-- (1) to preserve the balance of rights between employers, employees, and labor organizations which is fundamental to our system of collective bargaining; (2) to preserve the rights of workers to organize, or otherwise engage in concerted activities protected under the National Labor Relations Act; and (3) to alleviate pressure on employers to hire individuals who seek or gain employment in order to disrupt the workplace of the employer or otherwise inflict economic harm designed to put the employer out of business. SEC. 103. PROTECTION OF EMPLOYER RIGHTS. Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended by adding after paragraph (5) the following flush sentence: ``Nothing in this subsection shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, in that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status: Provided, That this sentence shall not affect the rights and responsibilities under this Act of any employee who is or was a bona fide employee applicant, including the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.''. TITLE II--FAIR HEARING SEC. 201. FINDINGS. Congress makes the following findings: (1) Bargaining unit determinations by their nature require the type of fact-specific analysis that only case-by-case adjudication allows. (2) The National Labor Relations Board has for decades held hearings to determine the appropriateness of certifying a single location bargaining unit. (3) The imprecision of a blanket rule limiting the factors considered material to determining the appropriateness of a single location bargaining unit detracts from the National Labor Relations Act's goal of promoting stability in labor relations. SEC. 202. PURPOSE. The purpose of this title is to ensure that the National Labor Relations Board conducts a hearing process and specific analysis of whether or not a single location bargaining unit is appropriate, given all of the relevant facts and circumstances of a particular case. SEC. 203. REPRESENTATIVES AND ELECTIONS. Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following: ``(6) If a petition for an election requests the Board to certify a unit which includes the employees employed at one or more facilities of a multi-facility employer, and in the absence of an agreement by the parties (stipulation for certification upon consent election or agreement for consent election) regarding the appropriateness of the bargaining unit at issue for purposes of subsection (b), the Board shall provide for a hearing upon due notice to determine the appropriateness of the bargaining unit. In making its determination, the Board shall consider functional integration, centralized control, common skills, functions and working conditions, permanent and temporary employee interchange, geographical separation, local autonomy, the number of employees, bargaining history, and such other factors as the Board considers appropriate.''. TITLE III--ATTORNEYS FEES SEC. 301. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Certain small businesses and labor organizations are at a great disadvantage in terms of expertise and resources when facing actions brought by the National Labor Relations Board. (2) The attempt to ``level the playing field'' for small businesses and labor organizations by means of the Equal Access to Justice Act has proven ineffective and has been underutilized by these small entities in their actions before the National Labor Relations Board. (3) The greater expertise and resources of the National Labor Relations Board as compared with those of small businesses and labor organizations necessitate a standard that awards fees and costs to certain small entities when they prevail against the National Labor Relations Board. (b) Purpose.--It is the purpose of this title-- (1) to ensure that certain small businesses and labor organizations will not be deterred from seeking review of, or defending against, actions brought against them by the National Labor Relations Board because of the expense involved in securing vindication of their rights; (2) to reduce the disparity in resources and expertise between certain small businesses and labor organizations and the National Labor Relations Board; and (3) to make the National Labor Relations Board more accountable for its enforcement actions against certain small businesses and labor organizations by awarding fees and costs to these entities when they prevail against the National Labor Relations Board. SEC. 302. AMENDMENT TO NATIONAL LABOR RELATIONS ACT. The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended by adding at the end the following new section: ``awards of attorneys' fees and costs ``Sec. 20. (a) Administrative Proceedings.--An employer who, or a labor organization that-- ``(1) is the prevailing party in an adversary adjudication conducted by the Board under this or any other Act, and ``(2) had not more than 100 employees and a net worth of not more than $1,400,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Board was substantially justified or special circumstances make an award unjust. For purposes of this subsection, the term `adversary adjudication' has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. ``(b) Court Proceedings.--An employer who, or a labor organization that-- ``(1) is the prevailing party in a civil action, including proceedings for judicial review of agency action by the Board, brought by or against the Board, and ``(2) had not more than 100 employees and a net worth of not more than $1,400,000 at the time the civil action was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) or this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust.''. SEC. 303. APPLICABILITY. (a) Agency Proceedings.--Subsection (a) of section 20 of the National Labor Relations Act (as added by section 302) applies to agency proceedings commenced on or after the date of the enactment of this Act. (b) Court Proceedings.--Subsection (b) of section 20 of the National Labor Relations Act (as added by section 302) applies to civil actions commenced on or after the date of the enactment of this Act.

TABLE OF CONTENTS: Title I: Truth in Employment Title II: Fair Hearing Title III: Attorneys Fees Fairness for Small Business and Employees Act of 1998 - Title I: Truth in Employment - Amends the National Labor Relations Act (NLRA) to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, in that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status. (Sec. 103) Declares that this title shall not affect the rights and responsibilities under NLRA of any employee who is or was a bona fide employee applicant, including the right to: (1) self-organization; (2) form, join, or assist labor organizations; (3) bargain collectively through representatives of their own choosing; and (4) engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Title II: Fair Hearing - Directs the National Labor Relations Board (NLRB) to provide for a hearing upon due notice to determine the appropriateness of the bargaining unit, if a petition for an election requests to certify a unit which includes the employees employed at one or more facilities of a multi-facility employer, and in the absence of an agreement by the parties regarding the appropriateness of the bargaining unit at issue. Requires the NLRB, in making such determination, to consider functional integration, centralized control, common skills, functions and working conditions, permanent and temporary employee interchange, geographical separation, local autonomy, the number of employees, bargaining history, and other factors it considers appropriate. Title III: Attorneys Fees - Provides for awards of attorney's fees and costs in administrative or court proceedings involving the NLRB, without regard to whether the NLRB's position was substantially justified or special circumstances make an award unjust, if the prevailing parties are employers or labor organizations with no more than 100 employees and a net worth of no more than $1.4 million at the time the adversary adjudication was initiated.

Fairness for Small Business and Employees Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Partner Health Benefits Equity Act''. SEC. 2. EXTENSION OF EXCLUSION FOR AMOUNTS RECEIVED BY AN EMPLOYEE THROUGH ACCIDENT OR HEALTH INSURANCE AS REIMBURSEMENT FOR EXPENSES FOR MEDICAL CARE. (a) In General.--Section 105(b) of the Internal Revenue Code of 1986 (relating to amounts expended for medical care) is amended-- (1) by striking ``Except in the case'' and inserting the following: ``(1) In general.--Except in the case'', (2) by adding at the end of paragraph (1) as redesignated in paragraph (1) the following new sentence: ``For the purposes of this subsection, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the employer's accident or health insurance arrangement.'', and (3) by adding at the end the following new paragraph: ``(2) Applicable percentage of exclusion for certain amounts.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2004, and before January 1, 2011, the exclusion from income applicable by reason of the third sentence of paragraph (1) shall be equal to the applicable percentage of the amount which would (but for this paragraph) be the amount of such exclusion. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning in The applicable percentage is-- calendar year-- 2005, 2006, or 2007........................... 25 2008, 2009, 2010.............................. 50.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 3. EXTENSION OF EXCLUSION FOR CONTRIBUTIONS BY EMPLOYER TO ACCIDENT AND HEALTH PLANS. (a) In General.--Section 106 of the Internal Revenue Code of 1986 (relating to contributions by employer to accident and health plans) is amended by adding at the end the following new subsection: ``(d) Coverage Provided for Eligible Beneficiaries of Employees.-- ``(1) In general.--Subsection (a) shall not fail to apply by reason of the coverage of an eligible beneficiary as defined in the employer's accident or health plan. ``(2) Applicable percentage of exclusion for certain coverage.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2004, and before January 1, 2011, the exclusion from income applicable by reason of paragraph (1) shall be equal to the applicable percentage of the amount which would (but for this paragraph) be the amount of such exclusion. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning in The applicable percentage is-- calendar year-- 2005, 2006, or 2007........................... 25 2008, 2009, 2010.............................. 50.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 4. EXTENSION OF DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF- EMPLOYED INDIVIDUALS. (a) In General.--Paragraph (1) of section 162(l) of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self-employed individuals) is amended to read as follows: ``(1) Allowance of deduction.-- ``(A) In general.--In the case of an individual who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer, his spouse, and dependents. For the purposes of this subparagraph, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the insurance arrangement which constitutes medical care. ``(B) Applicable percentage of deduction for certain amounts.-- ``(i) In general.--In the case of taxable years beginning after December 31, 2004, and before January 1, 2011, the deduction applicable by reason of the second sentence of subparagraph (A) shall be equal to the applicable percentage of the amount which would (but for this subparagraph) be the amount of such deduction. ``(ii) Applicable percentage.--For purposes of clause (i), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning in The applicable percentage is-- calendar year-- 2005, 2006, or 2007........................... 25 2008, 2009, 2010.............................. 50.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 5. EXTENSION OF SICK AND ACCIDENT BENEFITS PROVIDED TO MEMBERS OF A VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION AND THEIR DEPENDENTS. (a) In General.--Section 501(c)(9) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by adding at the end the following new sentence: ``For purposes of providing for the payment of sick and accident benefits to members of such an association and their dependents, the term `dependents' shall include any individual who is an eligible beneficiary as determined under the terms of a medical benefit, health insurance, or other program under which members and their dependents are entitled to sick and accident benefits.''. (b) Applicable Percentage of Payment of Certain Sick and Accident Benefits.--Section 501 of the Internal Revenue Code of 1986 (relating to exemption from tax on corporations, certain trusts, etc.) is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Applicable Percentage of Payment of Certain Sick and Accident Benefits.-- ``(1) In general.--In the case of taxable years beginning after December 31, 2004, and before January 1, 2011, the exemption from tax applicable by reason of the second sentence of subsection (c)(9) shall be equal to the applicable percentage of the amount which would (but for this subsection) be the amount of such exemption. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning in The applicable percentage is-- calendar year-- 2005, 2006, or 2007........................... 25 2008, 2009, 2010.............................. 50.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 6. AMENDMENTS TO VARIOUS DEFINITIONS. (a) FICA.-- (1) In general.--Section 3121 of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new subsection: ``(z) Exclusion of Certain Amounts From Wages.-- ``(1) In general.--For purposes of applying subsection (a) with respect to expenses described in paragraph (2)(B) of such subsection, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer. ``(2) Applicable percentage of exclusion from wages.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2004, and before January 1, 2011, the exclusion from wages applicable by reason of paragraph (1) shall be equal to the applicable percentage of the amount which would (but for this paragraph) be the amount of such exclusion. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning in The applicable percentage is-- calendar year-- 2005, 2006, or 2007........................... 25 2008, 2009, 2010.............................. 50.''. (2) Conforming amendment.--Section 209 of the Social Security Act (42 U.S.C. 409) is amended by adding at the end the following new subsection: ``(l)(1) For purposes of applying subsection (a) with respect to medical or hospitalization expenses described in paragraph (2) thereof, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer. ``(2)(A) In the case of taxable years beginning after December 31, 2004, and before January 1, 2011, the exclusion from wages applicable by reason of paragraph (1) shall be equal to the applicable percentage of the amount which would (but for this paragraph) be the amount of such exclusion. ``(B) For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning in The applicable percentage is-- calendar year-- 2005, 2006, or 2007........................... 25 2008, 2009, 2010.............................. 50.''. (b) Railroad Retirement.-- (1) In general.--Section 3231(e) of the Internal Revenue Code of 1986 (defining compensation) is amended by adding at the end the following new paragraph: ``(11) Treatment of certain dependents.-- ``(A) In general.--For purposes of applying this subsection with respect to medical or hospitalization expenses described in paragraph (1)(i), the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer. ``(B) Applicable percentage of exclusion from compensation.-- ``(i) In general.--In the case of taxable years beginning after December 31, 2004, and before January 1, 2011, the exclusion from compensation applicable by reason of subparagraph (A) shall be equal to the applicable percentage of the amount which would (but for this subparagraph) be the amount of such exclusion. ``(ii) Applicable percentage.--For purposes of clause (i), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning in The applicable percentage is-- calendar year-- 2005, 2006, or 2007........................... 25 2008, 2009, 2010.............................. 50.''. (2) Conforming amendment.--Section 1(h) of the Railroad Retirement Act of 1974 (45 U.S.C. 231(h)) is amended by adding at the end the following new paragraph: ``(9)(A) For purposes of applying this subsection, with respect to medical or hospitalization expenses described in paragraph (6)(v), the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer. ``(B)(i) In the case of taxable years beginning after December 31, 2004, and before January 1, 2011, the exclusion from compensation applicable by reason of subparagraph (A) shall be equal to the applicable percentage of the amount which would (but for this subparagraph) be the amount of such exclusion. ``(ii) For purposes of clause (i), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning in The applicable percentage is-- calendar year-- 2005, 2006, or 2007........................... 25 2008, 2009, 2010.............................. 50.''. (c) FUTA.--Section 3306 of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following new subsection: ``(v) Exclusion of Certain Amounts From Wages.-- ``(1) In general.--For purposes of applying subsection (b) with respect to expenses described in paragraph (2)(B) of such subsection, the term `dependents' shall include any individual who is an eligible beneficiary as defined in the plan or system established by the employer. ``(2) Applicable percentage of exclusion from wages.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2004, and before January 1, 2011, the exclusion from wages applicable by reason of paragraph (1) shall be equal to the applicable percentage of the amount which would (but for this paragraph) be the amount of such exclusion. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning in The applicable percentage is-- calendar year-- 2005, 2006, or 2007........................... 25 2008, 2009, 2010.............................. 50.''. (d) Effective Date.--The amendments made by this section shall apply to remuneration paid after December 31, 2004.

Domestic Partner Health Benefits Equity Act - Amends the Internal Revenue Code, with respect to health insurance, to provide for the treatment of domestic partners on an equal basis with spouses by designating as a dependent any individual who is an eligible beneficiary under an employer's health insurance plan.

A bill to amend the Internal Revenue Code of 1986 to extend the exclusion from gross income for employer-provided health coverage to designated plan beneficiaries of employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Fair Prepayment Act''. SEC. 2. APPLICATION OF PREPAYMENT AMOUNTS FOR FFEL AND DIRECT LOANS. Section 455(d) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)) is amended by adding at the end the following new paragraph: ``(6) Application of prepayment amounts.-- ``(A) Requirement.--Notwithstanding any other provision of this subsection or any other provision of law-- ``(i) with respect to loans made to an eligible borrower under this part or part B, which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall, unless otherwise requested by the borrower in writing, apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans; and ``(ii) except as provided in clause (i), with respect to loans made to an eligible borrower under this part or part B, which are held by the same holder and which have the same applicable rates of interest, the holder of such loans shall, unless otherwise requested by the borrower in writing, apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest principal balance among such loans. ``(B) Eligible borrower.-- ``(i) In general.--For purposes of this paragraph, the term `eligible borrower' means a borrower with no outstanding balance of fees, including collection costs and authorized late charges, due on any loan made under this part or part B. ``(ii) Prepayment amounts.--A prepayment amount (as described in subparagraph (A)) made by a borrower who is not an eligible borrower to a holder shall be applied first toward the borrower's outstanding balance of fees, including collection costs and authorized late charges, due on any loan made under this part or part B held by such holder. ``(C) Exceptions.--This paragraph shall not apply to an income-based repayment plan under section 493C or an income contingent repayment plan under section 455(d)(1)(D), such as a Pay As You Earn repayment plan.''. SEC. 3. APPLICATION OF PREPAYMENT AMOUNTS FOR PERKINS LOANS. Section 464(c)(1)(C) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(1)(C)) is amended-- (1) by striking ``and'' at the end of clause (i); (2) by adding at the end the following: ``(iii) shall provide that the institution shall, in the case of a borrower with no outstanding balance of fees (including collection costs and authorized late charges) due on the loans held by the institution and who repays more than the amount due for a repayment period-- ``(I) with respect to loans held by the same institution and which have different applicable rates of interest, use the excess to prepay (within the meaning of section 674.31(b)(4)(iv) of title 34, Code of Federal Regulations, or a successor regulation) the principal due on the loan with the highest applicable rate of interest among such loans, unless otherwise requested by the borrower in writing; and ``(II) except as provided in subclause (I), with respect to loans held by the same institution and which have the same applicable rates of interest, use the excess to prepay (within the meaning of section 674.31(b)(4)(iv) of title 34, Code of Federal Regulations, or a successor regulation) the principal due on the loan with the highest principal balance among such loans, unless otherwise requested by the borrower in writing; and ``(iv) shall provide that the institution shall, in the case of a borrower with an outstanding balance of fees (such as collection costs and authorized late charges) due on the loans held by the institution and who repays more than the amount due for a repayment period, first apply such excess toward such outstanding balance of fees;''. SEC. 4. APPLICATION OF PREPAYMENT AMOUNTS FOR PRIVATE EDUCATION LOANS. Section 128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)) is amended by adding at the end the following: ``(12) Application of prepayment amounts.-- ``(A) In general.--Notwithstanding any other provision of law-- ``(i) with respect to a borrower with more than one private education loan which are held by the same holder and which have different applicable rates of interest, the holder of such loans shall, unless otherwise requested by the borrower in writing, apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest applicable rate of interest among such loans; and ``(ii) except as provided in clause (i), with respect to a borrower with more than one private education loan which are held by the same holder and which have the same applicable rates of interest, the holder of such loans shall, unless otherwise requested by the borrower in writing, apply the borrower's prepayment amount (within the meaning of section 682.209(b) of title 34, Code of Federal Regulations, or a successor regulation) for one or more of such loans, first toward the outstanding balance of principal due on the loan with the highest principal balance among such loans. ``(B) Exception.-- ``(i) In general.--Subparagraph (A) shall not apply to any prepayment amount made by a borrower to a holder if the borrower has an outstanding balance of fees, including collection costs and authorized late charges, due on any private education loan held by such holder. ``(ii) Prepayment amounts.--A prepayment amount (as described in subparagraph (A)) made by a borrower described in subparagraph (B) to a holder shall be applied first toward the borrower's outstanding balance of fees, including collection costs and authorized late charges, due on any private education loan held by such holder.''.

Student Loan Fair Prepayment Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to require a student loan borrower's prepayment amount on a Federal Family Education Loan, Federal Direct Loan, or Federal Perkins Loan to be applied first toward outstanding fees and then, unless a borrower requests otherwise, in the following order: (1) toward the principle due on the loan with the highest interest rate, if multiple loans have different interest rates; and (2) toward the principle due on the loan with the highest balance, if multiple loans have the same interest rate. Additionally, it amends the Truth in Lending Act to require a borrower's prepayment amount on a private education loan to be applied first toward outstanding fees and then, unless a borrower requests otherwise, in the following order: (1) toward the principle due on the loan with the highest interest rate, if multiple loans have different interest rates; and (2) toward the principle due on the loan with the highest balance, if multiple loans have the same interest rate.

Student Loan Fair Prepayment Act

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. ``(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) Application requirements.--To be eligible for a grant under paragraph (1), the chief executive officer of the State 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 in the program 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 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 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 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 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. ``(3) 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. ``(4) 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 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 social services and education programs; ``(D) the ability of the State to provide supervision and support for mentors under the program and the youth served by such mentors; ``(E) evidence of consultation with institutions of higher learning; and ``(F) 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. ``(5) Use of funds.--Of the amount awarded to a State under a grant under this subsection the State 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. ``(6) Maximum grant amount.--The amount of a grant awarded to a State under this subsection shall not exceed $600,000. ``(7) 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) A comparison between the rate of drug and alcohol abuse, teenage pregnancy, delinquency, homelessness, and other outcome measures for mentored foster youth and non-mentored foster youth. ``(E) Any other information that the Secretary determines to be relevant to the evaluation of the program under this subsection. ``(8) 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 title 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 eligible mentors. ``(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 $12,000 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.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.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. SHORT TITLE. This Act may be cited as the ``Net Operating Loss (NOL) Carryback Act''. SEC. 2. 5-YEAR CARRYBACK OF OPERATING LOSSES. (a) In General.--Subparagraph (H) of section 172(b)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(H) Carryback for 2008 and 2009 net operating losses.-- ``(i) In general.--In the case of an applicable 2008 or 2009 net operating loss with respect to which the taxpayer has elected the application of this subparagraph-- ``(I) subparagraph (A)(i) shall be applied by substituting any whole number elected by the taxpayer which is more than 2 and less than 6 for `2', ``(II) subparagraph (E)(ii) shall be applied by substituting the whole number which is one less than the whole number substituted under subclause (I) for `2', and ``(III) subparagraph (F) shall not apply. ``(ii) Applicable 2008 or 2009 net operating loss.--For purposes of this subparagraph, the term `applicable 2008 or 2009 net operating loss' means-- ``(I) the taxpayer's net operating loss for any taxable year ending in 2008 or 2009, or ``(II) if the taxpayer elects to have this subclause apply in lieu of subclause (I), the taxpayer's net operating loss for any taxable year beginning in 2008 or 2009. ``(iii) Election.--Any election under this subparagraph shall be made in such manner as may be prescribed by the Secretary, and shall be made by the due date (including extension of time) for filing the taxpayer's return for the taxable year of the net operating loss. Any such election, once made, shall be irrevocable. ``(iv) Coordination with alternative tax net operating loss deduction.--In the case of a taxpayer who elects to have clause (ii)(II) apply, section 56(d)(1)(A)(ii) shall be applied by substituting `ending during 2001 or 2002 or beginning during 2008 or 2009' for `ending during 2001, 2002, 2008, or 2009'.''. (b) Alternative Tax Net Operating Loss Deduction.--Subclause (I) of section 56(d)(1)(A)(ii) is amended to read as follows: ``(I) the amount of such deduction attributable to the sum of carrybacks of net operating losses from taxable years ending during 2001, 2002, 2008, or 2009 and carryovers of net operating losses to such taxable years, or''. (c) Loss From Operations of Life Insurance Companies.--Subsection (b) of section 810 is amended by adding at the end the following new paragraph: ``(4) Carryback for 2008 and 2009 losses.-- ``(A) In general.--In the case of an applicable 2008 or 2009 loss from operations with respect to which the taxpayer has elected the application of this paragraph, paragraph (1)(A) shall be applied, at the election of the taxpayer, by substituting `5' or `4' for `3'. ``(B) Applicable 2008 or 2009 loss from operations.--For purposes of this paragraph, the term `applicable 2008 or 2009 loss from operations' means-- ``(i) the taxpayer's loss from operations for any taxable year ending in 2008 or 2009, or ``(ii) if the taxpayer elects to have this clause apply in lieu of clause (i), the taxpayer's loss from operations for any taxable year beginning in 2008 or 2009. ``(C) Election.--Any election under this paragraph shall be made in such manner as may be prescribed by the Secretary, and shall be made by the due date (including extension of time) for filing the taxpayer's return for the taxable year of the loss from operations. Any such election, once made, shall be irrevocable. ``(D) Coordination with alternative tax net operating loss deduction.--In the case of a taxpayer who elects to have subparagraph (B)(ii) apply, section 56(d)(1)(A)(ii) shall be applied by substituting `ending during 2001 or 2002 or beginning during 2008 or 2009' for `ending during 2001, 2002, 2008, or 2009'.''. (d) Anti-Abuse Rules.--The Secretary of Treasury or the Secretary's designee shall prescribe such rules as are necessary to prevent the abuse of the purposes of the amendments made by this section, including anti-stuffing rules, anti-churning rules (including rules relating to sale-leasebacks), and rules similar to the rules under section 1091 of the Internal Revenue Code of 1986 relating to losses from wash sales. (e) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to net operating losses arising in taxable years ending after December 31, 2007. (2) Alternative tax net operating loss deduction.--The amendment made by subsection (b) shall apply to taxable years ending after 1997. (3) Loss from operations of life insurance companies.--The amendment made by subsection (d) shall apply to losses from operations arising in taxable years ending after December 31, 2007. (4) Transitional rule.--In the case of a net operating loss (or, in the case of a life insurance company, a loss from operations) for a taxable year ending before the date of the enactment of this Act-- (A) any election made under section 172(b)(3) or 810(b)(3) of the Internal Revenue Code of 1986 with respect to such loss may (notwithstanding such section) be revoked before the applicable date, (B) any election made under section 172(b)(1)(H) or 810(b)(4) of such Code with respect to such loss shall (notwithstanding such section) be treated as timely made if made before the applicable date, and (C) any application under section 6411(a) of such Code with respect to such loss shall be treated as timely filed if filed before the applicable date. For purposes of this paragraph, the term ``applicable date'' means the date which is 60 days after the date of the enactment of this Act. (f) Exception for TARP Recipients.--The amendments made by this section shall not apply to-- (1) any taxpayer if-- (A) the Federal Government acquires, at any time, an equity interest in the taxpayer pursuant to the Emergency Economic Stabilization Act of 2008, or (B) the Federal Government acquires, at any time, any warrant (or other right) to acquire any equity interest with respect to the taxpayer pursuant to such Act, (2) the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, and (3) any taxpayer which at any time in 2008 or 2009 is a member of the same affiliated group (as defined in section 1504 of the Internal Revenue Code of 1986, determined without regard to subsection (b) thereof) as a taxpayer described in paragraph (1) or (2).

Net Operating Loss (NOL) Carryback Act - Amends the Internal Revenue Code to allow a five-year carryback of net operating losses, including the operating losses of life insurance companies, incurred in 2008 and 2009. Denies such extended loss carryover period to: (1) taxpayers in whom the federal government acquires an equity interest under the Emergency Economic Stabilization Act of 2008; (2) the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac); and (3) members of certain affiliated groups.

A bill to amend the Internal Revenue Code of 1986 to allow a 5-year carryback of operating losses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sacramento River National Recreation Area Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Management plan.--The term ``management plan'' means the management plan for the Recreation Area prepared under section 4(b). (2) Recreation area.--The term ``Recreation Area'' means the Sacramento River National Recreation Area. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of California. SEC. 3. ESTABLISHMENT OF SACRAMENTO RIVER NATIONAL RECREATION AREA. (a) In General.--To conserve, protect, and enhance the riparian and associated areas described in subsection (b) (including the outstanding ecological, geological, scenic, recreational, cultural, and historic resources, the fish and wildlife values, and other resources of the areas), there is established the Sacramento River National Recreation Area in the State, to be managed by the Redding Field Office of the Bureau of Land Management. (b) Boundaries.--The Recreation Area shall consist of the public land in Tehama County and Shasta County, California, comprising approximately 17,000 acres adjacent to the Sacramento River, lower Battle Creek, and lower Paynes Creek, as generally depicted on the map entitled ``Sacramento River National Recreation Area'' and dated May 2002. (c) Map.-- (1) In general.--As soon as practicable, but not later than 3 years, after the date of enactment of this Act, the Secretary shall submit a map and legal description of the Recreation Area to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Resources of the House of Representatives. (2) Effect.--The map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the map and legal description. (3) Availability.--Copies of the map submitted under paragraph (1) shall be on file and available for public inspection in-- (A) the Office of the Director of the Bureau of Land Management; and (B) the appropriate office of the Bureau of Land Management in California. SEC. 4. MANAGEMENT. (a) In General.--The Secretary shall manage the Recreation Area in a manner that conserves, protects, and enhances the resources and values of the Recreation Area (including the resources described in section 3(a)), in accordance with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any other applicable law. (b) Recreation Area Management Plan.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit a comprehensive plan for the long-range protection and management of the Recreation Area to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Resources of the House of Representatives. (2) Contents of plan.--The management plan-- (A) shall describe the appropriate uses and management of the Recreation Area in accordance with this Act; (B) may incorporate any appropriate decisions, as determined by the Secretary, that are contained in any management or activity plan for the area completed before the date of enactment of this Act; (C) may incorporate appropriate wildlife habitat management plans or other plans prepared for the land within or adjacent to the Recreation Area before the date of enactment of this Act; (D) shall be prepared in consultation with-- (i) appropriate Federal, State, and local agencies (including Tehama County and Shasta County, California); (ii) adjacent landowners; and (iii) other stakeholders; and (E) may use information developed under any studies of land within or adjacent to the Recreation Area carried out before the date of enactment of this Act. (c) Withdrawal.--Subject to valid existing rights, all Federal land within the Recreation Area is withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing. (d) Hunting and Fishing.--The Secretary shall allow hunting and fishing within the Recreation Area in accordance with any applicable Federal and State laws (including regulations). (e) Motorized Vehicles.--The use of motorized vehicles on public land in the Recreation Area shall be limited to established roadways. (f) Motorized Boats.-- (1) In general.--Nothing in this Act restricts the use of motorized boats on the Sacramento River. (2) Regulation.--Tehama County and Shasta County, California, and the California Department of Boating and Waterways shall retain authority to regulate motorized boating for the purpose of ensuring public safety and environmental protection. (g) Grazing.--The Secretary may permit the grazing of livestock to continue on any public land in the Recreation Area in which grazing is permitted on the date of enactment of this Act-- (1) subject to any regulations, policies, and practices that the Secretary determines to be necessary; and (2) consistent with-- (A) this Act; (B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (C) any regulations promulgated by the Secretary, acting through the Director of the Bureau of Land Management. (h) Acquisition of Property.-- (1) In general.--The Secretary may acquire, by donation, transfer, purchase with donated or appropriated funds, or exchange, any land or interests in land within the boundaries of the Recreation Area depicted on the map prepared under section 3(c). (2) Consent.--No land or interest in land may be acquired under paragraph (1) without the consent of the owner of the land. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Sacramento River National Recreation Area Act of 2006 - Establishes the Sacramento River National Recreation Area in California, consisting of specified public land in Tehama and Shasta Counties. Requires the development of a comprehensive plan for the long-range protection and management of such Area.

A bill to establish the Sacramento River National Recreation Area in the State of California.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Generational Residences and Nurturing Dwellings Act'' or the ``GRAND Act''. SEC. 2. ASSISTANCE FOR SPECIALIZED HOUSING FOR ELDERLY CAREGIVERS. (a) Establishment.--There is established in the Department of Housing and Urban Development a program to provide assistance to eligible nonprofit organizations to expand the supply of specialized housing for qualified relatives raising a child. (b) Rule of Construction.--Nothing in this Act shall preclude a recipient of assistance under a program established under subsection (a) from applying for or receiving financial assistance under any other program established in the Department of Housing and Urban Development. (c) Application.-- (1) In general.--To be eligible to receive assistance under the program established under subsection (a), an eligible nonprofit organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include a description of how the eligible nonprofit organization will serve the housing needs of low-income families in a particular geographic area. (2) Tenant-based rental assistance.--To be eligible to receive assistance to provide tenant-based rental assistance as described in subsection (d)(2), an application submitted under paragraph (1) shall include assurances that the eligible nonprofit organization will coordinate with a public housing agency in administering any such assistance received under this Act, as required by the Secretary. (d) Priority.--In providing assistance under this section, the Secretary shall give priority to eligible nonprofit organizations that plan to use such assistance as described in paragraph (1) or (2) of subsection (f). (e) Limit on Organizations Selected.--For each fiscal year, the Secretary may select not more than 5 eligible nonprofit organizations to receive assistance under the program under this section. (f) Use of Funds.--A recipient of assistance under this program shall use such assistance for the following purposes: (1) New housing.--To finance the construction, reconstruction, moderate or substantial rehabilitation, or acquisition of a structure or a portion of a structure to be used as specialized housing. (2) Operational expenses and supportive services.--To provide assistance for ongoing operational expenses of any specialized housing, including costs of supportive services required for such housing. (3) Rental voucher assistance.--To provide tenant-based rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for entities that meet the requirements under such section for use only by qualified relatives who are raising a child and are eligible for such assistance for rental of a dwelling unit that qualifies as specialized housing. (4) Elderly housing project rental assistance.--To provide project rental assistance under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q(b)(2)) for entities that meet the requirements under such section in connection with dwelling units that-- (A) qualify as specialized housing; and (B) are made available for occupancy only by qualified relatives who are raising a child and are eligible for occupancy in such housing, except that notwithstanding section 202(k)(1) of the Housing Act of 1959 (12 U.S.C. 1701q(k)(1)), such qualified relatives may include elderly persons (as such term is defined in section 3 of this Act). SEC. 3. DEFINITIONS. In this Act: (1) Child.--The term ``child'' means an individual who-- (A) is not attending school and is not more than 18 years of age; or (B) is attending school and is not more than 19 years of age. (2) Elderly person.--The term ``elderly person'' means a person who is 60 years of age or more. (3) Eligible nonprofit organization.-- (A) In general.--The term ``eligible nonprofit organization'' means an organization that-- (i) provides specialized housing and supportive services for qualified relatives who are raising a child; and (ii) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from tax under section 501(a) of such Code. (B) Political divisions included.--Such term includes organizations that provide such services in each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (4) Low-income families.--The term ``low-income families'' has the meaning given such term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (5) Qualified relative.-- (A) In general.--The term ``qualified relative'' means an individual who is an elderly person and, with respect to a child, who-- (i) is not a parent of the child by blood or marriage; and (ii) is-- (I) a relative of the child by blood or marriage; or (II) a legal guardian of the child. (B) Adopted children.--In the case of a child who was adopted, the term includes an individual who, by blood or marriage, is a relative of the family who adopted the child. (6) Raising a child.--The term ``raising a child'' means, with respect to an individual, that the individual-- (A) resides with the child; and (B) is the primary caregiver (or is, together with a spouse or other household member, a primary caregiver) for the child-- (i) because the biological or adoptive parents of the child do not reside with the child or are unable or unwilling to serve as the primary caregiver for the child; and (ii) regardless of whether the individual has a legal relationship to the child (such as guardianship or legal custody). (7) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (8) Specialized housing.--The term ``specialized housing'' means housing that-- (A) is affordable (as the Secretary shall define for purposes of this Act) for low-income families; (B) is restricted to occupancy only by low-income families; (C) is designed to meet the special physical needs of elderly persons; (D) accommodates the provision of supportive services that are expected to be needed, either initially or over the useful life of the housing, by elderly persons and children that the housing is intended to serve; and (E) provides a range of such services that are tailored to the needs of elderly persons and children occupying such housing. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2015 through 2019.

Generational Residences and Nurturing Dwellings Act or the GRAND Act Establishes in the Department of Housing and Urban Development (HUD) a program to provide assistance for each fiscal year to up to five eligible nonprofit organizations to expand the supply of specialized housing and social services for qualified elderly relatives, age 60 or older, who are raising a child of whom they are not a parent either by blood or marriage. States that nothing in this Act shall preclude a recipient of such assistance from applying for or receiving financial assistance under any other HUD program. Provides such assistance in the form of: financing for the construction, reconstruction, moderate or substantial rehabilitation, or acquisition of a structure or a portion of a structure to be used as specialized housing; tenant-based rental (voucher) assistance under the United States Housing Act of 1937 for entities meeting certain criteria for use only by qualified relatives who are raising a child and are eligible for such assistance for rental of a dwelling unit that qualifies as specialized housing; elderly housing project rental assistance under the Housing Act of 1959 for entities entities meeting certain criteria in connection with dwelling units that qualify as specialized housing and are made available for occupancy only by qualified relatives who are raising a child and are eligible for occupancy in such housing; and help with ongoing operational expenses of any specialized housing, including costs of supportive services required for such housing.

GRAND Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Postal Innovation Act''. SEC. 2. EXPANDED SERVICES. (a) Pilot Program for Provision of Nonpostal Services.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, and notwithstanding the provisions of title 39, United States Code, the Postmaster General shall establish a pilot program to provide nonpostal services through public-private partnerships in 5 postal districts or regions, as determined by the Postmaster General, of which at least 1 district or region contains a post office located in a rural area. (2) Services.--The nonpostal services described in paragraph (1) may include-- (A) financial services; (B) warehousing; (C) experimental postal products market testing; (D) community support services; (E) Internet voting; (F) municipal broadband Internet service; (G) public wireless Internet service; (H) emergency broadband Internet service; and (I) passport services. (3) Report.--Not later than 1 year after the date of the establishment of the pilot program under subsection (a), the Postmaster General shall submit to Congress a report containing-- (A) an analysis of the pilot program conducted under paragraph (1); and (B) an assessment of the most cost-effective implementation of nonpostal services under the pilot program. (b) Governmental Services.--Section 411 of title 39, United States Code, is amended-- (1) in the second sentence, by striking ``this section'' and inserting ``this subsection''; (2) in the heading of such section, by striking ``Government'' and inserting ``government''; (3) by striking ``Executive agencies'' and inserting ``(a) Federal Government.--Executive agencies''; and (4) by adding at the end the following: ``(b) State, Local, and Tribal Governments.-- ``(1) Authority of postal service.--The Postal Service is authorized to furnish property and services to a State, local government, or tribal government under such terms and conditions, including the possibility for reimbursement, as the Postal Service and the applicable State, local government, or tribal government shall determine appropriate. ``(2) Definitions.--In this subsection-- ``(A) the term `State' means each of the several States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States. ``(B) the term `tribal government' means the government of an Indian tribe (as defined in section 4(e) of the Indian Self-Determination Act (25 U.S.C. 450b(e))).''. (c) Clerical Amendment.--The item related to section 411 in the analysis of chapter 4 of title 39, United States Code, is amended to read as follows: ``411. Cooperation with other government agencies.''. SEC. 3. SHIPPING OF ALCOHOLIC BEVERAGES. (a) Mailability.-- (1) Nonmailable articles.--Section 1716(f) of title 18, United States Code, is amended by striking ``mails'' and inserting ``mails, except to the extent that the mailing is allowable under section 3001(p) of title 39''. (2) Mailable alcoholic beverages.--Section 1154(a) of title 18, United States Code, is amended, by inserting ``or, with respect to the mailing of alcoholic beverages to the extent allowed under section 3001(p) of title 39'' after ``mechanical purposes''. (b) Regulations.--Section 3001 of title 39, United States Code, is amended by adding at the end the following: ``(p)(1) Alcoholic beverages shall be considered mailable if mailed-- ``(A) by a covered shipper in accordance with applicable regulations under paragraph (2); and ``(B) in accordance with the delivery requirements otherwise applicable to privately carried shipments of alcoholic beverages. ``(2) The Postal Service shall prescribe such regulations as may be necessary to carry out this subsection, including regulations providing that-- ``(A) the mailing shall be by a means established by the Postal Service to ensure direct delivery to the addressee or a duly authorized agent at a postal facility; ``(B) the addressee (and any duly authorized agent) shall be an individual at least 21 years of age, and shall present a valid, government-issued photo identification at the time of delivery; ``(C) the alcoholic beverage may not be for resale or other commercial purpose; and ``(D) the covered shipper involved shall-- ``(i) certify in writing to the satisfaction of the Postal Service, through a registration process administered by the Postal Service, that the mailing is not in violation of any provision of this subsection or regulation prescribed under this subsection; and ``(ii) provide any other information or affirmation that the Postal Service may require, including with respect to the prepayment of State alcohol beverage taxes. ``(3) For purposes of this subsection-- ``(A) the term `alcoholic beverage' has the meaning given such term in section 203 of the Federal Alcohol Administration Act (27 U.S.C. 214); and ``(B) the term `covered shipper' means a winery, brewery, or beverage distilled spirits plant, or other wholesaler, distributer, or retailer of alcoholic beverages that-- ``(i) possesses a notice of registration or permit approved by the Alcohol and Tobacco Tax and Trade Bureau of the Department of the Treasury pursuant to the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.); or ``(ii) has registered with, obtained a permit from, or obtained approval of a notice or an application from, the Secretary of the Treasury pursuant to Chapter 51 of the Internal Revenue Code of 1986 (26 U.S.C. 5001 et seq.).''. (c) Effective Date.--The amendments made by this section shall take effect on the earlier of-- (1) the date on which the Postal Service issues regulations under section 3001(p) of title 39, United States Code, as amended by this section; or (2) 120 days after the date of enactment of this Act. SEC. 4. UPGRADING THE FLEET OF THE POSTAL SERVICE. (a) Contracting.-- (1) In general.--The Postmaster General may enter into contracts to upgrade the postal fleet to increase long-term savings by reducing collision, maintenance, fuel, or other costs. (2) Review.--In determining whether to enter into contracts under paragraph (1), the Postal Service shall review and identify routes for which the Postal Service provides delivery to determine if motor vehicles used on such routes can be replaced or retrofitted with commercially available technologies that-- (A) increase average fuel economy; (B) reduce collisions with other motorized vehicles, nonmotorized vehicles, and pedestrians; or (C) reduce emissions of carbon dioxide. (b) Guidelines.--The Postmaster General shall develop guidelines for contracted vehicles and vehicles purchased or leased for use by the Postal Service, that, at a minimum, require that-- (1) in the case of a passenger car, the car meets-- (A) with respect to emissions of carbon dioxide, the more stringent of-- (i) the applicable standards developed by the Environmental Protection Agency under title II of the Clean Air Act (42 U.S.C. 7521 et seq.); or (ii) on average, less than 235 grams per mile; and (B) with respect to average fuel economy, the more stringent of-- (i) the applicable average fuel economy standards developed by the National Highway Traffic Safety Administration under chapter 329 of title 49, United States Code; or (ii) 37.8 miles per gallon; (2) in the case of a light-duty truck, the truck meets-- (A) with respect to emissions of carbon dioxide, the more stringent of-- (i) the applicable standards developed by the Environmental Protection Agency under title II of the Clean Air Act (42 U.S.C. 7521 et seq.); or (ii) on average, less than 310 grams per mile; and (B) with respect to average fuel economy, the more stringent of-- (i) the applicable average fuel economy standards developed by the National Highway Traffic Safety Administration under chapter 329 of title 49, United States Code; or (ii) 28.8 miles per gallon; (3) medium-duty and heavy-duty vehicles comply with applicable standards-- (A) for emissions of carbon dioxide developed by the Administrator of the Environmental Protection Agency under title II of the Clean Air Act (42 U.S.C. 7521 et seq.); and (B) for average fuel economy developed by the Secretary of Transportation under chapter 329 of title 49, United States Code; and (4) for safety, the vehicles described in paragraphs (1) through (3) are equipped with commercially available crash avoidance solutions, including-- (A) camera-based sensors; and (B) automatic emergency braking for new vehicles. (c) Applicability of Guidelines.--The standards described in subsection (b) shall apply to contracted vehicles and vehicles purchased or leased for use by the Postal Service after the date that is 1 year after the date of enactment of this Act. (d) Reduction of Consumption of Petroleum Products.--The Postmaster General shall reduce the total consumption of petroleum products by vehicles in the postal fleet by not less than 2 percent annually through the end of fiscal year 2025, relative to the baseline established for fiscal year 2005. SEC. 5. INVESTING IN THE FUTURE OF THE POSTAL SERVICE. The Postmaster General may use cost savings from section 2 to reinvest in innovation, research and development, and operations of the Postal Service. SEC. 6. GAO REPORT. Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the feasibility of the Postal Service providing Internet services to the public, including access to broadband Internet and Internet voting services. Such study shall include-- (1) cost-effective strategies for using the infrastructure, technology, and processes of existing networks that the Postal Service uses for transportation, delivery, and retail to provide the Internet services; (2) recommendations for providing such services in a manner that is consistent with the public interest; and (3) an analysis of whether providing such services has the potential to improve the financial position of the Postal Service. SEC. 7. DEFINITION. In this Act, the term ``Postal Service'' means the United States Postal Service.

Postal Innovation Act This bill directs the U.S. Postal Service (USPS) to establish a pilot program to provide nonpostal services through public-private partnerships in five postal districts or regions, including at least one rural area. Such nonpostal services may include financial services, warehousing, experimental postal products market testing, community support services, Internet voting, municipal broadband and public wireless Internet service, emergency broadband Internet service, and passport services. The bill also authorizes the USPS to furnish property and services to a state, local, or tribal government. USPS may use cost savings from providing such services to reinvest in innovation, research and development, and operations. The bill sets forth conditions under which alcoholic beverages shall be considered mailable. They must be mailed: (1) by a covered shipper, (2) in accordance with delivery requirements otherwise applicable to privately carried shipments, and (3) by a means that ensures direct delivery to a duly authorized agent at a postal facility or to the addressee, who must be at least 21 years of age and must present a valid, government-issued photo identification at the time of delivery. The alcoholic beverage may not be for resale or other commercial purpose. The bill authorizes USPS to enter into contracts to upgrade its fleet of vehicles to increase long-term savings by reducing collision, maintenance, fuel, or other costs. USPS must: (1) develop guidelines for carbon dioxide emissions, fuel economy, and safety for its vehicles; and (2) reduce the petroleum consumption of its vehicles by not less than 2% annually through the end of FY2025. The Government Accountability Office must conduct a study on the feasibility of USPS providing Internet services to the public.

Postal Innovation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Education Equity Act of 2001''. SEC. 2. ASSISTANCE PROGRAM AUTHORIZED. Part A of title III of the Higher Education Act of 1965 is amended by inserting after section 317 (20 U.S.C. 1059d) the following new section: ``SEC. 318. NATIVE AMERICAN-SERVING INSTITUTIONS. ``(a) Program Authorized.--The Secretary shall provide grants and related assistance to Native American-serving institutions to enable such institutions to improve and expand their capacity to serve the members of Indian tribes. ``(b) Definitions.--For the purpose of this section-- ``(1) the term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaskan Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, or which is recognized as an Indian tribe by law by any State or the District of Columbia; ``(2) the term `Native American-serving institution' means an institution of higher education that-- ``(A) is an eligible institution under section 312(b); ``(B) is not an eligible institution for purposes of section 316 or 317; and ``(C) at the time of application, has an enrollment of undergraduate students that is at least 20 percent students who are members of one or more Indian tribes. ``(c) Authorized Activities.-- ``(1) Types of activities authorized.--Grants awarded under this section shall be used by Native American-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions' capacity to serve members of one or more Indian tribes. ``(2) Examples of authorized activities.--Such programs may include-- ``(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; ``(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities; ``(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty's field of instruction; ``(D) curriculum development and academic instruction; ``(E) purchase of library books, periodicals, microfilm, and other educational materials; ``(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management; ``(G) joint use of facilities such as laboratories and libraries; and ``(H) academic tutoring and counseling programs and student support services. ``(d) Application Process.-- ``(1) Institutional eligibility.--Each Native American- serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is a Native American-serving institution as defined in subsection (b), along with such other information and data as the Secretary may by regulation require. ``(2) Applications.--Any institution which is determined by the Secretary to be a Native American-serving institution may submit an application for assistance under this section to the Secretary. The Secretary shall, to the extent possible, prescribe a simplified and streamlined format for such applications that takes into account the limited number of institutions that are eligible for assistance under this section. Such application shall include-- ``(A) a 5-year plan for improving the assistance provided by the Native American-serving institution to students who are members of one or more Indian tribes; and ``(B) such other information and assurance as the Secretary may require. ``(3) Special rules.-- ``(A) Eligibility.--No Native American-serving institution that receives funds under this section shall concurrently receive funds under other provisions of this part or part B. ``(B) Exemption.--Section 313(d) shall not apply to institutions that are eligible to receive funds under this section. ``(C) Distribution.--In awarding grants under this section, the Secretary shall, to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 399(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1068h(a)(1)) is amended-- (1) in subparagraph (A), by striking ``section 316'' and inserting ``sections 316, 317, and 318''; and (2) by adding at the end the following new subparagraph: ``(D) There are authorized to be appropriated to carry out section 318, $10,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Native American Education Equity Act of 2001 - Amends the Higher Education Act of 1965 to establish a program that provides grants and related assistance to higher education institutions serving Native Americans.Defines "Indian Tribe" and "Native American-serving institution."Sets forth examples of authorized activities to which grants may be applied such as: (1) buying, renting, or leasing scientific equipment for educational purposes; (2) renovating and improving classrooms and libraries; (3) supporting faculty exchanges and faculty fellowships; (4) funds and administrative management; and (5) academic tutoring and counseling programs.Directs the Secretary to create a streamlined format enabling qualified institutions to apply for assistance.

To establish a program to provide assistance to institutions of higher education serving members of Indian tribes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeting Child Predators Act of 2017''. SEC. 2. NONDISCLOSURE OF ADMINISTRATIVE SUBPOENAS. Section 3486(a) of title 18, United States Code, is amended-- (1) by striking ``the Secretary of the Treasury'' each place it appears and inserting ``the Secretary of Homeland Security''; (2) in paragraph (5), by striking ``ordered by a court''; and (3) in paragraph (6)-- (A) in subparagraph (A), by striking ``A United States'' and inserting ``Except as provided in subparagraph (D), a United States''; and (B) by adding at the end the following: ``(D)(i)(I) If a subpoena issued under this section as described in paragraph (1)(A)(i)(II) is accompanied by a certification under subclause (II) and notice of the right to judicial review under clause (iii), no recipient of such a subpoena shall disclose to any person that the Federal official who issued the subpoena has sought or obtained access to information or records under this section, for a period of 180 days. ``(II) The requirements of subclause (I) shall apply if the Federal official who issued the subpoena certifies that the absence of a prohibition of disclosure under this subsection may result in-- ``(aa) endangering the life or physical safety of an individual; ``(bb) flight from prosecution; ``(cc) destruction of or tampering with evidence; ``(dd) intimidation of potential witnesses; or ``(ee) otherwise seriously jeopardizing an investigation. ``(ii)(I) A recipient of a subpoena under this section as described in paragraph (1)(A)(i)(II) may disclose information otherwise subject to any applicable nondisclosure requirement to-- ``(aa) those persons to whom disclosure is necessary in order to comply with the request; ``(bb) an attorney in order to obtain legal advice or assistance regarding the request; or ``(cc) other persons as permitted by the Federal official who issued the subpoena. ``(II) A person to whom disclosure is made under subclause (I) shall be subject to the nondisclosure requirements applicable to a person to whom a subpoena is issued under this section in the same manner as the person to whom the subpoena was issued. ``(III) Any recipient that discloses to a person described in subclause (I) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement. ``(IV) At the request of the Federal official who issued the subpoena, any person making or intending to make a disclosure under item (aa) or (cc) of subclause (I) shall identify to the individual making the request under this clause the person to whom such disclosure will be made or to whom such disclosure was made prior to the request. ``(iii)(I) A nondisclosure requirement imposed under clause (i) shall be subject to judicial review under section 3486A. ``(II) A subpoena issued under this section as described in paragraph (1)(A)(i)(II), in connection with which a nondisclosure requirement under clause (i) is imposed, shall include notice of the availability of judicial review described in subclause (I). ``(iv) A nondisclosure requirement imposed under clause (1) may be extended in accordance with section 3486A(a)(4).''. SEC. 3. JUDICIAL REVIEW OF NONDISCLOSURE REQUIREMENTS. (a) In General.--Chapter 223 of title 18, United States Code, is amended by inserting after section 3486 the following: ``Sec. 3486A. Judicial review of nondisclosure requirements ``(a) Nondisclosure.-- ``(1) In general.-- ``(A) Notice.--If a recipient of a subpoena under section 3486 as described in subsection (a)(1)(A)(i)(II) of section 3486 wishes to have a court review a nondisclosure requirement imposed in connection with the subpoena, the recipient may notify the Government or file a petition for judicial review in any court described in subsection (a)(5) of section 3486. ``(B) Application.--Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant subpoena. An application under this subparagraph may be filed in the district court of the United States for the judicial district in which the recipient of the subpoena is doing business or in the district court of the United States for any judicial district within which the authorized investigation that is the basis for the subpoena is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement. ``(C) Consideration.--A district court of the United States that receives a petition under subparagraph (A) or an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances. ``(2) Application contents.--An application for a nondisclosure order or extension thereof or a response to a petition filed under paragraph (1) shall include a certification from the Federal official who issued the subpoena indicating that the absence of a prohibition of disclosure under this subsection may result in-- ``(A) endangering the life or physical safety of an individual; ``(B) flight from prosecution; ``(C) destruction of or tampering with evidence; ``(D) intimidation of potential witnesses; or ``(E) otherwise seriously jeopardizing an investigation. ``(3) Standard.--A district court of the United States shall issue a nondisclosure order or extension thereof under this subsection if the court determines that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period may result in-- ``(A) endangering the life or physical safety of an individual; ``(B) flight from prosecution; ``(C) destruction of or tampering with evidence; ``(D) intimidation of potential witnesses; or ``(E) otherwise seriously jeopardizing an investigation. ``(4) Extension.--Upon a showing that the circumstances described in subparagraphs (A) through (E) of paragraph (3) continue to exist, a district court of the United States may issue an ex parte order extending a nondisclosure order imposed under this subsection or under section 3486(a)(6)(D) for additional periods of 180 days, or, if the court determines that the circumstances necessitate a longer period of nondisclosure, for additional periods which are longer than 180 days. ``(b) Closed Hearings.--In all proceedings under this section, subject to any right to an open hearing in a contempt proceeding, the court must close any hearing to the extent necessary to prevent an unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 3486. Petitions, filings, records, orders, certifications, and subpoenas must also be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a subpoena under section 3486.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 223 of title 18, United States Code, is amended by inserting after the item relating to section 3486 the following: ``3486A. Judicial review of nondisclosure requirements.''.

Targeting Child Predators Act of 2017 This bill amends the federal criminal code to add new provisions with respect to a nondisclosure requirement issued in connection with an administrative subpoena in a child exploitation or abuse investigation. The bill modifies the process for issuing a nondisclosure requirement in a child exploitation or abuse investigation and lengthens the period of time during which a recipient of an administrative subpoena is prohibited from disclosure. It also subjects a nondisclosure requirement to judicial review, requires the administrative subpoena to include notice of the availability of judicial review, and establishes a process for judicial review.

Targeting Child Predators Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Hope Act of 2003''. SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO EDUCATION INVESTMENT ORGANIZATIONS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by inserting after section 30A the following new section: ``SEC. 30B. CONTRIBUTIONS TO EDUCATION INVESTMENT ORGANIZATIONS. ``(a) In General.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year the aggregate amount of qualified contributions for the taxable year. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $100 ($200 in the case of a joint return). ``(c) Qualified Contributions.--For purposes of this section-- ``(1) In general.--The term `qualified contribution' means a charitable contribution (as defined by section 170(c)) to an education investment organization. ``(2) Education investment organization.--The term `education investment organization' means any organization described in section 170(c)(2) if-- ``(A) normally not less than 90 percent of the annual cash contributions to such organization are disbursed in the form of grants to students for qualified elementary and secondary education expenses, and ``(B) not less than \1/2\ of such disbursements are to students who are eligible for free or reduced-cost lunches under the school lunch program established under the Richard B. Russell National School Lunch Act. ``(3) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' has the meaning given such term by section 530(b)(4), except that `child' shall be substituted for `beneficiary' and `a child' shall be substituted for `the designated beneficiary of the trust' in clauses (i) and (iii) of subparagraph (A). ``(4) State credit must be taken first.-- ``(A) No credit shall be allowed to a taxpayer under this section for a taxable year unless, for the taxable year, the taxpayer is allowed on the taxpayer's State tax return the minimum State qualified scholarship tax credit (as defined in section 3 of the Children's Hope Act of 2003). ``(B) No credit shall be allowed to a taxpayer under this section for such taxable year for any contributions that were taken into account for purposes of such State qualified scholarship tax credit. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. ``(2) Time when contributions deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a contribution to an education investment organization on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof).''. (b) Scholarships From Education Investment Organizations Excluded From Income.--Section 74 of such Code (relating to prizes and awards) is amended by adding at the end the following new subsection: ``(d) Scholarships From Education Investment Organizations.--Gross income does not include amounts received as a scholarship from an education investment organization (as defined in section 30B(c)(2)) for qualified elementary and secondary education expenses (as defined in section 30B(c)(3)). Such scholarship shall not be taken into account for purposes of determining eligibility for any Federal program.''. (c) Clerical Amendment.--The table of sections for such subpart B is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Contributions to education investment organizations.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 3. FEDERAL SCHOLARSHIP TAX CREDIT CONDITIONED ON STATE QUALIFIED SCHOLARSHIP TAX CREDIT. (a) In General.--For purposes of section 30B(e) of the Internal Revenue Code of 1986 (as added by section 2 of this Act) a scholarship tax credit shall not be treated as a State qualified scholarship tax credit unless the requirements of subsection (b) are met. (b) Requirements Relating to State Qualified Scholarship Tax Credit.-- (1) In general.--For purposes of subsection (a), the requirements of this subsection are met only if-- (A) the tax credit is for an amount of not less than $250 per taxpayer and is allowed against the State income tax (property tax for those States that don't have income tax) for the amount of voluntary cash contributions made by the taxpayer during the taxable year to a school tuition organization described in paragraph (2), (B) the excess of such credit over tax liability may be carried forward for not more than five years, (C) if the taxpayer does not require, as a condition of the contribution, that the contribution must benefit a specific child, and (D) such credit is not allowable for direct donations to private schools. (2) School tuition organization.--For purposes of paragraph (1), a school tuition organization is described in this paragraph if such organization-- (A) is an organization operating in the State and is described in section 501(c)(3), and is exempt from tax under section 501(a), of the Internal Revenue Code of 1986, (B) expends at least 90 percent of its annual cash contributions for educational scholarships or tuition grants to children to allow them to attend any qualified school chosen at the sole discretion of their parents, and (C) disburses at least 90 percent of its annual cash contributions within one year of their receipt. (3) Qualified school.--For purposes of paragraph (2), the term ``qualified school'' means any elementary school or secondary school that is located in the State in which the taxpayer resides and does not discriminate on the basis of race, color, handicap, familial status, or national origin and that satisfies the requirements prescribed by State law for such schools as of December 31, 2004. (4) Educational scholarships or tuition grants.--The term ``educational scholarship or a tuition grant'' means any scholarship or grant awarded for qualified elementary and secondary education expenses (as defined in section 530(b)(4) of the Internal Revenue Code of 1986). (c) State.--For purposes of this section, the term ``State'' means any of the several States.

Children's Hope Act of 2003 - Amends the Internal Revenue Code to provide for a credit ($100, $200 for joint return) which is dependent on enactment of State qualified scholarship tax credits and which is allowed against the Federal income tax for charitable contributions to education investment organizations (as defined by this Act) that provide qualifying assistance for elementary and secondary education. Excludes from gross income amounts received from an education investment organization for qualified elementary and secondary education expenses.

To amend the Internal Revenue Code of 1986 to provide for a credit which is dependent on enactment of State qualified scholarship tax credits and which is allowed against the Federal income tax for charitable contributions to education investment organizations that provide assistance for elementary and secondary education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Accountability Tax Gap Act of 2003''. SEC. 2. AVAILABILITY OF CERTAIN TAX INFORMATION OF PUBLICLY TRADED CORPORATIONS. (a) In General.--Section 6103 of the Internal Revenue Code of 1986 is amended by redesignating subsection (q) as subsection (r) and by inserting after subsection (p) the following new subsection: ``(q) Public Disclosure of Certain Corporate Tax Information.-- ``(1) In general.--Each specified corporation shall, on the date that it files its return of tax imposed by chapter 1 for each taxable year, electronically file the information described in paragraph (2) for such year. Not later than 30 days after receiving such information, the Secretary shall make it electronically available to the public as a single document and as part of a searchable database as provided in paragraph (3). ``(2) Information.--The information described in this paragraph with respect to a corporation for a taxable year are the following items: ``(A) Net corporate income tax as shown on the return for such year. ``(B) Amount shown as Federal income tax expense on its annual statement (if any) filed with the Securities and Exchange Commission. ``(C) Taxable income as shown on such return. ``(D) Adjusted book income. ``(E) The portion of the total difference between taxable income and adjusted book income which is attributable to each of the following: ``(i) Transactions disclosable under section 6011. ``(ii) Depreciation differences. ``(iii) Stock options. ``(iv) Income from entities consolidated for book income purposes but not for Federal income tax purposes. ``(v) Income from pension funds or tax- exempt bonds. ``(vi) Other items, pursuant to regulations prescribed by the Secretary. ``(F) An explanation of the differences between taxable income and adjusted book income that are attributable to one or more of the following: ``(i) Transactions referred to in subparagraph (E)(i). ``(ii) Other items specified in regulations referred to in subparagraph (E)(vi). ``(iii) Any additional information that the Secretary determines would be useful in enforcing this title, including any information which is an indicia of abusive tax avoidance schemes. ``(3) Access.--The Secretary shall make the information described in paragraph (2) accessible electronically by a search which uses the following items: ``(A) Name of the corporation. ``(B) Headquarters location by postal zip code. ``(C) Each category of such information. ``(D) Taxable year or other time period to which such information relates. ``(E) The CUSIP identification number under which the corporation files reports with the Securities and Exchange Commission. ``(4) Specified corporation.--For purposes of this subsection, the term `specified corporation' means-- ``(A) any corporation issuing any class of securities required to be registered under section 12 of the Securities Exchange Act of 1934, and ``(B) any other domestic corporation which is a member of an affiliated group (as defined in section 1504) which includes a corporation described in subparagraph (A). In the case of a corporation which is a member of an affiliated group filing a consolidated return, the term `specified corporation' means such group and not each member thereof. ``(5) Other definitions.--For purposes of this subsection-- ``(A) Net corporate income tax.--The term `net corporate income tax' means the sum of regular tax liability (as defined by section 26(b)) and the tax imposed by section 55, reduced by the credits allowable under part IV of subchapter A of chapter 1. ``(B) Adjusted book income.--The term `adjusted book income' means book income reported to the Securities and Exchange Commission (or to shareholders) without reduction for preferred stock dividends, Federal income taxes, and income, war profits, or excess profits taxes imposed by any foreign country or possession of the United States.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. STUDY OF TAX SHELTER ACTIVITY. (a) Study.--The Secretary of the Treasury (or the Secretary's delegate) shall, in coordination with the Joint Committee on Taxation, Committee on Finance of the Senate, and the Committee on Ways and Means of the House of Representatives, conduct a study of recent known corporate tax shelter activity, including information gained from the tax shelter amnesty announced in Internal Revenue Service Announcement 2002-02 and from the study of Enron tax returns by the such Committee on Finance. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the report of such study shall be submitted to Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. Such report shall include recommendations (if any) for-- (1) requiring additional information on the reconciliation of book/tax accounting and publicly disclosing that additional information under section 6103(q) of the Internal Revenue Code of 1986, and (2) publicly disclosing additional information from the corporate income tax return. Such report also shall include a description of the actions that such Secretary has taken toward implementing any such recommendations.

Corporate Accountability Tax Gap Act of 2003 - Amends the Internal Revenue Code to provide for public disclosure of certain information of publicly traded corporations.Directs the Secretary of the Treasury to conduct a study of corporate tax shelter activity.

To amend the Internal Revenue Code of 1986 to require greater transparency of corporate tax accounting measures, to facilitate analysis of financial statements, to permit inspection of true corporate tax liability and understand the tax strategies undertaken by corporations, to discourage abusive tax sheltering activities, and to restore investor confidence in publicly traded corporations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Paid Parental Leave Act of 2007''. SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5. (a) Amendment to Title 5.--Subsection (d) of section 6382 of title 5, United States Code, is amended to read as follows: ``(d)(1) An employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave which is available to such employee for that purpose. ``(2) The paid leave that is available to an employee for purposes of paragraph (1) is-- ``(A) 8 administrative workweeks of paid leave under this subparagraph in connection with the birth or placement involved; and ``(B) any annual or sick leave accrued or accumulated by such employee under subchapter I. ``(3) Nothing in this subchapter shall be considered to require-- ``(A) that an employing agency provide paid sick leave in any situation in which such employing agency would not normally be required to provide such leave; or ``(B) that an employee first use all or any portion of the leave described in subparagraph (B) of paragraph (2) before being allowed to use leave described in subparagraph (A) of such subparagraph. ``(4) Leave under paragraph (2)(A)-- ``(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency; ``(B) shall not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; and ``(C) if not used by the employee before the end of the 12- month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use. ``(5) The Office shall prescribe any regulations necessary to carry out this subsection, including, subject to paragraph (3)(B), the manner in which an employee may designate any day or other period as to which such employee wishes to use leave described in paragraph (2)(A).''. (b) Effective Date.--The amendments made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES. (a) Amendment to Congressional Accountability Act.--Section 202 of the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is amended-- (1) in subsection (a)(1), by adding at the end the following: ``In applying section 102(a)(1)(A) and (B) to covered employees, subsection (d) shall apply.''; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following: ``(d) Special Rule for Paid Parental Leave for Congressional Employees.-- ``(1) Substitution of paid leave.--A covered employee taking leave without pay under subparagraphs (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) may elect to substitute for any such leave any paid leave which is available to such employee for that purpose. ``(2) Amount of paid leave.--The paid leave that is available to a covered employee for purposes of paragraph (1) is-- ``(A) 8 workweeks of paid leave under this subparagraph in connection with the birth or placement involved; and ``(B) any additional paid vacation or sick leave provided by the employing office to such employee. ``(3) Limitation.--Nothing in this section shall be considered to require-- ``(A) that an employing office provide paid sick leave in any situation in which such employing office would not normally be required to provide such leave; or ``(B) that a covered employee first use all or any portion of the leave described in subparagraph (B) of paragraph (2) before being allowed to use leave described in subparagraph (A) of such paragraph. ``(4) Additional rules.--Leave under paragraph (2)(A)-- ``(A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office; and ``(B) if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to which it relates, shall not accumulate for any subsequent use.''. (b) Effective Date.--The amendments made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act.

Federal Employees Paid Parental Leave Act of 2007 - Allows federal employees to substitute any available paid leave for any leave without pay available for either the: (1) birth of a child; or (2) placement of a child with the employee for either adoption or foster care. Makes available for any of the 12 weeks of leave an employee is entitled to for such purposes: (1) eight administrative weeks of paid leave in connection with the birth or placement involved; and (2) any accumulated annual or sick leave. Amends the Congressional Accountability Act of 1995 to allow the same substitution for covered congressional employees.

To provide that 8 of the 12 weeks of parental leave made available to a Federal employee shall be paid leave, and for other purposes.

SECTION 1. SHORT TITLE. This title may be cited as the ``Social Security Surplus Preservation and Debt Reduction Act''. SEC. 2. FINDINGS. Congress finds that-- (1) The $69,246,000,000 unified budget surplus achieved in fiscal year 1998 was entirely due to surpluses generated by the social security trust funds and the cumulative unified budget surpluses projected for subsequent fiscal years are primarily due to surpluses generated by the social security trust funds; (2) Congress and the President should balance the budget excluding the surpluses generated by the social security trust funds; (3) according to the Congressional Budget Office, balancing the budget excluding the surpluses generated by the social security trust funds will reduce the debt held by the public by a total of $1,859,500,000,000 by the end of fiscal year 2009; (4) social security surpluses should be used for social security reform or to reduce the debt held by the public and should not be spent on other programs; and (5) if Social Security surpluses are not raided to pay for non-Social Security spending, they will, under current law, be used to reduce the debt held by the public and thereby improve the future viability of the Social Security system. SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS. (a) Protection by Congress.-- (1) Reaffirmation of support.--Congress reaffirms its support for the provisions of section 13301 of the Budget Enforcement Act of 1990 that provides that the receipts and disbursements of the social security trust funds shall not be counted for the purposes of the budget submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985. (2) Protection of social security benefits.--If there are sufficient balances in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, the Secretary of Treasury shall give priority to the payment of social security benefits required to be paid by law. (b) Points of Order.--Section 301 of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``(j) Social Security Point of Order.--It shall not be in order in the Senate to consider a concurrent resolution on the budget, an amendment thereto, or a conference report thereon that violates section 13301 of the Budget Enforcement Act of 1990. ``(k) Social Security Surplus Protection Point of Order.-- ``(1) In general.--It shall not be in order in the Senate to consider a concurrent resolution on the budget, an amendment thereto, or a conference report thereon that sets forth a deficit in any fiscal year. ``(2) Exception.--Paragraph (k) shall not apply if the deficit for a fiscal year results solely from the enactment of-- ``(A) social security reform legislation, as defined in section 253A(e)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985; or ``(B) provisions of legislation that are designated as an emergency requirement pursuant to section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (c) Supermajority Waiver and Appeal.--Subsections (c)(1) and (d)(2) of section 904 of the Congressional Budget Act of 1974 are amended by striking ``305(b)(2),'' and inserting ``301(k), 305(b)(2),''. SEC 4. PRESIDENT'S BUDGET. Section 1105(f) of title 31, United States Code, is amended by striking ``in a manner consistent'' and inserting ``in compliance''. SEC. 5. SENSE OF THE SENATE ON MEDICARE RESERVE FUND. (a) Findings.--The Senate finds that-- (1) the Congressional budget plan has $505,000,000,000 over ten years in unallocated budget surpluses that could be used for long-term medicare reform, other priorities, or debt reduction; (2) the Congressional budget resolution for fiscal year 2000 already has set aside $90,000,000,000 over ten years through a reserve fund for long-term medicare reform including prescription drug coverage; (3) the President estimates that his medicare proposal will cost $46,000,000,000 over 10 years; and (4) thus the Congressional budget resolution provides more than adequate resources for medicare reform, including prescription drugs. (b) Sense of the Senate.--It is the sense of the Senate that the Congressional budget resolution for fiscal year 2000 provides a sound framework for allocating resources to medicare to modernize medicare benefits, improve the solvency of the program, and improve coverage of prescription drugs.

Makes it out of order in the Senate to consider a concurrent budget resolution (or amendment thereto or conference report thereon) that sets forth a deficit for any fiscal year. Makes such point of order inapplicable if the deficit for a fiscal year results solely from the enactment of social security reform legislation or provisions designated as emergency requirements. Expresses the sense of the Senate that the congressional budget resolution for FY 2000 provides a sound framework for allocating resources to Medicare to modernize Medicare benefits, improve the solvency of the program, and improve coverage of prescription drugs.

Social Security Surplus Preservation and Debt Reduction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ombudsman Reauthorization Act of 2001''. SEC. 2. OFFICE OF OMBUDSMAN. The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by striking section 2008 (42 U.S.C. 6917) and inserting the following: ``SEC. 2008. OFFICE OF OMBUDSMAN. ``(a) Definitions.--In this section: ``(1) Assistant administrator.--The term `Assistant Administrator' means the Assistant Administrator for Solid Waste and Emergency Response of the Environmental Protection Agency. ``(2) Office.--The term `Office' means the Office of the Assistant Administrator for Solid Waste and Emergency Response of the Environmental Protection Agency. ``(3) Ombudsman.--The term `Ombudsman' means the director of the Office of Ombudsman established under subsection (b). ``(b) Establishment.-- ``(1) In general.--The Administrator shall establish within the Office an Office of Ombudsman, to be directed by an Ombudsman. ``(2) Oversight.--The Ombudsman shall report directly to the Administrator. ``(c) Duties.--The Ombudsman shall-- ``(1) receive, and render assistance concerning, any complaint, grievance, or request for information submitted by any person relating to any program or requirement under this Act; and ``(2)(A) identify areas in which citizens have, and assist citizens in resolving, problems with the Office; ``(B) propose changes in the administrative practices of the Environmental Protection Agency to eliminate or, to the maximum extent practicable, mitigate those problems; and ``(C) conduct investigations, make findings of fact, and make nonbinding recommendations concerning those problems. ``(d) Powers and Responsibilities.--In carrying out this section, the Ombudsman-- ``(1) may, on receipt of a complaint or at the discretion of the Ombudsman, investigate any action of the Assistant Administrator without regard to the finality of the action; ``(2) may, under the authority of this section or section 104(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(e)), examine any record or document of, and enter and inspect without notice any property under the administrative jurisdiction of, the Environmental Protection Agency; ``(3) in a case in which the Ombudsman experiences difficulty in gathering information pertaining to an investigation conducted by the Ombudsman, may request the Department of Justice or applicable United States attorney to subpoena any person to appear to give sworn testimony concerning, or to produce documentary or other evidence determined by the Ombudsman to be reasonably material to, the investigation; ``(4) may carry out and participate in, and cooperate with any person or agency involved in, any conference, inquiry on the record, public hearing on the record, meeting, or study that, as determined by the Ombudsman-- ``(A) is reasonably material to an investigation conducted by the Ombudsman; or ``(B) may lead to an improvement in the performance of the functions of the Office; ``(5) shall maintain as confidential and privileged any and all communications concerning any matter pending, and the identities of any parties or witnesses appearing, before the Ombudsman; and ``(6) shall administer a budget for the Office of Ombudsman. ``(e) Administration.-- ``(1) In general.--The Ombudsman may-- ``(A) appoint an Associate Ombudsman for each region of the Environmental Protection Agency; and ``(B) evaluate and carry out personnel actions (including hiring and dismissal) with respect to any employee of the Office of Ombudsman. ``(2) Contact information.--The Ombudsman shall maintain, in each region of the Environmental Protection Agency, a telephone number, facsimile number, electronic mail address, and post office address for the Ombudsman that are different from the numbers and addresses of the regional office of the Environmental Protection Agency located in that region. ``(3) Cooperation.--All Federal agencies shall-- ``(A) assist the Ombudsman in carrying out functions of the Ombudsman under this section; and ``(B) promptly make available, in such format as may be determined by the Ombudsman, all requested information concerning-- ``(i) past or present agency waste management practices; and ``(ii) past or present hazardous waste facilities owned, leased, or operated by the agency. ``(4) Reports.--The Ombudsman shall, at least annually, publish in the Federal Register and submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Environment and Public Works of the Senate, the President, and, at the discretion of the Ombudsman, any other governmental agency, a report on the status of health and environmental concerns addressed in complaints and cases brought before the Ombudsman in the period of time covered by the report. ``(f) Penalties.--Any person that willfully-- ``(1) obstructs or hinders the proper and lawful exercise of the powers of the Ombudsman; or ``(2) misleads or attempts to mislead the Ombudsman in the course of an investigation; shall be subject, at a minimum, to penalties under sections 1001 and 1505 of title 18, United States Code. ``(g) Applicability.-- ``(1) In general.--This section-- ``(A) shall not limit any remedy or right of appeal; and ``(B) may be carried out notwithstanding any provision of law to the contrary that provides that an agency action is final, not reviewable, or not subject to appeal. ``(2) Effect on procedures for grievances, appeals, or administrative matters.--The establishment of the Office of Ombudsman shall not affect any procedure concerning grievances, appeals, or administrative matters under this Act or any other law (including regulations). ``(h) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $2,000,000 for each of fiscal years 2002 and 2003; ``(B) $3,000,000 for each of fiscal years 2004 through 2006; and ``(C) $4,000,000 for each of fiscal years 2007 through 2010. ``(2) Separate line item.--In submitting the annual budget for the Federal Government to Congress, the President shall include a separate line item for the funding for the Office of Ombudsman. ``(i) Termination.--The Office of Ombudsman shall cease to exist on the date that is 10 years after the date of enactment of the Ombudsman Reauthorization Act of 2001.''.

Ombudsman Reauthorization Act of 2001 - Amends the Solid Waste Disposal Act to revise provisions regarding the Ombudsman.Expands the duties of the Ombudsman to include: (1) assisting citizens in resolving problems with the Environmental Protection Agency (EPA) Office of the Assistant Administrator for Solid Waste and Emergency Response; (2) proposing changes in EPA administrative practices to mitigate such problems; and (3) conducting investigations, making findings of fact, and making nonbinding recommendations concerning such problems.Describes additional administrative and investigative powers of the Ombudsman.Reauthorizes appropriations for the Ombudsman through FY 2010.

To provide additional authority to the Office of Ombudsman of the Environmental Protection Agency.

-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-. -T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-A-r-t-s-, -H-u-m-a-n-i-t-i-e-s-, -a-n-d -M-u-s-e-u-m-s -A-m-e-n-d-m-e-n-t-s -o-f -1-9-9-3-'-'-. -S-E-C-. -2-. -A-M-E-N-D-M-E-N-T-S -T-O -T-H-E -N-A-T-I-O-N-A-L -F-O-U-N-D-A-T-I-O-N -O-N -T-H-E -A-R-T-S -A-N-D -T-H-E -H-U-M-A-N-I-T-I-E-S -A-C-T -O-F -1-9-6-5-. -(-a-) -F-u-n-d-s -A-u-t-h-o-r-i-z-e-d -f-o-r -P-r-o-g-r-a-m -G-r-a-n-t-s-.----S-e-c-t-i-o-n -1-1-(-a-)-(-1-) -o-f -t-h-e -N-a-t-i-o-n-a-l -F-o-u-n-d-a-t-i-o-n -o-n -t-h-e -A-r-t-s -a-n-d -t-h-e -H-u-m-a-n-i-t-i-e-s -A-c-t -o-f -1-9-6-5 -(-2-0 -U-.-S-.-C-. -9-6-0-(-a-)-(-1-)-) -i-s -a-m-e-n-d-e-d--- -(-1-) -i-n -s-u-b-p-a-r-a-g-r-a-p-h -(-A-)--- -(-A-) -i-n -c-l-a-u-s-e -(-i-) -b-y -s-t-r-i-k-i-n-g -`-`-$-1-2-5-,-8-0-0-,-0-0-0-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h -`-`-1-9-9-3-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g -`-`-$-1-1-9-,-9-8-5-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-5-'-'-; -(-B-) -b-y -a-m-e-n-d-i-n-g -c-l-a-u-s-e -(-i-i-) -t-o -r-e-a-d -a-s -f-o-l-l-o-w-s-: -`-`-(-i-i-) -N-o-t -l-e-s-s -t-h-a-n -2-7-.-5 -p-e-r-c-e-n-t -o-f -t-h-e -a-m-o-u-n-t -a-p-p-r-o-p-r-i-a-t-e-d -u-n-d-e-r -c-l-a-u-s-e -(-i-) -f-o-r -e-a-c-h -o-f -t-h-e -f-i-s-c-a-l -y-e-a-r-s -1-9-9-4 -a-n-d -1-9-9-5 -s-h-a-l-l -b-e -f-o-r -c-a-r-r-y-i-n-g -o-u-t -s-e-c-t-i-o-n -5-(-g-)-.-'-'-; -a-n-d -(-C-) -i-n -t-h-e -f-i-r-s-t -s-e-n-t-e-n-c-e -o-f -c-l-a-u-s-e -(-i-i-i-) -b-y -s-t-r-i-k-i-n-g -`-`-F-o-r-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h -`-`-s-h-a-l-l-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g -`-`-N-o-t -l-e-s-s -t-h-a-n -7-.-5 -p-e-r-c-e-n-t -o-f -t-h-e -a-m-o-u-n-t -a-p-p-r-o-p-r-i-a-t-e-d -u-n-d-e-r -c-l-a-u-s-e -(-i-) -f-o-r -e-a-c-h -o-f -t-h-e -f-i-s-c-a-l -y-e-a-r-s -1-9-9-4 -a-n-d -1-9-9-5 -s-h-a-l-l-'-'-; -a-n-d -(-2-) -i-n -t-h-e -f-i-r-s-t -s-e-n-t-e-n-c-e -o-f -s-u-b-p-a-r-a-g-r-a-p-h -(-B-) -b-y -s-t-r-i-k-i-n-g -`-`-$-1-1-9-,-9-0-0-,-0-0-0-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h -`-`-1-9-9-3-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g -`-`-$-1-3-0-,-5-7-3-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-5-'-'-. -(-b-) -F-u-n-d-s -A-u-t-h-o-r-i-z-e-d -T-o -M-a-t-c-h -N-o-n-- -F-e-d-e-r-a-l -F-u-n-d-s -R-e-c-e-i-v-e-d-.----S-e-c-t-i-o-n -1-1-(-a-) -o-f -t-h-e -N-a-t-i-o-n-a-l -F-o-u-n-d-a-t-i-o-n -o-n -t-h-e -A-r-t-s -a-n-d -t-h-e -H-u-m-a-n-i-t-i-e-s -A-c-t -o-f -1-9-6-5 -(-2-0 -U-.-S-.-C-. -9-6-0-(-a-)-) -i-s -a-m-e-n-d-e-d--- -(-1-) -i-n -p-a-r-a-g-r-a-p-h -(-2-)--- -(-A-) -i-n -s-u-b-p-a-r-a-g-r-a-p-h -(-A-)--- -(-i-) -b-y -s-t-r-i-k-i-n-g -`-`-1-9-9-3-'-' -t-h-e -f-i-r-s-t -p-l-a-c-e -t-h-e -t-e-r-m -a-p-p-e-a-r-s -a-n-d -i-n-s-e-r-t-i-n-g -`-`-1-9-9-5-'-'-; -a-n-d -(-i-i-) -b-y -s-t-r-i-k-i-n-g -`-`-$-1-3-,-0-0-0-,-0-0-0-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h -`-`-1-9-9-3-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g -`-`-$-1-6-,-9-5-5-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-5-'-'-; -a-n-d -(-B-) -i-n -s-u-b-p-a-r-a-g-r-a-p-h -(-B-)--- -(-i-) -b-y -s-t-r-i-k-i-n-g -`-`-1-9-9-3-'-' -t-h-e -f-i-r-s-t -p-l-a-c-e -t-h-e -t-e-r-m -a-p-p-e-a-r-s -a-n-d -i-n-s-e-r-t-i-n-g -`-`-1-9-9-5-'-'-; -a-n-d -(-i-i-) -b-y -s-t-r-i-k-i-n-g -`-`-$-1-2-,-0-0-0-,-0-0-0-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h -`-`-1-9-9-3-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g -`-`-$-1-1-,-9-6-3-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-5-'-'-; -(-2-) -i-n -p-a-r-a-g-r-a-p-h -(-3-)--- -(-A-) -i-n -s-u-b-p-a-r-a-g-r-a-p-h -(-A-)--- -(-i-) -b-y -s-t-r-i-k-i-n-g -`-`-1-9-9-3-'-' -t-h-e -f-i-r-s-t -p-l-a-c-e -t-h-e -t-e-r-m -a-p-p-e-a-r-s -a-n-d -i-n-s-e-r-t-i-n-g -`-`-1-9-9-5-'-'-; -a-n-d -(-i-i-) -b-y -s-t-r-i-k-i-n-g -`-`-$-1-5-,-0-0-0-,-0-0-0-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h -`-`-1-9-9-3-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g -`-`-$-1-3-,-1-8-7-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-5-'-'-; -a-n-d -(-B-) -i-n -s-u-b-p-a-r-a-g-r-a-p-h -(-B-)--- -(-i-) -b-y -s-t-r-i-k-i-n-g -`-`-1-9-9-3-'-' -t-h-e -f-i-r-s-t -p-l-a-c-e -t-h-e -t-e-r-m -a-p-p-e-a-r-s -a-n-d -i-n-s-e-r-t-i-n-g -`-`-1-9-9-5-'-'-; -a-n-d -(-i-i-) -b-y -s-t-r-i-k-i-n-g -`-`-$-1-5-,-1-5-0-,-0-0-0-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h -`-`-1-9-9-3-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g -`-`-$-1-4-,-2-2-8-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-5-'-'-; -a-n-d -(-3-) -i-n -t-h-e -l-a-s-t -s-e-n-t-e-n-c-e -o-f -p-a-r-a-g-r-a-p-h -(-4-) -b-y -s-t-r-i-k-i-n-g -`-`-s-e-c-t-i-o-n -5-(-l-)-(-2-)-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-s-e-c-t-i-o-n -5-(-p-)-(-2-)-'-'-. -(-c-) -F-u-n-d-s -A-u-t-h-o-r-i-z-e-d -f-o-r -A-d-m-i-n-i-s-t-r-a-t-i-o-n -o-f -P-r-o-g-r-a-m-s -o-f -t-h-e -N-a-t-i-o-n-a-l -E-n-d-o-w-m-e-n-t-s-.----S-e-c-t-i-o-n -1-1-(-c-) -o-f -t-h-e -N-a-t-i-o-n-a-l -F-o-u-n-d-a-t-i-o-n -o-n -t-h-e -A-r-t-s -a-n-d -t-h-e -H-u-m-a-n-i-t-i-e-s -A-c-t -o-f -1-9-6-5 -(-2-0 -U-.-S-.-C-. -9-6-0-(-c-)-) -i-s -a-m-e-n-d-e-d--- -(-1-) -i-n -p-a-r-a-g-r-a-p-h -(-1-) -b-y -s-t-r-i-k-i-n-g -`-`-$-2-1-,-2-0-0-,-0-0-0-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h -`-`-1-9-9-3-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g -`-`-$-2-4-,-4-6-6-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-5-'-'-; -a-n-d -(-2-) -i-n -p-a-r-a-g-r-a-p-h -(-2-) -b-y -s-t-r-i-k-i-n-g -`-`-$-1-7-,-9-5-0-,-0-0-0-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h -`-`-1-9-9-3-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g -`-`-$-2-0-,-7-2-7-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-5-'-'-. -(-d-) -L-i-m-i-t-a-t-i-o-n-s -o-n -T-o-t-a-l -A-p-p-r-o-p-r-i-a-t-i-o-n-s -A-u-t-h-o-r-i-z-e-d-.----S-e-c-t-i-o-n -1-1-(-d-) -o-f -t-h-e -N-a-t-i-o-n-a-l -F-o-u-n-d-a-t-i-o-n -o-n -t-h-e -A-r-t-s -a-n-d -t-h-e -H-u-m-a-n-i-t-i-e-s -A-c-t -o-f -1-9-6-5 -(-2-0 -U-.-S-.-C-. -9-6-0-(-d-)-) -i-s -a-m-e-n-d-e-d--- -(-1-) -i-n -p-a-r-a-g-r-a-p-h -(-1-) -b-y -s-t-r-i-k-i-n-g -`-`-e-x-c-e-e-d-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h -t-h-e -p-e-r-i-o-d -a-t -t-h-e -e-n-d-, -a-n-d -i-n-s-e-r-t-i-n-g -`-`-e-x-c-e-e-d -$-1-7-4-,-5-9-3-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4-.-'-'-; -a-n-d -(-2-) -i-n -p-a-r-a-g-r-a-p-h -(-2-) -b-y -s-t-r-i-k-i-n-g -`-`-e-x-c-e-e-d-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h -t-h-e -p-e-r-i-o-d -a-t -t-h-e -e-n-d-, -a-n-d -i-n-s-e-r-t-i-n-g -`-`-e-x-c-e-e-d -$-1-7-7-,-4-9-1-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4-.-'-'-. -S-E-C-. -3-. -A-M-E-N-D-M-E-N-T-S -T-O -T-H-E -M-U-S-E-U-M -S-E-R-V-I-C-E-S -A-C-T-. -S-e-c-t-i-o-n -2-0-9 -o-f -t-h-e -M-u-s-e-u-m -S-e-r-v-i-c-e-s -A-c-t -(-2-0 -U-.-S-.-C-. -9-6-7-) -i-s -a-m-e-n-d-e-d--- -(-1-) -i-n -s-u-b-s-e-c-t-i-o-n -(-a-) -b-y -s-t-r-i-k-i-n-g -`-`-$-2-4-,-0-0-0-,-0-0-0-'-' -a-n-d -a-l-l -t-h-a-t -f-o-l-l-o-w-s -t-h-r-o-u-g-h -`-`-1-9-9-3-'-'-, -a-n-d -i-n-s-e-r-t-i-n-g -`-`-$-2-8-,-7-7-7-,-0-0-0 -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-4 -a-n-d -s-u-c-h -s-u-m-s -a-s -m-a-y -b-e -n-e-c-e-s-s-a-r-y -f-o-r -f-i-s-c-a-l -y-e-a-r -1-9-9-5-'-'-; -a-n-d -(-2-) -i-n -s-u-b-s-e-c-t-i-o-n -(-d-) -b-y -s-t-r-i-k-i-n-g -`-`-1-9-9-3-'-' -a-n-d -i-n-s-e-r-t-i-n-g -`-`-1-9-9-5-'-'-. SECTION 1. SHORT TITLE. This Act may be cited as the ``Arts, Humanities, and Museums Amendments of 1993''. SEC. 2. AMENDMENTS TO THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES ACT OF 1965. (a) Modification of Limitation on Use of Federal Funds.--Section 5(g) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(g)) is amended-- (1) in paragraph (4)(C)-- (A) by inserting ``(i)'' after ``(C)''; and (B) by adding at the end the following: ``(ii) Notwithstanding any other provision of this subsection, the amount allotted to a State for the current fiscal year under this subsection may not be greater than the amount so allotted to such State for the preceding fiscal year if-- ``(I) the amount of State funds to be expended for such current fiscal year to carry out this subsection is less than the average annual amount expended by such State during the most recent preceding period of 3 fiscal years to carry out this subsection; and ``(II) the rate of the reduction in the amount of State funds exceeds the rate of reduction in the aggregate of all general fund expenditures to be made by the State in such current fiscal year.''; and (2) in paragraph (5)-- (A) by striking ``(5) All'' and inserting ``(5)(A) Except as provided in subparagraph (B), all''; and (B) by adding at the end the following: ``(B) All amounts allotted under paragraph (3) that are not made available to a State as a result of the operation of subsection (g)(4)(C)(ii) shall be allotted to the remaining States in equal amounts.''. (b) Funds Authorized for Program Grants.--Section 11(a)(1) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(a)(1)) is amended-- (1) in subparagraph (A)-- (A) in clause (i) by striking ``$125,800,000'' and all that follows through ``1993'', and inserting ``$119,985,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995''; (B) by amending clause (ii) to read as follows: ``(ii) Not less than 27.5 percent of the amount appropriated under clause (i) for each of the fiscal years 1994 and 1995 shall be for carrying out section 5(g).''; and (C) in the first sentence of clause (iii) by striking ``For'' and all that follows through ``shall'', and inserting ``Not less than 7.5 percent of the amount appropriated under clause (i) for each of the fiscal years 1994 and 1995 shall''; and (2) in the first sentence of subparagraph (B) by striking ``$119,900,000'' and all that follows through ``1993'', and inserting ``$130,573,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995''. (c) Funds Authorized To Match Non-Federal Funds Received.--Section 11(a) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) by striking ``1993'' the first place the term appears and inserting ``1995''; and (ii) by striking ``$13,000,000'' and all that follows through ``1993'', and inserting ``$16,955,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995''; and (B) in subparagraph (B)-- (i) by striking ``1993'' the first place the term appears and inserting ``1995''; and (ii) by striking ``$12,000,000'' and all that follows through ``1993'', and inserting ``$11,963,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995''; (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) by striking ``1993'' the first place the term appears and inserting ``1995''; and (ii) by striking ``$15,000,000'' and all that follows through ``1993'', and inserting ``$13,187,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995''; and (B) in subparagraph (B)-- (i) by striking ``1993'' the first place the term appears and inserting ``1995''; and (ii) by striking ``$15,150,000'' and all that follows through ``1993'', and inserting ``$14,228,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995''; and (3) in the last sentence of paragraph (4) by striking ``section 5(l)(2)'' and inserting ``section 5(p)(2)''. (d) Funds Authorized for Administration of Programs of the National Endowments.--Section 11(c) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(c)) is amended-- (1) in paragraph (1) by striking ``$21,200,000'' and all that follows through ``1993'', and inserting ``$24,466,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995''; and (2) in paragraph (2) by striking ``$17,950,000'' and all that follows through ``1993'', and inserting ``$20,727,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995''. (e) Limitations on Total Appropriations Authorized.--Section 11(d) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(d)) is amended-- (1) in paragraph (1) by striking ``exceed'' and all that follows through the period at the end, and inserting ``exceed $174,593,000 for fiscal year 1994.''; and (2) in paragraph (2) by striking ``exceed'' and all that follows through the period at the end, and inserting ``exceed $177,491,000 for fiscal year 1994.''. (f) Investigation and Report.--Not later than September 30, 1995, the Chairperson of the National Endowment for the Arts shall-- (1) conduct an investigation of State compliance with section 5(g)(4)(C)(i) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(g)(4)(C)(i)); and (2) submit to the Speaker of the House of Representatives and the President pro tempore, a report containing-- (A) the results of such investigation; and (B) any information and recommendations as the Chairperson considers to be appropriate. SEC. 3. AMENDMENTS TO THE MUSEUM SERVICES ACT. Section 209 of the Museum Services Act (20 U.S.C. 967) is amended-- (1) in subsection (a) by striking ``$24,000,000'' and all that follows through ``1993'', and inserting ``$28,777,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995''; and (2) in subsection (d) by striking ``1993'' and inserting ``1995''.

Arts, Humanities, and Museums Amendments of 1993 - Amends the National Foundation on the Arts and the Humanities Act of 1965 (NFAHA) to prohibit the National Endowment for the Arts from increasing a State allotment if that State decreased its own funding for the arts below the average level for the previous three years and such reduction rate exceeds that for all its general fund expenditures in the current fiscal year. Extends through FY 1995 the authorization of appropriations to carry out NFAHA, including funds for: (1) program grants and other assistance by the National Endowment for the Arts (NEA) and the National Endowment for the Humanities (NEH); (2) matching non-Federal funds received; and (3) administration of NEA and NEH programs. Sets limitations on total appropriations authorized for the NEA and the NEH respectively in FY 1994. Requires an investigation and report on State compliance with specified NFAHA provisions. Amends the Museum Services Act to extend through FY 1995 the authorization of appropriations to carry out such Act, including funds for: (1) grants to museum to increase and improve services; and (2) functions of the Institute of Museum Services (which is within the National Foundation on the Arts and the Humanities).

Arts, Humanities, and Museums Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Security Act''. SEC. 2. PURPOSES. It is the purpose of this Act to provide for the establishment of demonstration projects designed to determine the effectiveness of-- (1) certain activities by community residents in coordination with the local police department in preventing and removing violent crime and drug trafficking from the community; (2) such activities in increasing economic development in the community; and (3) such activities in preventing or ending retaliation by perpetrators of crime against community residents engaged in these activities. SEC. 3. DEMONSTRATION GRANT AUTHORITY. (a) Demonstration Authority.--Not later than 16 months after the date of enactment of this Act, the Secretary shall award grants under this Act. Grants shall be awarded annually under this section and shall be for a period of 4 years. (b) Limitation on Grant Amounts.--The amount of each grant awarded under this Act shall not be less than $25,000 nor more than $100,000. (c) Reduction in Amount.--Amounts provided under a grant awarded under this Act for a fiscal year shall be reduced in proportion to any reduction in the amounts appropriated under this Act for such fiscal year as compared to the amounts appropriated for the prior fiscal year. (d) Unused Portion of Grant Funds.--Any unused portion of a grant awarded under this section shall, upon the termination of such grant, be transferred to the Secretary for redistribution in the subsequent fiscal year or for repayment to the Department of the Treasury. SEC. 4. APPLICATION. (a) Submission.--To be eligible to receive a grant under section 3, a qualified entity shall, not later than 12 months after the date of enactment of this Act, submit to the Secretary an application to conduct a demonstration project under this Act. (b) Content.--An application submitted under subsection (a) shall be in such form and contain such information as the Secretary shall require, including-- (1) an agreement with the local police department to coordinate and assist in the prevention and removal of violent crime and drug trafficking from the target community; (2) a plan detailing the nature and extent of coordination and assistance to be provided by the local police department, project participants, and the applicant; and (3) a description of the strategy of the community for the physical and economic development of the community. (c) Criteria.--In considering whether to approve an application submitted under this section, the Secretary shall consider-- (1) the degree to which the project described in the application will support existing community economic development activities by preventing and removing violent crime and drug trafficking from the community; (2) the demonstrated record of project participants with respect to economic and community development activities; (3) the ability of the applicant to responsibly administer the project; (4) the ability of the applicant to assist and coordinate with project participants to achieve economic development and prevent and remove violent crime and drug trafficking in the community; (5) the adequacy of the plan to assist and coordinate with the local police department in preventing and removing violent crime and drug trafficking in the community; (6) the consistency of the application with the eligible activities and the uses for the grant under this Act; (7) the aggregate amount of funds from non-Federal (public and private sector) sources that are formally committed to the project; (8) the adequacy of the plan for providing information relevant to an evaluation of the project to the independent research organization; and (9) such other factors as may be determined appropriate by the Secretary. (d) Preferences.--In considering an application submitted under this section, the Secretary shall give preference to an applicant that demonstrates a commitment to work with project participants and a local police department in a community with-- (1) an enterprise zone or enterprise community designation or an area established pursuant to any consolidated planning process for use of Federal housing and community development funds; (2) significant rates of violent crime and drug trafficking, as determined by the Secretary; and (3) at least one non-profit community development corporation or similar organization that is willing to and capable of increasing economic development. (e) Approval.--Not later than 15 months after the date of enactment of this Act, the Secretary shall, on competitive basis, approve or disapprove of the applications submitted under this section. SEC. 5. ELIGIBLE ACTIVITIES. (a) Activities.--Amounts provided under a grant awarded under this Act shall be used for the following activities: (1) Citizen patrols by car or by foot intended to prevent violent crime and eradicate open market or street sales of controlled substances. (2) Block watch activities, including identification of property for purposes of retrieving stolen goods, camera surveillance to identify drug traffickers and their customers, protection of evidence to ensure evidence is not lost or destroyed prior to police arrival, and computer linkages among organizations and the police to identify hot spots and speed the dissemination of information. (3) Property modification programs, including securing buildings and residences to prevent burglary, and structural changes, such as the construction of fences, to parks or buildings to prevent drug sales or other criminal activity in those areas. (4) Squatter eviction programs aimed at notifying public authorities of trespassers in abandoned buildings used as crack houses or heroin shooting galleries and increasing efforts to remove such squatters. (5) Expansion of community liaisons with the police, including expanding the community's role in community policing activities. (6) Developing and expanding programs to prevent or end retaliation by perpetrators of crime against project participants. (7) Other activities consistent with the purposes of this Act. (b) Additional Activities.--Amounts provided under a grant awarded under this Act may be used for additional activities in support of the activities described in subsection (a), including-- (1) the purchase of equipment or supplies, including cameras, video cameras, walkie-talkies, and computers; (2) the training of project participants; and (3) the hiring of staff for grantees or project participant organizations to assist in coordinating activities among project participants and with the local police department. SEC. 6. LOCAL CONTROL OVER PROJECTS. Except as provided in regulations promulgated under the succeeding sentence, each organization authorized to conduct a demonstration project under this Act shall have exclusive authority over the administration of the project. The Secretary may prescribe such regulations with respect to such demonstration projects as are expressly authorized or as are necessary to ensure compliance with approved applications and this Act. SEC. 7. MONITORING OF GRANTEES. (a) In General.--The Secretary shall monitor grantees to ensure that the projects conducted under the grants are being carried out in accordance with this Act. Each grantee, and each entity which has received funds from a grant made under this Act, shall make appropriate books, documents, papers, and records available to the Secretary for examination, copying, or mechanical reproduction on or off the premises of the entity upon a reasonable request therefore. (b) Withholding, Termination or Recapture.--The Secretary shall, after adequate notice and an opportunity for a hearing, withhold, terminate, or recapture any funds due, or provided to and unused by, an entity under a grant awarded under this Act if the Secretary determines that such entity has not used any such amounts in accordance with the requirements of this Act. The Secretary shall withhold, terminate, or recapture such funds until the Secretary determines that the reason for the withholding, termination, or recapture has been removed and there is reasonable assurance that it will not recur. (c) Complaints.--The Secretary shall respond in an expeditious manner to complaints of a substantial or serious nature that an entity has failed to use funds provided under this Act in accordance with the requirements of this Act. SEC. 8. REPORTS AND AUDITS. (a) Reports.--Not later than 3 months after the termination of a grant under this Act, the grantee shall prepare and submit to the Secretary a report containing such information as may be required by the Secretary. (b) Audits.--The Secretary shall annually audit the expenditures of each grantee under this Act from payments received under grants awarded under this Act. Such audits shall be conducted by an entity independent of any agency administering a program funded under this Act and, in so far as practical, in accordance with the Comptroller General's standards for auditing governmental organizations, programs, activities, and functions. SEC. 9. EVALUATIONS. (a) In General.--Not later than 16 months after the date of enactment of this Act, the Secretary shall enter into a contract with an independent research organization under which such organization, in accordance with this section, conducts an evaluation of the demonstration projects, individually and as a group, conducted under this Act. (b) Research Questions.--In evaluating a demonstration project conducted under this Act, the organization described in subsection (a) shall address the following: (1) What activities and uses most effectively involve project participants in the activities and uses under this Act (with effectiveness measured, for example, by duration of participation, frequency of participation, and intensity of participation). (2) What activities and uses are most effective in preventing or removing violent crime and drug trafficking from a target community. (3) What activities and uses are most effective in supporting or promoting economic development in a target community. (4) What activities and uses are most effective in increasing coordination and assistance between project participants and with the local police department. (5) What activities and uses are most effective in preventing or ending retaliation by perpetrators of crime against project participants. (c) Funding.--Of the funds appropriated under this Act, the Secretary shall set aside not less than 1 percent and not more than 3 percent for the evaluations required under this section. (d) Report to Congress.--Not later than 6 months after the date on which the last grant under this Act terminates, the Secretary shall prepare and submit to the appropriate committees of the Congress a summary of each evaluation conducted under this section. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $10,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000. SEC. 11. DEFINITIONS. As used in this Act: (1) Community.--The term ``community'' means a contiguous geographic area within a large urban district or encompassing a small urban or other nonurban area. (2) Drug trafficking.--The term ``drug trafficking'' means any offense that could be prosecuted under the Controlled Substances Act (21 U.S.C. 801, et seq.). (3) Economic development.--The term ``economic development'' means revitalization and development activities, including business, commercial, housing, and employment activities, that benefit a community and its residents. (4) Grantee.--The term ``grantee'' means a qualified entity that receives a grant under this Act. (5) Project participant.--The term ``project participant'' means any individual or private-sector group in a community participating in any of the activities established under a demonstration grant under this Act. (6) Qualified entity.--The term ``qualified entity'' means a non-profit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under the Internal Revenue Code of 1986. (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (8) Violent crime.--The term ``violent crime'' has the same meaning as the term ``crime of violence'' in title 18 of the United States Code.

Neighborhood Security Act - Directs the Secretary of Health and Human Services to award grants to qualified entities for the establishment of demonstration projects designed to determine the effectiveness of certain activities by community residents in coordination with local police in preventing and removing violent crime and drug trafficking from the community, increasing economic development in the community, and preventing or ending retaliation by perpetrators of crime against community residents. Sets forth provisions regarding: (1) the period of grant awards; (2) limits on grant amounts; (3) reductions in awards; and (4) redistribution of any unused portion of grant funds. Establishes application requirements, including: (1) an agreement with the local police department to coordinate and assist in the prevention and removal of violent crime and drug trafficking in the target community; (2) a plan detailing the nature and extent of coordination and assistance to be provided by such department, project participants, and the applicant; and (3) a description of the strategy of the community for the physical and economic development of the community. Authorizes appropriations.

Neighborhood Security Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Refinery Permit Process Schedule Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the Environmental Protection Agency; (2) the term ``applicant'' means a person who is seeking a Federal refinery authorization; (3) the term ``biomass'' has the meaning given that term in section 932(a)(1) of the Energy Policy Act of 2005; (4) the term ``Federal refinery authorization''-- (A) means any authorization required under Federal law, whether administered by a Federal or State administrative agency or official, with respect to siting, construction, expansion, or operation of a refinery; and (B) includes any permits, licenses, special use authorizations, certifications, opinions, or other approvals required under Federal law with respect to siting, construction, expansion, or operation of a refinery; (5) the term ``refinery'' means-- (A) a facility designed and operated to receive, load, unload, store, transport, process, and refine crude oil by any chemical or physical process, including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, and any combination thereof, in order to produce gasoline or distillate; (B) a facility designed and operated to receive, load, unload, store, transport, process, and refine coal by any chemical or physical process, including liquefaction, in order to produce gasoline or diesel as its primary output; or (C) a facility designed and operated to receive, load, unload, store, transport, process (including biochemical, photochemical, and biotechnology processes), and refine biomass in order to produce biofuel; and (6) the term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. SEC. 3. STATE ASSISTANCE. (a) State Assistance.--At the request of a governor of a State, the Administrator is authorized to provide financial assistance to that State to facilitate the hiring of additional personnel to assist the State with expertise in fields relevant to consideration of Federal refinery authorizations. (b) Other Assistance.--At the request of a governor of a State, a Federal agency responsible for a Federal refinery authorization shall provide technical, legal, or other nonfinancial assistance to that State to facilitate its consideration of Federal refinery authorizations. SEC. 4. REFINERY PROCESS COORDINATION AND PROCEDURES. (a) Appointment of Federal Coordinator.-- (1) In general.--The President shall appoint a Federal coordinator to perform the responsibilities assigned to the Federal coordinator under this Act. (2) Other agencies.--Each Federal and State agency or official required to provide a Federal refinery authorization shall cooperate with the Federal coordinator. (b) Federal Refinery Authorizations.-- (1) Meeting participants.--Not later than 30 days after receiving a notification from an applicant that the applicant is seeking a Federal refinery authorization pursuant to Federal law, the Federal coordinator appointed under subsection (a) shall convene a meeting of representatives from all Federal and State agencies responsible for a Federal refinery authorization with respect to the refinery. The governor of a State shall identify each agency of that State that is responsible for a Federal refinery authorization with respect to that refinery. (2) Memorandum of agreement.--(A) Not later than 90 days after receipt of a notification described in paragraph (1), the Federal coordinator and the other participants at a meeting convened under paragraph (1) shall establish a memorandum of agreement setting forth the most expeditious coordinated schedule possible for completion of all Federal refinery authorizations with respect to the refinery, consistent with the full substantive and procedural review required by Federal law. If a Federal or State agency responsible for a Federal refinery authorization with respect to the refinery is not represented at such meeting, the Federal coordinator shall ensure that the schedule accommodates those Federal refinery authorizations, consistent with Federal law. In the event of conflict among Federal refinery authorization scheduling requirements, the requirements of the Environmental Protection Agency shall be given priority. (B) Not later than 15 days after completing the memorandum of agreement, the Federal coordinator shall publish the memorandum of agreement in the Federal Register. (C) The Federal coordinator shall ensure that all parties to the memorandum of agreement are working in good faith to carry out the memorandum of agreement, and shall facilitate the maintenance of the schedule established therein. (c) Consolidated Record.--The Federal coordinator shall, with the cooperation of Federal and State administrative agencies and officials, maintain a complete consolidated record of all decisions made or actions taken by the Federal coordinator or by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to any Federal refinery authorization. Such record shall be the record for judicial review under subsection (d) of decisions made or actions taken by Federal and State administrative agencies and officials, except that, if the Court determines that the record does not contain sufficient information, the Court may remand the proceeding to the Federal coordinator for further development of the consolidated record. (d) Remedies.-- (1) In general.--The United States District Court for the district in which the proposed refinery is located shall have exclusive jurisdiction over any civil action for the review of the failure of an agency or official to act on a Federal refinery authorization in accordance with the schedule established pursuant to the memorandum of agreement. (2) Standing.--If an applicant or a party to a memorandum of agreement alleges that a failure to act described in paragraph (1) has occurred and that such failure to act would jeopardize timely completion of the entire schedule as established in the memorandum of agreement, such applicant or other party may bring a cause of action under this subsection. (3) Court action.--If an action is brought under paragraph (2), the Court shall review whether the parties to the memorandum of agreement have been acting in good faith, whether the applicant has been cooperating fully with the agencies that are responsible for issuing a Federal refinery authorization, and any other relevant materials in the consolidated record. Taking into consideration those factors, if the Court finds that a failure to act described in paragraph (1) has occurred, and that such failure to act would jeopardize timely completion of the entire schedule as established in the memorandum of agreement, the Court shall establish a new schedule that is the most expeditious coordinated schedule possible for completion of preceedings, consistent with the full substantive and procedural review required by Federal law. The court may issue orders to enforce any schedule it establishes under this paragraph. (4) Federal coordinator's action.--When any civil action is brought under this subsection, the Federal coordinator shall immediately file with the Court the consolidated record compiled by the Federal coordinator pursuant to subsection (c). (5) Expedited review.--The Court shall set any civil action brought under this subsection for expedited consideration. SEC. 5. DESIGNATION OF CLOSED MILITARY BASES. (a) Designation Requirement.--Not later than 90 days after the date of enactment of this Act, the President shall designate no less than 3 closed military installations, or portions thereof, as potentially suitable for the construction of a refinery. At least 1 such site shall be designated as potentially suitable for construction of a refinery to refine biomass in order to produce biofuel. (b) Redevelopment Authority.--The redevelopment authority for each installation designated under subsection (a), in preparing or revising the redevelopment plan for the installation, shall consider the feasibility and practicability of siting a refinery on the installation. (c) Management and Disposal of Real Property.--The Secretary of Defense, in managing and disposing of real property at an installation designated under subsection (a) pursuant to the base closure law applicable to the installation, shall give substantial deference to the recommendations of the redevelopment authority, as contained in the redevelopment plan for the installation, regarding the siting of a refinery on the installation. The management and disposal of real property at a closed military installation or portion thereof found to be suitable for the siting of a refinery under subsection (a) shall be carried out in the manner provided by the base closure law applicable to the installation. (d) Definitions.--For purposes of this section-- (1) the term ``base closure law'' means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) and title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note); and (2) the term ``closed military installation'' means a military installation closed or approved for closure pursuant to a base closure law. SEC. 6. SAVINGS CLAUSE. Nothing in this Act shall be construed to affect the application of any environmental or other law, or to prevent any party from bringing a cause of action under any environmental or other law, including citizen suits. SEC. 7. REFINERY REVITALIZATION REPEAL. Subtitle H of title III of the Energy Policy Act of 2005 and the items relating thereto in the table of contents of such Act are repealed. Passed the House of Representatives June 7, 2006. Attest: KAREN L. HAAS, Clerk.

Refinery Permit Process Schedule Act - Authorizes the Administrator of the Environmental Protection Agency (EPA), upon the request of a state governor, to provide financial assistance to hire additional personnel to assist the state with expertise in fields relevant to consideration of federal refinery authorizations. Requires a federal agency responsible for refinery authorization to provide, upon the request of a state governor, technical, legal, or other nonfinancial assistance to facilitate state consideration of such authorizations. Directs the President to appoint a federal coordinator to facilitate such authorizations. Requires the coordinator, upon the request of an applicant seeking a federal refinery authorization, to establish a memorandum of agreement, executed by relevant federal and state agencies, setting forth the most expeditious coordinated schedule possible for completion of all such authorizations. Grants the U.S. District Court for the district in which the proposed refinery is located exclusive jurisdiction over any civil action for the review of the failure of an agency or official to act on a federal refinery authorization in accordance with the schedule established pursuant to the memorandum of agreement. Requires expedited review of the civil action. Instructs the President to designate at least three closed military installations as potentially suitable for the construction of a refinery. Requires that at least one such site be designated as potentially suitable for construction of a refinery to refine biomass in order to produce biofuel. Requires the redevelopment authority, in preparing or revising the redevelopment plan for each such installation, to consider the feasibility and practicability of siting a refinery on it. Amends the Energy Policy Act of 2005 to repeal its requirements for refinery revitalization.

To set schedules for the consideration of permits for refineries.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Countering Terrorist Radicalization Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--AMPLIFYING LOCAL EFFORTS TO ROOT OUT TERROR Sec. 101. Countering violent extremism training. Sec. 102. Countering violent extremism assessment. Sec. 103. Department-sponsored clearances. Sec. 104. Definitions. TITLE II--COUNTERMESSAGING TERRORIST ORGANIZATIONS Sec. 201. Directive. TITLE III--COUNTERTERRORISM ADVISORY BOARD Sec. 301. Department of Homeland Security Counterterrorism Advisory Board. TITLE IV--PROHIBITION ON NEW FUNDING Sec. 401. Prohibition on new funding. TITLE I--AMPLIFYING LOCAL EFFORTS TO ROOT OUT TERROR SEC. 101. COUNTERING VIOLENT EXTREMISM TRAINING. (a) Authorization of Training.--The Secretary of Homeland Security is authorized to provide training for personnel, including Department of Homeland Security personnel, State, local, tribal, and territorial representatives at State and major urban area fusion centers for the purpose of administering community awareness briefings and related activities in furtherance of the Department's efforts to counter violent extremism, identify and report suspicious activities, and increase awareness of and more quickly identify terrorism threats, including the travel or attempted travel of individuals from the United States to support a foreign terrorist organization (as such term is described in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)) abroad. (b) Coordination.--To the extent practicable, in providing the training under subsection (a), the Secretary shall coordinate with the heads of other Federal agencies engaged in community outreach related to countering violent extremism and shall also coordinate with such agencies in the administration of related activities, including community awareness briefings. SEC. 102. COUNTERING VIOLENT EXTREMISM ASSESSMENT. (a) Assessment Required.--Not later than 120 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with appropriate State, local, tribal, and territorial representatives, shall assess the efforts of the Department of Homeland Security to support countering violent extremism at the State, local, tribal, and territorial levels. Such assessment shall include each of the following: (1) A cataloging of departmental efforts to assist State, local, tribal, and territorial governments in countering violent extremism. (2) A review of cooperative agreements between the Department and such governments relating to countering violent extremism. (3) An evaluation of departmental plans and any potential opportunities to better support such governments that are in furtherance of the Department's countering violent extremism objectives and are consistent with all relevant constitutional, legal, and privacy protections. (b) Submission to Congress.--Not later than 150 days after the date of enactment of this Act and consistent with the protection of classified information, the Secretary of Homeland Security shall submit to the appropriate congressional committees the findings of the assessment required under subsection (a) together with any related information regarding best practices for countering violent extremism at the State, local, tribal, and territorial levels. SEC. 103. DEPARTMENT-SPONSORED CLEARANCES. Not later than 30 days after the date of enactment of this Act, the Secretary of Homeland Security shall notify the appropriate congressional committees of the number of employees of State, local, tribal, and territorial governments with security clearances sponsored by the Department of Homeland Security. Such notification shall include a detailed list of the agencies that employ such employees, the level of clearance held by such employees, and whether such employees are assigned as representatives to State and major urban area fusion centers. SEC. 104. DEFINITIONS. In this title: (1) The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate. (2) The term ``violent extremism'' means ideologically motivated international terrorism or domestic terrorism, as such terms are defined in section 2331 of title 18, United States Code. TITLE II--COUNTERMESSAGING TERRORIST ORGANIZATIONS SEC. 201. DIRECTIVE. (a) In General.--The Secretary of Homeland Security shall incorporate, to the extent practicable, into Department of Homeland Security efforts to combat terrorist recruitment and communications the public testimonials of former violent extremists or their associates, including friends and family. Such efforts may include the following: (1) Countermessaging of foreign terrorist organization communications and narratives. (2) Related community engagement and public education efforts. (b) Coordination.--The Secretary of Homeland Security shall, where appropriate, coordinate the efforts described in subsection (a) with the heads of other Federal departments and agencies, as appropriate, and, to the extent practicable, engage nongovernmental and international partners in the identification and use of testimonials described in such subsection. (c) Rule of Construction.--Nothing in this section may be construed to require the Secretary of Homeland Security to collect testimonials directly from former violent extremists or their associates, including friends and family. TITLE III--COUNTERTERRORISM ADVISORY BOARD SEC. 301. DEPARTMENT OF HOMELAND SECURITY COUNTERTERRORISM ADVISORY BOARD. (a) In General.--At the end of subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), add the following: ``SEC. 210G. DEPARTMENTAL COORDINATION ON COUNTERTERRORISM. ``(a) Establishment.--There is in the Department a board to be composed of senior representatives of departmental operational components and headquarters elements. The purpose of the board shall be to coordinate and integrate departmental intelligence, activities, and policy related to the counterterrorism mission and functions of the Department. ``(b) Charter.--There shall be a charter to govern the structure and mission of the board. Such charter shall direct the board to focus on the current threat environment and the importance of aligning departmental counterterrorism activities under the Secretary's guidance. The charter shall be reviewed and updated every four years, as appropriate. ``(c) Members.-- ``(1) Chair.--The Secretary shall appoint a Coordinator for Counterterrorism within the Department who will serve as the chair of the board. ``(2) Additional members.--The Secretary shall appoint additional members of the board from among the following: ``(A) The Transportation Security Administration. ``(B) United States Customs and Border Protection. ``(C) United States Immigration and Customs Enforcement. ``(D) The Federal Emergency Management Agency. ``(E) The Coast Guard. ``(F) United States Citizenship and Immigration Services. ``(G) The United States Secret Service. ``(H) The National Protection and Programs Directorate. ``(I) The Office of Operations Coordination. ``(J) The Office of the General Counsel. ``(K) The Office of Intelligence and Analysis. ``(L) The Office of Policy. ``(M) The Science and Technology Directorate. ``(N) Other departmental offices and programs as determined appropriate by the Secretary. ``(d) Meetings.--The board shall meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities, including coordination with other Federal, State, local, tribal, territorial, and private sector partners, and shall make recommendations to the Secretary. ``(e) Terrorism Alerts.--The board shall advise the Secretary on the issuance of terrorism alerts pursuant to section 203. ``(f) Prohibition on Additional Funds.--No additional funds are authorized to carry out this section.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 210F the following: ``Sec. 210G. Departmental coordination on counterterrorism.''. (c) Report.--Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Coordinator for Counterterrorism, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the status and activities of the board established under section 210G of the Homeland Security Act of 2002, as added by subsection (a). TITLE IV--PROHIBITION ON NEW FUNDING SEC. 401. PROHIBITION ON NEW FUNDING. No additional funds are authorized to be appropriated to carry out this Act or the amendments made by this Act.

Countering Terrorist Radicalization Act This bill authorizes the Department of Homeland Security (DHS) to provide training for administering community awareness briefings and related activities in furtherance of its efforts to counter violent extremism, identify and report suspicious activities, and increase awareness of and more quickly identify terrorism threats, including the travel of individuals from the United States to support a foreign terrorist organization abroad. DHS shall: (1) assess its efforts to support countering violent extremism at the state, local, tribal, and territorial levels; (2) notify Congress of the number of employees of state, local, tribal, and territorial governments with security clearances sponsored by DHS; and (3) incorporate the public testimonials of former extremists into its efforts to combat terrorist recruitment. The bill amends the Homeland Security Act of 2002 to establish in DHS a board to coordinate and integrate DHS's intelligence, activities, and policy related to its counterterrorism mission and functions. The board shall advise DHS on the issuance of terrorism alerts. DHS shall appoint a Coordinator for Counterterrorism to serve as the chair of the board.

Countering Terrorist Radicalization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independence Hall Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Two hundred years ago, in 1793, George Washington was sworn in to his second term as President of the United States of America in the Senate chamber of Congress Hall in Philadelphia, Pennsylvania; (2) For 150 years, the historic buildings in Philadelphia, Pennsylvania, known as Congress Hall, the Old City Hall, and Independence Hall (which housed the Liberty Bell, the symbol of the heritage of free people in the United States) were under the occasional care of local government units. (3) Later, the Federal Government, through the National Park Service, assumed responsibility for the preservation and maintenance of these and other related historic sites for present and future generations of Americans. (4) In recent years, financial exigencies and the increased responsibilities of the National Park Service have prevented the Federal Government from meeting the capital needs of these historic sites. (5) The minting and issuance of a United States coin is an appropriate way to commemorate these historic buildings and to aid in funding their necessary maintenance and preservation. SEC. 3. COIN SPECIFICATIONS. (a) One Dollar Silver Coins.-- (1) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall issue not more than 1,000,000 $1 coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches, and shall contain 90 percent silver and 10 percent copper. (2) Design.--The design of the coins issued under this Act shall be emblematic of the national shrines of liberty and shall show the Liberty Bell on one side and Independence Hall on the other side. On each such coin there shall be a designation of the value of the coin, an inscription of the year ``1994'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Legal Tender.--The coins issued under this Act shall be legal tender as provided in section 5103 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. SELECTION OF DESIGN. The design for the coins authorized by this Act shall be selected by the Secretary after consultation with the Commission of Fine Arts. As required by section 5135 of title 31, United States Code, the design shall also be reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF THE COINS. (a) Quality of Coins.--The coins authorized under this Act may be issued in uncirculated and proof qualities. (b) Mint Facility.--Not more than 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period of Authority.--The coins authorized under this Act may be minted beginning 30 days after the date of enactment of this Act and for a period of not more than 1 year after such date. SEC. 7. SALE OF THE COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge provided in subsection (d) with respect to such coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins authorized under this Act prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount. (d) Surcharge Required.--All sales shall include a surcharge of $7 per coin. SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS. No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. Nothing in this section shall relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 9. DISTRIBUTION OF SURCHARGES. Of the total surcharges collected by the Secretary from the sale of the coins issued under this Act-- (1) 50 percent shall be returned to the United States Treasury for purposes of reducing the national debt; and (2) 50 percent shall be promptly paid by the Secretary to the Independence Hall Preservation Fund to assist the Fund's efforts to-- (A) create an endowment fund to finance capital improvements in Independence National Historic Park; (B) fund capital replacement projects for the buildings in Independence National Historic Park; and (C) meet such other needs as the Directors of the Independence Hall Preservation Fund deem appropriate to foster and increase respect and admiration for Independence National Historic Park. SEC. 10. AUDITS. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Independence Hall Preservation Fund as may be related to the expenditure of amounts paid under section 9. SEC. 11. NUMISMATIC PUBLIC ENTERPRISE FUND. The coins issued under this Act are subject to the provisions of section 5134 of title 31, United States Code, relating to the Numismatic Public Enterprise Fund. SEC. 12. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take all actions necessary to ensure that the issuance of the coins authorized by this Act shall result in no net cost to the United States Government. (b) Adequate Security for Payment Required.--No coin shall be issued under this Act unless the Secretary has received-- (1) full payment therefore; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Independence Hall Commemorative Coin Act - Directs the Secretary of the Treasury to mint a specified number of one-dollar silver coins emblematic of the national shrines of liberty, showing the Liberty Bell on one side and Independence Hall on the other. Mandates that 50 percent of the surcharges collected be distributed to: (1) the Treasury; and (2) the Independence Hall Preservation Fund to assist its efforts to meet certain funding needs of the Independence National Historic Park.

Independence Hall Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Spyware (I-SPY) Prevention Act of 2004''. SEC. 2. PENALTIES FOR CERTAIN UNAUTHORIZED ACTIVITIES RELATING TO COMPUTERS. (a) In General.--Chapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following: ``Sec. 1030A. Illicit indirect use of protected computers ``(a) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and intentionally uses that program or code in furtherance of another Federal criminal offense shall be fined under this title or imprisoned not more than 5 years, or both. ``(b) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code-- ``(1) intentionally obtains, or transmits to another, personal information with the intent to defraud or injure a person or cause damage to a protected computer; or ``(2) intentionally impairs the security protection of the protected computer; shall be fined under this title or imprisoned not more than 2 years, or both. ``(c) No person may bring a civil action under the law of any State if such action is premised in whole or in part upon the defendant's violating this section. For the purposes of this subsection, the term `State' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. ``(d) As used in this section-- ``(1) the terms `protected computer' and `exceeds authorized access' have, respectively, the meanings given those terms in section 1030; and ``(2) the term `personal information' means-- ``(A) a first and last name; ``(B) a home or other physical address, including street name; ``(C) an electronic mail address; ``(D) a telephone number; ``(E) a Social Security number, tax identification number, drivers license number, passport number, or any other government-issued identification number; or ``(F) a credit card or bank account number or any password or access code associated with a credit card or bank account. ``(e) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States.''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following new item: ``1030A. Illicit indirect use of protected computers.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. In addition to any other sums otherwise authorized to be appropriated for this purpose, there are authorized to be appropriated for each of fiscal years 2005 through 2008, the sum of $10,000,000 to the Attorney General for prosecutions needed to discourage the use of spyware and the practice commonly called phishing. SEC. 4. FINDINGS AND SENSE OF CONGRESS CONCERNING THE ENFORCEMENT OF CERTAIN CYBERCRIMES. (a) Findings.--Congress makes the following findings: (1) Software and electronic communications are increasingly being used by criminals to invade individuals' and businesses' computers without authorization. (2) Two particularly egregious types of such schemes are the use of spyware and phishing scams. (3) These schemes are often used to obtain personal information, such as bank account and credit card numbers, which can then be used as a means to commit other types of theft. (4) In addition to the devastating damage that these heinous activities can inflict on individuals and businesses, they also undermine the confidence that citizens have in using the Internet. (b) Sense of Congress.--Because of the serious nature of these offenses, and the Internet's unique importance in the daily lives of citizens and in interstate commerce, it is the sense of Congress that the Department of Justice should use the amendments made by this Act, and all other available tools, vigorously to prosecute those who use spyware to commit crimes and those that conduct phishing scams. Passed the House of Representatives October 7, 2004. Attest: JEFF TRANDAHL, Clerk.

Internet Spyware (I-SPY) Prevention Act of 2004 - Amends the Federal criminal code to prohibit intentionally accessing a protected computer without authorization, or exceeding authorized access, by causing a computer program or code to be copied onto the protected computer, and intentionally using that program or code: (1) in furtherance of another Federal criminal offense; (2) to obtain or transmit personal information (including a Social Security number or other government-issued identification number, a bank or credit card number, or an associated password or access code) with intent to defraud or injure a person or cause damage to a protected computer; or (3) to impair the security protection of that computer. Prohibits any person from bringing a civil action under State law premised upon the defendant's violating this Act. Provides that this Act does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or a U.S. intelligence agency. Authorizes appropriations for each of FY 2005 through 2008 to the Attorney General for prosecutions needed to discourage the use of spyware (i.e., software that aids in gathering and sending information about a person or organization, or in asserting control over their computer, without their knowledge or consent) and the practice called phishing (i.e., using the websites of, or e-mails that appear to be sent from, well known legitimate businesses to deceive Internet users into revealing personal information that can be used to defraud those users). Expresses the sense of Congress that the Department of Justice should use this Act and all other available tools to vigorously prosecute those who use spyware to commit crimes and those that conduct phishing scams.

To amend title 18, United States Code, to discourage spyware, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Manufacturing Competitiveness Act of 2013''. SEC. 2. NATIONAL MANUFACTURING COMPETITIVENESS STRATEGIC PLAN. Section 102 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622) is amended-- (1) in subsection (b), by striking paragraph (7) and inserting the following: ``(7) develop and update a national manufacturing competitiveness strategic plan in accordance with subsection (c).''; and (2) by striking subsection (c) and inserting the following: ``(c) National Manufacturing Competitiveness Strategic Plan.-- ``(1) In general.--Not later than 1 year after the date of the enactment of the American Manufacturing Competitiveness Act of 2013, the President shall submit to Congress, and publish on an Internet website that is accessible to the public, the strategic plan developed under paragraph (2). ``(2) Development.--The Committee shall develop (and update as required under paragraph (8)), in coordination with the National Economic Council, a strategic plan to improve Government coordination and provide long-term guidance for Federal programs and activities in support of United States manufacturing competitiveness, including advanced manufacturing research and development. ``(3) Committee chairperson.--In developing and updating the strategic plan, the Secretary of Commerce, or a designee of the Secretary, shall serve as the chairperson of the Committee. ``(4) Goals.--The goals of such strategic plan shall be to-- ``(A) promote growth, job creation, sustainability, and competitiveness in the United States manufacturing sector; ``(B) support the development of a skilled manufacturing workforce; ``(C) enable innovation and investment in domestic manufacturing; and ``(D) support national security. ``(5) Contents.--Such strategic plan shall-- ``(A) specify and prioritize near-term and long- term objectives to meet the goals of the plan, including research and development objectives, the anticipated timeframe for achieving the objectives, and the metrics for use in assessing progress toward the objectives; ``(B) describe the progress made in achieving the objectives from prior strategic plans, including a discussion of why specific objectives were not met; ``(C) specify the role, including the programs and activities, of each relevant Federal agency in meeting the objectives of the strategic plan; ``(D) describe how the Federal agencies and federally funded research and development centers supporting advanced manufacturing research and development will foster the transfer of research and development results into new manufacturing technologies and United States based manufacturing of new products and processes for the benefit of society to ensure national, energy, and economic security; ``(E) describe how such Federal agencies and centers will strengthen all levels of manufacturing education and training programs to ensure an adequate, well-trained workforce; ``(F) describe how such Federal agencies and centers will assist small- and medium-sized manufacturers in developing and implementing new products and processes; ``(G) take into consideration and include a discussion of the analysis conducted under paragraph (6); and ``(H) solicit public input (which may be accomplished through the establishment of an advisory panel under paragraph (7)), including the views of a wide range of stakeholders, and consider relevant recommendations of Federal advisory committees. ``(6) Preliminary analysis.-- ``(A) In general.--As part of developing such strategic plan, the Committee, in collaboration with Federal departments and agencies whose missions contribute to or are affected by manufacturing, shall conduct an analysis of factors that impact the competitiveness and growth of the United States manufacturing sector, including-- ``(i) research, development, innovation, transfer of technologies to the marketplace, and commercialization activities in the United States; ``(ii) the adequacy of the industrial base for maintaining national security; ``(iii) the state and capabilities of the domestic manufacturing workforce; ``(iv) export opportunities and domestic trade enforcement policies; ``(v) financing, investment, and taxation policies and practices; ``(vi) the state of emerging technologies and markets; and ``(vii) efforts and policies related to manufacturing promotion undertaken by competing nations. ``(B) Reliance on existing information.--To the extent practicable, in completing the analysis under subparagraph (A), the Committee shall use existing information and the results of previous studies and reports. ``(7) Advisory panel.-- ``(A) Establishment.--The chairperson of the Committee may appoint an advisory panel of private sector and nonprofit leaders to provide input, perspective, and recommendations to assist in the development of the strategic plan under this subsection. ``(B) Membership.--The panel shall have no more than 15 members, and shall include representatives of manufacturing businesses, labor representatives of the manufacturing workforce, academia, and groups representing interests affected by manufacturing activities. ``(C) Application of federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.), other than section 14 of such Act, shall apply to the Advisory Panel. ``(8) Updates.--Not later than May 1, 2018, and not less frequently than once every 4 years thereafter, the President shall submit to Congress, and publish on an Internet website that is accessible to the public, an update of the strategic plan transmitted under paragraph (1). Such updates shall be developed in accordance with the procedures set forth under this subsection. ``(9) Requirement to consider strategy in the budget.--In preparing the budget for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include information regarding the consistency of the budget with the goals and recommendations included in the strategic plan developed under this subsection applying to that fiscal year.''.

American Manufacturing Competitiveness Act of 2013 - Directs the Committee on Technology under the National Science and Technology Council to develop, in coordination with the National Economic Council, in lieu of the currently required strategic plan to guide federal programs and activities in support of advanced manufacturing research and development, a national manufacturing competitiveness strategic plan to improve government coordination and provide long-term guidance for federal programs and activities in support of U.S. manufacturing competitiveness, including advanced manufacturing research and development. Requires the Secretary of Commerce, in developing and updating the plan quadrennially, to serve as the chairperson of the Committee. Specifies the goals of the plan to be to: (1) promote growth, job creation, sustainability, and competitiveness in the U.S. manufacturing sector; (2) support the development of a skilled manufacturing workforce; (3) enable innovation and investment in domestic manufacturing; and (4) support national security. Requires the Committee, as part of the development of the plan, to conduct an analysis of specified factors that impact the competitiveness and growth of the U.S. manufacturing sector. Permits the chairperson of the Committee to appoint an advisory panel of private sector and nonprofit leaders to provide input, perspective, and recommendations to assist in the development of the plan. Requires the President to submit the plan to Congress and publish it on an Internet website accessible to the public.

American Manufacturing Competitiveness Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Administrative Law Judge Conference of the United States Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) in order to promote efficiency, productivity, and the improvement of administrative functions, to enhance public service and public trust in the administrative resolution of disputes, and to enhance the enforcement of the administrative law provisions of title 5, United States Code, the Administrative Law Judge Conference of the United States should be established; (2) the existing system of permanent agency assignments of administrative law judges appointed under section 3015 of title 5, United States Code, will be enhanced, by creating the Administrative Law Judge Conference of the United States and will serve the public with maximum economy and efficiency; (3) the Administrative Law Judge Conference of the United States will enhance legal specialization of administrative law judges by establishing initial and continuing education programs, after consulting with the appropriate agency, to insure that each such judge has the necessary training in the specialized field of law to hear cases assigned by the agency; (4) the Administrative Law Judge Conference of the United States will establish a system of administrative law judge professional accountability and implement a process to protect the public by establishing procedures to handle allegations of judicial misconduct; and (5) the Administrative Law Judge Conference of the United States will effect no change in the rulemaking, interpretative, or policymaking authority of an agency which would retain full authority to review and change administrative law judge decisions. SEC. 3. ESTABLISHMENT OF THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE UNITED STATES. (a) In General.--Chapter 5 of title 5, United States Code, is amended by adding at the end thereof the following new subchapter: ``SUBCHAPTER VI--THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE UNITED STATES ``Sec. 597. Definitions ``For the purposes of this subchapter-- ``(1) the term `agency' means an authority referred to in section 551(1); ``(2) the term `Conference' means the Administrative Law Judge Conference of the United States established under section 598; ``(3) the term `administrative law judge' means an administrative law judge appointed under section 3105 before or after the effective date of this subchapter; and ``(4) the term `chief judge' means the chief administrative law judge appointed and serving under section 599. ``Sec. 598. Establishment; membership ``(a) Establishment.--There is established the Administrative Law Judge Conference of the United States consisting of all administrative law judges in accordance with subsection (b). Such office shall be administered in Washington, DC. ``(b) Membership.--An administrative law judge serving as such on the date of the commencement of the operation of the Conference, or who is appointed to the position of administrative law judge thereafter, shall be transferred to the Conference for personnel management and related support functions. Each administrative law judge shall be assigned to an agency as provided under section 599A. ``Sec. 599. Chief administrative law judge ``(a) Appointment; Term; Pay.--The chief administrative law judge shall be the chief administrative officer and presiding judge of the Conference. The chief judge shall be appointed by the President, by and with the advice and consent of the Senate. The chief judge shall have served as an administrative law judge for at least 5 years before the date of appointment. The term of office of the chief judge shall be 5 years or until a successor is appointed and qualifies to serve. A chief judge may be reappointed by the President, by and with the advice and consent of the Senate, for 1 additional term upon the expiration of the term of such judge. The chief judge shall be paid at the rate of 105 percent of basic pay for level IV of the Executive Schedule. ``(b) Service After Term Expires.--After serving as chief judge, an individual may continue to serve as an administrative law judge unless such individual has been removed from office in accordance with section 7521. ``(c) Powers of the Chief Judge.--The chief judge shall-- ``(1) enhance and develop the administrative law process and the administrative law judge function and ensure that adjudications by administrative law judges are conducted in accordance with sections 553, 554, and 556 and other applicable law. ``(2) maintain and be the custodian of the personnel file for each administrative law judge; ``(3) maintain a senior administrative law judge register; ``(4) develop training programs, in coordination with the agencies, to promote judicial education, specialization, and efficiency of administrative law judges; ``(5) encourage the efficient use of administrative law judges through temporary reassignment of administrative law judges based upon workload; ``(6) consult with agencies and Office of Management and Budget regarding resources necessary to support administrative law functions; and ``(7) make rules and procedures to implement this subchapter and the functions of the Conference. The chief judge shall make an annual written report to the President and the Congress including recommendations to improve the administrative law process. ``(d) Transfer.--All administrative law judge functions currently performed by the Office of Administrative Law Judges of the United States Office of Personnel Management shall be transferred to the Conference. ``Sec. 599A. Administrative law judge ``(a) Assignment to Agencies.--After selection for appointment to the position of administrative law judge by an agency, the chief judge shall assign each administrative law judge to such agency for the adjudication of cases for the agency. ``(b) Agencies.--Each agency with assigned administrative law judges shall be responsible for the following: ``(1) To provide for all the budget, resources, and support requirements for each administrative law judge assigned to the agency. ``(2) To maintain the finance records for each administrative law judge assigned to the agency. ``(c) Appointment of Agency Chief Judges.--The chief administrative law judge of each agency shall be appointed by the agency head. ``Sec. 599B. Council of the Administrative Law Judge Conference of the United States ``(a) In General.--The advisory body on policy of the Conference shall be the Council of the Administrative Law Judge Conference of the United States. The chief judge shall preside over the Council. ``(b) Membership.--Membership of the Council shall consist of 6 agency chief judges, a public member, 3 elected administrative law judges, and the chief judge. In addition to the chief judge, there shall be 3 permanent members, 3 temporary members, 3 elected administrative law judges, and 1 public member. The 3 permanent members shall consist of the agency chief judge from each of the 3 agencies which have the greatest number of administrative law judges. The 3 temporary members shall be selected by the chief judge, on a rotating basis, from the agency chief judges of the other agencies that have administrative law judges. The public member shall be an attorney with administrative law experience who is selected by the American Bar Association. Each temporary member and the public member shall serve a term of 1 year. The 3 elected administrative law judges shall be selected by popular vote of the currently employed administrative law judges. Not more than one administrative law judge shall be from the same agency and they shall serve for a term of 2 years. The chief judge will conduct the election. The agency of each administrative law judge serving on the Council shall pay the expenses and per diems of each administrative law judge for attending Council meetings and performing Council business. ``(c) Responsibilities.--The Council shall meet at least quarterly and shall make recommendations to the chief judge relating to the administrative law process and administrative law judge personnel matters ``(d) Public Member Compensation.--The public member of the Council shall be compensated as provided in section 599D(b). ``Sec. 599C. Jurisdiction ``(a) Duties.--An administrative law judge who is a member of the Conference and who is assigned to an agency shall hear and render a decision upon every type of claim, case, action, or controversy of adjudication, subject to the provisions of section 553, 554, or 556, and for every type of claim, case, action, or controversy assigned to administrative law judges at the time of the enactment of this subchapter. An administrative law judge shall adhere to the existing legal precedent as established by the decisions of the United States court of appeals for the circuit in which the case is heard. ``(b) Referral of Cases by Courts.--Courts are authorized to refer, subject to the approval of the chief judge and the parties in the court proceeding, those cases, or portions thereof, in which they seek an administrative law judge to act as a special master pursuant to the provisions of Rule 53(a) of the Federal Rules of Civil Procedure or otherwise seek an administrative law judge to make findings of fact in a case on behalf of the referring court, which shall continue to have exclusive and undiminished jurisdiction over the case. When a court has referred a case to an administrative law judge, the recommendations, rulings, and findings of fact of the administrative law judge are subject to de novo review by the referring court. ``(c) Application of Agency Policy.--The provisions of this subchapter shall effect no change in-- ``(1) an agency's rulemaking, interpretative, or policymaking authority in carrying out the statutory responsibilities vested in the agency or agency head; ``(2) the adjudicatory authority of administrative law judges; or ``(3) the authority of an agency to review decisions of administrative law judges under any applicable provision of law. ``Sec. 599D. Removal and discipline ``(a) In General.--The chief judge, upon the recommendation of the Council of the Administrative Law Conference of the United States and after providing notice and a period for comment, shall adopt and issue rules of judicial conduct for administrative law judges. An administrative law judge may not be removed, suspended, reprimanded, or disciplined except for misconduct or neglect of duty, as provided in section 7521, but may be removed for physical or mental disability (consistent with prohibitions on discrimination otherwise imposed by law). ``(b) Complaint Resolutions Board.--The rules of the chief judge under subsection (a) shall contain a Complaints Resolution Board which consists of both administrative law judges and attorneys. The attorneys shall be nominated by the American Bar Association. Compensation shall be paid for work performed by board members, who are not Federal Government employees, at the level of AL-3, rate C under section 5372 , plus expenses and per diems authorized employees of agencies under subchapter I of chapter 57 . The agency that employs the administrative law judge, who is the subject of the complaint, shall pay all expenses, per diem, and costs relating to the disciplinary action. ``(c) Complaint.--(1) A complaint against an administrative law judge shall be in writing and filed with the chief judge. The chief judge may-- ``(A) dismiss the complaint, if the chief judge finds the complaint to be-- ``(i) directly related to the merits of a decision or procedural ruling; or ``(ii) frivolous; ``(B) conclude the proceeding if the chief judge finds that appropriate corrective action has been taken or that action on the complaint is no longer necessary because of intervening events; or ``(C) refer the complaint to the Complaints Resolution Board. ``(2) A panel selected from the Complaints Resolution Board, and consisting of 2 administrative law judges and 1 attorney, shall conduct an investigation of the complaint, may hold a hearing, and shall issue findings and recommendations. The recommendations of the panel shall include one of the following: ``(A) dismissal of all or part of the complaint; ``(B) direct informal reprimand; ``(C) direct formal reprimand; ``(D) suspension; or ``(E) referral to the Merit Systems Protections Board for further proceedings under section 7521. The recommendations of the panel are binding on the chief judge, but if the administrative law judge does not accept the recommendations of the panel, the agency may petition the Merit Systems Protections Board as provided under section 7521.''. SEC. 4. MISCELLANEOUS (a) Satisfaction of Other Procedural Requirements.--Compliance with subchapter VI of chapter 5 of title 5, United States Code, shall satisfy all requirements imposed under section 916 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. (b) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 for fiscal year 1999 for the Administrative Law Judge Conference of the United States. (c) Technical and Conforming Amendment.--The table of sections for chapter 5 of title 5, United States Code, is amended by adding at the end thereof the following: ``subchapter vi--the administrative law judge conference of the united states ``597. Definitions. ``598. Establishment; membership. ``599. Chief administrative law judge. ``599A. Administrative law judges. ``599B. Council of the Administrative Law Judge Conference of the United States. ``599C. Jurisdiction. ``599D. Removal and discipline.''. SEC. 5. TRANSITION PROVISIONS. (a) Transfers.--There shall be transferred to the Conference the personnel, assets, property, unexpended balances of appropriations, allocations, and other funds employed and held by the United States Office of Personnel Management and relating to the administrative law function administered by the United States Office of Personnel Management. Appropriations, authorizations, allocations, and other funds paid or transferred by agencies to the United States Office of Personnel Management for the administration of the administrative law judge function shall, after the date of the enactment of this Act, be paid or transferred to the Conference. (b) Collective Bargaining Agreements.--Collective bargaining agreements, relating to personnel transferred by subsection (a), shall remain in effect according to the terms thereof. (c) Disputes.--The Director of the Office of Management and Budget, at such time or times as the Director may provide, shall make such determinations as may be necessary with regard to any dispute arising from the transfer of personnel or assets by subsection (a). SEC. 6. OPERATION OF THE CONFERENCE. Operation of the Administrative Law Judge Conference of the United States shall commence on the date the first chief judge of the Conference takes office under section 599 of title 5, United States Code. SEC. 7. EFFECTIVE DATE. Except as otherwise provided, this Act and the amendments made by this Act shall take effect 120 days after the date of the enactment of this Act.

Administrative Law Judge Conference of the United States Act - Establishes the Administrative Law Judge Conference of the United States to consist of all administrative law judges. Makes the chief administrative law judge the chief administrative officer and presiding judge of the Conference. Requires the chief judge to be appointed by the President, by and with the advice and consent of the Senate, and to have served as an administrative law judge for at least five years before the date of appointment. Sets forth provisions regarding: (1) the chief judge's term of office, rate of pay, and service as an administrative law judge after expiration of that term; and (2) powers of the chief judge (including to enhance the administrative law process, develop training programs, and encourage the efficient use of administrative law judges through temporary reassignment based upon workload). Transfers all administrative law judge functions currently performed by the Office of Administrative Law Judges of the U.S. Office of Personnel Management to the Conference. Directs that the chief judge assign administrative law judges to agencies for the adjudication of agency cases. Makes each agency responsible for providing all administrative law judge budget, resources, and support requirements, for maintaining administrative law judge finance records, and for appointing the chief administrative law judge for the agency. Declares that the advisory body on policy of the Conference shall be the Council of the Administrative Law Judge Conference of the United States, with the chief judge presiding over the Council. Sets forth provisions regarding Council membership, responsibilities, public member compensation, administrative law judge duties, case referrals, and application of agency policy. Directs the chief judge, upon the Council's recommendation and after providing notice and a period for comment, to adopt and issue rules of judicial conduct for administrative law judges. Prohibits an administrative law judge from being removed, suspended, reprimanded, or disciplined except for misconduct or neglect, or for physical or mental disability. Requires the rules of the chief judge to contain a Complaints Resolution Board which consists of both administrative law judges and attorneys, at a specified rate of compensation. Sets forth complaint and transition procedures. Authorizes appropriations for FY 1999 for the Conference.

Administrative Law Judge Conference of the United States Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community College Partnership Act of 2005''. SEC. 2. COMMUNITY COLLEGE OPPORTUNITY; COLLEGE PREPARATION PROGRAMS AUTHORIZED. Subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq.) is amended-- (1) by redesignating section 407E as section 406E; and (2) by adding at the end the following: ``CHAPTER 4--COMMUNITY COLLEGE OPPORTUNITY ``SEC. 407A. PURPOSE. ``It is the purpose of this chapter to enhance-- ``(1) the retention of students at community or technical colleges; ``(2) the opportunities for students to transfer to 4-year institutions of higher education and complete baccalaureate degrees; and ``(3) the preparation of students for high-quality and high-demand emerging and established occupations. ``SEC. 407B. ACTIVITIES. ``(a) Definitions.--In this chapter: ``(1) Community or technical college.--The term `community or technical college' means an institution of higher education-- ``(A) that admits as regular students, individuals who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution; ``(B) that predominately does not provide an educational program for which it awards a baccalaureate degree (or an equivalent degree); ``(C) that-- ``(i) provides an educational program of not less than 2 years that is acceptable for full credit toward a baccalaureate degree; or ``(ii) offers a 2-year program in engineering, mathematics, or the physical or biological sciences, designed to prepare a student to work as a technician or at the semiprofessional level in engineering, scientific, or other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles of knowledge; and ``(D) that is accredited by a regional accrediting agency or association recognized by the Secretary under section 496. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a statewide governance or coordinating board with jurisdiction over community or technical colleges and institutions of higher education that offer a baccalaureate or postbaccalaureate degree; ``(B) a partnership between-- ``(i) a statewide governance or coordinating board with jurisdiction over community or technical colleges; and ``(ii) a statewide governance or coordinating board with jurisdiction over institutions of higher education that offer a baccalaureate or postbaccalaureate degree; or ``(C) a partnership between-- ``(i) 1 or more community or technical colleges; and ``(ii) 1 or more institutions of higher education that offer a baccalaureate or postbaccalaureate degree which is not awarded by a college described in clause (i) with which the institution is partnered. ``(b) Grants Authorized.--From the amounts appropriated under section 407C, the Secretary shall award not less than 6 and not more than 12 grants to eligible entities. ``(c) Applications.--Any eligible entity that desires to obtain a grant under this chapter shall submit to the Secretary an application at such time, in such manner, and containing such information or assurances as the Secretary may require. ``(d) Awarding of Grants.-- ``(1) Criteria.--The Secretary shall establish criteria for awarding grants under this chapter. ``(2) Priority.--In awarding grants under this chapter, the Secretary shall give priority to eligible entities that demonstrate the capacity to identify and address systemic problems related to college retention and the transfer of community or technical college students to institutions of higher education that offer a baccalaureate or postbaccalaureate degree. ``(e) Duration.--A grant under this chapter shall be awarded for a period of 5 or 6 years, which period shall include a planning and implementation phase. ``(f) Use of Funds.--Grants funds awarded under this chapter shall be used for-- ``(1) the development of policies to expand opportunities for community or technical college students to earn baccalaureate degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; ``(2) support services for students participating in the program, such as tutoring, mentoring, and academic and personal counseling, as well as any service that facilitates the transition of students from a community or technical college to an institution of higher education that offers a baccalaureate or postbaccalaureate degree; ``(3) academic program enhancements at a community or technical college that result in increasing-- ``(A) the quality of the program offered; ``(B) the connection to high-quality and high- demand emerging and established occupations; and ``(C) the number of student participants in a dual degree program offered in conjunction with an institution of higher education that offers a baccalaureate or postbaccalaureate degree; and ``(4) programs to identify barriers that inhibit student transfers. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out this chapter. ``SEC. 407C. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this chapter $70,000,000 for fiscal year 2006 and such sums as may be necessary for each of the 3 succeeding fiscal years.''.

Community College Partnership Act of 2005 - Amends the Higher Education Act of 1965 to establish a community college opportunity program to help students at community or technical colleges to transfer to four-year institutions and complete bachelor's degrees. Directs the Secretary of Education to award program grants to eligible partnerships that include one or more community or technical colleges that award associate's degrees and one or more institutions of higher education that offer a baccalaureate or postbaccalaureate degree not awarded by the partner colleges (or to statewide boards or partnerships with jurisdiction over such educational entities). Requires funds from such grants to be used for: (1) development of policies to expand opportunities for community or technical college students to earn bachelor's degrees, including transfer of academic credits between institutions and expanded articulation and guaranteed transfer agreements; (2) support services to students participating in the program, including tutoring, mentoring, academic and personal counseling, and transition facilitation; (3) academic program enhancements at the community or technical college that increase program quality and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree-granting institution; and (4) programs to identify barriers that inhibit student transfers.

A bill to encourage partnerships between community colleges and 4-year institutions of higher education.

SECTION 1. MINIMUM WAGE. Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than-- ``(A) $5.15 an hour beginning September 1, 1997, ``(B) $5.48 an hour during the year beginning April 1, 2000, ``(C) $5.81 an hour during the year beginning April 1, 2001, and ``(D) $6.15 an hour beginning April 1, 2002;''. SEC. 2. EXEMPTION FOR COMPUTER PROFESSIONALS. Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended by amending paragraph (17) to read as follows: ``(17) any employee who is a computer systems, network, or database analyst, designer, developer, programmer, software engineer, or other similarly skilled worker-- ``(A) whose primary duty is-- ``(i) the application of systems or network or database analysis techniques and procedures, including consulting with users, to determine hardware, software, systems, network, or database specifications (including functional specifications); ``(ii) the design, configuration, development, integration, documentation, analysis, creation, testing, securing, or modification of, or problem resolution for, computer systems, networks, databases, or programs, including prototypes, based on and related to user, system, network, or database specifications, including design specifications and machine operating systems; ``(iii) the management or training of employees performing duties described in clause (i) or (ii); or ``(iv) a combination of duties described in clauses (i), (ii), or (iii) the performance of which requires the same level of skills; and ``(B) who, in the case of an employee who is compensated on an hourly basis, is compensated at a rate of not less than $27.63 an hour. For purposes of paragraph (17), the term `network' includes the Internet and intranet networks and the world wide web. An employee who meets the exemption provided by paragraph (17) shall be considered an employee in a professional capacity pursuant to paragraph (1);''. SEC. 3. EXEMPTION FOR CERTAIN SALES EMPLOYEES. (a) Amendment.--Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)), as amended by section 2, is amended by adding at the end the following: ``(18) any employee employed in a sales position if-- ``(A) the employee has specialized or technical knowledge related to products or services being sold; ``(B) the employee's-- ``(i) sales are predominantly to persons or entities to whom the employee's position has made previous sales; or ``(ii) position does not involve initiating sales contacts; ``(C) the employee has a detailed understanding of the needs of those to whom the employee is selling; ``(D) the employee exercises discretion in offering a variety of products and services; ``(E) the employee receives-- ``(i) base compensation, determined without regard to the number of hours worked by the employee, of not less than an amount equal to one and one-half times the minimum wage in effect under section 6(a)(1) multiplied by 2,080; and ``(ii) in addition to the employee's base compensation, compensation based upon each sale attributable to the employee; ``(F) the employee's aggregate compensation based upon sales attributable to the employee is not less than 40 percent of one and one-half times the minimum wage multiplied by 2,080; ``(G) the employee receives a rate of compensation based upon each sale attributable to the employee which is beyond sales required to reach the compensation required by subparagraph (F) which rate is not less than the rate on which the compensation required by subparagraph (F) is determined; and ``(H) the rate of annual compensation or base compensation for any employee who did not work for an employer for an entire calendar year is prorated to reflect annual compensation which would have been earned if the employee had been compensated at the same rate for the entire calendar year;''. (b) Construction.--The amendment made by subsection (a) may not be construed to apply to individuals who are employed as route sales drivers. SEC. 4. EXEMPTION FOR FUNERAL DIRECTORS. Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)), as amended by section 3, is amended by adding after paragraph (18) the following: ``(19) any employee employed as a licensed funeral director or a licensed embalmer.''. SEC. 5. STATE MINIMUM WAGE. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h)(1) An employer in a State that adopts minimum wage legislation that conforms to the requirement of paragraph (2) shall not be required to pay its employees at the minimum wage prescribed by subsection (a)(1). ``(2) Paragraph (1) shall apply in a State that adopts minimum wage legislation that-- ``(A) sets a rate that is not less than $5.15 an hour; and ``(B) applies that rate to not fewer than the employees performing work within the State that would otherwise be covered by the minimum wage rate prescribed by subsection (a)(1).''.

(Sec. 2) Revises an exemption from FLSA minimum wage and overtime compensation requirements for certain computer professionals to include computer network and database analysts, and computer systems, network, and database designers and developers.(Sec. 3) Exempts from FLSA minimum wage and overtime compensation requirements any employee in a sales position, if: (1) the employee has specialized or technical knowledge related to products or services being sold; (2) the employee's sales are predominantly to persons who are entities to whom the employee has made previous sales or the employee's position does not involve initiating sales contacts; (3) the employee has a detailed understanding of customers' needs and exercises discretion in offering a variety of products and services; (4) the employee receives a base compensation at a specified minimum rate and additional compensation based on sales attributable to the employee; (5) the employee's aggregate compensation based upon sales reaches a specified minimum level; and (6) the rate of annual compensation or base compensation for an employee who did not work for an employer for an entire calendar year is prorated to reflect annual compensation which would have been earned if the employee had been compensated at the same rate for the entire calendar year. Makes such exemption inapplicable to individuals employed as route sales drivers.(Sec. 4) Exempts licensed funeral directors and licensed embalmers from FLSA minimum wage and overtime compensation requirements.(Sec. 5) Allows a State to preempt the Federal minimum wage if the State: (1) sets a minimum wage rate of at least $5.15 per hour (the current Federal minimum wage); and (2) applies that rate to as many workers in the State as would otherwise be covered by the Federal minimum wage rate.

To amend the Fair Labor Standards Act of 1938 to increase the minimum wage, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Receiving Electronic Statements To Improve Retiree Earnings Act''. SEC. 2. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION. (a) Amendments to Employee Retirement Income Security Act of 1974.-- (1) In general.--Part 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``SEC. 112. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION. ``A document of any type that is required under this title to be furnished to a plan participant, beneficiary, or other individual with respect to a pension plan may be furnished in electronic form if-- ``(1) the system for furnishing such a document-- ``(A) is designed to result in effective access to the document by the participant, beneficiary, or other specified individual through electronic means, including-- ``(i) the direct delivery of material to an electronic address of such participant, beneficiary, or individual, ``(ii) the posting of material to a website or other internet or electronic-based information repository to which access has been granted to such participant, beneficiary, or individual, but only if proper notice of the posting has been provided (which may include notice furnished by other electronic means if the content of the notice conveys the need to take action to access the posted material), and ``(iii) other electronic means reasonably calculated to ensure actual receipt of the material by such participant, beneficiary, or individual, ``(B) permits the participant, beneficiary, or other individual to select among the specific electronic means made available through which such a document shall be furnished, to modify that selection at any time, or to elect at any time to begin receiving paper versions of such documents at no additional direct cost to the individual, and ``(C) protects the confidentiality of personal information relating to such participant's, beneficiary's, or individual's accounts and benefits, ``(2) an annual paper notice is provided to each participant, beneficiary, or other individual that describes-- ``(A) the selection of the specific electronic means for the furnishing of such documents made by the participant, beneficiary, or other individual under paragraph (1)(B) in effect at the time of the provision of the notice, ``(B) the right to modify the selection at any time, or to elect at any time to receive paper versions of documents at no additional direct cost, and how to make such an election, and ``(C) if applicable, the election made by the participant, beneficiary, or other individual under paragraph (1)(B) to be furnished paper versions of such documents, and ``(3) the electronically furnished document-- ``(A) is prepared and furnished in a manner that is consistent with the style, format, and content requirements applicable to the particular document, and ``(B) includes a notice that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted. For purposes of this section, the term `document' includes reports, statements, notices, notifications, and other information.''. (2) Conforming amendment.--The table of contents in section 1 of such Act (29 U.S.C. 1001 note) is amended by inserting after the item relating to section 111 the following: ``112. Electronic communication of pension plan information.''. (b) Amendment to Internal Revenue Code of 1986.--Section 414 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(aa) Electronic Communication of Pension Plan Information.--A document of any type that is required under this title to be furnished to a plan participant, beneficiary, or other individual with respect to a plan to which this subchapter or section 457 applies may be furnished in electronic form if-- ``(1) the system for furnishing such a document-- ``(A) is designed to result in effective access to the document by the participant, beneficiary, or other specified individual through electronic means, including-- ``(i) the direct delivery of material to an electronic address of such participant, beneficiary, or individual, ``(ii) the posting of material to a website or other internet or electronic-based information repository to which access has been granted to such participant, beneficiary, or individual, but only if proper notice of the posting has been provided (which may include notice furnished by other electronic means if the content of the notice conveys the need to take action to access the posted material), and ``(iii) other electronic means reasonably calculated to ensure actual receipt of the material by such participant, beneficiary, or individual, ``(B) permits the participant, beneficiary, or other individual to select among the specific electronic means made available through which such a document shall be furnished, to modify that selection at any time, or to elect at any time to begin receiving paper versions of such documents at no additional direct cost to the individual, and ``(C) protects the confidentiality of personal information relating to such participant's, beneficiary's, or individual's accounts and benefits, ``(2) an annual paper notice is provided to each participant, beneficiary, or other individual that describes-- ``(A) the selection of the specific electronic means for the furnishing of such documents made by the participant, beneficiary, or other individual under paragraph (1)(B) in effect at the time of the provision of the notice, ``(B) the right to modify the selection at any time, or to elect at any time to receive paper versions of documents at no additional direct cost, and how to make such an election, and ``(C) if applicable, the election made by the participant, beneficiary, or other individual under paragraph (1)(B) to be furnished paper versions of such documents, and ``(3) the electronically furnished document-- ``(A) is prepared and furnished in a manner that is consistent with the style, format, and content requirements applicable to the particular document, and ``(B) includes a notice that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted. For purposes of this subsection, the term `document' includes reports, statements, notices, notifications, and other information.''. (c) Protection of Existing Methods.--Nothing in the amendments made by this section shall be construed to prohibit-- (1) the furnishing of documents by electronic means under any law or under any regulations or guidance prescribed by the Secretary of Labor or the Secretary of the Treasury (referred to in this subsection as the ``Secretaries'') prior to the date of the enactment of this Act; or (2) the Secretaries from prescribing additional methods for furnishing documents as the Secretaries deem necessary or appropriate. (d) Effective Date.--The amendments made by this section shall apply with respect to documents furnished with respect to plan years beginning after December 31, 2018.

Receiving Electronic Statements To Improve Retiree Earnings Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to authorize the electronic delivery of pension plan documents required to be furnished to a plan participant, beneficiary, or other individual. The system for furnishing such a document must: (1) be designed to result in effective access to the document, (2) permit the recipient to select the electronic means through which the document is received or request paper documents, and (3) protect the confidentiality of personal information. An annual paper notice must be provided describing: the selection of electronic means for furnishing documents, the right to modify the selection or to elect to receive paper versions of the documents at no additional direct cost and how to make the election, and any election that has been made to receive paper documents. An electronically furnished document must be prepared and furnished in a manner that is consistent with the style, format, and content requirements for the document. It must also include a notice that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted.

Receiving Electronic Statements To Improve Retiree Earnings Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern Nevada Land Implementation Improvement Act''. SEC. 2. FACILITATION OF PINYON-JUNIPER RELATED PROJECTS IN LINCOLN COUNTY, NEVADA. (a) Facilitation of Pinyon-Juniper Related Projects.-- (1) Availability of special account under lincoln county land act of 2000.--Section 5(b) of the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1048) is amended-- (A) in paragraph (1)-- (i) in subparagraph (B), by inserting ``and implementation'' after ``development''; and (ii) in subparagraph (C)-- (I) in clause (i), by striking ``; and'' at the end and inserting a semicolon; and (II) by adding at the end the following: ``(iii) development and implementation of comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction projects and wildfire prevention planning (particularly for pinyon-juniper dominated landscapes) and other rangeland and woodland restoration projects within the County, consistent with the Ely Resource Management Plan and subject to approval by the Secretary; and''; and (B) by adding at the end the following: ``(3) Waiver of fees.--Processing of applications for rights-of-way submitted by local or regional governments within the County necessary to deliver government-provided services to land conveyed pursuant to this Act shall not require payment of cost-recovery fees or payment of contributed funds. ``(4) Cooperative agreements.--Establishment of cooperative agreements between the Bureau of Land Management and the County shall be required for County-provided law enforcement and planning related activities regarding-- ``(A) wilderness in the County designated by the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2403); ``(B) cultural resources identified, protected, and managed pursuant to that Act; ``(C) planning, management, and law enforcement associated with the Silver State OHV Trail designated by that Act; and ``(D) planning associated with land disposal and related land use authorizations required for utility corridors and rights-of-way to serve land that has been, or is to be, disposed of pursuant to that Act and this Act.''. (2) Availability of special account under lincoln county conservation, recreation, and development act of 2004.--Section 103 of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2406) is amended-- (A) in subsection (b)(3)-- (i) in subparagraph (E), by striking ``; and'' at the end and inserting a semicolon; (ii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(G) development and implementation of comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction and wildfire prevention planning (particularly for pinyon-juniper dominated landscapes) and other rangeland and woodland restoration projects within the County, consistent with the Ely Resource Management Plan and subject to approval by the Secretary.''; and (B) by adding at the end the following: ``(d) Waiver of Fees.--Processing of applications for rights-of-way submitted by local or regional governments within the County necessary to deliver government-provided services to land conveyed pursuant to this Act shall not require payment of cost-recovery fees or payment of contributed funds. ``(e) Cooperative Agreements.--Establishment of cooperative agreements between the Bureau of Land Management and the County shall be required for County-provided law enforcement and planning related activities regarding-- ``(1) wilderness in the County designated by this Act; ``(2) cultural resources identified, protected, and managed pursuant to this Act; ``(3) planning, management, and law enforcement associated with the Silver State OHV Trail designated by this Act; and ``(4) planning associated with land disposal and related land use authorizations required for utility corridors and rights-of-way to serve land that has been, or is to be, disposed of pursuant to this Act and the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1046).''. (b) Disposition of Proceeds.-- (1) Disposition of proceeds under lincoln county land act of 2000.--Section 5(a)(2) of the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1047) is amended by inserting ``and the Lincoln County Regional Development Authority or any other County economic development organization'' after ``schools''. (2) Disposition of proceeds under lincoln county conservation, recreation, and development act of 2004.--Section 103(b)(2) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2405) is amended by striking ``and transportation'' and inserting ``transportation, and the Lincoln County Regional Development Authority or any other County economic development organization''. (c) Certain Land in Utility Corridor Not Withdrawn.--Section 301(c) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2413) is amended in the matter preceding paragraph (1) by inserting ``(other than land in the corridor located in sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, and 15, T. 7 N., R. 68 E.)'' after ``subsection (a)''. SEC. 3. MT. MORIAH WILDERNESS, HIGH SCHELLS WILDERNESS, AND ARC DOME WILDERNESS BOUNDARY ADJUSTMENTS. (a) Amendments to the Pam White Wilderness Act.--Section 323 of the Pam White Wilderness Act of 2006 (16 U.S.C. 1132 note; Public Law 109- 432; 120 Stat. 3031) is amended by striking subsection (e) and inserting the following: ``(e) Mt. Moriah Wilderness Adjustment.--The boundary of the Mt. Moriah Wilderness established under section 2(13) of the Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101- 195) is adjusted to include-- ``(1) the land identified as the `Mount Moriah Wilderness Area' and `Mount Moriah Additions' on the map entitled `Eastern White Pine County' and dated November 29, 2006; and ``(2) the land identified as `NFS Lands' on the map entitled `Proposed Wilderness Boundary Adjustment Mt. Moriah Wilderness Area' and dated June 18, 2014. ``(f) High Schells Wilderness Adjustment.--The boundary of the High Schells Wilderness established under subsection (a)(11) is adjusted to include the land identified as `Include as Wilderness' on the map entitled `McCoy Creek Adjustment' and dated November 3, 2014, and to exclude the land identified as `NFS Lands' on the map entitled `Proposed Wilderness Boundary Adjustment High Schells Wilderness Area' and dated June 17, 2014.''. (b) Amendments to the Nevada Wilderness Protection Act of 1989.-- The Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101-195; 103 Stat. 1784) is amended by adding at the end the following: ``SEC. 12. ARC DOME BOUNDARY ADJUSTMENT. ``The boundary of the Arc Dome Wilderness established under section 2(2) is adjusted to exclude the land identified as `Exclude from Wilderness' on the map entitled `Arc Dome Adjustment' and dated November 3, 2014.''. SEC. 4. IMPLEMENTATION OF CONSERVATION PLAN, VIRGIN RIVER, NEVADA. Section 3(d)(3)(B) of Public Law 99-548 (100 Stat. 3061; 116 Stat. 2018) is amended by striking ``development of a multispecies habitat conservation plan for'' and inserting ``development and implementation of a conservation plan to benefit fish and wildlife species of''.

Eastern Nevada Land Implementation Improvement Act Amends the Lincoln County Land Act of 2000 (the Act) to require implementation of a multispecies habitat conservation plan in Lincoln County, Nevada. Amends the Act and the Lincoln County Conservation, Recreation, and Development Act of 2004 to make certain amounts available for comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction projects and wildfire prevention planning (particularly for pinyon-juniper dominated landscapes) and other rangeland and woodland restoration projects within the county, consistent with the Ely Resource Management Plan and subject to approval by the Department of the Interior. Requires establishment of cooperative agreements between the Bureau of Land Management and Lincoln County for certain county-provided law enforcement and planning related activities. Requires the use of a portion of proceeds from land sales under both Acts for the Lincoln County Regional Development Authority or any other county economic development organization. Excludes specified public land within certain utility corridors in Lincoln and Clark Counties, Nevada, from being withdrawn from public land, mining, and mineral leasing and geothermal leasing laws. Amends the Pam White Wilderness Act to adjust the boundary of the Mt. Moriah Wilderness to include specified lands. Adjusts the boundary of the High Schells Wilderness to include and exclude specified lands. Amends the Nevada Wilderness Protection Act of 1989 to adjust the boundary of the Arc Dome Wilderness to exclude specified land. Amends the Mesquite Lands Act of 1988 to require the proceeds of the sales of certain parcels of land by Interior to the city of Mesquite, Nevada, to be made available for use for the development and implementation of a conservation plan to benefit fish and wildlife species of the Virgin River in Clark County (rather than, as currently, for development of a multispecies habitat conservation plan).

Eastern Nevada Land Implementation Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as ``Mynesha's Law''. SEC. 2. FINDINGS. Congress finds-- (1) with an estimated 24,500 gangs operating within the United States, gang violence and drug trafficking remain serious problems throughout the country, causing injury and death to innocent victims, often children; (2) on November 13, 2005, a gang-related dispute broke out in San Bernardino, California, and gunfire sprayed an apartment building, killing 11-year old Mynesha Crenshaw and seriously wounding her 14-year old sister as they ate Sunday dinner with their family; (3) this tragic shooting symbolizes the struggle that so many communities across the United States, like San Bernardino, face in combating gang violence, and serves as a reminder of the nationwide problem of protecting children from senseless violence; (4) according to the National Drug Threat Assessment, criminal street gangs are responsible for the distribution of much of the cocaine, methamphetamine, heroin, and other illegal drugs throughout the United States; (5) the Federal Government has made an increased commitment to the suppression of gang violence through enhanced law enforcement and criminal penalties; and (6) more Federal resources and coordination are needed to reduce gang violence through proven and proactive prevention and intervention programs that focus on keeping at-risk youth in school and out of the criminal justice system. SEC. 3. DESIGNATION AS A HIGH-INTENSITY GANG ACTIVITY AREA. (a) In General.--A unit of local government, city, county, tribal government, or a group of counties (whether located in 1 or more States) may submit an application to the Attorney General for designation as a High-Intensity Gang Activity Area. (b) Criteria.-- (1) In general.--The Attorney General shall establish criteria for reviewing applications submitted under subsection (a). (2) Considerations.--In establishing criteria under subsection (a) and evaluating an application for designation as a High-Intensity Gang Activity Area, the Attorney General shall consider-- (A) the current and predicted levels of gang crime activity in the area; (B) the extent to which violent crime in the area appears to be related to criminal gang activity; (C) the extent to which the area is already engaged in local or regional collaboration regarding, and coordination of, gang prevention activities; and (D) such other criteria as the Attorney General determines to be appropriate. SEC. 4. PURPOSE OF THE TASK FORCE. (a) In General.--In order to coordinate Federal assistance to High- Intensity Gang Activity Areas, the Attorney General shall establish an Interagency Gang Prevention Task Force (in this Act referred to as the ``Task Force''), consisting of a representative from-- (1) the Department of Justice; (2) the Department of Education; (3) the Department of Labor; (4) the Department of Health and Human Services; and (5) the Department of Housing and Urban Development. (b) Coordination.--For each High-Intensity Gang Activity Area designated by the Attorney General under section 3, the Task Force shall-- (1) coordinate the activities of the Federal Government to create a comprehensive gang prevention response, focusing on early childhood intervention, at-risk youth intervention, literacy, employment, and community policing; and (2) coordinate its efforts with local and regional gang prevention efforts. (c) Programs.--The Task Force shall prioritize the needs of High- Intensity Gang Activity Areas for funding under-- (1) the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); (2) the Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.); (3) the Healthy Start Initiative under section 330H of the Public Health Services Act (42 U.S.C. 254c-8); (4) the Head Start Act (42 U.S.C. 9831 et seq.); (5) the 21st Century Community Learning Centers program under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.); (6) the Job Corps program under subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.); (7) the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); (8) the Gang Resistance Education and Training projects under subtitle X of title III of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13921); (9) any program administered by the Office of Community Oriented Policing Services; (10) the Juvenile Accountability Block Grant program under part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.); (11) 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.); and (12) any other program that the Task Force determines to be appropriate. (d) Reporting Requirements.-- (1) In general.--Not later than February 1 of each year, the Task Force shall submit to Congress and the Attorney General a report on the funding needs and programmatic outcomes for each area designated as a High-Intensity Gang Activity Area. (2) Contents.--Each report under paragraph (1) shall include-- (A) an evidence-based analysis of the best practices and outcomes among the areas designated as High-Intensity Gang Activity Areas; and (B) an analysis of the adequacy of Federal funding to meet the needs of each area designated as a High- Intensity Gang Activity Area and, if the Task Force identifies any programmatic shortfalls in addressing gang prevention, a request for new funding or reprogramming of existing funds to meet such shortfalls. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to meet any needs identified in any report submitted under section 4(d)(1).

Mynesha's Law - Authorizes any local or tribal government to submit an application to the Attorney General for designation as a High-Intensity Gang Activity Area. Directs the Attorney General to: (1) establish criteria for reviewing such applications; and (2) establish an Interagency Gang Prevention Task Force to coordinate federal assistance to High-Intensity Gang Activity Areas. Directs the Task Force to prioritize the needs of High-Intensity Gang Activity Areas for funding under specified federal community assistance and grant programs.

A bill to provide Federal coordination and assistance in preventing gang violence.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rare Earths and Critical Materials Revitalization Act of 2010''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--RARE EARTH MATERIALS Sec. 101. Rare earth materials program. Sec. 102. Rare earth materials loan guarantee program. TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND DEVELOPMENT Sec. 201. Amendments to National Materials and Minerals Policy, Research and Development Act of 1980. Sec. 202. Repeal. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate Congressional committees'' means the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate. (2) Department.--The term ``Department'' means the Department of Energy. (3) Rare earth materials.--The term ``rare earth materials'' means any of the following chemical elements in any of their physical forms or chemical combinations: (A) Scandium. (B) Yttrium. (C) Lanthanum. (D) Cerium. (E) Praseodymium. (F) Neodymium. (G) Promethium. (H) Samarium. (I) Europium. (J) Gadolinium. (K) Terbium. (L) Dysprosium. (M) Holmium. (N) Erbium. (O) Thulium. (P) Ytterbium. (Q) Lutetium. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. TITLE I--RARE EARTH MATERIALS SEC. 101. RARE EARTH MATERIALS PROGRAM. (a) Establishment of Program.-- (1) In general.--There is established in the Department a program of research, development, demonstration, and commercial application to assure the long-term, secure, and sustainable supply of rare earth materials sufficient to satisfy the national security, economic well-being, and industrial production needs of the United States. (2) Program activities.--The program shall support activities to-- (A) better characterize and quantify virgin stocks of rare earth materials using theoretical geochemical research; (B) explore, discover, and recover rare earth materials using advanced science and technology; (C) improve methods for the extraction, processing, use, recovery, and recycling of rare earth materials; (D) improve the understanding of the performance, processing, and adaptability in engineering designs of rare earth materials; (E) identify and test alternative materials that can be substituted for rare earth materials in particular applications; (F) engineer and test applications that-- (i) use recycled rare earth materials; (ii) use alternative materials; or (iii) seek to minimize rare earth materials content; (G) collect, catalogue, archive, and disseminate information on rare earth materials, including scientific and technical data generated by the research and development activities supported under this section, and assist scientists and engineers in making the fullest possible use of the data holdings; and (H) facilitate information sharing and collaboration among program participants and stakeholders. (3) Improved processes and technologies.--To the maximum extent practicable, the Secretary shall support new or significantly improved processes and technologies as compared to those currently in use in the rare earth materials industry. (4) Expanding participation.--The Secretary shall encourage-- (A) multidisciplinary collaborations among program participants; and (B) extensive opportunities for students at institutions of higher education, including institutions listed under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). (5) Consistency.--The program shall be consistent with the policies and programs in the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1601 et seq.). (6) International collaboration.--In carrying out the program, the Secretary may collaborate, to the extent practicable, on activities of mutual interest with the relevant agencies of foreign countries with interests relating to rare earth materials. (b) Plan.-- (1) In general.--Within 180 days after the date of enactment of this Act and biennially thereafter, the Secretary shall prepare and submit to the appropriate Congressional committees a plan to carry out the program established under subsection (a). (2) Specific requirements.--The plan shall include a description of-- (A) the research and development activities to be carried out by the program during the subsequent 2 years; (B) the expected contributions of the program to the creation of innovative methods and technologies for the efficient and sustainable provision of rare earth materials to the domestic economy; (C) the criteria to be used to evaluate applications for loan guarantees under section 1706 of the Energy Policy Act of 2005; (D) any projects receiving loan guarantee support under such section and the status of such projects; (E) how the program is promoting the broadest possible participation by academic, industrial, and other contributors; and (F) actions taken or proposed that reflect recommendations from the assessment conducted under subsection (c) or the Secretary's rationale for not taking action pursuant to any recommendation from such assessment for plans submitted following the completion of the assessment under such subsection. (3) Consultation.--In preparing each plan under paragraph (1), the Secretary shall consult with appropriate representatives of industry, institutions of higher education, Department of Energy national laboratories, professional and technical societies, and other entities, as determined by the Secretary. (c) Assessment.-- (1) In general.--After the program has been in operation for 4 years, the Secretary shall offer to enter into a contract with the National Academy of Sciences under which the National Academy shall conduct an assessment of the program under subsection (a). (2) Inclusions.--The assessment shall include the recommendation of the National Academy of Sciences that the program should be-- (A) continued, accompanied by a description of any improvements needed in the program; or (B) terminated, accompanied by a description of the lessons learned from the execution of the program. (3) Availability.--The assessment shall be made available to Congress and the public upon completion. SEC. 102. RARE EARTH MATERIALS LOAN GUARANTEE PROGRAM. (a) Amendment.--Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.) is amended by adding at the end the following new section: ``SEC. 1706. TEMPORARY PROGRAM FOR RARE EARTH MATERIALS REVITALIZATION. ``(a) In General.--As part of the program established in section 101 of the Rare Earths and Critical Materials Revitalization Act of 2010, the Secretary is authorized, only to the extent provided in advance in a subsequent appropriations act, to make guarantees under this title for the commercial application of new or significantly improved technologies (compared to technologies currently in use in the United States at the time the guarantee is issued) for the following categories of projects: ``(1) The separation and recovery of rare earth materials from ores or other sources. ``(2) The preparation of rare earth materials in oxide, metal, alloy, or other forms needed for national security, economic well-being, or industrial production purposes. ``(3) The application of rare earth materials in the production of improved-- ``(A) magnets; ``(B) batteries; ``(C) refrigeration systems; ``(D) optical systems; ``(E) electronics; and ``(F) catalysis. ``(4) The application of rare earth materials in other uses, as determined by the Secretary. ``(b) Timeliness.--The Secretary shall seek to minimize delay in approving loan guarantee applications, consistent with appropriate protection of taxpayer interests. ``(c) Cooperation.--To the maximum extent practicable, the Secretary shall cooperate with appropriate private sector participants to achieve a complete rare earth materials production capability in the United States within 5 years after the date of enactment of the Rare Earths and Critical Materials Revitalization Act of 2010. ``(d) Domestic Supply Chain.--In support of the objective in subsection (c) to achieve a rare earth materials production capability in the United States that includes the complete value chain described in paragraphs (1) through (4) of subsection (a), the Secretary may not award a guarantee for a project unless the project's proponent provides to the Secretary an assurance that the loan or guarantee shall be used to support the separation, recovery, preparation, or manufacturing of rare earth materials in the United States for customers within the United States unless insufficient domestic demand for such materials results in excess capacity. ``(e) Sunset.--The authority to enter into guarantees under this section shall expire on September 30, 2015.''. (b) Table of Contents Amendment.--The table of contents of the Energy Policy Act of 2005 is amended by inserting after the item relating to section 1705 the following new item: ``Sec. 1706. Temporary program for rare earth materials revitalization.''. TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND DEVELOPMENT SEC. 201. AMENDMENTS TO NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH AND DEVELOPMENT ACT OF 1980. (a) Program Plan.--Section 5 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1604) is amended-- (1) by striking ``date of enactment of this Act'' each place it appears and inserting ``date of enactment of the Rare Earths and Critical Materials Revitalization Act of 2010''; (2) in subsection (b), by striking ``Federal Coordinating Council for Science, Engineering, and Technology'' and inserting ``National Science and Technology Council,''; (3) in subsection (c)-- (A) by striking ``the Federal Emergency'' and all that follows through ``Agency, and''; (B) by striking ``appropriate shall'' and inserting ``appropriate, shall''; (C) by striking paragraph (1); (D) in paragraph (2), by striking ``in the case'' and all that follows through ``subsection,''; (E) by redesignating paragraph (2) as paragraph (1); and (F) by amending paragraph (3) to read as follows: ``(2) assess the adequacy, accessibility, and stability of the supply of materials necessary to maintain national security, economic well-being, and industrial production.''; (4) by striking subsections (d) and (e); and (5) by redesignating subsection (f) as subsection (d). (b) Policy.--Section 3 of such Act (30 U.S.C. 1602) is amended-- (1) by striking ``The Congress declares that it'' and inserting ``It''; and (2) by striking ``The Congress further declares that implementation'' and inserting ``Implementation''. (c) Implementation.--Section 4 of such Act (30 U.S.C. 1603) is amended-- (1) by striking ``For the purpose'' and all that follows through ``declares that the'' and inserting ``The''; and (2) by striking ``departments and agencies,'' and inserting ``departments and agencies to implement the policies set forth in section 3''. SEC. 202. REPEAL. Title II of Public Law 98-373 (30 U.S.C. 1801 et seq.; 98 Stat. 1248), also known as the National Critical Materials Act of 1984, is repealed. Passed the House of Representatives September 29, 2010. Attest: LORRAINE C. MILLER, Clerk.

Rare Earths and Critical Materials Revitalization Act of 2010 - Title I: Rare Earth Materials - (Sec. 101) Establishes in the Department of Energy (DOE) a research, development, and commercial application program to assure the long-term, secure, and sustainable supply of specified rare earth materials to satisfy the national security, economic well-being, and industrial production needs of the United States. Directs the Secretary of Energy (Secretary) to: (1) support new or significantly improved processes and technologies (as compared to those currently in use in the rare earth materials industry); (2) encourage multidisciplinary collaborations and opportunities for students at institutions of higher education; (3) collaborate with relevant agencies of foreign countries with interests relating to rare earth materials; and (4) submit an implementation plan to Congress. Requires the Secretary to offer to contract with the National Academy of Sciences for an assessment of the program after it has been in operation for four years. (Sec. 102) Amends the Energy Policy Act of 2005 to authorize the Secretary through FY 2015, only to the extent provided in advance in a subsequent appropriations Act, to make loan guarantee commitments for the commercial application of new or significantly improved technologies for specified categories of projects, including: (1) separation and recovery of rare earth materials from ores or other sources; (2) preparation of rare earth materials in oxide, metal, alloy, or other forms needed for national security, economic well-being, or industrial production purposes; and (3) application of rare earth materials in the production of improved magnets, batteries, refrigeration systems, optical systems, electronics, and catalysis, among other uses. Directs the Secretary to cooperate with appropriate private sector participants to achieve a complete rare earth materials production capability in the United States within five years after enactment of this Act. Prohibits the Secretary from awarding a loan guarantee for a project unless the project's proponent provides assurances that the loan or guarantee shall be used to support the separation, recovery, preparation, or manufacturing of rare earth materials in the United States for customers within the United States, unless insufficient domestic demand for such materials results in excess capacity. Title II: National Materials and Minerals Policy, Research, and Development - (Sec. 201) Amends the National Materials and Minerals Policy, Research and Development Act of 1980 to: (1) instruct the Director of the Office of Science and Technology Policy to coordinate federal materials research and development through the National Science and Technology Council (instead of the Federal Coordinating Council for Science, Engineering, and Technology, which is now defunct); and (2) repeal specified reporting and action requirements for the Secretaries of Defense and of the Interior, respectively. (Sec. 202) Repeals the National Critical Materials Act of 1984.

To develop a rare earth materials program, to amend the National Materials and Minerals Policy, Research and Development Act of 1980, and for other purposes.

SECTION 1. FINDINGS. Congress finds that-- (1) the Mt. Soledad Veterans Memorial (referred to in this Act as the ``Memorial'') has proudly stood overlooking San Diego, California, for more than 52 years as a tribute to the members of the United States Armed Forces who sacrificed their lives in defense of the United States; (2) the Memorial was dedicated on April 18, 1954, as ``a lasting memorial to the dead of the First and Second World Wars and the Korean conflict'' and now serves as a memorial to American veterans of all wars, including the War on Terrorism; (3) the United States has a long history and tradition of memorializing members of the Armed Forces who die in battle with a cross or other religious emblem of faith, and a memorial cross is fully integrated as the centerpiece of the multifaceted Memorial, which is replete with secular symbols; (4) the patriotic and inspirational symbolism of the Memorial provides solace to the families and comrades of the veterans it memorializes; (5) the Memorial has been recognized by Congress as a National Veterans Memorial and is considered a historically significant national memorial; (6) 76 percent of the voters of the city of San Diego supported donating the Memorial to the United States, only to have a California superior court judge invalidate that election; (7) the city of San Diego has diligently pursued every possible legal recourse to preserve the Memorial in its entirety for persons who have served in the Armed Forces and who will serve and sacrifice in the future; and (8) Congressional action is necessary to preserve the Memorial because the city of San Diego is under a district court order to remove the Memorial from city property by August 1, 2006. SEC. 2. ACQUISITION OF MEMORIAL. (a) In General.--To effectuate the purpose of section 116 of division J of the Consolidated Appropriations Act, 2005 (16 U.S.C. 431 note; 118 Stat. 3346), which designated the Memorial as a national memorial honoring veterans of the United States Armed Forces to preserve a historically significant war memorial, there is vested in the United States all right, title, and interest in and to, and the right to immediate possession of, the Memorial, as described in subsection (d). (b) Compensation.-- (1) In general.--The United States shall pay to each owner of property the title to which is taken by the United States pursuant to this section compensation in an amount equal to, as applicable-- (A) the agreed negotiated value of the property; or (B) the valuation of the property according to an applicable judgment. (2) Source of funds.--A payment under paragraph (1) shall be made from the permanent judgment appropriation established pursuant to section 1304 of title 31, United States Code. (3) Full faith and credit.--The full faith and credit of the United States is pledged to the payment of any judgment entered against the United States with respect to a taking of property pursuant to this section. (4) Failure to negotiate settlement.--If the applicable parties do not reach a negotiated settlement with respect to a taking under this section by the date that is 1 year after the date of enactment of this Act, the Secretary of Defense may initiate a proceeding in a court of competent jurisdiction to determine the amount of compensation to be paid by the United States with respect to the taking. (c) Maintenance.--On acquisition of the Memorial by the United States, the Secretary of Defense shall-- (1) manage the property subject to the taking; and (2) offer to enter into a memorandum of understanding with the Mt. Soledad Memorial Association for the continued maintenance of the Memorial by the Association. (d) Legal Description.-- (1) In general.--The Memorial referred to in this section is the portion of Pueblo Lot 1265 of the Pueblo Lands of San Diego, California, as depicted on the map of San Diego County, California, numbered 36, prepared by James Pascoe, dated 1879, and on file in the office of the County Recorder of San Diego County, and more particularly described as the area bounded by the back of the existing inner sidewalk on top of Mt. Soledad, being a circle with radius of 84 feet, the center of which is located as follows: (A) Beginning at the southwesterly corner of Pueblo Lot 1265, S. 17 degrees, 14'33" E. (record S. 17 degrees 14'09" E.), 607.21 feet along the westerly line of that lot from its intersection with the north line of La Jolla Scenic Drive South, designated as parcel 2 in City Council Resolution No. 216644 (August 25, 1976). (B) Thence N. 39 degrees 59'24" E., 1147.62 feet to the center of the circle. (2) Survey.--The exact boundaries and legal description of the Memorial shall be determined by a survey to be prepared by the Secretary of Defense. (3) Prohibition on expansion.--On acquisition of the Memorial by the United States, the boundaries of the Memorial shall not be expanded.

Vests in the United States all right, title, and interest to, and the right to immediate possession of, Mt. Soledad Veterans Memorial in San Diego, California, to provide for its preservation as a national war memorial honoring veterans. Requires the United States to pay a negotiated or court-ordered amount of compensation to current owners of such property. Prohibits expanding the Memorial's boundaries, upon acquisition by the United States.

A bill to preserve the Mt. Soledad Veterans Memorial in San Diego, California, by providing for the immediate acquisition of the memorial by the United States.

SECTION 1. FINDINGS. The Congress finds the following: (1) The population of Asian American and Pacific Islanders (in this section referred to as ``AAPI'') is an exceptionally diverse population. Characteristics of the AAPI population vary according to ethnicity, immigration patterns, historical experiences, and social group issues. (2) The diversity of the AAPI population includes indigenous Pacific Islanders, well-established populations represented in the United States for several generations, and ethnic groups who may be recent immigrants or refugees, and were forced to leave their home countries. (3) The diversity of the population is reflected in the Federal government's categories for Asian Americans and Pacific Islanders. There are 17 ethnic groups considered to be Asian and 4 ethnic groups considered to be Pacific Islander. Neither definition reflects AAPI's who may identify as ``more than one race''. (4) The distinct cultural, linguistic, socioeconomic, and historical experiences that affect educational attainment of different AAPI sub-populations are often overlooked because programs and policies are based on aggregated data and the assumption that AAPI's are a monolithic group. The ``model minority myth'' assumption adversely effects AAPI youth, who are perceived as being academically successful and not in need of outreach, academic support systems, or other support services. (5) The ``model minority myth'' and lack of disaggregated data may prevent student services offices from conducting intentional outreach efforts, such as through TRIO programs including Upward Bound and Educational Talent Search, to AAPI students, because they are perceived to not be in need of support. (6) Additionally, disaggregated data indicates that 25.0 percent of Vietnamese Americans, 63.6 percent for Hmong Americans, 42.6 percent of Cambodian Americans, 34.7 percent Laotian Americans, 17.7 percent of Pacific Islander live in poverty. Such socioeconomic disparities within the community are often overlooked, as only 12.6 percent of the total AAPI population lives in poverty. (7) While Asian Americans and Pacific Islanders overall have the highest college graduation rates of any group (44 percent in 2000), certain subgroups have much lower rates of degree attainment. Only 13.8 percent of Vietnamese Americans, 5.8 percent of Laotian Americans, 6.1 percent of Cambodian Americans, and less than 5.1 percent of Hmong Americans had college degrees. Only 13.8 percent of Pacific Islanders had degrees. (8) Certain segments of the AAPI population face numerous barriers to accessing higher education and would benefit from grants and opportunities similar to those that historically Black colleges and universities, Hispanic-serving institutions, Tribally Controlled Colleges and Universities, Alaska Native- serving institutions, and Native Hawaiian-serving institutions receive. The designation of AAPI-serving institution would help institutions of higher education expand their capacity to identify and assist underserved AAPI students. SEC. 2. ASSISTANCE TO ASIAN AMERICAN AND PACIFIC ISLANDER-SERVING INSTITUTIONS. (a) Amendment.--Part A of title III of the Higher Education Act of 1965 is amended by inserting after section 317 (20 U.S.C. 1059d) the following new section: ``SEC. 318. ASIAN AMERICAN AND PACIFIC ISLANDER-SERVING INSTITUTIONS. ``(a) Program Authorized.--The Secretary shall provide grants and related assistance to Asian American and Pacific Islander-serving institutions to enable such institutions to improve and expand their capacity to serve Asian Americans and Pacific Islanders. ``(b) Definitions.--For the purpose of this section-- ``(1) the term `Asian American' has the meaning given the term Asian in the Office of Management and Budget's Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789); ``(2) the term `Pacific Islander' has the meaning given the term `Native Hawaiian' or `Other Pacific Islander' in such Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity; ``(3) the term `Asian American and Pacific Islander-serving institution' means an institution of higher education that-- ``(A) is an eligible institution under section 312(b); and ``(B) at the time of application, has an enrollment of undergraduate students that is at least 10 percent Asian American and Pacific Islander students; and ``(4) the term `low-income individual' means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census. ``(c) Authorized Activities.-- ``(1) Types of activities authorized.--Grants awarded under this section shall be used by Asian American and Pacific Islander-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions' capacity to serve Asian Americans and Pacific Islanders. ``(2) Examples of authorized activities.--Such programs may include-- ``(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; ``(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities; ``(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty's field of instruction; ``(D) curriculum development and academic instruction; ``(E) purchase of library books, periodicals, microfilm, and other educational materials; ``(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management; ``(G) joint use of facilities such as laboratories and libraries; ``(H) academic tutoring and counseling programs and student support services; ``(I) establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue post-secondary education; ``(J) establishing or improving an endowment fund; ``(K) academic instruction in disciplines in which Asian Americans and Pacific Islanders are under- represented; ``(L) conducting research and data collection for Asian American and Pacific Islander populations and sub-populations; and ``(M) establishing partnerships with community based organizations serving Asian Americans and Pacific Islanders. ``(d) Application Process.-- ``(1) Institutional eligibility.--Each Asian American and Pacific Islander-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Asian American and Pacific Islander- serving institution as defined in subsection (b), along with such other information and data as the Secretary may by regulation require. ``(2) Applications.--Any institution which is determined by the Secretary to be an Asian American and Pacific Islander- serving institution may submit an application for assistance under this section to the Secretary. Such application shall include-- ``(A) a 5-year plan for improving the assistance provided by the Asian American and Pacific Islander- serving institution to Asian American and Pacific Islander students; and ``(B) such other information and assurance as the Secretary may require. ``(3) Special rules.-- ``(A) Eligibility.--No Asian American and Pacific Islander-serving institution that receives funds under this section shall concurrently receive funds under other provisions of this part or part B. ``(B) Exemption.--Section 313(d) shall not apply to institutions that are eligible to receive funds under this section. ``(C) Distribution.--In awarding grants under this section, the Secretary shall-- ``(i) to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions; and ``(ii) give priority consideration to institutions that serve a significant percentage of Asian American and Pacific Islander students who are low-income individuals.''. (b) Authorization of Appropriations.--Section 399(a)(1) of such Act (20 U.S.C. 1068h(a)(1)) is amended by adding at the end the following new subparagraph: ``(D) There are authorized to be appropriated to carry out section 318, $30,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Amends the Higher Education Act of 1965 to direct the Secretary of Education to provide grants and related assistance to certain institutions of higher education that have an undergraduate enrollment that is at least 10% Asian American or Pacific Islander, for activities to improve their capacity to serve such students. Requires applicants for such assistance to submit a five-year plan for improving the assistance they provide to such students. Gives priority to eligible institutions that serve a significant percentage of low-income Asian American and Pacific Islander students.

To amend the Higher Education Act of 1965 to authorize grants for institutions of higher education serving Asian Americans and Pacific Islanders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Conscience Protection Act of 2016''. SEC. 2. FINDINGS. Congress finds as follows: (1) Thomas Jefferson stated a conviction common to our Nation's founders when he declared in 1809 that ``[n]o provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority''. (2) In 1973, the Supreme Court concluded that the government must leave the abortion decision ``to the medical judgment of the pregnant woman's attending physician'', recognizing that a physician may choose not to participate in abortion. Roe v. Wade, 410 U.S. 113, 164 (1973). The Court cited with approval a policy that ``neither physician, hospital, nor hospital personnel shall be required to perform any act violative of personally-held moral principles'', 410 U.S. at 143 n. 38, and cited State laws upholding this principle. Doe v. Bolton, 410 U.S. 179, 197-8 (1973). (3) Congress' enactments to protect this right of conscience in health care include the Church amendment of 1973 (42 U.S.C. 300a-7), the Coats/Snowe amendment of 1996 (42 U.S.C. 238n), and the Hyde/Weldon amendment approved by Congresses and Presidents of both parties every year since 2004. (4) None of these laws explicitly provides a ``private right of action'' so victims of discrimination can defend their conscience rights in court, and administrative enforcement by the Department of Health and Human Services Office for Civil Rights has been lax, at times allowing cases to languish for years without resolution. (5) Defying the Federal Hyde/Weldon amendment, California's Department of Managed Health Care has mandated coverage for all elective abortions in all health plans under its jurisdiction. Other States such as New York and Washington have taken or considered similar action, and some States may go further to require all physicians and hospitals to provide or facilitate abortions. (6) Members of Congress have repeatedly questioned U.S. Health and Human Services Secretary Sylvia Burwell about California's ongoing violation which began in August 2014. The Department of Health and Human Services has acknowledged California's violations and indicated that the Department was taking them ``seriously'' and that the matter would be resolved ``expeditiously''. Despite numerous complaints and calls for prompt enforcement of the Hyde/Weldon amendment in California, however, the Department has failed to resolve the matter. (7) The vast majority of medical professionals do not perform abortions, with 86 percent of ob/gyns unwilling to provide them in a recent study (Obstetrics & Gynecology, Sept. 2011) and the great majority of hospitals choosing to do so in rare cases or not at all. Therefore, a policy requiring all health care providers to be involved in abortion could seriously disrupt the health care system, reducing the number and diversity of providers available to serve the basic health needs of American women and men. (8) A health care provider's decision not to participate in an abortion, like Congress' decision not to fund most abortions, erects no new barrier to those seeking to perform or undergo abortions but leaves each party free to act as he or she wishes. (9) Such protection poses no conflict with other Federal laws, such as the law requiring emergency stabilizing treatment for a pregnant woman and her unborn child when either is in distress (Emergency Medical Treatment and Active Labor Act). As the Obama administration has said, these areas of law have operated side by side for many years and both should be fully enforced (76 Fed. Reg. 9968-77 (2011) at 9973). (10) Reaffirming longstanding Federal policy on conscience rights and providing a right of action in cases where it is violated allows longstanding and widely supported Federal laws to work as intended. SEC. 3. GOVERNMENTAL DISCRIMINATION AGAINST PROVIDERS OF HEALTH SERVICES THAT ARE NOT INVOLVED IN ABORTION. Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by inserting after section 245 the following: ``SEC. 245A. GOVERNMENTAL DISCRIMINATION AGAINST PROVIDERS OF HEALTH SERVICES THAT ARE NOT INVOLVED IN ABORTION. ``(a) In General.--Notwithstanding any other law, the Federal Government, and any State or local government that receives Federal financial assistance, may not penalize, retaliate against, or otherwise discriminate against a health care provider on the basis that the provider does not-- ``(1) perform, refer for, pay for, or otherwise participate in abortion; ``(2) provide or sponsor abortion coverage; or ``(3) facilitate or make arrangements for any of the activities specified in this subsection. ``(b) Rule of Construction.--Nothing in this section shall be construed-- ``(1) to prevent any health care provider from voluntarily electing to participate in abortions or abortion referrals; ``(2) to prevent any health care provider from voluntarily electing to provide or sponsor abortion coverage or health benefits coverage that includes abortion; ``(3) to prevent an accrediting agency or a Federal, State or local government from establishing standards of medical competency applicable only to those who have knowingly, voluntarily, and specifically elected to perform abortions, or from enforcing contractual obligations applicable only to those who, as part of such contract, knowingly, voluntarily, and specifically elect to provide abortions; ``(4) to affect, or be affected by, section 1867 of the Social Security Act (42 U.S.C. 1395dd, commonly referred to as the `Emergency Medical Treatment and Active Labor Act'); or ``(5) to supersede any law enacted by any State for the purpose of regulating insurance, except as specified in subsection (a). ``(c) Administration.--The Secretary shall designate the Director of the Office for Civil Rights of the Department of Health and Human Services-- ``(1) to receive complaints alleging a violation of this section, section 245 of this Act, or any of subsections (b) through (e) of section 401 of the Health Programs Extension Act of 1973; and ``(2) to pursue the investigation of such complaints in coordination with the Attorney General. ``(d) Definitions.--For purposes of this section: ``(1) Federal financial assistance.--The term `Federal financial assistance' means Federal payments to cover the cost of health care services or benefits, or other Federal payments, grants, or loans to promote or otherwise facilitate health- related activities. ``(2) Health care provider.--The term `health care provider' means-- ``(A) an individual physician or other health professional; ``(B) a hospital, health system, or other health care facility or organization (including a party to a proposed merger or other collaborative arrangement relating to health services, and an entity resulting therefrom); ``(C) a provider-sponsored organization, an accountable care organization, or a health maintenance organization; ``(D) a social services provider that provides or authorizes referrals for health care services; ``(E) a program of training in the health professions or an applicant to or participant in such a program; ``(F) an issuer of health insurance coverage; or ``(G) a group health plan or student health plan, or a sponsor or administrator thereof. ``(3) State or local government that receives federal financial assistance.--The term `State or local government that receives Federal financial assistance' includes every agency and other governmental unit and subdivision of a State or local government, if such State or local government, or any agency or governmental unit or subdivision thereof, receives Federal financial assistance. ``SEC. 245B. CIVIL ACTION FOR CERTAIN VIOLATIONS. ``(a) In General.--A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. ``(b) Definitions.--For purposes of this section: ``(1) Qualified party.--The term `qualified party' means-- ``(A) the Attorney General of the United States; or ``(B) any person or entity adversely affected by the designated violation. ``(2) Designated violation.--The term `designated violation' means an actual or threatened violation of-- ``(A) section 245 or 245A of this Act; or ``(B) any of subsections (b) through (e) of section 401 of the Health Programs Extension Act of 1973 regarding an objection to abortion. ``(c) Administrative Remedies Not Required.--An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted available administrative remedies. ``(d) Defendants in Actions Under This Section May Include Governmental Entities as Well as Others.-- ``(1) In general.--An action under this section may be maintained against, among others, a party that is a Federal or State governmental entity. Relief in an action under this section may include money damages even if the defendant is such a governmental entity. ``(2) Definition.--For the purposes of this subsection, the term `State governmental entity' means a State, a local government within a State, and any agency or other governmental unit or subdivision of a State or of such a local government. ``(e) Nature of Relief.--In an action under this section, the court shall grant-- ``(1) all necessary equitable and legal relief, including, where appropriate, declaratory relief and compensatory damages, to prevent the occurrence, continuance, or repetition of the designated violation and to compensate for losses resulting from the designated violation; and ``(2) to a prevailing plaintiff, reasonable attorneys' fees and litigation expenses as part of the costs.''.

Conscience Protection Act of 2016 This bill amends the Public Health Service Act to codify the prohibition against the federal government and state and local governments that receive federal financial assistance for health-related activities penalizing or discriminating against a health care provider based on the provider's refusal to be involved in, or provide coverage for, abortion. Health care providers include health care professionals, health care facilities, social services providers, health care professional training programs, and health insurers. The Office for Civil Rights of the Department of Health and Human Services, in coordination with the Department of Justice (DOJ), must investigate complaints alleging discrimination based on an individual's religious belief, moral conviction, or refusal to be involved in an abortion. DOJ or any entity adversely affected by such discrimination may obtain equitable or legal relief in a civil action. Administrative remedies do not need to be sought or exhausted prior to commencing an action or granting relief. Such an action may be brought against a governmental entity.

Conscience Protection Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heart Disease Education, Analysis Research, and Treatment for Women Act'' or the ``HEART for Women Act''. SEC. 2. REPORTING OF DATA IN APPLICATIONS FOR DRUGS, BIOLOGICS, AND DEVICES. (a) Drugs.-- (1) New drug applications.--Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)) is amended-- (A) in paragraph (1), in the second sentence-- (i) by striking ``drug, and (G)'' and inserting ``drug; (G)''; and (ii) by inserting before the period the following: ``; and (H) the information required under paragraph (7)''; and (B) by adding at the end the following: ``(7)(A) With respect to clinical data in an application under this subsection, the Secretary may deny such an application if the application fails to meet the requirements of sections 314.50(d)(5)(v) and 314.50(d)(5)(vi)(a) of title 21, Code of Federal Regulations. ``(B) The Secretary shall modify the sections referred to in subparagraph (A) to require that an application under this subsection include any clinical data possessed by the applicant that relates to the safety or effectiveness of the drug involved by gender, age, and racial subgroup. ``(C) Promptly after approving an application under this subsection, the Secretary shall, through an Internet site of the Department of Health and Human Services, make available to the public the information submitted to the Secretary pursuant to subparagraphs (A) and (B), subject to sections 301(j) and 520(h)(4) of this Act, subsection (b)(4) of section 552 of title 5, United States Code (commonly referred to as the `Freedom of Information Act'), and other provisions of law that relate to trade secrets or confidential commercial information. ``(D) The Secretary shall develop guidance for staff of the Food and Drug Administration to ensure that applications under this subsection are adequately reviewed to determine whether the applications include the information required pursuant to subparagraphs (A) and (B).''. (2) Investigational new drug applications.--Section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) is amended-- (A) in paragraph (2), by striking ``Subject to paragraph (3),'' and inserting ``Subject to paragraphs (3) and (5),'' ; and (B) by adding at the end the following: ``(5)(A) The Secretary may place a clinical hold (as described in paragraph (3)) on an investigation if the sponsor of the investigation fails to meet the requirements of section 312.33(a) of title 21, Code of Federal Regulations. ``(B) The Secretary shall modify the section referred to in subparagraph (A) to require that reports under such section include any clinical data possessed by the sponsor of the investigation that relates to the safety or effectiveness of the drug involved by gender, age, and racial subgroup.''. (b) Biologics License Applications.--Section 351 of the Public Health Service Act (42 U.S.C. 262) is amended by adding at the end the following: ``(k) The provisions of section 505(b)(7) of the Federal Food, Drug, and Cosmetic Act (relating to clinical data submission) apply with respect to an application under subsection (a) of this section to the same extent and in the same manner as such provisions apply with respect to an application under section 505(b) of such Act.''. (c) Devices.-- (1) Premarket approval.--Section 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360e) is amended-- (A) in subsection (c)(1)-- (i) in subparagraph (G)-- (I) by moving the margin 2 ems to the left; and (II) by striking ``and'' after the semicolon at the end; (ii) by redesignating subparagraph (H) as subparagraph (I); and (iii) by inserting after subparagraph (G) the following subparagraph: ``(H) the information required under subsection (d)(7); and''; and (B) in subsection (d), by adding at the end the following paragraph: ``(7) To the extent consistent with the regulation of devices, the provisions of section 505(b)(7) (relating to clinical data submission) apply with respect to an application for premarket approval of a device under subsection (c) of this section to the same extent and in the same manner as such provisions apply with respect to an application for premarket approval of a drug under section 505(b).''. (2) Investigational devices.--Section 520(g)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)(2)) is amended by adding at the end the following subparagraph: ``(D) To the extent consistent with the regulation of devices, the provisions of section 505(i)(5) (relating to individual study information) apply with respect to an application for an exemption pursuant to subparagraph (A) of this paragraph to the same extent and in the same manner as such provisions apply with respect to an application for an exemption under section 505(i).''. (d) Rules of Construction.--This Act and the amendments made by this Act may not be construed-- (1) as establishing new requirements under the Federal Food, Drug, and Cosmetic Act relating to the design of clinical investigations that were not otherwise in effect on the day before the date of the enactment of this Act; or (2) as having any effect on the authority of the Secretary of Health and Human Services to enforce regulations under the Federal Food, Drug, and Cosmetic Act that are not expressly referenced in this Act or the amendments made by this Act. (e) Application.--This section and the amendments made by this section apply only with respect to applications received under section 505 or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360e) or section 351 of the Public Health Service Act (42 U.S.C. 262) on or after the date of the enactment of this Act. SEC. 3. REPORTING AND ANALYSIS OF PATIENT SAFETY DATA. (a) Data Standards.--Section 923(b) of the Public Health Service Act (42 U.S.C. 299b-23(b)) is amended by adding at the end the following: ``The Secretary shall provide that all nonidentifiable patient safety work product reported to and among the network of patient safety databases be stratified by sex.''. (b) Use of Information.--Section 923(c) of the Public Health Service Act (42 U.S.C. 299b-23(c)) is amended by adding at the end the following: ``Such analyses take into account data that specifically relates to women and any disparities between treatment and the quality of care between males and females.''. SEC. 4. QUALITY OF CARE REPORTS BY THE AGENCY FOR HEALTHCARE RESEARCH AND QUALITY. Section 903 of the Public Health Service Act (42 U.S.C. 299a-1) is amended-- (1) in subsection (b)(1)(B), by inserting before the semicolon the following: ``, and including quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases''; and (2) in subsection (c), by adding at the end the following: ``(4) Annual report on women and heart disease.--Not later than September 30, 2011, and annually thereafter, the Secretary, acting through the Director, shall prepare and submit to Congress a report concerning the findings related to the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases. The report shall contain recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women.''. SEC. 5. EDUCATIONAL CAMPAIGNS. (a) Distribution of Educational Material.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall develop and distribute to females who are age 65 or older, physicians, and other appropriate healthcare professionals, educational materials relating to the prevention, diagnosis, and treatment of heart disease, stroke, and cardiovascular diseases in women. The Secretary may carry out this subsection through contracts with public and private nonprofit entities. (b) Healthcare Professional Educational Campaign.--The Secretary, acting through the Bureau of Health Professions of the Health Resources and Services Administration, shall conduct an education and awareness campaign for physicians and other healthcare professionals relating to the prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women. The Bureau of Health Professions may carry out this subsection through contracts with public and private nonprofit entities. SEC. 6. EXTENSION OF WISEWOMAN PROGRAM. Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a) is amended-- (1) in subsection (a)-- (A) by striking the heading and inserting ``In General.--''; and (B) in the matter preceding paragraph (1), by striking ``may make grants'' and all that follows through ``purpose'' and inserting the following: ``may make grants to such States for the purpose''; and (2) in subsection (d)(1), by striking ``there are authorized'' and all that follows through the period and inserting ``there are authorized to be appropriated $70,000,000 for fiscal year 2010, $73,500,000 for fiscal year 2011, $77,000,000 for fiscal year 2012, $81,000,000 for fiscal year 2013, and $85,000,000 for fiscal year 2014.''.

Heart Disease Education, Analysis Research, and Treatment for Women Act or the HEART for Women Act - Amends the Federal Food, Drug, and Cosmetic Act to allow the Secretary of Health and Human Services to deny a new drug application if the application fails to include required information on clinical investigations. Directs the Secretary to: (1) require that a new drug application include any clinical data possessed by the applicant that relates to the safety and effectiveness of the drug involved by gender, age, and racial subgroup; and (2) develop guidance for the staff of the Food and Drug Administration (FDA) to ensure that new drug applications are adequately reviewed to determine whether they include the required clinical data. Authorizes the Secretary to place a clinical hold on an investigation under an investigational new drug application if the sponsor of the investigation fails to meet the requirements of an annual report on the status of each study in progress. Applies provisions relating to clinical data submission for new drug applications to applications for an investigational new drug, a biologics license for a biological product, premarket approval for a class III device, and investigational use of a device. Amends the Public Health Service Act to require the Secretary to provide that all nonidentifiable patient safety work product reported to and among the network of patient safety databases be identified by sex. Directs that analyses of statistics of information reported to the network of patient safety databases take into account data that specifically relates to women and any disparities between treatment and the quality of care between males and females. Requires the Director of the Agency for Healthcare Research and Quality to support research and demonstrations to identify and evaluate clinical and organizational strategies to improve the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases. Requires the Secretary to: (1) distribute to females age 65 or older and appropriate health care professionals educational materials relating to the prevention diagnosis and treatment of heart disease, stroke, and cardiovascular diseases in women; and (2) conduct an education and awareness campaign for health care professionals relating to such diagnosis and treatment. Expands the grant program authorizing the Secretary to award grants for preventive health services to all states.

A bill to amend the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to improve the prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anticounterfeiting Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) American innovation, and the protection of that innovation by the government, has been a critical component of the economic growth of this Nation throughout the history of the Nation; (2) copyright-based industries represent one of the most valuable economic assets of this country, contributing over 5 percent of the gross domestic product of the United States and creating significant job growth and tax revenues; (3) the American intellectual property sector employs approximately 4,300,000 people, representing over 3 percent of total United States employment; (4) the proliferation of organized criminal counterfeiting enterprises threatens the economic growth of United States copyright industries; (5) the American intellectual property sector has invested millions of dollars to develop highly sophisticated authentication features that assist consumers and law enforcement in distinguishing genuine intellectual property products and packaging from counterfeits; (6) in order to thwart these industry efforts, counterfeiters traffic in, and tamper with, genuine authentication features, for example, by obtaining genuine authentication features through illicit means and then commingling these features with counterfeit software or packaging; (7) Federal law does not provide adequate civil and criminal remedies to combat tampering activities that directly facilitate counterfeiting crimes; and (8) in order to strengthen Federal enforcement against counterfeiting of copyrighted works, Congress must enact legislation that-- (A) prohibits trafficking in, and tampering with, authentication features of copyrighted works; and (B) permits aggrieved parties an appropriate civil cause of action. SEC. 3. PROHIBITION AGAINST TRAFFICKING IN ILLICIT AUTHENTICATION FEATURES. (a) In General.--Section 2318 of title 18, United States Code, is amended-- (1) by striking the heading and inserting ``Trafficking in counterfeit labels, illicit authentication features, or counterfeit documentation or packaging''; (2) by striking subsection (a) and inserting the following: ``(a) Whoever, in any of the circumstances described in subsection (c), knowingly traffics in-- ``(1) a counterfeit label affixed to, or designed to be affixed to-- ``(A) a phonorecord; ``(B) a copy of a computer program; ``(C) a copy of a motion picture or other audiovisual work; or ``(D) documentation or packaging; ``(2) an illicit authentication feature affixed to or embedded in, or designed to be affixed to or embedded in-- ``(A) a phonorecord; ``(B) a copy of a computer program; ``(C) a copy of a motion picture or other audiovisual work; or ``(D) documentation or packaging; or ``(3) counterfeit documentation or packaging, shall be fined under this title or imprisoned for not more than 5 years, or both.''; (3) in subsection (b)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3)-- (i) by striking ``and `audiovisual work' have'' and inserting the following: ``, `audiovisual work', and `copyright owner' have''; and (ii) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(4) the term `authentication feature' means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other physical feature that either individually or in combination with another feature is used by the respective copyright owner to verify that a phonorecord, a copy of a computer program, a copy of a motion picture or other audiovisual work, or documentation or packaging is not counterfeit or otherwise infringing of any copyright; ``(5) the term `documentation or packaging' means documentation or packaging for a phonorecord, copy of a computer program, or copy of a motion picture or other audiovisual work; and ``(6) the term `illicit authentication feature' means an authentication feature, that-- ``(A) without the authorization of the respective copyright owner has been tampered with or altered so as to facilitate the reproduction or distribution of-- ``(i) a phonorecord; ``(ii) a copy of a computer program; ``(iii) a copy of a motion picture or other audiovisual work; or ``(iv) documentation or packaging; in violation of the rights of the copyright owner under title 17; ``(B) is genuine, but has been distributed, or is intended for distribution, without the authorization of the respective copyright owner; or ``(C) appears to be genuine, but is not.''; (4) in subsection (c)-- (A) by striking paragraph (3) and inserting the following: ``(3) the counterfeit label or illicit authentication feature is affixed to, is embedded in, or encloses, or is designed to be affixed to, to be embedded in, or to enclose-- ``(A) a phonorecord of a copyrighted sound recording; ``(B) a copy of a copyrighted computer program; ``(C) a copy of a copyrighted motion picture or other audiovisual work; or ``(D) documentation or packaging; or''; and (B) in paragraph (4), by striking ``for a computer program''; (5) in subsection (d)-- (A) by inserting ``or illicit authentication features'' after ``counterfeit labels'' each place it appears; (B) by inserting ``or illicit authentication features'' after ``such labels''; and (C) by inserting before the period at the end the following: ``, and of any equipment, device, or materials used to manufacture, reproduce, or assemble the counterfeit labels or illicit authentication features''; and (6) by adding at the end the following: ``(f) Civil Remedies for Violation.-- ``(1) In general.--Any copyright owner who is injured by a violation of this section or is threatened with injury, may bring a civil action in an appropriate United States district court. ``(2) Discretion of court.--In any action brought under paragraph (1), the court-- ``(A) may grant 1 or more temporary or permanent injunctions on such terms as the court determines to be reasonable to prevent or restrain violations of this section; ``(B) at any time while the action is pending, may order the impounding, on such terms as the court determines to be reasonable, of any article that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation of this section; and ``(C) may award to the injured party-- ``(i) reasonable attorney fees and costs; and ``(ii)(I) actual damages and any additional profits of the violator, as provided by paragraph (3); or ``(II) statutory damages, as provided by paragraph (4). ``(3) Actual damages and profits.-- ``(A) In general.--The injured party is entitled to recover-- ``(i) the actual damages suffered by the injured party as a result of a violation of this section, as provided by subparagraph (B); and ``(ii) any profits of the violator that are attributable to a violation of this section and are not taken into account in computing the actual damages. ``(B) Calculation of damages.--The court shall calculate actual damages by multiplying-- ``(i) the value of the phonorecords or copies to which counterfeit labels, illicit authentication features, or counterfeit documentation or packaging were affixed or embedded, or designed to be affixed or embedded; by ``(ii) the number of phonorecords or copies to which counterfeit labels, illicit authentication features, or counterfeit documentation or packaging were affixed or embedded, or designed to be affixed or embedded, unless such calculation would underestimate the actual harm suffered by the copyright owner. ``(C) Definition.--For purposes of this paragraph, the term `value of the phonorecord or copy' means-- ``(i) the retail value of an authorized phonorecord of a copyrighted sound recording; ``(ii) the retail value of an authorized copy of a copyrighted computer program; or ``(iii) the retail value of a copy of a copyrighted motion picture or other audiovisual work. ``(4) Statutory damages.--The injured party may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for each violation of this section in a sum of not less than $2,500 or more than $25,000, as the court considers appropriate. ``(5) Subsequent violation.--The court may increase an award of damages under this subsection by 3 times the amount that would otherwise be awarded, as the court considers appropriate, if the court finds that a person has subsequently violated this section within 3 years after a final judgment was entered against that person for a violation of this section. ``(6) Limitation on actions.--A civil action may not be commenced under this section unless it is commenced within 3 years after the date on which the claimant discovers the violation. ``(g) Other Rights Not Affected.--Nothing in this section shall enlarge, diminish, or otherwise affect liability under section 1201 or 1202 of title 17.''. (b) Technical and Conforming Amendment.--The item relating to section 2318 in the table of sections at the beginning of chapter 113 of title 18, United States Code, is amended by inserting ``or illicit authentication features'' after ``counterfeit labels''. Passed the Senate December 8, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 2227 _______________________________________________________________________ AN ACT To prevent and punish counterfeiting and copyright piracy, and for other purposes.

Anticounterfeiting Act of 2004 - Amends the Federal criminal code to prohibit trafficking in an "illicit authentication feature." Defines that term to mean an authentication feature that: (1) has been tampered with or altered without authorization so as to facilitate the reproduction or distribution of a phono-record, a copy of a computer program, motion picture or other audiovisual work, or documentation or packaging, in violation of the rights of the copyright owner; (2) is genuine, but has been distributed or is intended for distribution without authorization; or (3) appears to be genuine but is not. Authorizes a copyright owner who is injured by a violation of this Act or is threatened with injury to bring a civil action in an appropriate U.S. district court. Allows the court to: (1) grant temporary or permanent injunctions to prevent or restrain violations; (2) order the impounding of an article in the custody or control of the alleged violator that the court has reasonable cause to believe was involved in a violation; and (3) award to the injured party reasonable attorney fees and costs, actual damages and any additional profits of the violator, or statutory damages. Authorizes: (1) the injured party to elect to recover, instead of actual damages and profits, an award of statutory damages of between $2,500 and $25,000 for each violation; and (2) the court to increase a damage award by three times the amount that would otherwise be awarded upon finding that a person has violated this Act within three years after a final judgment was entered for a previous violation. Sets a three-year statute of limitations from discovery of the violation.

A bill to prevent and punish counterfeiting and copyright piracy, and for other purposes.

SECTION 1. ASSISTANCE TO ASIAN AMERICAN AND PACIFIC ISLANDER SERVING INSTITUTIONS. (a) Amendment.--Part A of title III of the Higher Education Act of 1965 is amended by inserting after section 317 (20 U.S.C. 1059d) the following new section: ``SEC. 318. ASIAN AMERICAN AND PACIFIC ISLANDER SERVING INSTITUTIONS. ``(a) Program Authorized.--The Secretary shall provide grants and related assistance to Asian American and Pacific Islander-serving institutions to enable such institutions to improve and expand their capacity to serve Asian Americans and Pacific Islanders. ``(b) Definitions.--For the purpose of this section-- ``(1) the term `Asian American' has the meaning given the term Asian in the Office of Management and Budget's Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity as published on October 30, 1997 (62 Fed. Reg. 58789); ``(2) the term `Pacific Islander' has the meaning given the term `Native Hawaiian' or `Other Pacific Islander' in such Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity; ``(3) the term `Asian American and Pacific Islander-serving institution' means an institution of higher education that-- ``(A) is an eligible institution under section 312(b); and ``(B) at the time of application, has an enrollment of undergraduate students that is at least 10 percent Asian American and Pacific Islander students; and ``(4) the term `low-income individual' means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census. ``(c) Authorized Activities.-- ``(1) Types of activities authorized.--Grants awarded under this section shall be used by Asian American and Pacific Islander-serving institutions to assist such institutions to plan, develop, undertake, and carry out activities to improve and expand such institutions' capacity to serve Asian Americans and Pacific Islanders. ``(2) Examples of authorized activities.--Such programs may include-- ``(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; ``(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities; ``(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in the faculty's field of instruction; ``(D) curriculum development and academic instruction; ``(E) purchase of library books, periodicals, microfilm, and other educational materials; ``(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management; ``(G) joint use of facilities such as laboratories and libraries; ``(H) academic tutoring and counseling programs and student support services; ``(I) establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue post-secondary education; ``(J) establishing or improving an endowment fund; ``(K) academic instruction in disciplines in which Asian Americans and Pacific Islanders are under- represented; ``(L) conducting research and data collection for Asian American and Pacific Islander populations and sub-populations; and ``(M) establishing partnerships with community based organizations serving Asian Americans and Pacific Islanders. ``(d) Application Process.-- ``(1) Institutional eligibility.--Each Asian American and Pacific Islander-serving institution desiring to receive assistance under this section shall submit to the Secretary such enrollment data as may be necessary to demonstrate that the institution is an Asian American and Pacific Islander- serving institution as defined in subsection (b), along with such other information and data as the Secretary may by regulation require. ``(2) Applications.--Any institution which is determined by the Secretary to be an Asian American and Pacific Islander- serving institution may submit an application for assistance under this section to the Secretary. Such application shall include-- ``(A) a 5-year plan for improving the assistance provided by the Asian American and Pacific Islander- serving institution to Asian American and Pacific Islander students; and ``(B) such other information and assurance as the Secretary may require. ``(3) Special rules.-- ``(A) Eligibility.--No Asian American and Pacific Islander-serving institution that receives funds under this section shall concurrently receive funds under other provisions of this part or part B. ``(B) Exemption.--Section 313(d) shall not apply to institutions that are eligible to receive funds under this section. ``(C) Distribution.--In awarding grants under this section, the Secretary shall-- ``(i) to the extent possible and consistent with the competitive process under which such grants are awarded, ensure maximum and equitable distribution among all eligible institutions; and ``(ii) give priority consideration to institutions that serve a significant percentage of Asian American and Pacific Islander students who are low-income individuals.''. (b) Authorization of Appropriations.--Section 399(a)(1) of such Act (20 U.S.C. 1068h(a)(1)) is amended by adding at the end the following new subparagraph: ``(D) There are authorized to be appropriated to carry out section 318, $30,000,000 for fiscal year 2003 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Amends the Higher Education Act of 1965 title III part A (Strengthening Institutions) to direct the Secretary of Education to provide grants and related assistance to certain institutions of higher education for activities to improve their capacity to serve students who are Asian Americans and Pacific Islanders. Gives priority to eligible institutions with a significant percentage of enrollment made up of such students who are low-income individuals.

To amend the Higher Education Act of 1965 to authorize grants for institutions of higher education serving Asian Americans and Pacific Islanders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadcast Ownership for the 21st Century Act''. SEC. 2. REVISION OF DUOPOLY RULES. Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following new section: ``SEC. 338. REVISION OF DUOPOLY RULES. ``(a) Limitation on Duopoly Rules.--The Commission shall not prohibit a person or entity directly from owning, operating, or controlling or having a cognizable interest in-- ``(1) two stations with overlapping coverage contours if each station is located in a separate television market, or ``(2) two television stations within the same television market, if at least one of such stations is a UHF television station. ``(b) Protection of Existing Local Marketing Agreements.--All local marketing or time brokerage agreements between two broadcast television stations, located in the same television market, that were signed prior to the date of enactment of the Broadcast Ownership for the 21st Century Act, shall be exempt from the television duopoly rule. The Commission shall take no action that impairs the renewability or transferability (or both) of these arrangements by either the parties or their successors or assigns. ``(c) VHF Stations.--The Commission, in unusual and compelling circumstances, may permit a person or entity to directly or indirectly own, operate, or control or have a cognizable interest in, two VHF television stations within the same television market, if the applicant demonstrates to the satisfaction of the Commission that permitting such ownership, operation, or control will not significantly harm competition and will not significantly harm the preservation of a diversity of media voices in the local television market.''. SEC. 3. CROSS-OWNERSHIP LIMITATIONS. (a) Rule Changes Required.--The Federal Communications Commission shall modify section 73.3555 of its regulations (47 C.F.R. 73.3555)-- (1) by eliminating any provisions limiting the granting or renewal of an AM, FM, or TV broadcast station license to any party (including parties under common control) on the basis of the ownership, operation, or control by such party of a daily newspaper; and (2) by eliminating the one-to-a-market rule in section 73.3555(c) of such regulations. (b) Preservation of Cognizable Interest Rule.--In modifying such section 73.3555 of its regulations, the Commission shall not treat a minority voting stock interest as a cognizable interest if there is a single holder of more than 50 percent of the outstanding voting stock of the corporate broadcast licensee, cable television system, or daily newspaper in which the minority interest is held. (c) Cable Cross-Ownership Limitations.--Section 613(c) of the Communications Act of 1934 (47 U.S.C. 533(c)) is amended-- (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following new paragraph: ``(2) Notwithstanding paragraph (1), the Commission may not prohibit or limit a person or entity from holding any form of ownership or other interest in a broadcasting station and a cable system serving the same community.''. (d) Dual-Network Rules.--The Federal Communications Commission shall revise section 73.658(g) of its regulations (47 C.F.R. 73.658(g)) to permit a television broadcast station to affiliate with-- ``(1) a person or entity that maintains two or more networks of television broadcast stations unless such dual or multiple networks are composed of two or more persons or entities that, on February 8, 1996, offered an interconnected program service on a regular basis for 15 hours or more per week to at least 25 affiliated television licensees in 10 or more States; or ``(2) any person or entity controlling, controlled by, or under common control with such a person or entity described in paragraph (1). (e) Deadline for Actions.--The Federal Communications Commission shall complete all actions necessary to complete the modifications required by this section within 90 days after the date of enactment of this Act. SEC. 4. LIMITATION ON FEDERAL COMMUNICATIONS COMMISSION AUTHORITY. (a) Amendment.--Section 202(c)(1)(B) of the Telecommunications Act of 1996 is amended by striking ``35 percent'' and inserting ``45 percent''. (b) Deadline for Implementation.--The Federal Communications Commission shall amend its regulations to implement the amendment made by subsection (a) within 90 days after the date of enactment of this Act. In amending such regulations, the Commission shall not revise section 73.3555(e)(2)(i) of its regulations (47 C.F.R. 73.3555(e)(2)(i)). SEC. 5. RECIPROCAL TREATMENT OF FOREIGN OWNERSHIP RESTRICTIONS. Subsection (b) of section 310 of the Communications Act of 1934 (47 U.S.C. 310(b)) is amended to read as follows: ``(b) Foreign Ownership Limitations.-- ``(1) In general.--No broadcast or common carrier or aeronautical en route or aeronautical fixed radio station license shall be granted to or held by-- ``(A) any alien or the representative of any alien; ``(B) any corporation organized under the laws of any foreign country; ``(C) any corporation of which more than one-fifth of any class of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country; ``(D) any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of any class of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public interest will be served by the refusal or revocation of such license. ``(2) Reciprocal treatment for broadcast stations.--In the case of a broadcast station license, if the foreign country or foreign government referred to in subparagraph (C) or (D) of paragraph of (1) regularly permits broadcast station licenses to be granted to or held by-- ``(A) any corporation of which more than one-fifth of the capital stock is owned of record or voted by one or more United States persons; ``(B) any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by one or more United States persons; then the Commission shall apply such subparagraphs (C) and (D) by permitting an alien, corporation, government, or representative from such foreign country to own a portion of the class of the capital stock of the corporation seeking or holding the broadcast station license equal to the portion of the corresponding class of the capital stock of a corporation holding a broadcast station license in such foreign country that are permitted by such foreign country or foreign government to be held by an individual citizen, corporation, government, or representative from the United States, except that the Commission shall not be required by this paragraph to permit a portion of such capital stock ownership representing voting stock higher than 40 percent. ``(3) Definition of united states persons.--For purposes of paragraph (2), the term `United States person' means-- ``(A) any corporation organized under the laws of a State; ``(B) an individual who is a citizen of the United States; ``(C) a government of the United States or any State; or ``(D) a representative of any of the individuals or entities described in subparagraphs (A) through (C) of this paragraph.''.

Broadcast Ownership for the 21st Century Act - Amends the Communications Act of 1934 to mandate that the Federal Communications Commission (FCC) shall not prohibit a person or entity directly from owning, operating, controlling, or having a cognizable interest in: (1) two television (TV) stations with overlapping coverage areas if each station is located in a separate TV market; or (2) two TV stations within the same market, if at least one of such stations is a UHF TV station. Provides for: (1) protection of existing local marketing agreements between two broadcast TV stations within the same market; and (2) FCC authority to permit an entity to own or operate two VHF stations within the same market, under certain circumstances. Directs the FCC to modify current cross-ownership limitations by eliminating: (1) provisions limiting the granting or renewal of an AM, FM, or TV broadcast station license to any party on the basis of the ownership, operation, or control of a daily newspaper; and (2) the one-to-a-market rule. Disallows the FCC to prohibit or limit a person or entity from holding any form of ownership or other interest in a broadcast station and a cable system serving the same community. Directs the FCC to permit a TV broadcast station to affiliate with a person or entity that maintains two or more networks of TV broadcast stations, with a limited exception. Amends the Telecommunications Act of 1996 to direct the FCC to modify its rules for multiple ownership of TV broadcast stations to increase to 45 (currently 35) percent the national audience reach limitations for TV stations owned by the same entity or person. Revises provisions prohibiting the granting of radio station licenses to aliens or foreign entities to allow the granting of such a license to the same manner and extent to which such alien's or entity's country allows the granting of such a license to a U.S. person or entity.

Broadcast Ownership for the 21st Century Act

OF DISPUTES AND CLAIMS. (a) Relinquishment, Extinguishment, and Compromise of Santo Domingo Claims.-- (1) Extinguishment.-- (A) In general.--Subject to paragraph (2), in consideration of the benefits provided under this Act, and in accordance with the Settlement Agreement pursuant to which the Pueblo has agreed to relinquish and compromise certain claims, the Pueblo's land and trespass claims described in subparagraph (B) are hereby extinguished, effective as of the date specified in paragraph (5). (B) Claims.--The claims described in this subparagraph are the following: (i) With respect to the Pueblo's claims against the United States, its agencies, officers, and instrumentalities, all claims to land, whether based on aboriginal or recognized title, and all claims for damages or other judicial relief or for administrative remedies pertaining in any way to the Pueblo's land, such as boundary, trespass, and mismanagement claims, including any claim related to-- (I) any federally administered lands, including National Forest System lands designated in the Settlement Agreement for possible sale or exchange to the Pueblo; (II) any lands owned or held for the benefit of any Indian tribe other than the Pueblo; and (III) all claims which were, or could have been brought against the United States in docket No. 355, pending in the United States Court of Federal Claims. (ii) With respect to the Pueblo's claims against persons, the State of New Mexico and its subdivisions, and Indian tribes other than the Pueblo, all claims to land, whether based on aboriginal or recognized title, and all claims for damages or other judicial relief or for administrative remedies pertaining in any way to the Pueblo's land, such as boundary and trespass claims. (iii) All claims listed on pages 13894-13895 of volume 48 of the Federal Register, published on March 31, 1983, except for claims numbered 002 and 004. (2) Rule of construction.--Nothing in this Act (including paragraph (1)) shall be construed-- (A) to in any way effectuate an extinguishment of or otherwise impair-- (i) the Pueblo's title to lands acquired by or for the benefit of the Pueblo since December 28, 1927, or in a tract of land of approximately 150.14 acres known as the ``sliver area'' and described on a plat which is appendix H to the Settlement Agreement; (ii) the Pueblo's title to land within the Santo Domingo Pueblo Grant which the Pueblo Lands Board found not to have been extinguished; or (iii) the Pueblo's water rights appurtenant to the lands described in clauses (i) and (ii); and (B) to expand, reduce, or otherwise impair any rights which the Pueblo or its members may have under existing Federal statutes concerning religious and cultural access to and uses of the public lands. (3) Confirmation of determination.--The Pueblo Lands Board's determination on page 1 of its Report of December 28, 1927, that Santo Domingo Pueblo title, derived from the Santo Domingo Pueblo Grant to the lands overlapped by the La Majada, Sitio de Juana Lopez and Mesita de Juana Lopez Grants has been extinguished is hereby confirmed as of the date of that Report. (4) Transfers prior to enactment.-- (A) In general.--In accordance with the Settlement Agreement, any transfer of land or natural resources, prior to the date of enactment of this Act, located anywhere within the United States from, by, or on behalf of the Pueblo, or any of the Pueblo's members, shall be deemed to have been made in accordance with the Act of June 30, 1834 (4 Stat. 729; commonly referred to as the Trade and Intercourse Act), section 17 of the Act of June 7, 1924 (43 Stat. 641; commonly referred to as the Pueblo Lands Act), and any other provision of Federal law that specifically applies to transfers of land or natural resources from, by, or on behalf of an Indian tribe, and such transfers shall be deemed to be ratified effective as of the date of the transfer. (B) Rule of construction.--Nothing in subparagraph (A) shall be construed to affect or eliminate the personal claim of any individual Indian which is pursued under any law of general applicability that protects non-Indians as well as Indians. (5) Effective date.--The provisions of paragraphs (1), (3), and (4) shall take effect upon the entry of a compromise final judgment, in a form and manner acceptable to the Attorney General, in the amount of $8,000,000 in the case of Pueblo of Santo Domingo v. United States (Indian Claims Commission docket No. 355). The judgment so entered shall be paid from funds appropriated pursuant to section 1304 of title 31, United States Code. (b) Trust Funds; Authorization of Appropriations.-- (1) Establishment.--There is hereby established in the Treasury a trust fund to be known as the ``Pueblo of Santo Domingo Land Claims Settlement Fund''. Funds deposited in the Fund shall be subject to the following conditions: (A) The Fund shall be maintained and invested by the Secretary of the Interior pursuant to the Act of June 24, 1938 (25 U.S.C. 162a). (B) Subject to the provisions of paragraph (3), monies deposited into the Fund may be expended by the Pueblo to acquire lands within the exterior boundaries of the exclusive aboriginal occupancy area of the Pueblo, as described in the Findings of Fact of the Indian Claims Commission, dated May 9, 1973, and for use for education, economic development, youth and elderly programs, or for other tribal purposes in accordance with plans and budgets developed and approved by the Tribal Council of the Pueblo and approved by the Secretary. (C) If the Pueblo withdraws monies from the Fund, neither the Secretary nor the Secretary of the Treasury shall retain any oversight over or liability for the accounting, disbursement, or investment of such withdrawn monies. (D) No portion of the monies described in subparagraph (C) may be paid to Pueblo members on a per capita basis. (E) The acquisition of lands with monies from the Fund shall be on a willing-seller, willing-buyer basis, and no eminent domain authority may be exercised for purposes of acquiring lands for the benefit of the Pueblo pursuant to this Act. (F) The provisions of Public Law 93-134, governing the distribution of Indian claims judgment funds, and the plan approval requirements of section 203 of Public Law 103-412 shall not be applicable to the Fund. (2) Authorization of appropriations.--There are authorized to be appropriated $15,000,000 for deposit into the Fund, in accordance with the following schedule: (A) $5,000,000 to be deposited in the fiscal year which commences on October 1, 2001. (B) $5,000,000 to be deposited in the next fiscal year. (C) The balance of the funds to be deposited in the third consecutive fiscal year. (3) Limitation on disbursal.--Amounts authorized to be appropriated to the Fund under paragraph (2) shall not be disbursed until the following conditions are met: (A) The case of Pueblo of Santo Domingo v. Rael (No. CIV- 83-1888) in the United States District Court for the District of New Mexico, has been dismissed with prejudice. (B) A compromise final judgment in the amount of $8,000,000 in the case of Pueblo of Santo Domingo v. United States (Indian Claims Commission docket No. 355) in a form and manner acceptable to the Attorney General, has been entered in the United States Court of Federal Claims in accordance with subsection (a)(5). (4) Deposits.--Funds awarded to the Pueblo consistent with subsection (c)(2) in docket No. 355 of the Indian Claims Commission shall be deposited into the Fund. (c) Activities Upon Compromise.--On the date of the entry of the final compromise judgment in the case of Pueblo of Santo Domingo v. United States (Indian Claims Commission docket No. 355) in the United States Court of Federal Claims, and the dismissal with prejudice of the case of Pueblo of Santo Domingo v. Rael (No. CIV-83-1888) in the United States District Court for the District of New Mexico, whichever occurs later-- (1) the public lands administered by the Bureau of Land Management and described in section 6 of the Settlement Agreement, and consisting of approximately 4,577.10 acres of land, shall thereafter be held by the United States in trust for the benefit of the Pueblo, subject to valid existing rights and rights of public and private access, as provided for in the Settlement Agreement; (2) the Secretary of Agriculture is authorized to sell and convey National Forest System lands and the Pueblo shall have the exclusive right to acquire these lands as provided for in section 7 of the Settlement Agreement, and the funds received by the Secretary of Agriculture for such sales shall be deposited in the fund established under the Act of December 4, 1967 (16 U.S.C. 484a) and shall be available to purchase non-Federal lands within or adjacent to the National Forests in the State of New Mexico; (3) lands conveyed by the Secretary of Agriculture pursuant to this section shall no longer be considered part of the National Forest System and upon any conveyance of National Forest lands, the boundaries of the Santa Fe National Forest shall be deemed modified to exclude such lands; (4) until the National Forest lands are conveyed to the Pueblo pursuant to this section, or until the Pueblo's right to purchase such lands expires pursuant to section 7 of the Settlement Agreement, such lands are withdrawn, subject to valid existing rights, from any new public use or entry under any Federal land law, except for permits not to exceed 1 year, and shall not be identified for any disposition by or for any agency, and no mineral production or harvest of forest products shall be permitted, except that nothing in this subsection shall preclude forest management practices on such lands, including the harvest of timber in the event of fire, disease, or insect infestation; and (5) once the Pueblo has acquired title to the former National Forest System lands, these lands may be conveyed by the Pueblo to the Secretary of the Interior who shall accept and hold such lands in the name of the United States in trust for the benefit of the Pueblo. SEC. 6. AFFIRMATION OF ACCURATE BOUNDARIES OF SANTO DOMINGO PUEBLO GRANT. (a) In General.--The boundaries of the Santo Domingo Pueblo Grant, as determined by the 1907 Hall-Joy Survey, confirmed in the Report of the Pueblo Lands Board, dated December 28, 1927, are hereby declared to be the current boundaries of the Grant and any lands currently owned by or on behalf of the Pueblo within such boundaries, or any lands hereinafter acquired by the Pueblo within the Grant in fee simple absolute, shall be considered to be Indian country within the meaning of section 1151 of title 18, United States Code. (b) Limitation.--Any lands or interests in lands within the Santo Domingo Pueblo Grant, that are not owned or acquired by the Pueblo, shall not be treated as Indian country within the meaning of section 1151 of title 18, United States Code. (c) Acquisition of Federal Lands.--Any Federal lands acquired by the Pueblo pursuant to section 5(c)(1) shall be held in trust by the Secretary for the benefit of the Pueblo, and shall be treated as Indian country within the meaning of section 1151 of title 18, United States Code. (d) Land Subject to Provisions.--Any lands acquired by the Pueblo pursuant to section 5(c), or with funds subject to section 5(b), shall be subject to the provisions of section 17 of the Act of June 7, 1924 (43 Stat. 641; commonly referred to as the Pueblo Lands Act). (e) Rule of Construction.--Nothing in this Act or in the Settlement Agreement shall be construed to-- (1) cloud title to federally administered lands or non-Indian or other Indian lands, with regard to claims of title which are extinguished pursuant to section 5; or (2) affect actions taken prior to the date of enactment of this Act to manage federally administered lands within the boundaries of the Santo Domingo Pueblo Grant. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Extinguishes certain Pueblo land and trespass claims. Sets forth provisions relating to the treatment of land or natural resources transferred by the Pueblo prior to this Act's enactment date and ratifies such transfers. Makes this paragraph effective upon the entry of a compromise final judgment in the case of Pueblo of Santo Domingo v. United States. Establishes the Pueblo of Santo Domingo Land Claims Settlement Fund to be expended by the Pueblo to acquire lands within the exterior boundaries of the exclusive aboriginal occupancy area of the Pueblo and for use for other tribal purposes. Authorizes appropriations. Prohibits disbursal of amounts in the Fund until: (1) the case of Pueblo of Santo Domingo v. Rael has been dismissed with prejudice; and (2) the compromise final judgment described above has been entered in the U.S. Court of Federal Claims. Declares the boundaries of the Santo Domingo Pueblo Grant, as determined by the 1907 Hall-Joy Survey, to be the current boundaries of the Grant and that any lands currently owned or hereafter acquired by the Pueblo within such boundaries or the Grant shall be considered to be Indian country.

Santo Domingo Pueblo Claims Settlement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telemarketing Intrusive Practices Act of 2003''. SEC. 2. DEFINITIONS. In this Act: (1) Caller identification service or device.--The term ``caller identification service or device'' means a telephone service or device that permits a consumer to see the telephone number of an incoming call. (2) Chairman.--The term ``Chairman'' means the Chairman of the Federal Trade Commission. (3) Commission.--The term ``Commission'' means the Federal Trade Commission. (4) Consumer.--The term ``consumer'' means an individual who is an actual or prospective purchaser, lessee, or recipient of consumer goods or services. (5) Consumer goods or services.--The term ``consumer good or service'' means an article or service that is purchased, leased, exchanged, or received primarily for personal, family, or household purposes, including stocks, bonds, mutual funds, annuities, credit cards, and other financial products. (6) Marketing or sales solicitation.-- (A) In general.--The term ``marketing or sales solicitation'' means the initiation of a telephone call or message to encourage the purchase of, rental of, or investment in, property, goods, or services, that is transmitted to a person. (B) Exception.--The term does not include a call or message-- (i) to a person with the prior express invitation or permission of that person; (ii) by a tax-exempt nonprofit organization; (iii) on behalf of a political candidate or political party; or (iv) to promote the success or defeat of a referendum question. (7) State.--The term ``State'' means each of the several States of the United States and the District of Columbia. (8) Telephone sales call.-- (A) In general.--The term ``telephone sales call'' means a call made by a telephone solicitor to a consumer for the purpose of-- (i) engaging in a marketing or sales solicitation, including a solicitation for a new consumer good or service where the consumer and the telephone solicitor had a prior relationship; (ii) soliciting an extension of credit for consumer goods or services; or (iii) obtaining information that will or may be used for the direct marketing or sales solicitation or exchange of or extension of credit for consumer goods or services. (B) Exception.--The term does not include a call made-- (i) in response to an express request of the person called; or (ii) primarily in connection with an existing debt or contract, payment, or performance that has not been completed at the time of the call. (9) Telephone solicitor.--The term ``telephone solicitor'' means an individual, association, corporation, partnership, limited partnership, limited liability company or other business entity, or a subsidiary or affiliate thereof, that does business in the United States and makes or causes to be made a telephone sales call. SEC. 3. FEDERAL TRADE COMMISSION NO CALL LIST. (a) In General.--The Commission shall-- (1) establish and maintain a list for each State, of consumers who request not to receive telephone sales calls; and (2) provide notice to consumers of the establishment of the lists. (b) State Contract.--The Commission may contract with a State to establish and maintain the lists. (c) Private Contract.--The Commission may contract with a private vendor to establish and maintain the lists if the private vendor has maintained a national listing of consumers who request not to receive telephone sales calls, for not less than 2 years, or is otherwise determined by the Commission to be qualified. (d) Consumer Responsibility.-- (1) Inclusion on list.--Except as provided in subsection (d)(2), a consumer who wishes to be included on a list established under subsection (a) shall notify the Commission in such manner as the Chairman may prescribe to maximize the consumer's opportunity to be included on that list. (2) Deletion from list.--Information about a consumer shall be deleted from a list upon the written request of the consumer. (e) Update.--The Commission shall-- (1) update the lists maintained by the Commission not less than quarterly with information the Commission receives from consumers; and (2) annually request a no call list from each State that maintains a no call list and update the lists maintained by the Commission at that time to ensure that the lists maintained by the Commission contain the same information contained in the no call lists maintained by individual States. (f) Fees.--The Commission may charge a reasonable fee for providing a list. (g) Availability.-- (1) In general.--The Commission shall make a list available only to a telephone solicitor. (2) Format.--The list shall be made available in printed or electronic format, or both, at the discretion of the Chairman. SEC. 4. TELEPHONE SOLICITOR NO CALL LIST. (a) In General.--A telephone solicitor shall maintain a list of consumers who request not to receive telephone sales calls from that particular telephone solicitor. (b) Procedure.--If a consumer receives a telephone sales call and requests to be placed on the do not call list of that telephone solicitor, the solicitor shall-- (1) place the consumer on the no call list of the solicitor; and (2) provide the consumer with a confirmation number which shall provide confirmation of the request of the consumer to be placed on the no call list of that telephone solicitor. SEC. 5. TELEPHONE SOLICITATIONS. (a) Telephone Sales Call.--A telephone solicitor may not make or cause to be made a telephone sales call to a consumer-- (1) if the name and telephone number of the consumer appear in the then current quarterly lists made available by the Commission under section 3; (2) if the consumer previously requested to be placed on the do not call list of the telephone solicitor pursuant to section 4; (3) to be received between the hours of nine o'clock p.m. and nine o'clock a.m. and between five o'clock p.m. and seven o'clock p.m., local time, at the location of the consumer; (4) in the form of an electronically transmitted facsimile; or (5) by use of an automated dialing or recorded message device. (b) Caller Identification Device.--A telephone solicitor shall not knowingly use any method to block or otherwise circumvent the use of a caller identification service or device by a consumer. (c) Sale of Consumer Information to Telephone Solicitors.-- (1) In general.--A person who obtains the name, residential address, or telephone number of a consumer from a published telephone directory or from any other source and republishes or compiles that information, electronically or otherwise, and sells or offers to sell that publication or compilation to a telephone solicitor for marketing or sales solicitation purposes, shall exclude from that publication or compilation, and from the database used to prepare that publication or compilation, the name, address, and telephone number of a consumer if the name and telephone number of the consumer appear in the then current quarterly list made available by the Commission under section 3. (2) Exception.--This subsection does not apply to a publisher of a telephone directory when a consumer is called for the sole purpose of compiling, publishing, or distributing a telephone directory intended for use by the general public. SEC. 6. REGULATIONS. The Chairman may adopt regulations to carry out this Act that shall include-- (1) provisions governing the availability and distribution of the lists established under section 3; (2) notice requirements for a consumer who requests to be included on the lists established under section 3; and (3) a schedule for the payment of fees to be paid by a person who requests a list made available under section 3. SEC. 7. CIVIL CAUSE OF ACTION. (a) Action by Commission.-- (1) Unfair or deceptive trade practice.--A violation of section 4 or 5 is an unfair or deceptive trade practice under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Cumulative damages.--In a civil action brought by the Commission under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to recover damages arising from more than one alleged violation, the damages shall be cumulative. (b) Private Right of Action.-- (1) In general.--A person or entity may, if otherwise permitted by the laws or the rules of court of a State, bring in an appropriate court of that State-- (A) an action based on a violation of section 4, 5, or 6 to enjoin the violation; (B) an action to recover for actual monetary loss from a violation of section 4, 5, or 6, or to receive $500 in damages for each violation, whichever is greater; or (C) an action under paragraphs (1) and (2). (2) Willful violation.--If the court finds that the defendant willfully or knowingly violated section 4, 5, or 6, the court may, in the discretion of the court, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (1)(B) of this subsection and to include reasonable attorney's fees. SEC. 8. EFFECT ON STATE LAW. Nothing in this Act shall be construed to prohibit a State from enacting or enforcing more stringent legislation in the regulation of telephone solicitors. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out the provisions of this Act.

Telemarketing Intrusive Practices Act of 2003 - Directs the Federal Trade Commission to: (1) establish and maintain for each State a list of consumers who request not to receive telephone sales calls; (2) provide notice to consumers of the establishment of such list; (3) contract with a State to establish and maintain the lists; (4) contract with a private vendor to establish and maintain the lists, if the vendor has maintained a national listing of consumers who request not to receive such calls; and (5) and charge a reasonable fee for providing the list. Requires a telephone solicitor to maintain a list of consumers who request not to receive telephone sales calls from that particular telephone solicitor. Prohibits a telephone solicitor from knowingly using any method to block or otherwise circumvent the use of a caller identification service or device by a consumer. States that a violation of this Act is an unfair or deceptive trade practice of the Federal Trade Commission Act. Permits a private right of action in State court for an action to enjoin a violation of this Act.

A bill to require the Federal Trade Commission to establish a list of consumers who request not to receive telephone sales calls.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity for Congress Act''. SEC. 2. COVERAGE OF CONGRESS AND PRESIDENTIAL APPOINTEES. (a) Application.-- (1) In general.--The rights and protections provided pursuant to this Act and the provisions of law specified in paragraph (2) shall apply with respect to employment by the Congress. (2) Provisions.--The provisions of law that shall apply with respect to employment by Congress are-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), (B) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), (C) the National Labor Relations Act (29 U.S.C. 151 et seq.), (D) section 1977 of the Revised Statutes (42 U.S.C. 1881), (E) section 1977A of the Revised Statutes (42 U.S.C. 1881a), (F) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), (G) the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), and (H) the Family and Medical Leave Act of 1993. (b) Enforcement by Administrative Action.-- (1) In general.--A congressional employee, including a class or organization on behalf of a congressional employee, may bring an administrative action in accordance with paragraph (2) before an administrative agency to enforce the application of a law set out in subsection (a)(2) by the Congress or the congressional employer of such employee, to such employee if a similarly situated complaining party may bring such an action before such agency. (2) Requirements.--An administrative action described in paragraph (1) shall be commenced in accordance with the statutory and procedural requirements of the law which is sought to be enforced. (3) Administrative action.--An administrative agency before which is brought an action described in paragraph (1) may take such action against Congress or the congressional employer cited in the action as the agency could take an action brought by a similarly situated complaining party. (c) Enforcement by Civil Action.-- (1) In general.--A congressional employee, including a class or organization acting on behalf of a congressional employee, may bring a civil action to enforce a provision of law set out in subsection (a)(2) in a court authorized by paragraph (3) against the Congress or the congressional employer of such employee if a similarly situated complaining party could bring such a civil action. (2) Requirements.--A civil action described in paragraph (1) shall be commenced in accordance with the statutory and procedural requirements of the law which is sought to be enforced. (3) Venue.--An action may be brought under paragraph (1) to enforce a provision of law set out in subsection (a)(2) in any court of competent jurisdiction in which a similarly situated complaining party may otherwise bring civil action to enforce such provision. (4) Relief.--In any civil action brought under paragraph (1) to enforce a provision of law set out in subsection (a)(2), the court-- (A) may grant as relief against the Congress or congressional employer any equitable relief otherwise available to a similarly situated complaining party bringing a civil action to enforce the provision; (B) may grant as relief against Congress any damages that would otherwise be available to such a complaining party; and (C) allow such fees and costs as would be allowed in such an action by such a party. SEC. 3. MATTERS OTHER THAN EMPLOYMENT. (a) Rights and Protections.--In accordance with paragraph (6) of section 509(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12209), the rights and protections provided under such Act shall apply with respect to the conduct of the Congress regarding matters other than employment. (b) Enforcement.--To enforce paragraph (1), any person may-- (1) bring an administrative action described in subsection 2(b), or (2) a civil action described in section 2(c). SEC. 4. INFORMATION. (a) Application.--The rights and protections provided pursuant to section 552a of title 5, United States Code, shall apply with respect to information in the possession of the Congress. (b) Enforcement.--To enforce subsection (a), any person may-- (1) bring an administrative action described in section 2(b), or (2) a civil action described in section 2(c), against Congress or a congressional employer in possession of information. SEC. 5. INDEPENDENT COUNSEL. (a) Application.--(1) The rights and protections provided pursuant to chapter 40 of title 28, United States Code, shall apply with respect to investigation of congressional improprieties. (2) Enforcement.--To enforce subsection (a), any person may-- (A) bring an administrative action described in section 2(b), or (B) a civil action described in section 2(c), against any party with a duty under such chapter 40. SEC. 6. AMENDMENTS TO THE RULES OF THE SENATE. Rule XIV of the Standing Rules of the Senate is amended by adding at the appropriate place the following: ``No bill, resolution, or amendment which creates a requirement of general applicability but which exempts the Congress of the United States from its provisions may be considered except by a vote of three-fifths of Senators duly chosen and sworn.''. SEC. 7. AMENDMENT TO THE RULES OF THE HOUSE OF REPRESENTATIVES. Rule XXIV of the House of Representatives is amended by adding at the end the following: ``(9) No bill, resolution, or amended which creates a requirement of general applicability but which exempts the Congress of the United States from its provisions may be considered except by a vote of three- fifths of the Members duly chosen and sworn.''. SEC. 8. DEFINITIONS. For the purposes of this Act: (1) The term ``congressional employer'' means-- (A) a supervisor as described in paragraph 12 of Rule XXXVII of the Rules of the Senate. (B)(i) a Member of the House of Representatives with respect to the administrative, clerical, and other assistants of a Member. (ii) A Member who is the chairman of a committee with respect to the professional, clerical and other assistants to the committee. (iii) The ranking minority Member of a committee with respect to the minority staff members of the committee. (iv) A member who is the chairman of a subcommittee which has its own staff and financial authorization with respect to the professional, clerical, and other assistants to the subcommittee. (v) The ranking minority Member of a subcommittee with respect to the minority staff members of the subcommittee. (vi) The Majority and Minority Leaders of the House of Representatives and the Majority and Minority Whips with respect to the research, clerical, and other assistants to their respective offices. (vii) The other officers of the House of Representatives with respect to the employees of such officers. (C) The Architect of the Capitol with respect to the employees of the Architect of the Capitol. (D) The Director of the Congressional Budget Office with respect to the employees of such office. (E) The Comptroller General with respect to the employees of the General Accounting Office. (F) The Public Printer with respect to the employees of the Government Printing Office. (G) The Librarian of Congress with respect to the employees of the Library of Congress. (H) The Director of the Office of Technology Assessment with respect to employees of such office. (I) The Director of the United States Botanic Gardens with respect to the employees of such gardens. (2) The term ``congressional employee'' means an employee who is employed by, or an applicant for employment with, a congressional employer. (3) The term ``similarly situated complaining party'' means-- (A) in the case of a party seeking to enforce a provision with a separate enforcement mechanism for governmental complaining parties, a governmental complaining party, or (B) in the case of a party seeking to enforce a provision with no such separate mechanism, a complaining party. SEC. 9. EFFECTIVE DATE. This Act shall take effect one hundred and twenty days after the date of its enactment.

Equity for Congress Act - Makes applicable to the Congress the following Federal laws: (1) with respect to employment title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the National Labor Relations Act, sections 1977 and 1977A of the Revised Statutes, the Fair Labor Standards Act of 1938, the Occupational Safety and Health Act of 1970, and the Family and Medical Leave Act of 1993; (2) with respect to conduct regarding matters other than employment the Americans with Disabilities Act of 1990; and (3) with respect to information in its possession, the Privacy Act of 1974; and (4) specified provisions of Federal law relating to independent counsel. Amends the Standing Rules of the Senate and the Rules of the House of Representatives to require a three-fifths vote in each House before it considers legislation that creates a requirement of general applicability but exempts the Congress from such provisions.

Equity for Congress Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Sanctions Enabling Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) There is an increasing interest by States, local governments, educational institutions, and private institutions to seek to disassociate themselves from companies that directly or indirectly support the efforts of the Government of Iran to achieve a nuclear weapons capability. (2) Policy makers and fund managers may find moral, prudential, or reputational reasons to divest from companies that accept the business risk of operating in countries that are subject to international economic sanctions or that have business relationships with countries, governments, or entities with which any United States company would be prohibited from dealing because of economic sanctions imposed by the United States. SEC. 3. DEFINITIONS. In this Act: (1) Energy sector.--The term ``energy sector'' refers to activities to develop petroleum or natural gas resources or nuclear power. (2) Financial institution.--The term ``financial institution'' has the meaning given that term in section 14(5) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (3) Iran.--The term ``Iran'' includes any agency or instrumentality of Iran. (4) Person.--The term ``person'' means-- (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and (C) any successor, subunit, parent company, or subsidiary of any entity described in subparagraph (A) or (B). (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State, and any agency or instrumentality thereof; (C) any other governmental instrumentality; and (D) any public institution of higher education within the meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 4. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN COMPANIES INVESTED IN IRAN'S ENERGY SECTOR. (a) Statement of Policy.--It is the policy of the United States to support the decision of State governments, local governments, and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that have investments of $20,000,000 or more in Iran's energy sector. (b) Authority To Divest.--Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment activities in Iran described in subsection (c). (c) Investment Activities in Iran Described.--A person engages in investment activities in Iran described in this subsection if the person-- (1) has an investment of $20,000,000 or more-- (A) in the energy sector of Iran; or (B) in a person that provides oil or liquified natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquified natural gas, for the energy sector in Iran; or (2) is a financial institution that extends $20,000,000 or more in credit to another person, for 45 days or more, if that person will use the credit to invest in the energy sector in Iran. (d) Requirements.--The requirements referred to in subsection (b) that a measure taken by a State or local government must meet are the following: (1) Notice.--The State or local government shall provide written notice to each person to which the State or local government, as the case may be, intends to apply the measure, of such intent. (2) Timing.--The measure shall apply to a person not earlier than the date that is 90 days after the date on which the person receives the written notice required by paragraph (1). (3) Opportunity for hearing.--The State or local government shall provide each person referred to in paragraph (1) with an opportunity to demonstrate to the State or local government, as the case may be, that the person does not engage in investment activities in Iran described in subsection (c). If the person demonstrates to the State or local government that the person does not engage in investment activities in Iran described in subsection (c), the measure shall not apply to the person. (4) Sense of congress on avoiding erroneous targeting.--It is the sense of Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless the State or local government has made every effort to avoid erroneously targeting the person and has verified that the person engages in investment activities in Iran described in subsection (c). (e) Notice to Department of Justice.--Not later than 30 days after adopting a measure pursuant to subsection (b), a State or local government shall submit to the Attorney General of the United States a written notice that describes the measure. (f) Nonpreemption.--A measure of a State or local government authorized under subsection (b) is not preempted by any Federal law or regulation. (g) Definitions.--In this section: (1) Investment.--The ``investment'' of assets, with respect to a State or local government, includes-- (A) a commitment or contribution of assets; (B) a loan or other extension of credit; and (C) the entry into or renewal of a contract for goods or services. (2) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled directly or indirectly by a State or local government. (B) Exception.--The term ``assets'' does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (h) Effective Date.-- (1) In general.--Except as provided in paragraph (2), this section shall apply to measures adopted by a State or local government before, on, or after the date of the enactment of this Act. (2) Notice requirements.--Subsections (d) and (e) apply with respect to measures adopted by a State or local government on or after the date of the enactment of this Act. SEC. 5. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended by inserting before the period the following: ``or engage in investment activities in Iran described in section 4(c) of the Iran Sanctions Enabling Act of 2009''. SEC. 6. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY EMPLOYEE BENEFIT PLANS. Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end the following new subsection: ``(n) No person shall be treated as breaching any of the responsibilities, obligations, or duties imposed upon fiduciaries by this title, and no action may be brought under this section against any person, for divesting plan assets from, or avoiding investing plan assets in, persons that such person determines, using credible information available to the public, engage in investment activities in Iran described in section 4(c) of the Iran Sanctions Enabling Act of 2009.''. SEC. 7. SUNSET. The provisions of this Act shall terminate on the day that is 30 days after the date on which the President certifies to Congress that-- (1) the Government of Iran has ceased providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state sponsor of terrorism for purposes of-- (A) section 40 of the Arms Export Control Act (22 U.S.C. 2780); (B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (C) section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or (D) any other provision of law relating to governments that provide support for acts of international terrorism; and (2) the Government of Iran has ceased the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology.

Iran Sanctions Enabling Act of 2009 - States that it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that have investments of $20 million or more in Iran's energy sector. Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit the investment of assets they control in, such persons, including financial institutions which extend them credit to so invest. Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by such persons. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to shield from treatment as breaching a fiduciary duty any person divesting employee benefit plan assets from, or avoiding investing plan assets in, such persons.

A bill to authorize State and local governments to direct divestiture from, and prevent investment in, companies with investments of $20,000,000 or more in Iran's energy sector, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethics in Government Reform Act of 1993''. SEC. 2. SPECIAL RULES FOR HIGHLY PAID EXECUTIVE APPOINTEES AND MEMBERS OF CONGRESS AND HIGHLY PAID CONGRESSIONAL EMPLOYEES. (a) In General.-- (1) Appearances before agency.--(A) Section 207(d) of title 18, United States Code, is amended by adding at the end thereof the following: ``(3) Restrictions on political appointees.--(A) In addition to the restrictions set forth in subsections (a), (b), and (c) and paragraph (1) of this subsection, any person who-- ``(i) serves in the position of Vice President of the United States; or ``(ii) is a full-time, noncareer Presidential, Vice Presidential, or agency head appointee in an executive agency whose rate of basic pay is not less than $70,000 (adjusted for any COLA after the date of enactment of the Ethics in Government Reform Act of 1993) and is not an appointee of the senior foreign service or solely an appointee as a uniformed service commissioned officer, and who, after the termination of his or her service or employment as such officer or employee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of a department or agency in which such person served within 5 years before such termination, during a period beginning on the termination of service or employment as such officer or employee and ending 5 years after the termination of service in the department or agency, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 216 of this title. ``(B) In addition to the restrictions set forth in subsections (a), (b), and (c) and paragraph (1) of this subsection, any person who is listed in Schedule I under section 5312 of title 5, United States Code, or is employed in a position in the Executive Office of the President and is a full-time, noncareer Presidential, Vice Presidential, or agency head appointee in an executive agency whose rate of basic pay is not less than $70,000 (adjusted for any COLA after the date of enactment of the Ethics in Government Reform Act of 1993) and is not an appointee of the senior foreign service or solely an appointee as a uniformed service commissioned officer, and who-- ``(i) after the termination of his or her service or employment as such employee, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of a department or agency with respect to which the person participated personally and substantially within 5 years before such termination, during a period beginning on the termination of service or employment as such employee and ending 5 years after the termination of substantial personal responsibility with respect to the department or agency, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency; or ``(ii) within 2 years after the termination of his or her service or employment as such employee, knowingly makes, with the intent to influence, any communication to or appearance before any person described in paragraph (2)(B) on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by the person described in paragraph (2)(B), shall be punished as provided in section 216 of this title.''. (B) The first sentence of section 207(h)(1) of title 18, United States Code, is amended by inserting after ``subsection (c)'' the following: ``and subsection (d)(3)''. (2) Foreign agents.--Section 207(f) of title 18, United States Code, is amended by-- (A) redesignating paragraph (2) as paragraph (4); (B) adding after paragraph (1) the following: ``(2) Special restrictions.--Any person who-- ``(A)(i) serves in the position of Vice President of the United States; ``(ii) is a full-time, noncareer Presidential, Vice Presidential, or agency head appointee in an executive agency whose rate of basic pay is not less than $70,000 (adjusted for any COLA after the date of enactment of the Ethics in Government Reform Act of 1993) and is not an appointee of the senior foreign service or solely an appointee as a uniformed service commissioned officer; ``(iii) is employed in a position in the Executive Office of the President and is a full-time, noncareer Presidential, Vice Presidential, or agency head appointee in an executive agency whose rate of basic pay is not less than $70,000 (adjusted for any COLA after the date of enactment of the Ethics in Government Reform Act of 1993) and is not an appointee of the senior foreign service or solely an appointee as a uniformed service commissioned officer; or ``(iv) is a Member of Congress or employed in a position by the Congress at a rate of pay equal to or greater than $70,000 (adjusted for any COLA after the date of enactment of the Ethics in Government Reform Act of 1993); and ``(B) after such service or employment-- ``(i) represents a foreign national (as defined in section 319(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(b)) before any officer or employee of any department or agency of the United States with the intent to influence a decision of such officer or employee in carrying out his or her official duties; or ``(ii) aids or advises a foreign national (as defined in section 319(b) of the Federal Election Campaign Act of 1971) with the intent to influence a decision of any officer or employee of any department or agency of the United States, in carrying out his or her official duties, shall be punished as provided in section 216 of this title.''. ``(3) Employment by a Foreign Government.--Any person who-- ``(A)(i) serves in the position of President or Vice President of the United States; ``(ii) serves as a Governor of the Federal Reserve; ``(iii) is a full-time, noncareer Presidential, Vice Presidential, or agency head appointee in an executive agency whose rate of basic pay is not less than $70,000 (adjusted for any COLA after the date of enactment of the Ethics in Government Reform Act of 1993) and is not an appointee of the senior foreign service or solely an appointee as a uniformed service commissioned officer; ``(iv) is employed in a position in the Executive Office of the President and is a full-time, noncareer Presidential, Vice Presidential, or agency head appointee in an executive agency whose rate of basic pay is not less than $70,000 (adjusted for any COLA after the date of enactment of the Ethics in Government Reform Act of 1993) and is not an appointee of the senior foreign service or solely an appointee as a uniformed service commissioned officer; or ``(v) is a Member of Congress; and ``(B) after such service or employment receives anything of value from a foreign government, shall be punished as provided in section 216 of this title.''. (3) Trade negotiators.--Section 207(b)(1) of title 18, United States Code, is amended by-- (A) inserting ``(A)'' after ``In general.--''; and (B) adding at the end thereof the following: ``(B) For any person who-- ``(i) is a full-time, noncareer Presidential, Vice Presidential, or agency head appointee in an executive agency whose rate of basic pay is not less than $70,000 (adjusted for any COLA after the date of enactment of the Ethics in Government Reform Act of 1993) and is not an appointee of the senior foreign service or solely an appointee as a uniformed service commissioned officer; ``(ii) is employed in a position in the Executive Office of the President, and is a full-time, noncareer Presidential, Vice Presidential, or agency head appointee in an executive agency whose rate of basic pay is not less than $70,000 (adjusted for any COLA after the date of enactment of the Ethics in Government Reform Act of 1993) and is not an appointee of the senior foreign service or solely an appointee as a uniformed service commissioned officer; or ``(iii) is a Member of Congress or employed in a position by the Congress at a rate of pay equal to or greater than $70,000 (adjusted for any COLA after the date of enactment of the Ethics in Government Reform Act of 1993), the restricted period after service referred to in subparagraph (A) shall be permanent.''. (4) Congress.--Section 207(e) of title 18, United States Code, is amended-- (A) in paragraph (1)(A) by striking ``within 1 year'' and inserting ``within 2 years''; (B) in paragraph (1) by adding at the end thereof the following: ``(D) Any person who is a Member of Congress and who, within 5 years after leaving the position, knowingly makes, with intent to influence, any communication to or appearance before any committee member or a staff member of any committee over which the Member had jurisdiction, on behalf of any other person (except the United States) in connection with any matter on which such former Member seeks action by the committee member or a staff member of the committee in his or her official capacity, shall be punished as provided in section 216 of this title.''; (C) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (D) by inserting after paragraph (5) the following new paragraph: ``(6) Highly paid staffers.--For any person described in paragraph (2), (3), (4), or (5), employed in a position at a rate of pay equal to or greater than $70,000 (adjusted for any COLA after the date of enactment of the Ethics in Government Reform Act of 1993)-- ``(A) the restriction provided in paragraph (1)(A) shall apply; and ``(B) the restricted period after termination in paragraph (2), (3), (4), or (5), applicable to such person shall be 5 years.''. (5) Governmentwide 1-year cooling off period.-- (A) Executive.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (i) by amending the caption for such subsection to read as follows: ``(c) One-Year Restriction on all Officers and Employees of the Executive Branch and Certain Other Agencies.--''; (ii) in paragraph (1) by striking ``who is referred to in paragraph (2)'' and inserting ``who is subject to the restrictions contained in subsection (a)(1)''; (iii) by striking ``(1) Restrictions.--''; and (iv) by striking paragraph (2). (B) Congress.--Section 207(e)(6)(A) of title 18, United States Code, is amended by striking paragraph (6) and redesignating paragraph (7) as paragraph (6). (b) Penalties.-- (1) Future lobbying.--Section 216 of title 18, United States Code, is amended by adding at the end thereof the following: ``(d) In addition to the penalties provided in subsections (a), (b), and (c), the punishment for violations of section 207 may include a prohibition on lobbying the United States for a period of not to exceed 5 years for each violation.''. (2) Use of profits.--Section 216(b) of title 18, United States Code, is amended by adding after the first sentence the following: ``Any amount of compensation recovered pursuant to the preceding sentence for a violation of section 207 shall be deposited in the general fund of the Treasury to reduce the deficit.''. SEC. 3. EFFECTIVE DATE. The restrictions contained in section 207 of title 18, United States Code, as added by section 2 of this Act-- (1) shall apply only to persons whose service as officers or employees of the Government, or as Members of Congress terminates on or after the date of the enactment of this Act; and (2) in the case of officers, employees, and Members of Congress described in section 207(b)(1)(B) of title 18, United States Code (as added by section 2 of this Act), shall apply only with respect to participation in trade negotiations or treaty negotiations, and with respect to access to information, occurring on or after such date of enactment.

Ethics in Government Reform Act of 1993 - Codifies in the Federal criminal code the lobbying restrictions on senior executive branch appointees under Executive Order 12834, generally and with certain technical changes and extends those restrictions to the Vice President, Members of Congress, and highly paid staffers. Prohibits the President, Vice President, Members of Congress, Federal Reserve Board Governors, and certain other Federal officials from receiving anything of value from a foreign government after their service or employment ends.

Ethics in Government Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``527 Transparency Act of 2005''. SEC. 2. MANDATORY MONTHLY REPORTING. (a) In General.--Section 527(j)(2) of the Internal Revenue Code of 1986 (relating to required disclosure) is amended to read as follows: ``(2) Required disclosure.--A political organization which accepts a contribution, or makes an expenditure, for an exempt function during any calendar year shall file with the Secretary monthly reports for each such year which shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that, in lieu of filing the reports otherwise due in November and December of any year in which a regularly scheduled general election is held, the organization shall file-- ``(A) a pre-election report, which shall be filed no later than the 12th day before (or posted by registered or certified mail no later than the 15th day before) any election with respect to which the organization accepts a contribution or makes an expenditure, and which shall be complete as of the 20th day before the election; ``(B) a post-general election report, which shall be filed no later than the 30th day after the general election and which shall be complete as of the 20th day after such general election; and ``(C) a year-end report which shall be filed no later than January 31 of the following calendar year.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2005. SEC. 3. FAILURE OF 527 ORGANIZATION TO COMPLY WITH DISCLOSURE REQUIREMENTS. (a) Excise Tax on Managers.-- (1) In general.--Subchapter C of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4956. TAX ON FAILURE OF POLITICAL ORGANIZATIONS TO MEET DISCLOSURE REQUIREMENTS. ``(a) Tax Imposed.--In the case of a failure of a political organization to meet the disclosure requirements of section 527(j) with respect to any contribution to or expenditure from the political organization, there is hereby imposed on the political organization, in addition to any other tax or penalty provided in this title, a tax for each such failure. ``(b) Amount of Tax.--The tax imposed by subsection (a) shall be 30 percent of the total amount of the contribution or expenditure with respect to which such failure occurred. ``(c) Liability for Tax.-- ``(1) In general.--Except as provided by paragraph (2), the tax imposed by subsection (a) shall be paid by the political organization. ``(2) Joint and several liability of organization managers.--Each organization manager of the political organization shall be jointly and severally liable for any tax imposed under subsection (a). ``(d) Organization Manager.--For purposes of this section, the term `organization manager' means any officer, director, or trustee of the political organization (or individual having powers or responsibilities similar to those of an officer, director, or trustee). ``(e) Political Organization.--The term `political organization' shall have the meaning given such term by section 527(e)(1).''. (2) Conforming amendments.-- (A) The heading for subchapter C of chapter 42 of such Code is amended by adding at the end the following: ``; Failure of Political Organizations to Meet Reporting Requirements''. (B) The table of sections for such subchapter C is amended by adding at the end the following: ``Sec. 4956. Tax on failure of political organizations to meet disclosure requirements.''. (C) The item in the table of subchapters of such chapter 42 relating to subchapter C is amended to read as follows: ``subchapter c. political expenditures of section 501(c)(3) organizations; failure of political organizations to meet reporting requirements''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2005. (b) Denial of Gift Tax Exclusion.-- (1) In general.--Paragraph (4) of section 2501(a) of the Internal Revenue Code of 1986 (relating to taxable transfers) is amended to read as follows: ``(4) Transfers to political organizations.-- ``(A) In general.--Paragraph (1) shall not apply to the transfer of money or other property to a political organization (within the meaning of section 527(e)(1)) for the use of such organization. ``(B) Exception for failure of organization to meet disclosure requirements.--Subparagraph (A) shall not apply to any transfer in a calendar year for which the political organization fails to make the disclosures required by section 527(j).''. (2) Notice to contributors of denial of gift tax exception for failure to disclose.--Section 527(j) of such Code is amended by adding at the end the following new paragraph: ``(8) Notice to contributors of denial of gift tax exception for failure to disclose.--In the case of a final determination by the Secretary that a failure described in paragraph (1)(A) with respect to an organization occurred, the organization shall, not later than 90 days after the date of such determination, provide written notice of such failure to each contributor to the organization for the calendar year in which such failure occurred. Such notice shall include a statement that the exception under section 2501(a)(4)(A) does not apply to any contribution to the organization in such calendar year.''. (3) Effective date.--The amendments made by this subsection shall apply to transfers made after December 31, 2005. SEC. 4. SIMULTANEOUS TRANSMISSION OF REPORTS TO FEDERAL ELECTION COMMISSION. (a) In General.--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) Reports of Political Organizations Under Internal Revenue Code of 1986.-- ``(1) Simultaneous filing of treasury reports with commission.--At the time a political organization described in section 527 of the Internal Revenue Code of 1986 files a report with the Secretary of the Treasury under section 527(j) of such Code, the organization shall file a copy of the report with the Commission. ``(2) Treatment as report filed with commission.--For purposes of this Act, the copy filed under this subsection of a report filed with the Secretary of the Treasury shall be treated as a report or statement filed with the Commission under this section.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect January 1, 2006.

527 Transparency Act of 2005 - Amends the Internal Revenue Code to revise disclosure requirements for tax-exempt political organizations (527 organizations) to require monthly reporting of contributions and expenditures. Imposes a penalty tax on political organizations that fail to meet disclosure requirements. Denies a gift tax exclusion for donations to political organizations that fail to meet disclosure requirements. Requires political organizations to file disclosure reports simultaneously with the Secretary of the Treasury and the Federal Election Commission (FEC).

To amend the Internal Revenue Code of 1986 to impose penalties for the failure of 527 organizations to comply with disclosure requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Sanctions Enabling Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) The Convention on the Prevention and Punishment of the Crime of Genocide, done at Paris December 9, 1948 (commonly referred to as the ``Genocide Convention'') defines genocide as, among other things, the act of killing members of a national, ethnic, racial, or religious group with the intent to destroy, in whole or in part, the targeted group. In addition, the Genocide Convention also prohibits conspiracy to commit genocide, as well as ``[d]irect and public incitement to commit genocide''. (2) 133 member states of the United Nations have ratified the Genocide Convention and thereby pledged to prosecute individuals who violate the Genocide Convention's prohibition on incitement to commit genocide, as well as those individuals who commit genocide directly. (3) On October 27, 2005, at the World Without Zionism Conference in Tehran, Iran, the President of Iran, Mahmoud Ahmadinejad, called for Israel to be ``wiped off the map,'' described Israel as ``a disgraceful blot [on] the face of the Islamic world,'' and declared that ``[a]nybody who recognizes Israel will burn in the fire of the Islamic nation's fury.'' President Ahmadinejad has subsequently made similar types of comments. (4) On December 23, 2006, the United Nations Security Council unanimously approved Resolution 1737, which bans the supply of nuclear technology and equipment to Iran and freezes the assets of certain organizations and individuals involved in Iran's nuclear program, until Iran suspends its enrichment of uranium, as verified by the International Atomic Energy Agency. (5) Following Iran's failure to comply with Resolution 1737, on March 24, 2007, the United Nations Security Council unanimously approved Resolution 1747, to tighten sanctions on Iran, imposing a ban on arms sales and expanding the freeze on assets, in response to the country's uranium-enrichment activities. (6) There are now signs of domestic discontent within Iran, and targeted financial and economic measures could produce a change in Iranian policy. According to the Economist Intelligence Unit, the nuclear crisis ``is imposing a heavy opportunity cost on Iran's economic development, slowing down investment in the oil, gas, and petrochemical sectors, as well as in critical infrastructure projects, including electricity''. (7) Targeted financial measures represent one of the strongest non-military tools available to convince the Government of Iran that it can no longer afford to engage in dangerous, destabilizing activities such as its nuclear weapons program and its support for terrorism. (8) Foreign persons that have invested in Iran's energy sector, despite Iran's support of international terrorism and its nuclear program, have provided additional financial means for Iran's activities in these areas, and many United States persons have unknowingly invested in those same foreign persons. (9) There is an increasing interest by States, local governments, educational institutions, and private institutions to seek to disassociate themselves from companies that directly or indirectly support the Government of Iran's efforts to achieve a nuclear weapons capability. (10) Policy makers and fund managers may find moral, prudential, or reputational reasons to divest assets from persons that accept the business risk of operating in countries that are subject to international economic sanctions or that have business relationships with countries, governments, or entities with which any United States person would be prohibited from dealing because of economic sanctions imposed by the United States. SEC. 3. TRANSPARENCY IN UNITED STATES CAPITAL MARKETS. (a) List of Persons Investing in Iran Energy Sector.-- (1) Publication of list.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of the Treasury, in consultation with the Secretary of Energy, the Secretary of State, the Securities and Exchange Commission, and the heads of other appropriate Federal departments and agencies, shall publish in the Federal Register a list of persons, whether within or outside of the United States, that, as of the date of the publication, have made an investment of more than $20,000,000 in the energy sector of Iran. The list shall include a description of the investment made by each such person, including the dollar value, intended purpose, and status of the investment, as of the date of the publication of the list. (2) Prior notice to persons.--Not later than 30 days before the list is published under paragraph (1), the Secretary of the Treasury shall notify each person that the Secretary intends to include on the list. (3) Delay in including persons on the list.--After notifying a person under paragraph (2) that the Secretary intends to include such person on the list, the Secretary may delay including such person on the list for not more than 60 days if the Secretary determines and certifies to Congress that such person has taken specific and effective actions to divest or terminate the investment in the energy sector of Iran that resulted in the notification under paragraph (2). (4) Removal of persons from the list.--The Secretary of the Treasury may remove a person from the list under paragraph (1) before the next publication of the list if the Secretary, in consultation with, as appropriate, the Secretary of Energy, the Secretary of State, the Securities and Exchange Commission, and the heads of other Federal departments and agencies, determines that the person has divested or terminated the investment in the energy sector of Iran that resulted in the Secretary including such person on the list. (b) Publication on Website.--The Secretary of the Treasury shall maintain on the website of the Department of the Treasury the names of the persons on the list published under subsection (a)(1), updating the list as necessary to take into account any person removed from the list under subsection (a)(4). (c) Definition.--In this section, the term ``investment'' has the meaning given that term in section 14(9) of the Iran Sanctions Act (50 U.S.C. 1701 note). SEC. 4. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST ASSETS FROM CERTAIN COMPANIES INVESTED IN IRAN'S ENERGY SECTOR. (a) Authority to Divest.-- (1) In general.--Notwithstanding any other provision of law, a State or local government may adopt and enforce measures to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, persons that are included on the most recent list published under section 3(a)(1), as modified under section 3(a)(4). (2) Applicability.--This subsection applies to measures adopted by a State or local government before, on, or after the date of the enactment of this Act. (3) Definitions.--In this subsection: (A) Investment of the assets of the state or local government.--The term ``investment of the assets of the State or local government'' includes-- (i) a commitment or contribution of assets; and (ii) a loan or other extension of credit of assets. (B) Assets.--The term ``assets'' refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. (b) Preemption.--A measure of a State or local government that is authorized by subsection (a) is not preempted by any Federal law or regulation except to the extent that a person is unable to comply with both the measure and the Federal law or regulation. SEC. 5. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY MUTUAL FUNDS. Section 13 of the Investment Company Act of 1940 (15 U.S.C. 80a-13) is amended by adding at the end the following new subsection: ``(c) Safe Harbor for Changes in Investment Policies.-- Notwithstanding any other provision of Federal or State law, no person may bring any civil, criminal, or administrative action against any registered investment company or person providing services to such registered investment company (including its investment adviser), or any employee, officer, or director thereof, based upon the investment company divesting from, or avoiding investing in, securities issued by companies that are included on the most recent list published under section 3(a)(1) of the Iran Sanctions Enabling Act, as modified under section 3(a)(4) of that Act. For purposes of this subsection the term `person' shall include the Federal government and any State or political subdivision of a State.''. SEC. 6. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY EMPLOYEE BENEFIT PLANS. Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end the following new subsection: ``(n) Divestment of Assets in Fiduciaries Investing in Iran.--No person shall be treated as breaching any of the responsibilities, obligations, or duties imposed upon fiduciaries by this title, and no action may be brought under this section against any person, for divesting plan assets from, or avoiding investing plan assets in, persons that are included on the most recent list published under section 3(a)(1) of the Iran Sanctions Enabling Act, as modified under section 3(a)(4) of such Act.''. SEC. 7. SENSE OF CONGRESS REGARDING THRIFT SAVINGS PLAN. It is the sense of the Congress that-- (1) the Federal Retirement Thrift Investment Board should initiate efforts to provide a terror-free international investment option among the funds of the Thrift Savings Fund that would invest in stocks in which the International Stock Index Investment Fund may invest under section 8438(b)(4) of title 5, United States Code, other than the stock of companies that do business in any country the government of which the Secretary of State has determined is a government that has repeatedly provided support for acts of international terrorism, for purposes of section 40 of the Arms Export Control Act (22 U.S.C. 2780), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or any other provision of law relating to governments that provide support for acts of international terrorism; and (2) the Federal Retirement Thrift Investment Board should initiate efforts similar to those described in paragraph (1) to provide a genocide-free international investment option. SEC. 8. DEFINITIONS. In this Act: (1) Iran.--The term ``Iran'' includes any agency or instrumentality of the Government of Iran. (2) Energy sector.--The term ``energy sector'' refers to activities to develop petroleum or natural gas resources. (3) Person.--The term ``person'' means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity or instrumentality of a government. (4) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State, and any agency or instrumentality thereof; and (C) any public institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). SEC. 9. SUNSET. The provisions of this Act shall terminate 30 days after the date on which the President has certified to Congress that-- (1) the Government of Iran has ceased providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state sponsor of terrorism for purposes of section 40 of the Arms Export Control Act (22 U.S.C. 2780), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or any other provision of law relating to governments that provide support for acts of international terrorism; (2) the Government of Iran has ceased the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology; and (3) the Government of Iran has retracted the statements of the President of Iran, Mahmoud Ahmadinejad, calling for the destruction of Israel.

Iran Sanctions Enabling Act of 2007 - Directs the Secretary of the Treasury to: (1) publish biannually in the Federal Register a list of each person, whether within or outside of the United States, that has an investment of more than $20 million in the energy sector in Iran; and (2) maintain on the website of the Department of the Treasury the names of the persons on such list. States it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons included on the most recent list. Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit investment of assets in, persons included on the most recent list. Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by companies included on such most recent list. Amends the Employee Retirement Income Security Act of 1974 to shield from treatment as breaching a fiduciary duty any person divesting plan assets from, or avoiding investing plan assets in, persons included on such most recent list. Expresses the sense of the Congress that the Federal Retirement Thrift Investment Board should: (1) initiate efforts to provide a terror-free international investment option among the funds of the Thrift Savings Fund; and (2) initiate similar efforts to provide a genocide-free international investment option.

A bill to authorize State and local governments to direct divestiture from, and prevent investment in, companies with investments of $20,000,000 or more in Iran's energy sector, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Academic Freedom through Regulatory Relief Act''. SEC. 2. REGULATORY RELIEF. (a) Regulations Repealed.-- (1) Repeal.--The following regulations (including any supplement or revision to such regulations) are repealed and shall have no legal effect: (A) State authorization.--Sections 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, and 668.43(b) of title 34, Code of Federal Regulations (relating to State authorization), as added or amended by-- (i) the final regulations published by the Department of Education in the Federal Register on October 29, 2010 (75 Fed. Reg. 66832 et seq.); or (ii) the negotiated rulemaking committee established after the notice of intention to establish such committee published in the Federal Register on November 20, 2013 (78 Fed. Reg. 69612 et seq.). (B) Definition of credit hour.--The definition of the term ``credit hour'' in section 600.2 of title 34, Code of Federal Regulations, as added by the final regulations published by the Department of Education in the Federal Register on October 29, 2010 (75 Fed. Reg. 66946), and clauses (i)(A), (ii), and (iii) of subsection (k)(2) of section 668.8 of such title, as amended by such final regulations (75 Fed. Reg. 66949 et seq.). (C) Gainful employment.--Sections 600.10(c), 600.20(d), 668.6, and 668.7, of title 34, Code of Federal Regulations as added or amended by the final regulations published by the Department of Education in the Federal Register on October 31, 2014 (79 Fed. Reg. 64889 et seq.). (2) Effect of repeal.--To the extent that regulations repealed by paragraph (1) amended regulations that were in effect on June 30, 2011, the provisions of the regulations that were in effect on June 30, 2011, and were so amended are restored and revived as if the regulations repealed by paragraph (1) had not taken effect. (b) Certain Regulations and Other Actions Prohibited.-- (1) State authorization, gainful employment, and teacher preparation.-- (A) In general.--The Secretary of Education shall not, during the period described in subparagraph (B), promulgate or enforce any regulation or rule not in effect on the date of enactment of this Act for any purpose under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) with respect to-- (i) the State authorization for institutions of higher education to operate within a State; (ii) the definition or application of the term ``gainful employment''; or (iii) a teacher preparation program accountability system. (B) Period of prohibition.--The period during which the Secretary is prohibited from promulgating or enforcing a regulation described in subparagraph (A) shall be the period beginning on the date of enactment of this Act and ending on the date of enactment of a law that extends by not less than 2 fiscal years the authorization or duration of one or more programs under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). (2) Credit hour.--The Secretary of Education shall not, on or after the date of enactment of this Act, promulgate or enforce any regulation or rule with respect to the definition of the term ``credit hour'' for any purpose under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). (3) Postsecondary institution ratings system.--The Secretary of Education shall not carry out, develop, refine, promulgate, publish, implement, administer, or enforce a postsecondary institution ratings system or any other performance system to rate institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)). SEC. 3. THIRD-PARTY SERVICE PROVIDERS. Section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(20)) is amended by adding at the end the following: ``Notwithstanding the preceding sentence, an institution described in section 101 may provide payment, based on the amount of tuition generated by the institution from student enrollment, to a third-party entity that provides a set of services to the institution that includes student recruitment services, regardless of whether the third-party entity is affiliated with an institution that provides educational services other than the institution providing such payment, if-- ``(A) the third-party entity is not affiliated with the institution providing such payment; ``(B) the third-party entity does not make compensation payments to its employees that are prohibited under this paragraph; ``(C) the set of services provided to the institution by the third-party entity include services in addition to student recruitment services, and the institution does not pay the third-party entity solely or separately for student recruitment services provided by the third-party entity; and ``(D) any student recruitment information available to the third-party entity, including personally identifiable information, will not be used by, shared with, or sold to any other person or entity, including any institution that is affiliated with the third-party entity.''.

Supporting Academic Freedom through Regulatory Relief Act Repeals certain Department of Education (ED) regulations that for purposes of determining whether a school is eligible to participate in programs under the Higher Education Act of 1965 (HEA): (1) require institutions of higher education (IHEs) and postsecondary vocational institutions (except religious schools) to be legally authorized by the state in which they are situated, (2) delineate what such legal authorization requires of states and schools, (3) impose standards and disclosure requirements on programs that prepare students for gainful employment in a recognized occupation, and (4) define "credit hour." Prohibits ED from promulgating or enforcing any regulation or rule not in effect on the date of this Act's enactment regarding: (1) the state authorization for IHEs to operate within a state, (2) the definition or application of the term "gainful employment," or (3) a teacher preparation program accountability system. Ends that prohibition when a law is enacted that extends by at least two fiscal years the authorization or duration of one or more programs under the HEA. Prohibits ED from promulgating or enforcing any regulation or rule that defines "credit hour" for any purpose under the HEA. Prohibits ED from carrying out, developing, refining, promulgating, publishing, implementing, administering, or enforcing a postsecondary institution ratings system or any other performance system to rate IHEs. Amends title IV (Student Assistance) of the HEA to authorize nonprofit IHEs to make payments to third-party entities for services that include student recruitment and are based on the amount of tuition that the IHE generates from student enrollment if the third-party entity: (1) is not affiliated with the IHE, (2) does not provide incentive payments to its employees for their success in enrolling students or securing financial aid for them, (3) is not paid by the IHE solely or separately for student recruitment services, and (4) will not make student recruitment information available to any other person or entity.

Supporting Academic Freedom through Regulatory Relief Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Access to Primary Care for Women & Children Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Medicaid plays a key role in providing coverage for millions of working families. (2) Medicaid enrollees include families, pregnant women, children, individuals with disabilities, and other low-income individuals. Without Medicaid coverage, many enrollees would be uninsured or lack coverage for services they need. (3) In 2014, the Medicaid program covered 69,000,000 individuals, or 1 in every 5 Americans. This number will continue to grow, particularly since the Affordable Care Act significantly expanded eligibility to millions of uninsured adults. (4) If all States expand their Medicaid programs, an estimated 7,000,000 women ages 18 to 64 would gain coverage under Medicaid. (5) In 47 States and in the District of Columbia, Medicaid pays up to 67 percent less than Medicare for the same primary care services. (6) Congress has recognized that low provider participation in Medicaid decreases access to health care. To address this problem, Congress acted to increase Medicaid payments for certain primary care services to be not less than the Medicare payment rates for 2013 and 2014. (7) As more Americans become insured and empowered participants in their own health care, demand for primary care services is expected to increase over the next few years. (8) According to a study published earlier this year in the New England Journal of Medicine, higher Medicaid payment rates have significantly increased appointment availability for Medicaid enrollees. (9) Six in 10 women ages 18 to 44 (58 percent) report they see an obstetrics and gynecology (OB/GYN) physician on a regular basis. They are more likely to see their OB/GYN physician on a regular basis than any other type of provider. Given that women comprise the majority of Medicaid enrollees, it is critical that primary care providers, including OB/GYN physicians, receive sufficient reimbursement to participate in Medicaid. (10) Nurse practitioners and other health professionals deliver many primary care services. Applying Medicare's rates for nurse practitioners and other health professionals encourages greater participation in Medicaid, thereby increasing access to primary care, particularly in underserved areas. (11) The enhanced Medicaid reimbursement rate ensures providers have the financial capability to serve their patients' primary care needs. Furthermore, adding nurse practitioners, physician assistants, certified nurse-midwives, and OB/GYN physicians serving in primary care settings increases access to critical health care services for women and children nationwide. SEC. 3. RENEWAL OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND INCLUSION OF ADDITIONAL PROVIDERS. (a) Renewal of Payment Floor; Additional Providers.-- (1) In general.--Section 1902(a)(13) of the Social Security Act (42 U.S.C. 1396a(a)(13)) is amended by striking subparagraph (C) and inserting the following: ``(C) payment for primary care services (as defined in subsection (jj)) at a rate that is not less than 100 percent of the payment rate that applies to such services and physician under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year involved were the conversion factor under such section for 2009), and that is not less than the rate that would otherwise apply to such services under this title if the rate were determined without regard to this subparagraph, and that are-- ``(i) furnished in 2013 and 2014, by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine; or ``(ii) furnished in the 2-year period that begins on the first day of the first month that begins after the date of enactment of the Ensuring Access to Primary Care for Women & Children Act-- ``(I) by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, but only if the physician self-attests that the physician is Board certified in family medicine, general internal medicine, or pediatric medicine; ``(II) by a physician with a primary specialty designation of obstetrics and gynecology, but only if the physician self-attests that the physician is Board certified in obstetrics and gynecology; ``(III) by an advanced practice clinician, as defined by the Secretary, that works under the supervision of-- ``(aa) a physician that satisfies the criteria specified in subclause (I) or (II); or ``(bb) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law; ``(IV) by a rural health clinic, Federally qualified health center, or other health clinic that receives reimbursement on a fee schedule applicable to a physician, a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, for services furnished by a physician, nurse practitioner, physician assistant, or certified nurse-midwife, or services furnished by an advanced practice clinician supervised by a physician described in subclause (I)(aa) or (II)(aa), another advanced practice clinician, or a certified nurse- midwife; or ``(V) by a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, in accordance with procedures that ensure that the portion of the payment for such services that the nurse practitioner, physician assistant, or certified nurse-midwife is paid is not less than the amount that the nurse practitioner, physician assistant, or certified nurse-midwife would be paid if the services were provided under part B of title XVIII;''. (2) Conforming amendments.--Section 1905(dd) of the Social Security Act (42 U.S.C. 1396d(dd)) is amended-- (A) by striking ``Notwithstanding'' and inserting the following: ``(1) In general.--Notwithstanding''; (B) by inserting ``or furnished during an additional period specified in paragraph (2),'' after ``2015,''; and (C) by adding at the end the following: ``(2) Additional periods.--For purposes of paragraph (1), the following are additional periods: ``(A) The 2-year period that begins on the first day of the first month that begins after the date of enactment of the Ensuring Access to Primary Care for Women & Children Act.''. (b) Improved Targeting of Primary Care.--Section 1902(jj) of the Social Security Act (42 U.S.C. 1396a(jj)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and realigning the left margins accordingly; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; and (3) by adding at the end the following: ``(2) Exclusions.--Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital.''. (c) Ensuring Payment by Managed Care Entities.-- (1) In general.--Section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 1396b(m)(2)(A)) is amended-- (A) in clause (xii), by striking ``and'' after the semicolon; (B) by realigning the left margin of clause (xiii) so as to align with the left margin of clause (xii) and by striking the period at the end of clause (xiii) and inserting ``; and''; and (C) by inserting after clause (xiii) the following: ``(xiv) such contract provides that (I) payments to providers specified in section 1902(a)(13)(C) for primary care services defined in section 1902(jj) that are furnished during a year or period specified in section 1902(a)(13)(C) and section 1905(dd) are at least equal to the amounts set forth and required by the Secretary by regulation, (II) the entity shall, upon request, provide documentation to the State, sufficient to enable the State and the Secretary to ensure compliance with subclause (I), and (III) the Secretary shall deem payments described in subclause (I) that are furnished through an agreed upon capitation, partial capitation, or other value-based payment arrangement to comply with subclause (I) if the capitation, partial capitation, or other value-based payment arrangement is based on a reasonable methodology and the entity provides documentation of the methodology to the Secretary.''. (2) Conforming amendment.--Section 1932(f) of the Social Security Act (42 U.S.C. 1396u-2(f)) is amended by inserting ``and clause (xiv) of section 1903(m)(2)(A)'' before the period. SEC. 4. IMPROVING QUALITY AND VALUE FOR MEDICAID BENEFICIARIES. (a) GAO Study.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines the use of alternative payment models in State Medicaid programs and identifies opportunities for disseminating successful payment models among such programs. (b) Funding the Development of Quality Measures.--The first sentence of section 1139B(e) of the Social Security Act (42 U.S.C. 1320b-9b(e)) is amended by inserting ``, and for fiscal year 2016, $15,000,000,'' before ``for the purpose''. (c) Developing Quality Measures for Beneficiaries With Disabilities.--Section 1139B(b)(5) of the Social Security Act (42 U.S.C. 1320b-9b(b)(5)) is amended by adding at the end the following: ``(C) Quality measures specific to adult individuals with disabilities.--The Secretary, acting through the Administrator for the Centers for Medicare & Medicaid Services and the Director of the Agency for Healthcare Research and Quality, shall develop adult health quality measures that are specific to adult individuals with disabilities and shall include those measures in the Medicaid Quality Measurement Program. In developing such measures, priority shall be given to developing quality measures that assess the impact on adult individuals with disabilities of existing programs and to the development of quality measures that assess the impact of new service delivery innovations on such individuals.''.

Ensuring Access to Primary Care for Women & Children Act Amends title XIX (Medicaid) of the Social Security Act (SSAct) to require that the primary care services furnished in the two years after enactment of this Act by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine be paid at a rate that is not less than 100% of the payment rate that applies under Medicare part B (Supplementary Medical Insurance), but only if the physician self-attests as being Board certified in those areas. Extends this 100% of Medicare payment floor, subject to certain conditions, to the following providers: (1) physicians with a primary specialty designation of obstetrics and gynecology, and self-attesting they are Board certified; (2) advanced practice clinicians; (3) rural health clinics, federally-qualified health centers, or other specified health clinics; and (4) nurse practitioners, physician assistants, or certified nurse-midwives. Excludes from coverage of primary care services any such services provided in an emergency department of a hospital. Prescribes additional requirements for any contract between a state and a Medicaid managed care organization. Directs the Government Accountability Office to examine the use of alternative payment models in state Medicaid programs and identify opportunities for disseminating successful payment models among them. Amends SSAct title XI to: (1) extend funding for development of adult health quality measures; and (2) direct the Administrator for the Centers for Medicaid and Medicaid Services and the Director of the Agency for Healthcare Research and Quality to develop such measures specific to adult individuals with disabilities and include them in the Medicaid Quality Measurement Program.

Ensuring Access to Primary Care for Women & Children Act

SECTION 1. SHORT TITLE. This Act may be cited as ``The Legislative Line Item Veto Act of 1993''. SEC. 2. LEGISLATIVE LINE ITEM VETO RESCISSION AUTHORITY. (a) In General.--Notwithstanding the provisions of part B of title X of The Congressional Budget and Impoundment Control Act of 1974, and subject to the provisions of this section, the President may rescind all or part of any discretionary budget authority for fiscal years 1994 or 1995 which is subject to the terms of this Act if the President-- (1) determines that-- (A) such rescission would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (B) such rescission will not impair any essential Government functions; (C) such rescission will not harm the national interest; and (D) such rescission will directly contribute to the purpose of this Act of limiting discretionary spending in fiscal years 1994 or 1995, as the case may be; and (2) notifies the Congress of such rescission by a special message not later than twenty calendar days (not including Saturdays, Sundays, or holidays) after the date of enactment of a regular or supplemental appropriations act for fiscal year 1994 or 1995 or a joint resolution making continuing appropriations providing such budget authority for fiscal year 1994 or 1995, as the case may be. The President shall submit a separate rescission message for each appropriations bill under this paragraph. SEC. 3. RESCISSION EFFECTIVE UNLESS DISAPPROVED. (a) Any amount of budget authority rescinded under this Act as set forth in a special message by the President shall be deemed canceled unless during the period described in subsection (b), a rescission disapproval bill making available all of the amount rescinded is enacted into law. (b) The period referred to in subsection (a) is-- (1) a congressional review period of twenty calendar days of session during which Congress must complete action on the rescission disapproval bill and present such bill to the President for approval or disapproval; (2) after the period provided in paragraph (1), an additional ten days (not including Sundays) during which the President may exercise his authority to sign or veto the rescission disapproval bill; and (3) if the President vetoes the rescission disapproval bill during the period provided in paragraph (2), an additional five calendar days of session after the date of the veto. (c) If a special message is transmitted by the President under this Act and the last session of the Congress adjourns sine die before the expiration of the period described in subsection (b), the rescission shall not take effect. The message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the review period referred to in subsection (b) (with respect to such message) shall run beginning after such first day. SEC. 4. DEFINITIONS. For purposes of this Act-- (a) the term ``rescission disapproval bill'' means a bill or joint resolution which only disapproves a rescission of discretionary budget authority for fiscal year 1994 or 1995, in whole, rescinded in a special message transmitted by the President under this Act; and (b) the term ``Calendar days of session'' shall mean only those days on which both Houses of Congress are in session. SEC. 5. CONGRESSIONAL CONSIDERATION OF LEGISLATIVE LINE ITEM VETO RESCISSIONS. (a) Presidential Special Message.--Whenever the President rescinds any budget authority as provided in this Act, the President shall transmit to both Houses of Congress a special message specifying-- (1) the amount of budget authority rescinded; (2) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved; (3) the reasons and justifications for the determination to rescind budget authority pursuant to this Act; (4) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the rescission; and (5) all factions, circumstances, and considerations relating to or bearing upon the rescission and the decision to effect the rescission, and to the maximum extent practicable, the estimated effect of the rescission upon the objects, purposes, and programs for which the budget authority is provided. (b) Transmission of Messages to House and Senate.-- (1) Each special message transmitted under this Act shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each special message so transmitted shall be referred to the appropriate committees of the House of Representatives and the Senate. Each message shall be printed as a document of each House. (2) Any special message transmitted under this Act shall be printed in the first issue of the Federal Register published after such transmittal. (c) Referral of Rescission Disapproval Bills.--Any rescission disapproval bill introduced with respect to a special message shall be referred to the appropriate committees of the House of Representatives or the Senate, as the case may be. (d) Consideration in the Senate.-- (1) Any rescission disapproval bill received in the Senate from the House shall be considered in the Senate pursuant to the provisions of this Act. (2) Debate in the Senate on any rescission disapproval bill and debatable motions and appeals in connection therewith, shall be limited to not more than ten hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Debate in the Senate on any debatable motions or appeal in connection with such bill shall be limited to one hour, to be equally divided between, and controlled by the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of the bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days not to exceed one, not counting any day on which the Senate is not in session) is not in order. (e) Points of Order.-- (1) It shall not be in order in the Senate or the House of Representatives to consider any rescission disapproval bill that relates to any matter other than the rescission budget authority transmitted by the President under this Act. (2) It shall not be in order in the Senate or the House of Representatives to consider any amendment to a rescission disapproval bill. (3) Paragraphs (1) and (2) may be waived or suspended in the Senate only by a vote of three-fifths of the members duly chosen and sworn.

Legislative Line Item Veto Act of 1993 - Grants the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; (3) will not harm the national interest; and (4) will directly contribute to the purpose of this Act of limiting discretionary spending in FY 1994 or 1995. Requires the President to notify the Congress of such a rescission by special message after enactment of appropriations legislation for FY 1994 or 1995. Makes such a rescission effective unless the Congress enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.

Legislative Line Item Veto Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Our Nation's Obligation to Returning Warriors Act'' or ``HONOR Warriors Act''. SEC. 2. SCHOLARSHIP PROGRAM FOR EDUCATION AND TRAINING OF BEHAVIORAL HEALTH CARE SPECIALISTS FOR VET CENTERS. (a) Program Required.--The Secretary of Veterans Affairs shall, acting through the Under Secretary for Health of the Department of Veterans Affairs, carry out a program to provide scholarships to individuals pursuing education or training in behavioral health care specialties that are critical to the operations of Vet Centers in order to recruit and retain individuals with such specialties for service as behavioral health care specialists in Vet Centers. (b) Eligibility.--An individual shall be eligible for a scholarship under the program under this section if the individual-- (1) is pursuing education or training leading to licensure or other certified proficiency in such behavioral health care specialties critical to the operations of Vet Centers as the Secretary shall designate for purposes of the program; and (2) otherwise meets such other criteria or requirements as the Secretary shall establish for purposes of the program. (c) Amount.--The amount of any scholarship provided under the program under this section shall be determined by the Secretary. (d) Agreement To Serve as Behavioral Health Care Specialist in Vet Centers.--As a condition of receipt of a scholarship under the program under this section, an individual receiving a scholarship shall enter into an agreement with the Secretary to serve as an employee of a Vet Center in the behavioral health care specialty of the individual for such period as the Secretary shall specify in the agreement. (e) Repayment.--Each agreement under subsection (c) shall contain such provisions as the Under Secretary shall establish for purposes of the program under this section relating to repayment of the amount of a scholarship provided under this section in the event the individual entering into such agreement does not fulfill the service requirements in such agreement. Such provisions shall, to the maximum extent practicable, apply uniformly to all recipients of scholarships provided under this section. (f) Funding.--(1) Amounts for scholarships under the program under this section shall be derived from amounts available to the Secretary of Veterans Affairs for readjustment benefits. (2) The total amount available for scholarships under the program under this section in any fiscal year may not exceed $2,000,000. (g) Vet Centers Defined.--In this section, the term ``Vet Centers'' means the centers for readjustment counseling and related mental health services for veterans under section 1712A of title 38, United States Code. SEC. 3. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES WHO SERVE IN OPERATION IRAQI FREEDOM OR OPERATION ENDURING FREEDOM FOR COUNSELING AND SERVICES THROUGH VETS CENTERS. (a) In General.--Any member of the Armed Forces, including a member of the National Guard or Reserve, who serves on active duty in the Armed Forces in Operation Iraqi Freedom or Operation Enduring Freedom is eligible for readjustment counseling and related mental health services under section 1712A of title 38, United States Code, through the centers for readjustment counseling and related mental health services (commonly referred to as ``Vet Centers'') operated under that section. (b) No Requirement for Current Active Duty Service.--A member of the Armed Forces who meets the requirements for eligibility for counseling and services under subsection (a) is entitled to counseling and services under that subsection regardless of whether or not the member is currently on active duty in the Armed Forces at the time of receipt of counseling and services under that subsection. (c) Regulations.--The eligibility of members of the Armed Forces for counseling and services under subsection (a) shall be subject to such regulations as the Secretary of Defense and the Secretary of Veterans Affairs shall jointly prescribe for purposes of this section. SEC. 4. RESTORATION OF AUTHORITY OF VETS CENTERS TO PROVIDE REFERRAL AND OTHER ASSISTANCE UPON REQUEST TO FORMER MEMBERS OF THE ARMED FORCES NOT AUTHORIZED COUNSELING. Section 1712A of title 38, United States Code, is amended by inserting after subsection (b) the following new subsection (c): ``(c) Upon receipt of a request for counseling under this section from any individual who has been discharged or released from active military, naval, or air service but who is not otherwise eligible for such counseling, the Secretary shall-- ``(1) provide referral services to assist such individual, to the maximum extent practicable, in obtaining mental health care and services from sources outside the Department; and ``(2) if pertinent, advise such individual of such individual's rights to apply to the appropriate military, naval, or air service, and to the Department, for review of such individual's discharge or release from such service.''. SEC. 5. TREATMENT OF SUICIDES OF CERTAIN FORMER MEMBERS OF THE ARMED FORCES AS DEATHS IN LINE OF DUTY FOR PURPOSES OF ELIGIBILITY OF SURVIVORS FOR CERTAIN BENEFITS. (a) Treatment as Death in Line of Duty of Suicides of Certain Former Members of the Armed Forces.--The suicide of a former member of the Armed Forces described in subsection (b) that occurs during the two-year period beginning on the date of the separation or retirement of the former member from the Armed Forces shall be treated as a death in line of duty of a member of the Armed Forces on active duty in the Armed Forces for purposes of the eligibility of the survivors of the former member for the benefits described in subsection (c). (b) Covered Former Members of the Armed Forces.--A former member of the Armed Forces described in this subsection is any former member of the Armed Forces with a medical history of a combat-related mental health condition or Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI). (c) Covered Benefits.--The benefits described in this subsection are the benefits as follows: (1) Burial benefits. (2) Benefits under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code. (3) Benefits under the laws administered by the Secretary of Veterans Affairs. (4) Benefits under the Social Security Act. (d) Dates for Purposes of Certain Determinations.-- (1) Date of death.--Except as provided in paragraph (2), for purposes of the benefits under this section, the date of death of a former member of the Armed Forces described by subsection (a) shall be the date of the separation or retirement of the former member from the Armed Forces. (2) Date for nature of eligibility.--In determining the scope and nature of the entitlement a survivor of a former member of the Armed Forces described by subsection (a) to benefits under this section, the date of death of the former member shall be the date of the suicide of the former member. (e) Refund of Reduction in Retired Pay Under SBP.--Any reduction in the retired pay of a former member of the Armed Forces described by subsection (a) under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, during the period beginning on the date of the retirement of the former member from the Armed Forces and ending on the date of the suicide of the former member shall be refunded to the surviving spouse or children, as applicable, of the former member. SEC. 6. GRANTS FOR NON-PROFIT ORGANIZATIONS FOR THE PROVISION OF EMOTIONAL SUPPORT SERVICES TO SURVIVORS OF MEMBERS OF THE ARMED FORCES AND VETERANS. (a) In General.--The Secretary of Defense shall carry out a program to award grants to non-profit organizations that provide emotional support services for survivors of deceased members of the Armed Forces (including members of the National Guard and Reserve) and deceased veterans through peers of such survivors. (b) Award of Grants.-- (1) Eligibility.--To be eligible for a grant under the program under this section a non-profit organization shall meet such criteria as the Secretary shall establish for purposes of the program. (2) Application.--A non-profit organization seeking a grant under the program shall submit to the Secretary an application for the grant in such form and manner as the Secretary shall specify for purposes of the program. (c) Grants.-- (1) Amount.--The amount of each grant awarded a non-profit organization under the program under this section shall be such amount as the Secretary determines appropriate for purposes of the program. (2) Duration.--The duration of each grant awarded a non- profit organization shall be such period as the Secretary determines appropriate for purposes of the program. (d) Use of Grant Funds.--Each non-profit organization awarded a grant under the program under this section shall utilize amounts under the grant to provide such emotional support services for survivors of deceased members of the Armed Forces (including members of the National Guard and Reserve) and deceased veterans through peers of such survivors as the Secretary shall specify in the grant. (e) Funding.--Amounts for grants under the program under this section shall be derived from amounts authorized to be appropriated for the Department of Defense for military personnel. SEC. 7. PILOT PROGRAMS ON AWARENESS ENHANCEMENT FOR MEMBERS OF THE ARMY REGARDING POST TRAUMATIC STRESS DISORDER. (a) Pilot Programs Required.--The Secretary of the Army shall carry out at each location specified in subsection (b) a pilot program to assess the feasability and advisability of various means of enhancing awareness among members of the Army of Post Traumatic Stress Disorder (PTSD). (b) Locations.--The locations specified in this subsection for the pilot programs required by subsection (a) are the following: (1) Fort Carson, Colorado. (2) Fort Leonard Wood, Missouri. (c) Activities.-- (1) In general.--The activities under the pilot programs required by subsection (a) shall include the following: (A) For members of the Army about to undergo deployment, such activities as the Secretary considers appropriate to enhance the understanding of members of the Army of-- (i) the neurophysiological effects of the stress and trauma associated with combat, including Post Traumatic Stress Disorder; and (ii) the means of eliminating or mitigating such effects after the return from combat. (B) For members of the Army undergoing deployment, appropriate reinforcement of the lessons provided through activities under subparagraph (A). (C) For members of the Army after the return from deployment, appropriate activities to assist the members in reintegrating into non-combat life. (D) For families of members of the Army who will deploy or are deployed, appropriate training and assistance (including Internet-based training and assistance) at each stage of the deployment of such members in order to assist such families and members in recognizing and addressing Post Traumatic Stress Disorder after the return of such members from deployment (2) Development of activities.--In developing activities for purposes of the pilot programs, the Secretary shall utilize lessons in addressing stress and trauma learned by other appropriate populations, including special operations forces and their communities and elite athlete communities.

Honoring Our Nation's Obligation to Returning Warriors Act or HONOR Warriors Act - Directs the Secretary of Veterans Affairs to provide scholarships to individuals pursuing education or training in behavioral health care specialties that are critical to the operations of Vet Centers (centers for readjustment counseling and related mental health services for veterans) in order to recruit and retain individuals with such specialties for service in Vet Centers. Conditions the scholarship agreeing to serve in such a capacity for whatever period the Secretary specifies in the agreement. Makes any Armed Forces member who serves in Operation Iraqi Freedom or Operation Enduring Freedom eligible for readjustment counseling and related mental health services through Vet Centers regardless of whether the member is on active duty at the time of receipt of counseling and services. Directs the Secretary, on receipt of a request for counseling from an individual who has been discharged or released from active service, to: (1) provide referrals to assist the individual in obtaining mental health care and services outside the Department of Veterans Affairs; and (2) if pertinent, advise such individual of the individual's rights to apply for review of the discharge or release. Treats the suicide of a former member that occurs within two years after separation or retirement, if the member had a medical history of a combat-related mental health condition, Post Traumatic Stress Disorder (PTSD), or Traumatic Brain Injury (TBI), as a death in line of duty for purposes of the survivors' eligibility to burial benefits and benefits under the Survivor Benefit Plan, laws administered by the Secretary, and the Social Security Act. Directs the Secretary of Defense to award grants to nonprofit organizations that provide emotional support services for survivors of deceased members of the Armed Forces and deceased veterans through the survivors' peers. Directs the Secretary of the Army to carry out at Fort Carson, Colorado, and Fort Leonard Wood, Missouri, a pilot program to assess the feasibility and advisability of various means of enhancing awareness among members of the Army of PTSD.

A bill to improve and enhance the mental health care benefits available to members of the Armed Forces and veterans, to enhance counseling and other benefits available to survivors of members of the Armed Forces and veterans, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Drug Sentencing Reform Act of 2006''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--REDUCTION OF DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER COCAINE Sec. 101. Reduction in disparity in sentencing between crack and powder cocaine. Sec. 102. Sentencing guideline conforming changes and enhancements for acts of violence during the course of a drug trafficking offense. TITLE II--INCREASED EMPHASIS ON THE DEFENDANT'S ROLE IN THE OFFENSE Sec. 201. Increase in sentence for leadership role in drug offense. Sec. 202. Limit on sentence when defendant has lesser role in the offense. Sec. 203. Elderly, nonviolent prisoner pilot program. Sec. 204. Emergency amendment authority; effective date. TITLE I--REDUCTION OF DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER COCAINE SEC. 101. REDUCTION IN DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER COCAINE. (a) Amendment of the Controlled Substances Act.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended as follows: (1) Ten-year mandatory minimum.-- (A) Decrease in amount of powder cocaine necessary to trigger mandatory minimum.--In subsection (b)(1)(A)(ii) by striking ``5 kilograms'' and inserting ``4 kilograms''. (B) Increase in amount of crack cocaine necessary to trigger mandatory minimum.--In subsection (b)(1)(A)(iii) by striking ``50 grams'' and inserting ``200 grams''. (2) Five-year mandatory minimum.-- (A) Decrease in amount of powder cocaine necessary to trigger mandatory minimum.--In subsection (b)(1)(B)(ii) by striking ``500 grams'' and inserting ``400 grams''. (B) Increase in amount of crack cocaine necessary to trigger mandatory minimum.--In subsection (b)(1)(B)(iii) by striking ``5 grams'' and inserting ``20 grams''. (b) Amendment of the Controlled Substances Import and Export Act.-- Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended as follows: (1) Ten-year mandatory minimum.-- (A) Decrease in amount of powder cocaine necessary to trigger mandatory minimum.--In subsection (b)(1)(B) by striking ``5 kilograms'' and inserting ``4 kilograms''. (B) Increase in amount of crack cocaine necessary to trigger mandatory minimum.--In subsection (b)(1)(C) by striking ``50 grams'' and inserting ``200 grams''. (2) Five-year mandatory minimum.-- (A) Decrease in amount of powder cocaine necessary to trigger mandatory minimum.--In subsection (b)(2)(B) by striking ``500 grams'' and inserting ``400 grams''. (B) Increase in amount of crack cocaine necessary to trigger mandatory minimum.--In subsection (b)(2)(C) by striking ``5 grams'' and inserting ``20 grams''. (c) Conforming Change to Penalty for Possession.--Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended in the fifth sentence by striking ``5 years'' and inserting ``1 year''. SEC. 102. SENTENCING GUIDELINE CONFORMING CHANGES AND ENHANCEMENTS FOR ACTS OF VIOLENCE DURING THE COURSE OF A DRUG TRAFFICKING OFFENSE. Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and policy statements to ensure-- (1) that guideline offense levels based upon the quantity of powder cocaine and crack cocaine are consistent with the amendments made by section 101; and (2) that the guidelines provide an appropriate additional penalty increase of from 2 to 8 offense levels if the defendant used violence, made a credible threat to use violence, directed the use or threatened use of violence, or possessed a firearm, or other dangerous weapon, during the course of a drug trafficking offense. TITLE II--INCREASED EMPHASIS ON THE DEFENDANT'S ROLE IN THE OFFENSE SEC. 201. INCREASE IN SENTENCE FOR LEADERSHIP ROLE IN DRUG OFFENSE. Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and policy statements to ensure an additional increase of at least 2 offense levels if-- (1) the defendant, as an organizer, leader, manager, or supervisor of drug trafficking activity, is subject to an aggravating role enhancement under the guidelines; and (2) the offense involved 1 or more of the following super- aggravating factors-- (A) the defendant-- (i) used another person to purchase, sell, transport, or store controlled substances; (ii) used impulse, fear, friendship, affection, or some combination thereof to involve such person in the offense; (iii) and such person had a minimum knowledge of the illegal enterprise and was to receive little or no compensation from the illegal transaction; (B) the defendant maintained an establishment for the manufacture or distribution of a controlled substance, as generally described in section 406 of the Controlled Substances Act (21 U.S.C. 856); (C) the defendant-- (i) distributed a controlled substance to a person under the age of 18 years, a person over the age of 64 years, or a pregnant individual; or (ii) involved a person under the age of 18 years, a person over the age of 64 years, or a pregnant individual in drug trafficking; (D) the defendant bribed, or attempted to bribe, a Federal, State, or local law enforcement official in connection with a drug trafficking offense; (E) the defendant was involved in the importation into the United States of a controlled substance; or (F) the defendant committed the drug trafficking offense as part of a pattern of criminal conduct engaged in as a livelihood. SEC. 202. LIMIT ON SENTENCE WHEN DEFENDANT HAS LESSER ROLE IN THE OFFENSE. Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, as appropriate, the Federal sentencing guidelines and policy statements to ensure that-- (1) if the defendant is subject to a minimal role adjustment under the guidelines, the base offense level for such a defendant based solely on drug quantity shall not exceed level 32; and (2) there shall be an additional reduction of 2 offense levels, if the defendant-- (A) otherwise qualifies for a minimal role adjustment under the guidelines and had a minimum knowledge of the illegal enterprise; (B) was to receive little or no compensation from the illegal transaction; and (C) acted on impulse, fear, friendship, or affection when the defendant was otherwise unlikely to commit such an offense. SEC. 203. ELDERLY, NONVIOLENT PRISONER PILOT PROGRAM. (a) Definitions.--In this section: (1) Crime of violence.--The term ``crime of violence'' has the meaning given the term in section 16 of title 18, United States Code. (2) Designated facility.--The term ``designated facility'' means a Federal penitentiary designated by the Attorney General as appropriate for the pilot program. (3) Director.--The term ``Director'' means the Director of the Bureau of Prisons. (4) Eligible prisoner.--The term ``eligible prisoner'' means a prisoner in the custody of the Bureau of Prisons who-- (A) is not less than 65 years of age; (B) is serving a term of imprisonment after conviction for an offense other than a crime of violence and has served the greater of 10 years or \1/ 2\ of the term of imprisonment; (C) has not been convicted in the past of any Federal or State crime of violence; (D) has not been determined by the Bureau of Prisons, on the basis of information the Bureau uses to make custody classifications, and in the sole discretion of the Bureau, to have a history of violence; (E) has not escaped, or attempted to escape, from a Bureau of Prisons facility; and (F) has not been determined by the Director, pursuant to the disciplinary system of the Bureau of Prisons, to have committed an infraction involving an act of violence. (5) Home detention.--The term ``home detention'' has the same meaning given the term in the Federal Sentencing Guidelines, and includes detention in a nursing home or other residential long-term care facility. (6) Pilot program.--The term ``pilot program'' means the pilot program carried out in accordance with this section. (7) Term of imprisonment.--The term ``term of imprisonment'' includes multiple terms of imprisonment ordered to run consecutively or concurrently, which shall be treated as a single, aggregate term of imprisonment for purposes of this section. (b) Program Established.-- (1) In general.--Notwithstanding section 3624 of title 18, United States Code, or any other provision of law, the Director shall carry out a pilot program at 1 or more designated facilities, under which the Director shall, in accordance with paragraph (2), place each prisoner who is determined to be an eligible prisoner on home detention until the date on which the term of imprisonment to which the eligible prisoner was sentenced expires. (2) Timing of release.--In carrying out the pilot program, the Director shall place an eligible prisoner on home detention under paragraph (1)-- (A) with respect to a prisoner who is determined to be an eligible prisoner on or before the date that is 90 days after the date of enactment of this Act, not later than 180 days after the date of enactment of this Act; and (B) with respect to a prisoner who is determined to be an eligible prisoner after the date that is 90 days after the date of enactment of this Act and before the date that is 3 years and 91 days after such date of enactment, not later than 90 days after the date of such determination. (3) Violation of terms of home detention.--A violation of the terms of the home detention, including the commission of another Federal, State, or local crime, shall result in the return of an eligible prisoner to the form of custody of that prisoner prior to being placed on home detention. (c) Program Evaluation.-- (1) In general.--The Director shall contract with an independent organization to monitor and evaluate the progress of each prisoner released under the pilot program during the 3- year period beginning on the date of such release. (2) Annual report.--The organization described in paragraph (1) shall annually submit to the Director and to Congress a report on the pilot program, which shall include-- (A) an evaluation of the effectiveness of the pilot program in providing successful transition to eligible prisoners from incarceration to the community, including data relating to the recidivism rates for those prisoners; and (B) the cost savings to the Federal Government resulting from the early removal of eligible prisoners from incarceration. SEC. 204. EMERGENCY AMENDMENT AUTHORITY; EFFECTIVE DATE. (a) Emergency Amendment Authority.-- (1) In general.--The United States Sentencing Commission, in its discretion, may-- (A) promulgate amendments pursuant to the directives in this Act in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note), as though the authority under that section had not expired; and (B) pursuant to the emergency authority provided in paragraph (1), make such conforming amendments to the Sentencing Guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. (2) Promulgation.--The Commission shall promulgate any amendments under paragraph (1) promptly, so that the amendments take effect on the same date as the amendments made by this Act. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), this Act and the amendments made by this Act shall apply to any offense committed on or after 180 days after the date of enactment of this Act. There shall be no retroactive application of any portion of this Act. (2) Applicability.--This subsection shall not apply to section 203 of this Act.

Drug Sentencing Reform Act of 2006 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to to decrease mandatory minimum sentencing thresholds for powder cocaine and increase such thresholds for crack cocaine. Directs the U.S. Sentencing Commission to review and amend federal sentencing guidelines to: (1) reflect changes to mandatory minimum sentences made by this Act; (2) provide increased sentences for defendants who use violence or weapons in the course of a drug trafficking offense or who play an active role in the commission of such offenses; and (3) limit sentencing for defendants who play a lesser role in the commission of drug offenses and who receive little or no compensation from their crime. Requires the Director of the Bureau of Prisons to carry out a pilot program for home detention of nonviolent prisoners age 65 or older.

A bill to reduce the disparity in punishment between crack and powder cocaine offenses, to more broadly focus the punishment for drug offenders on the seriousness of the offense and the culpability of the offender, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saint Helena Island National Scenic Area Act''. SEC. 2. ESTABLISHMENT OF SAINT HELENA ISLAND NATIONAL SCENIC AREA. (a) Purpose.--The purposes of this Act are-- (1) to preserve and protect for present and future generations the outstanding resources and values of Saint Helena Island in Lake Michigan, Michigan, and (2) to provide for the conservation, protection, and enhancement of primitive recreation opportunities, fish and wildlife habitat, vegetation, and historical and cultural resources of such island. (b) Establishment.--For the purposes described in subsection (a), there shall be established the Saint Helena Island National Scenic Area (hereinafter referred to in this Act as the ``scenic area''). (c) Effective Upon Conveyance.--Subsection (b) shall be effective upon conveyance of satisfactory title to the United States of the whole of Saint Helena Island, except that portion to be conveyed to the Great Lakes Lighthouse Keepers Association pursuant to section 1001 of the Coast Guard Authorization Act of 1996 (110 Stat. 3948). SEC. 3. BOUNDARIES. (a) Saint Helena Island.--The scenic area shall comprise all of Saint Helena Island, in Lake Michigan, Michigan, and all associated rocks, pinnacles, islands, and islets within one-eighth mile of the shore of Saint Helena Island. (b) Boundaries of Hiawatha National Forest Extended.--Upon establishment of the scenic area, the boundaries of the Hiawatha National Forest shall be extended to include all of the lands within the scenic area. All such extended boundaries shall be deemed boundaries in existence as of January 1, 1965, for the purposes of section 8 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9). (c) Payments to Local Governments.--Solely for purposes of payments to local governments pursuant to section 6902 of title 31, United States Code, lands acquired by the United States under this Act shall be treated as entitlement lands. SEC. 4. ADMINISTRATION AND MANAGEMENT. (a) Administration.--Subject to valid existing rights, the Secretary of Agriculture (hereafter in this Act referred to as the ``Secretary'') shall administer the scenic area in accordance with the laws, rules, and regulations applicable to the National Forest System in furtherance of the purposes of this Act. (b) Special Management Requirements.--Within 3 years of the date of enactment of this Act, the Secretary shall develop a management plan for the scenic area as an amendment to the Land and Resources Management Plan for the Hiawatha National Forest. Such an amendment shall conform to the provisions of this Act. Nothing in this Act shall require the Secretary to revise the Land and Resource Management Plan for the Hiawatha National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974. In developing a plan for management of the scenic area, the Secretary shall address the following special management considerations: (1) Public access.--Alternative means for providing public access from the mainland to the scenic area shall be considered, including any available existing services and facilities, concessionaires, special use permits, or other means of making public access available for the purposes of this Act. (2) Roads.--After the date of enactment of this Act, no new permanent roads shall be constructed within the scenic area. (3) Vegetation management.--No timber harvest shall be allowed within the scenic area, except as may be necessary in the control of fire, insects, and diseases, and to provide for public safety and trail access. Notwithstanding the foregoing, the Secretary may engage in vegetation manipulation practices for maintenance of wildlife habitat and visual quality. Trees cut for these purposes may be utilized, salvaged, or removed from the scenic area as authorized by the Secretary. (4) Motorized travel.--Motorized travel shall not be permitted within the scenic area, except on the waters of Lake Michigan, and as necessary for administrative use in furtherance of the purposes of this Act. (5) Fire.--Wildfires shall be suppressed in a manner consistent with the purposes of this Act, using such means as the Secretary deems appropriate. (6) Insects and disease.--Insect and disease outbreaks may be controlled in the scenic area to maintain scenic quality, prevent tree mortality, or to reduce hazards to visitors. (7) Dockage.--The Secretary shall provide through concession, permit, or other means docking facilities consistent with the management plan developed pursuant to this section. (8) Safety.--The Secretary shall take reasonable actions to provide for public health and safety and for the protection of the scenic area in the event of fire or infestation of insects or disease. (c) Consultation.--In preparing the comprehensive management plan, the Secretary shall consult with appropriate State and local government officials, provide for full public participation, and consider the views of all interested parties, organizations, and individuals. SEC. 5. FISH AND GAME. Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Michigan with respect to fish and wildlife in the scenic area. SEC. 6. MINERALS. Subject to valid existing rights, the lands within the scenic area are hereby withdrawn from location, entry, and patent under the United States mining laws and from disposition under all laws pertaining to mineral leasing, including all laws pertaining to geothermal leasing. Also subject to valid existing rights, the Secretary shall not allow any mineral development on federally owned land within the scenic area, except that common varieties of mineral materials, such as stone and gravel, may be utilized only as authorized by the Secretary to the extent necessary for construction and maintenance of roads and facilities within the scenic area. SEC. 7. ACQUISITION. (a) Acquisition of Lands Within the Scenic Area.--The Secretary shall acquire by purchase from willing sellers, gift, or exchange, lands, waters, structures, or interests therein, including scenic or other easements, within the boundaries of the scenic area to further the purposes of this Act. (b) Acquisition of Other Lands.--The Secretary may acquire by purchase from willing sellers, gift, or exchange, lands or structures on the mainland to the extent necessary for access to and administrative facilities for the scenic area. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Acquisition of Lands.--There are hereby authorized to be appropriated such sums as may be necessary for the acquisition of land, interests in land, or structures within the scenic area and on the mainland as needed for access and administrative facilities. (b) Other Purposes.--In addition to the amounts authorized to be appropriated under subsection (a), there are authorized to be appropriated such sums as may be necessary for development to carry out the other purposes of this Act.

Saint Helena Island National Scenic Area Act - Establishes the Saint Helena Island National Scenic Area, upon conveyance of such Island to the United States, to preserve and protect its outstanding resources and values and to provide for the conservation, protection, and enhancement of primitive recreation opportunities, fish and wildlife habitat, vegetation, and historical and cultural resources of such Island. Requires the boundaries of the Hiawatha National Forest to be extended to include such Area. Requires lands acquired by the United States under this Act to be treated as entitlement lands solely for purposes of payments in lieu of taxes to local governments. Requires the Secretary of Agriculture to develop a management plan for the Area as an amendment to the Land and Resources Management Plan for the Hiawatha National Forest. Provides that nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of Michigan with respect to fish and wildlife in the Area. Withdraws the lands within the Area from U.S. mining laws and from disposition under mineral and geothermal leasing laws. Prohibits the Secretary from allowing any mineral development on federally-owned land within the Area, except for construction and maintenance of roads and facilities within the Area. Allows the Secretary to acquire land and structures: (1) within the Area to further the purposes of this Act; and (2) on the mainland to the extent necessary for access to, and administrative facilities for, the Area. Authorizes appropriations.

Saint Helena Island National Scenic Area Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Assurance of Radiologic Excellence Act of 2006''. SEC. 2. PURPOSE. The purpose of this Act is to improve the quality and value of healthcare by increasing the safety and accuracy of medical imaging examinations and radiation therapy treatments, thereby reducing duplication of services and decreasing costs. SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. Part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by adding at the end the following: ``Subpart 4--Medical Imaging and Radiation Therapy ``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY. ``(a) Establishment of Standards.-- ``(1) In general.--The Secretary, in consultation with recognized experts in the technical provision of medical imaging and radiation therapy services, shall establish standards to ensure the safety and accuracy of medical imaging studies and radiation therapy treatments. Such standards shall pertain to the personnel who perform, plan, evaluate, or verify patient dose for medical imaging studies and radiation therapy procedures and not to the equipment used. ``(2) Experts.--The Secretary shall select expert advisers under paragraph (1) to reflect a broad and balanced input from all sectors of the health care community that are involved in the provision of such services to avoid undue influence from any single sector of practice on the content of such standards. ``(3) Limitation.--The Secretary shall not take any action under this subsection that would require licensure by a State of those who provide the technical services referred to in this subsection. ``(b) Exemptions.--The standards established under subsection (a) shall not apply to physicians (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))), nurse practitioners and physician assistants (as defined in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5))). ``(c) Requirements.-- ``(1) In general.--Under the standards established under subsection (a), the Secretary shall ensure that individuals, prior to performing or planning medical imaging and radiation therapy services, demonstrate compliance with the standards established under subsection (a) through successful completion of certification by a professional organization, licensure, completion of an examination, pertinent coursework or degree program, verified pertinent experience, or through other ways determined appropriate by the Secretary, or through some combination thereof. ``(2) Miscellaneous provisions.--The standards established under subsection (a)-- ``(A) may vary from discipline to discipline, reflecting the unique and specialized nature of the technical services provided, and shall represent expert consensus as to what constitutes excellence in practice and be appropriate to the particular scope of care involved; ``(B) may vary in form for each of the covered disciplines; and ``(C) may exempt individual providers from meeting certain standards based on their scope of practice. ``(3) Recognition of individuals with extensive practical experience.--For purposes of this section, the Secretary shall, through regulation, provide a method for the recognition of individuals whose training or experience are determined to be equal to, or in excess of, those of a graduate of an accredited educational program in that specialty, or of an individual who is regularly eligible to take the licensure or certification examination for that discipline. ``(d) Approved Bodies.-- ``(1) In general.--Not later than the date described in subsection (j)(2), the Secretary shall begin to certify qualified entities as approved bodies with respect to the accreditation of the various mechanisms by which an individual can demonstrate compliance with the standards promulgated under subsection (a), if such organizations or agencies meet the standards established by the Secretary under paragraph (2) and provide the assurances required under paragraph (3). ``(2) Standards.--The Secretary shall establish minimum standards for the certification of approved bodies under paragraph (1) (including standards for recordkeeping, the approval of curricula and instructors, the charging of reasonable fees for certification or for undertaking examinations, and standards to minimize the possibility of conflicts of interest), and other additional standards as the Secretary may require. ``(3) Assurances.--To be certified as an approved body under paragraph (1), an organization or agency shall provide the Secretary satisfactory assurances that the body will-- ``(A) be a nonprofit organization; ``(B) comply with the standards described in paragraph (2); ``(C) notify the Secretary in a timely manner if the body fails to comply with the standards described in paragraph (2); and ``(D) provide such other information as the Secretary may require. ``(4) Withdrawal of approval.-- ``(A) In general.--The Secretary may withdraw the certification of an approved body if the Secretary determines the body does not meet the standards under paragraph (2). ``(B) Effect of withdrawal.--The withdrawal of the certification of an approved body under subparagraph (A) shall have no effect on the certification status of any individual or person that was certified by that approved body prior to the date of such withdrawal. ``(e) Existing State Standards.--Standards established by a State for the licensure or certification of personnel, accreditation of educational programs, or administration of examinations shall be deemed to be in compliance with the standards of this section unless the Secretary determines that such State standards do not meet the minimum standards prescribed by the Secretary or are inconsistent with the purposes of this section. The Secretary shall establish a process by which a State may respond to or appeal a determination made by the Secretary under the preceding sentence. ``(f) Rule of Construction.--Nothing in this section shall be construed to prohibit a State or other approved body from requiring compliance with a higher standard of education and training than that specified by this section. Notwithstanding any other provision of this section, individuals who provide medical imaging services relating to mammograms shall continue to meet the standards applicable under the Mammography Quality Standards Act of 1992. ``(g) Evaluation and Report.--The Secretary shall periodically evaluate the performance of each approved body under subsection (d) at an interval determined appropriate by the Secretary. The results of such evaluations shall be included as part of the report submitted to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives in accordance with 354(e)(6)(B). ``(h) Delivery of and Payment for Services.--Not later than the date described in subsection (j)(3), the Secretary shall promulgate regulations to ensure that all programs under the authority of the Secretary that involve the performance of or payment for medical imaging or radiation therapy, are performed in accordance with the standards established under this section. ``(i) Alternative Standards for Rural and Underserved Areas.-- ``(1) In general.--The Secretary shall determine whether the standards established under subsection (a) must be met in their entirety for medical imaging or radiation therapy that is performed in a geographic area that is determined by the Medicare Geographic Classification Review Board to be a `rural area' or that is designated as a health professional shortage area. If the Secretary determines that alternative standards for such rural areas or health professional shortage areas are appropriate to assure access to quality medical imaging, the Secretary is authorized to develop such alternative standards. ``(2) State discretion.--The chief executive officer of a State may submit to the Secretary a statement declaring that an alternative standard developed under paragraph (1) is inappropriate for application to such State, and such alternative standard shall not apply in such submitting State. The chief executive officer of a State may rescind a statement described in this paragraph following the provision of appropriate notice to the Secretary. ``(j) Applicable Timelines.-- ``(1) General implementation regulations.--Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate such regulations as may be necessary to implement all standards in this section except those provided for in subsection (d)(2). ``(2) Minimum standards for certification of approved bodies.--Not later than 24 months after the date of enactment of this section, the Secretary shall establish the standards regarding approved bodies referred to in subsection (d)(2) and begin certifying approved bodies under such subsection. ``(3) Regulations for delivery of or payment for services.--Not later than 36 months after the date of enactment of this section, the Secretary shall promulgate the regulations described in subsection (h). The Secretary may withhold the provision of Federal assistance as provided for in subsection (h) beginning on the date that is 48 months after the date of enactment of this section. ``(k) Definitions.--In this section: ``(1) Approved body.--The term `approved body' means an entity that has been certified by the Secretary under subsection (d)(1) to accredit the various mechanisms by which an individual can demonstrate compliance with the standards promulgated under subsection (a) with respect to performing, planning, evaluating, or verifying patient dose for medical imaging or radiation therapy. ``(2) Medical imaging.--The term `medical imaging' means any procedure used to visualize tissues, organs, or physiologic processes in humans for the purpose of diagnosing illness or following the progression of disease. Images may be produced utilizing ionizing radiation, radiopharmaceuticals, magnetic resonance, or ultrasound and image production may include the use of contrast media or computer processing. For purposes of this section, such term does not include routine dental diagnostic procedures. ``(3) Perform.--The term `perform', with respect to medical imaging or radiation therapy, means-- ``(A) the act of directly exposing a patient to radiation via ionizing or radio frequency radiation, to ultrasound, or to a magnetic field for purposes of medical imaging or for purposes of radiation therapy; and ``(B) the act of positioning a patient to receive such an exposure. ``(4) Plan.--The term `plan', with respect to medical imaging or radiation therapy, means the act of preparing for the performance of such a procedure to a patient by evaluating site-specific information, based on measurement and verification of radiation dose distribution, computer analysis, or direct measurement of dose, in order to customize the procedure for the patient. ``(5) Radiation therapy.--The term `radiation therapy' means any procedure or article intended for use in the cure, mitigation, treatment, or prevention of disease in humans that achieves its intended purpose through the emission of radiation. ``(l) Sunset.--This section shall have no force or effect after September 30, 2016.''. SEC. 4. REPORT ON THE EFFECTS OF THIS ACT. (a) Not later than 5 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the effects of this Act. Such report shall include the types and numbers of providers for whom standards have been developed, the impact of such standards on diagnostic accuracy and patient safety, and the availability and cost of services. Entities reimbursed for technical services through programs operating under the authority of the Secretary of Health and Human Services shall be required to contribute data to such report. Passed the Senate December 6, 2006. Attest: EMILY J. REYNOLDS, Secretary.

Consumer Assurance of Radiologic Excellence Act of 2006 - (Sec. 3) Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish standards to ensure the safety and accuracy of medical imaging studies and radiation therapy treatments. Imposes such standards on personnel who perform, plan, or evaluate, or verify patient doses for, medical imaging studies and radiation therapy procedures and not on the equipment used. Exempts physicians, nurse practitioners, and physician assistants. Directs the Secretary to ensure that individuals demonstrate compliance through successful completion of certification by a professional organization, licensure, completion of an examination, pertinent coursework or degree program, or verified pertinent experience. Allows the standards to: (1) vary from discipline to discipline, represent expert consensus as to what constitutes excellence in practice, and be appropriate to the particular scope of care involved; (2) vary in form for each of the covered disciplines; and (3) exempt individual providers from meeting certain standards based on their scope of practice. Requires the Secretary to provide a method for the recognition of individuals whose training and experience are determined to equal or exceed that of: (1) a graduate of an accredited educational program in that specialty; or (2) an individual who is regularly eligible to take the licensure or certification examination for that discipline. Directs the Secretary to certify bodies for accreditation of various mechanisms by which an individual can demonstrate compliance with the standards. Requires the Secretary to establish minimum standards for certification, including assurances that the body will: (1) be a nonprofit organization; (2) comply with the established standards; and (3) notify the Secretary in a timely manner if it fails to comply. Allows the Secretary to withdraw certification upon determining the body does not meet the required standards. Deems state standards for licensure or certification of personnel, accreditation of educational programs, or administration of examinations to be in compliance with standards under this Act unless the Secretary determines they do not meet minimum standards or are inconsistent with this Act. Requires the Secretary to establish an appeal process. Requires the Secretary to: (1) evaluate the performance of each approved body; (2) ensure that programs that involve the performance of or payment for medical imaging or radiation therapy meet such standards; and (3) determine whether such standards must be met in their entirety in rural areas. Authorizes the Secretary to develop alternative standards for rural areas or health professional shortage areas to assure access to quality medical imaging. Sets forth a timeline for the implementation of the standards under this Act. (Sec. 4) Sets forth reporting requirements.

A bill to amend the Public Health Service Act to make the provision of technical services for medical imaging examinations and radiation therapy treatments safer, more accurate, and less costly.

SECTION 1. ESTABLISHMENT OF STATE DEPARTMENT REVIEW PANEL. (a) Findings and Purpose.--The Congress makes the following findings: (1) The Department of State, established in 1789, is responsible for representing the worldwide interests of the United States and its citizens and for advancing the policies of the United States Government. (2) The Department operates 288 posts in more than 160 countries throughout the world, has approximately 24,000 full- time staff, and spends a budget of approximately $7,061,000,000. (3) There have been dramatic changes in the world in which the Department must function, including changes in technology, changes in religious, ethnic, and regional conflicts, and changes in economic, political, and military relationships. Yet, there has been little change in the organization and structure of the Department or its posts throughout the world. (4) The Department and all United States diplomatic efforts should be the subject of a comprehensive review by an independent panel to assess how the Department can best fulfill its mission in the 21st century and meet the challenges of a rapidly changing world. (b) Establishment.--Not later than December 1, 2001, the Congress shall establish a nonpartisan independent panel to be known as the Department of State Review Panel (in this section referred to as the ``Panel''). The Panel shall have the duties set forth in this section. (c) Membership.-- (1) The Panel shall be composed of 10 members who are individuals in the private sector who are recognized experts in matters relating to foreign affairs and the national security of the United States. (2) Members of the Panel shall be appointed as follows: (A) 3 members appointed by the Speaker of the House of Representatives. (B) 3 members appointed by the Majority Leader of the Senate. (C) 2 members appointed by the Minority Leader of the House of Representatives. (D) 2 members appointed by the Minority Leader of the Senate. (3) The Panel shall have a chairman who shall be selected by the members of the panel from among the members. (d) Report.--Not later than 12 months after the appointment of the last member to the Panel, the Panel shall prepare and submit to the Congress a comprehensive report. The report shall include the following: (1) A review of current structures of the Department of State and related agencies, including the organization and operation of the embassies and consulates of the United States abroad, to determine how best to efficiently and effectively-- (A) represent the interests of the United States throughout the world; (B) advance the policies of the United States; (C) cooperate and integrate with other government agencies and departments, including the Department of Defense, the Department of Commerce, and the Office of the United States Trade Representative, the Agency for International Development (AID), and the intelligence agencies of the United States; and (D) meet the anticipated roles and missions of such entities in the future. (2) Recommendations on any structural reorganization at the Department of State and United States embassies and consulates, including, but not limited to, the following: (A) Whether any geographical desks should be added, combined, or eliminated, including an examination of whether an ``American Affairs'' desk should be established within the Office of the Under Secretary for Political Affairs. (B) Whether any of the Under or Assistant Secretaries of State should be combined, eliminated, or created, including an examination of whether an Under Secretary for ``Future Affairs'' needs to be established to analyze and assess future challenges for the Department. (C) Whether a member of the Armed Forces should be stationed at each embassy and whether a member of any other department should be stationed at all or specific embassies worldwide. (D) Whether Members of the Foreign Service serving in other Federal agencies should be merged into the Department of State. (3) Suggestions for changes in organization and process to ensure that future United States diplomatic efforts are successful. (4) Suggestions for changes in structures to better formulate and implement the foreign policy of the United States. (5) An independent assessment of the challenges the Department of State may face through the year 2020 and beyond. (6) A comprehensive review of how the Department of State, the embassies and consulates of the United States, and diplomatic and other personnel and delegations are organized to handle efficiently future risks, including any recommended structural or internal changes that may be necessary to meet future challenges to the national interest of the United States. (7) The planning assumptions used in the Panel's review, including, but not limited to, assumptions relating to cooperation, communication with allies, levels of risk, real- time situational awareness, and instantaneous communication. (8) An examination of the Department of State's forward presence and pre-positioning necessary for negotiation and conflict deterrence in response to anticipated threats and conflicts. (9) An examination of the current information infrastructure and technologies at the Department of State and recommendations on how these technologies need to be updated, changed, or replaced for optimum utilization by the year 2005 and beyond. (10) The vulnerability of United States technology to nontraditional threats, such as information warfare, and the effect of this vulnerability on Department of State operations and missions. (11) Future scenarios requiring a Department of State response, including scenarios in response to nontraditional threats. (e) Information From Federal Agencies.--The Panel may secure directly from the Department of State and from any other Federal department and agency such information as the Panel considers necessary to carry out its duties under this section. The head of the department or agency concerned shall ensure that information requested by the Panel under this subsection is promptly provided. (f) Personnel Matters.-- (1) Each member of the Panel shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Panel. (2) The members of the Panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Panel. (3)(A) The chairman of the Panel may, without regard to the civil service laws and regulations, appoint and terminate an executive director, and a staff of not more than 4 additional individuals, if the Panel determines that an executive director and staff are necessary in order for the Panel to perform its duties effectively. The employment of an executive director shall be subject to confirmation by the Panel. (B) The chairman may fix the compensation of the executive director without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Any Federal Government employee may be detailed to the Panel without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. The Secretary shall ensure that sufficient personnel are detailed to the Panel to enable the Panel to carry out its duties effectively. (5) To the maximum extent practicable, the members and employees of the Panel shall travel on government aircraft, ships, vehicles, or other conveyances when travel is necessary in the performance of a duty of the Panel, except that no such aircraft, ship, vehicle, or other conveyance may be scheduled primarily for the transportation of any such member or employee when the cost of commercial transportation is less expensive. (g) Administrative Provisions.-- (1) The Panel may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. (2) The Secretary of State shall furnish the Panel any administrative and support services requested by the Panel. (3) The Panel may accept, use, and dispose of gifts or donations of services or property. (h) Payment of Panel Expenses.--The compensation, travel expenses, and per diem allowances of members and employees of the Panel shall be paid out of funds available to the Department of State for the payment of compensation, travel allowances, and per diem allowances, respectively, of civilian employees of the Department. The other expenses of the Panel shall be paid out of funds available to the Department for the payment of similar expenses incurred by the Department. (i) Sunset Provision.--The Panel shall terminate 6 months after the submission of a final report to the Congress under subsection (d).

Directs Congress to establish a nonpartisan independent Department of State Review Panel, which shall report to Congress on its review of the following matters concerning Department of State organization and operations: (1) current Department structures and possible reorganization; (2) changes to ensure effective diplomacy and implementation of U.S. foreign policy; (3) challenges through the year 2020 and beyond; (4) efficient handling of future risks; (5) planning assumptions; (6) positioning necessary for negotiation and conflict deterrence; (7) information infrastructure and technology; (8) the vulnerability of U.S. technology to nontraditional threats, such as information warfare; and (9) future scenarios requiring a Department response.

To establish an independent nonpartisan review panel to assess how the Department of State can best fulfill its mission in the 21st century and meet the challenges of a rapidly changing world.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ultrasound Informed Consent Act''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXXIV--INFORMED CONSENT ``SEC. 3401. DEFINITIONS. ``In this title: ``(1) Abortion.--The term `abortion' means the intentional use or prescription of any instrument, medicine, drug, substance, device, or method to terminate the life of an unborn child, or to terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(A) to produce a live birth and preserve the life and health of the child after live birth; or ``(B) to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. ``(2) Abortion provider.--The term `abortion provider' means any person legally qualified to perform an abortion under applicable Federal and State laws. ``(3) Unborn child.--The term `unborn child' means a member of the species homo sapiens, at any stage of development prior to birth. ``(4) Unemancipated minor.--The term `unemancipated minor' means a minor who is subject to the control, authority, and supervision of his or her parent or guardian, as determined under State law. ``(5) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority.''. SEC. 3. REQUIREMENT OF INFORMED CONSENT. ``(a) Requirement of Compliance by Providers.--Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion, shall comply with the requirements of this title. ``(b) Performance and Review of Ultrasound.--Prior to a woman giving informed consent to having any part of an abortion performed, the abortion provider who is to perform the abortion, or an agent under the supervision of the provider, shall-- ``(1) perform an obstetric ultrasound on the pregnant woman; ``(2) provide a simultaneous explanation of what the ultrasound is depicting; ``(3) display the ultrasound images so that the pregnant woman may view them; and ``(4) provide a complete medical description of the ultrasound images, which shall include all of the following: the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of external members and internal organs if present and viewable. ``(c) Ability To Turn Eyes Away.--Nothing in this section shall be construed to prevent a pregnant woman from turning her eyes away from the ultrasound images required to be displayed and described to her. Neither the abortion provider nor the pregnant woman shall be subject to any penalty under this title if the pregnant woman declines to look at the displayed ultrasound images.''. SEC. 4. EXCEPTION FOR MEDICAL EMERGENCIES. ``(a) Exception.--The provisions of section 3402 shall not apply to an abortion provider if the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(b) Certification.--Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall include in the medical file of the pregnant woman a truthful and accurate certification of the specific medical circumstances that support such determination.''. SEC. 5. PENALTIES FOR FAILURE TO COMPLY. ``(a) Civil Penalties.-- ``(1) In general.--The Attorney General may commence a civil action in Federal court under this section against any abortion provider who knowingly commits an act constituting a violation of this title for a penalty in an amount not to exceed-- ``(A) $100,000 for each such violation that is adjudicated in the first proceeding against such provider under this title; and ``(B) $250,000 for each violation of this title that is adjudicated in a subsequent proceeding against such provider under this title. ``(2) Notification.--Upon the assessment of a civil penalty under paragraph (1), the Attorney General shall notify the appropriate State medical licensing authority. ``(b) Private Right of Action.--A woman upon whom an abortion has been performed in violation of this title may commence a civil action against the abortion provider for any violation of this title for actual and punitive damages. For purposes of the preceding sentence, actual damages are objectively verifiable money damages for all injuries.''. SEC. 6. PREEMPTION. Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act. SEC. 7. SEVERABILITY. If any provision of this Act, or any application thereof, is found to be unconstitutional, the remainder of this Act and any application thereof shall not be affected by such finding.

Ultrasound Informed Consent Act This bill amends the Public Health Service Act to require abortion providers, before a woman gives informed consent to any part of an abortion: (1) perform an obstetric ultrasound on the pregnant woman; (2) provide a simultaneous explanation of what the ultrasound is depicting; (3) display the ultrasound images so the woman may view them; and (4) provide a complete medical description of the images, including the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of external members and internal organs if present and viewable. The bill establishes civil penalties for violations. It prohibits construing this bill to require a woman to view the images or penalizing the provider or the woman if the woman declines to look at the images.

Ultrasound Informed Consent Act

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Part-time Student Assistance Act''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. SUPPORT FOR WORKING STUDENTS: INCREASES IN INCOME PROTECTION ALLOWANCES. (a) Dependent Students.--Section 475(g)(2) (20 U.S.C. 1087oo(g)(2)) is amended by striking subparagraph (D) and inserting the following: ``(D) an income protection allowance of $9,000;''. (b) Independent Students Without Dependents Other Than a Spouse.-- Section 476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A)) is amended by striking clause (iv) and inserting the following: ``(iv) an income protection allowance of $12,000;''. (c) Independent Students With Dependents Other Than a Spouse.-- Section 477(b) (20 U.S.C. 1087qq(b)) is amended-- (1) in paragraph (1)-- (A) by striking subparagraph (D) and inserting the following: ``(D) an income protection allowance of $12,000;''; and (B) in subparagraph (E), by striking ``paragraph (5)'' and inserting ``paragraph (4)''; (2) by striking paragraph (4); and (3) by redesignating paragraph (5) as paragraph (4). (d) Conforming Amendments.--Section 478 (20 U.S.C. 1087rr) is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Income Protection Allowance.--For each academic year after academic year 1993-1994, the Secretary shall publish in the Federal Register a revised table of income protection allowances for the purpose of section 475(c)(4). Such revised table shall be developed by increasing each of the dollar amounts contained in the table in such section by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) between December 1992 and the December next preceding the beginning of such academic year, and rounding the result to the nearest $10.''; and (2) in subsection (h)-- (A) in the first sentence, by striking ``477(b)(5)'' and inserting ``477(b)(4)''; and (B) in the second sentence-- (i) by striking ``477(b)(5)(A)'' and inserting ``477(b)(4)(A)''; and (ii) by striking ``477(b)(5)(B)'' and inserting ``477(b)(4)(B)''. SEC. 3. EXEMPTING EARNED INCOME CREDITS FROM THE CALCULATION OF INCOME. Section 480(a)(2) (20 U.S.C. 1087vv(a)(2)) is amended by inserting ``or section 32'' after ``section 25A''. SEC. 4. CHILD CARE MEANS PARENTS IN SCHOOL. (a) Minimum Grant.--Section 419N(b)(2)(B) (20 U.S.C. 1070e(b)(2)(B)) is amended by striking ``$10,000'' and inserting ``$30,000''. (b) Eligible Institutions.--Section 419N(b)(4) is amended by striking ``$350,000'' and inserting ``$250,000''. (c) Income Eligibility.--Section 419N(b)(7) is amended by striking ``who is eligible to receive'' and inserting ``whose income qualifies for eligibility for''. (d) Publicity.--Section 419N(b) is further amended by adding at the end the following new paragraph: ``(8) Publicity.--The Secretary shall publicize the availability of grants under this section in appropriate periodicals in addition to publication in the Federal Register, and shall inform appropriate educational organizations of such availability.''. (e) Authorization of Appropriations.--Section 419N(g) is amended by striking ``$45,000,000 for fiscal year 1999'' and inserting ``$75,000,000 for fiscal year 2005''. SEC. 5. YEAR-ROUND PELL GRANTS. Section 401 (20 U.S.C. 1070a) is amended by adding at the end the following new subsection: ``(k) Year-Round Pell Grants.-- ``(1) Pilot program established.--The Secretary shall establish in accordance with this subsection a year-round Pell grant pilot program. Any institution of higher education that desires to participate in the program under this subsection shall submit an application the Secretary at such time and containing or accompanied by such information and assurances as the Secretary may require. The Secretary may select not more than 200 institutions of higher education for participation in the program. The Secretary shall give preference in such selection to those associate's and bachelor's degree-granting institutions that, as determined under paragraph (3), have the highest completion and graduation rates, respectively. ``(2) Program elements.--With respect to students enrolled in institutions participating in the program under this subsection, the Secretary is authorized-- ``(A) to award such students two Pell grants in one calendar year to permit such students to accelerating progress towards their degree or certificate objectives by enrolling in academic programs for 12 rather than 9 months of the year at participating institutions; and ``(B) to award such two Pell grants to such students in a total amount up to 133 percent of the maximum Pell under subsection (b)(2)(A) that is applicable for the academic year. ``(3) Limitation.--The Secretary shall limit the awarding of additional Pell grants under this subsection in a single calendar year to students who attend associate's and bachelor's degree-granting institutions with the following characteristics: ``(A) In the case of an associate's degree-granting institution, the completion rate for the institution of higher education reported by the Integrated Postsecondary Education Data System for the preceding 3 academic years has improved by a total of at least 10 percent. ``(B) In the case of a bachelor's degree-granting institution-- ``(i) the graduation rate for the institution of higher education reported by the Integrated Postsecondary Education Data System for the preceding 5 academic years is at least 50 percent; and ``(ii) the average time of enrollment required to complete a degree at the institution among students who enter as freshman and earn bachelor's degrees is 14 or fewer quarters, or 9 or fewer semesters or the equivalent. ``(4) Termination; evaluation.--The authority of the Secretary under this subsection shall cease to be effective on October 1, 2009. Not later than October 1, 2008, the Secretary shall conduct an evaluation of the program under this subsection and submit to the Congress a report on the results of such evaluation.''. SEC. 6. ADDITIONAL FIPSE PROGRAM. (a) Purpose.--It is the purpose of this section-- (1) to allow a demonstration program that is strictly monitored by the Department of Education to test creative measure for improving the availability of higher education for part-time students; (2) to provide for increased access for part-time students; and (3) to help determine the most effective assistance for part-time students. (b) New Program Authorized.--Section 741(a) (20 U.S.C. 1138(a)) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8); and (3) by adding at the end the following new paragraph: ``(9) creating a program to create a holistic approach to addressing the needs of part-time students at not more than 150 associates and bachelors degree-granting institutions that would include grants, leveraging funds from non-Federal sources, comprehensive child care, and better tailored remedial course programs.''. (c) Notification and Reports.--Section 743 (20 U.S.C. 1138b) is amended by adding at the end the following new subsections: ``(c) Procedures and Authorization for Part-Time Student Program.-- ``(1) Application.--An eligible entity that desires to receive a grant under subsection (b)(9) shall submit an application to the Secretary in such manner and form, containing such information and assurances, as the Secretary may reasonably require. ``(2) Selection procedures.--The Secretary shall by regulation develop a formal procedure for the submissions of applications for grants under subsection (b)(9) and shall publish in the Federal Register an announcement of that procedure and the availability of funds under such part. ``(3) Evaluation.--The Secretary shall evaluate the program authorized under subsection (b)(9) on an annual basis. Such evaluations specifically shall review -- ``(A) the extent to which the institution has met the goals set forth in its application to the Secretary; ``(B) the number of students participating in the programs offered, including the progress of such students toward recognized certificates or degrees; and ``(C) what changes, if any, in law would facilitate both the participation of part-time students in higher education and increased graduation rates amongst these students. ``(4) Separate authorizations of appropriations.--There are authorized to be appropriated to carry out the program authorized by subsection (b)(9), $100,000,000 for fiscal year 2004 and such sums as may be necessary for each of the five succeeding fiscal years.''.

Part-time Student Assistance Act - Amends the Higher Education Act of 1965 to provide access and assistance to increase college attendance and completion by part-time students. Exempts from student aid need formula determinations earnings up to: (1) $9,000 by dependent students; (2) $12,000 by independent students with no dependents (other than spouse); and (3) $12,000 by independent students with dependents (other than spouse). Provides for a formula for a revised table of income protection allowances. Exempts earned income credits from the calculation of income. Revises and expands a program (child care access means parents in school) which provides grants to institutions of higher education for child care assistance for low-income students. Directs the Secretary of Education to establish a year-round Pell grant pilot program. Authorizes a demonstration program to create a holistic approach to addressing the needs of part-time students. Allows such program to: (1) be at up to 150 associates and bachelors degree-granting institutions; and (2) include grants, leveraging funds from non-Federal sources, comprehensive child care, and better tailored remedial course programs.

To provide access and assistance to increase college attendance and completion by part-time students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Strategic Services Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Office of Strategic Services (OSS) was the first effort by the United States to implement a system of strategic intelligence during World War II and provided the basis for the modern-day intelligence and special operations communities of the United States. (2) OSS founder General William J. Donovan is the only person in the history of the United States to receive the 4 highest military decorations of the United States, including the Medal of Honor. Upon learning of his death in 1959, President Eisenhower called General Donovan the ``last hero''. In addition to founding and leading the OSS, General Donovan was also selected by President Roosevelt, who called General Donovan his ``secret legs'', as an emissary to Great Britain and continental Europe before the United States entered World War II. (3) During World War II, each branch of the Armed Forces of the United States contributed personnel to the OSS. United States Coast Guard personnel were recruited for the Maritime Unit and the Operational Swimmer Group. (4) The present-day United States special operations forces trace their lineage to the OSS. The Maritime Unit of the OSS was a precursor to the Navy SEALs. The OSS Operational Groups and Jedburghs were forerunners of the United States Army Special Forces. The 801st/492nd Bombardment Group (``Carpetbaggers'') were progenitors of the United States Air Force Special Operations Command. The Marines who served in the OSS, including the actor Sterling Hayden and Colonel William Eddy, whom General Donovan described as the ``American Lawrence of Arabia'', were predecessors of the United States Marine Corps Forces Special Operations Command. (5) The OSS organized, trained, supplied, and fought with resistance organizations throughout Europe and Asia that played an important role in the victory of the United States during World War II. President Eisenhower credited the work of the OSS with the French Resistance during the liberation of France as the equivalent of the French Resistance having an extra division. (6) Four future Directors of Central Intelligence served as OSS officers: William Casey, William Colby, Allen Dulles, and Richard Helms. (7) Women comprised more than \1/3\ of OSS personnel and played a critical role in the organization. These women included Virginia Hall, the only civilian female to receive a Distinguished Service Cross in World War II, and Julia Child. (8) The OSS recruited Fritz Kolbe, a German diplomat who became the most important spy of the United States against the Nazis in World War II. (9) Leading scientists and scholars in the United States served in the OSS Research and Analysis Branch, including Ralph Bunche, the first African-American to receive the Nobel Peace Prize, Pulitzer Prize-winning historian Arthur Schlesinger, Jr., Supreme Court Justice Arthur Goldberg, Sherman Kent, John King Fairbank, and Walt Rostow. Its ranks also included 7 future presidents of the American Historical Association, 5 of the American Economic Association, and 2 Nobel laureates. The Bureau of Intelligence and Research of the United States Department of State traces its creation to the OSS Research and Analysis Branch. (10) The OSS invented and employed new technology through its Research and Development Branch, including new weapons and revolutionary communications equipment. Dr. Christian Lambertsen invented the first underwater breathing apparatus that was first utilized by the OSS and is known today as ``SCUBA''. (11) OSS Detachment 101 operated in Burma and pioneered the art of unconventional warfare. It was the first unit of the United States to deploy a large guerrilla army deep in enemy territory. OSS Detachment 101 has been credited with the highest kill/loss ratio for any infantry-type unit in the military history of the United States and was awarded a Presidential Unit Citation. (12) The X-2 branch of the OSS pioneered counterintelligence with the British and established the modern counterintelligence community. The network of contacts built by the OSS with foreign intelligence services led to enduring Cold War alliances. (13) Operation Torch, the Allied invasion of French North Africa in November 1942, was aided by the networks established and information acquired by the OSS to guide the landings of the Allies. (14) OSS Operation Halyard resulted in the rescue of more than 500 downed airmen trapped behind enemy lines in Yugoslavia, one of the most daring and successful rescue operations of World War II. (15) OSS ``Mercy Missions'' at the end of World War II saved the lives of thousands of Allied prisoners of war whom it was feared would be murdered by the Japanese. (16) The handful of surviving men and women of the OSS, whom General Donovan called his ``glorious amateurs'', are among the greatest generation. They have never been collectively recognized for their heroic and pioneering service in World War II. 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 Congress, of a gold medal of appropriate design in commemoration to the members of the Office of Strategic Services (OSS), in recognition of their superior service and major contributions during World War II. (b) Design and Striking.--For purposes of the presentation 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) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in commemoration of the members of the Office of Strategic Services under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the Office of Strategic Services. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Office of Strategic Services Congressional Gold Medal Act - Requires 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 members of the Office of Strategic Services (OSS) in recognition of their superior service and major contributions during World War II.

Office of Strategic Services Congressional Gold Medal Act