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SECTION 1. SHORT TITLE. This Act may be cited as the ``IDEA Full Funding Act''. SEC. 2. AMENDMENTS TO IDEA. Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as follows: ``(i) Funding.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated-- ``(1) $12,955,841,000 for fiscal year 2015, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $1,377,986,000 for fiscal year 2015, which shall become available for obligation on July 1, 2015, and shall remain available through September 30, 2016; ``(2) $14,497,834,000 for fiscal year 2016, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $2,919,979,000 for fiscal year 2016, which shall become available for obligation on July 1, 2016, and shall remain available through September 30, 2017; ``(3) $16,223,354,000 for fiscal year 2017, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $4,645,499,000 for fiscal year 2017, which shall become available for obligation on July 1, 2017, and shall remain available through September 30, 2018; ``(4) $18,154,243,000 for fiscal year 2018, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $6,576,388,000 for fiscal year 2018, which shall become available for obligation on July 1, 2018, and shall remain available through September 30, 2019; ``(5) $20,314,946,000 for fiscal year 2019, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $8,737,091,000 for fiscal year 2019, which shall become available for obligation on July 1, 2019, and shall remain available through September 30, 2020; ``(6) $22,732,813,000 for fiscal year 2020, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $11,154,958,000 for fiscal year 2020, which shall become available for obligation on July 1, 2020, and shall remain available through September 30, 2021; ``(7) $25,438,452,000 for fiscal year 2021, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $13,860,597,000 for fiscal year 2021, which shall become available for obligation on July 1, 2021, and shall remain available through September 30, 2022; ``(8) $28,466,114,000 for fiscal year 2022, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $16,888,259,000 for fiscal year 2022, which shall become available for obligation on July 1, 2022, and shall remain available through September 30, 2023; ``(9) $31,854,127,000 for fiscal year 2023, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $20,276,272,000 for fiscal year 2023, which shall become available for obligation on July 1, 2023, and shall remain available through September 30, 2024; and ``(10) $35,645,377,000 for fiscal year 2024, and there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $24,067,522,000 for fiscal year 2024, which shall become available for obligation on July 1, 2024, and shall remain available through September 30, 2025.''. SEC. 3. FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS ``Sec. 59B. Fair share tax. ``SEC. 59B. FAIR SHARE TAX. ``(a) General Rule.-- ``(1) Phase-in of tax.--In the case of any high-income taxpayer, there is hereby imposed for a taxable year (in addition to any other tax imposed by this subtitle) a tax equal to the product of-- ``(A) the amount determined under paragraph (2), and ``(B) a fraction (not to exceed 1)-- ``(i) the numerator of which is the excess of-- ``(I) the taxpayer's adjusted gross income, over ``(II) the dollar amount in effect under subsection (c)(1), and ``(ii) the denominator of which is the dollar amount in effect under subsection (c)(1). ``(2) Amount of tax.--The amount of tax determined under this paragraph is an amount equal to the excess (if any) of-- ``(A) the tentative fair share tax for the taxable year, over ``(B) the excess of-- ``(i) the sum of-- ``(I) the regular tax liability (as defined in section 26(b)) for the taxable year, determined without regard to any tax liability determined under this section, ``(II) the tax imposed by section 55 for the taxable year, plus ``(III) the payroll tax for the taxable year, over ``(ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34). ``(b) Tentative Fair Share Tax.--For purposes of this section-- ``(1) In general.--The tentative fair share tax for the taxable year is 30 percent of the excess of-- ``(A) the adjusted gross income of the taxpayer, over ``(B) the modified charitable contribution deduction for the taxable year. ``(2) Modified charitable contribution deduction.--For purposes of paragraph (1)-- ``(A) In general.--The modified charitable contribution deduction for any taxable year is an amount equal to the amount which bears the same ratio to the deduction allowable under section 170 (section 642(c) in the case of a trust or estate) for such taxable year as-- ``(i) the amount of itemized deductions allowable under the regular tax (as defined in section 55) for such taxable year, determined after the application of section 68, bears to ``(ii) such amount, determined before the application of section 68. ``(B) Taxpayer must itemize.--In the case of any individual who does not elect to itemize deductions for the taxable year, the modified charitable contribution deduction shall be zero. ``(c) High-Income Taxpayer.--For purposes of this section-- ``(1) In general.--The term `high-income taxpayer' means, with respect to any taxable year, any taxpayer (other than a corporation) with an adjusted gross income for such taxable year in excess of $1,000,000 (50 percent of such amount in the case of a married individual who files a separate return). ``(2) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning after 2016, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000. ``(d) Payroll Tax.--For purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of-- ``(1) the taxes imposed on the taxpayer under sections 1401, 1411, 3101, 3201, and 3211(a) (to the extent such tax is attributable to the rate of tax in effect under section 3101) with respect to such taxable year or wages or compensation received during such taxable year, over ``(2) the deduction allowable under section 164(f) for such taxable year. ``(e) Special Rule for Estates and Trusts.--For purposes of this section, in the case of an estate or trust, adjusted gross income shall be computed in the manner described in section 67(e). ``(f) Not Treated as Tax Imposed by This Chapter for Certain Purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than the credit allowed under section 27(a)) or for purposes of section 55.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part VIII--Fair Share Tax on High-Income Taxpayers''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015.

IDEA Full Funding Act - Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and make appropriations through FY2024 for the grant program to assist states and outlying areas to provide special education and related services to children with disabilities. Amends the Internal Revenue Code to require an individual taxpayer whose adjusted gross income exceeds $1 million to pay a minimum tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year (tentative fair share tax). Establishes the amount of such tax as the excess (if any) of the tentative fair share tax over the excess of: (1) the sum of the taxpayer's regular tax liability, the alternative minimum tax (AMT) amount, and the payroll tax for the taxable year; over (2) certain tax credits. Provides for a phase-in of such tax. Requires an inflation adjustment to the $1 million income threshold for taxable years beginning after 2016.

IDEA Full Funding Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ambulatory Surgical Center Access Act of 2009''. SEC. 2. MEDICARE PAYMENT FOR AMBULATORY SURGICAL CENTER SERVICES. (a) In General.--Section 1833(i) of the Social Security Act (42 U.S.C. 1395l(i)) is amended by striking paragraphs (2) through (6) and inserting the following: ``(2)(A) Subject to subparagraphs (B) and (C), the amount of payment to be made under this subsection for facility services furnished to an individual in an ambulatory surgical center in accordance with paragraph (1) shall be equal to 59 percent of the fee schedule amount determined under paragraph (3)(D) of subsection (t) for payment of the same service furnished in hospital outpatient departments, as adjusted under paragraphs (4)(A), (6), and (15) of such subsection, less a 20 percent beneficiary copayment, except that in no case shall the copayment amount for a procedure performed in a year exceed the amount of the inpatient hospital deductible established under section 1813(b) for that year. ``(B) For covered ambulatory surgical center services furnished during calendar year 2010, the amount of payment under this subsection shall be equal to the sum of-- ``(i) 25 percent of the ambulatory surgical center payment amount payable under this subsection in 2007; and ``(ii) 75 percent of the payment amount under subparagraph (A) for 2010. ``(C)(i) Notwithstanding subparagraphs (A) and (B), if a facility service furnished to an individual in an ambulatory surgical center includes an implantable medical device, the amount of payment for that service shall be equal to the sum of-- ``(I) 100 percent of the hospital OPD fee schedule amount under subsection (t) that the Secretary determines is associated with the device; and ``(II) 59 percent of non-device-related component of such OPD fee schedule amount; less a 20 percent beneficiary copayment. ``(ii) For purposes of clause (i), the term `implantable medical device' means a device that-- ``(I) is an integral and subordinate part of the service furnished; ``(II) is used for one patient only; ``(III) comes in contact with human tissue; and ``(IV) is surgically implanted or inserted, whether or not it remains with the patient when the patient is released from the ambulatory surgical center.''. (b) Conforming Amendments.-- (1) Section 1832(a)(2)(F)(i) of such Act (42 U.S.C. 1395k(a)(2)(F)(i)) is amended-- (A) by striking ``the standard overhead amount as determined under section 1833(i)(2)(A)'' and inserting ``the amount determined under section 1833(i)(2)''; and (B) by striking all that follows ``as full payment for such services'' and inserting ``, or''. (2) Section 1833(a)(1)(G) of such Act (42 U.S.C. 1395l(a)(1)(G)) is amended-- (A) by striking ``for services furnished beginning'' and all that follows through ``subsection (i)(2)(D),''; and (B) by striking ``such revised payment system'' and inserting ``subsection (i)(2)''. (3) Section 1833(a)(4) of such Act (42 U.S.C. 1395l(a)(4)) is amended by striking ``or (3)''. (c) Effective Date.--The amendments made by this section shall apply to ambulatory surgical center services furnished on or after January 1, 2010. SEC. 3. QUALITY REPORTING AND COMPARISON. (a) In General.--Paragraph (7) of section 1833(i) of the Social Security Act (42 U.S.C. 1395l(i)) is amended-- (1) by redesignating such paragraph as paragraph (3); (2) in subparagraph (A)-- (A) by striking ``For purposes of paragraph (2)(D)(iv), the'' and inserting ``The''; (B) by striking ``established under paragraph (2)(D)'' and inserting ``described in paragraph (2)''; and (C) by adding at the end the following: ``Data required to be submitted on measures selected under this paragraph must be on measures that have been selected by the Secretary after consideration of public comments and that have consensus endorsement from affected parties.''; (3) in subparagraph (B)-- (A) by striking ``Except as the Secretary may otherwise provide, the'' and inserting ``The''; and (B) by inserting before the period at the end the following: ``, except that the form and manner of reporting by ambulatory surgical centers shall include the option of submitting data with claims for payment''; and (4) by adding at the end the following new subparagraphs: ``(C) To the extent that quality measures implemented by the Secretary under this paragraph for ambulatory surgical centers and under section 1833(t)(17) for hospital outpatient departments are applicable to the provision of surgical services in both ambulatory surgical centers and hospital outpatient departments, the Secretary shall-- ``(i) require that both ambulatory surgical centers and hospital outpatient departments report data on such measures; and ``(ii) make reported data available on the website `Medicare.gov' in a manner that will permit side-by-side comparisons on such measures for ambulatory surgical centers and hospital outpatient departments in the same geographic area. ``(D) For each procedure covered for payment in an ambulatory surgical center, the Secretary shall publish, along with the quality reporting comparisons provided for in subparagraph (C), comparisons of the Medicare payment and beneficiary copayment amounts for the procedure when performed in ambulatory surgical centers and hospital outpatient departments in the same geographic area.''. (b) MedPAC Study.-- (1) In general.--The Medicare Payment Advisory Commission shall conduct a study of outpatient surgical services covered under section 1833 of the Social Security Act (42 U.S.C. 1395l). The study shall compare beneficiaries' use of different settings across geographic areas, spending implications for the Medicare program for such services when provided in different settings, and out-of-pocket liability for beneficiaries for such services when provided in different settings. (2) Report.--Not later than one year after the date of the enactment of this Act, the Commission shall submit to Congress a report on the findings of the study conducted under paragraph (1). Where appropriate, such report shall include recommendations on modifications in coverage and payment policies under part B of title XVIII of the Social Security Act needed to optimize the economical utilization of outpatient surgical services. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2010. SEC. 4. APC PANEL REPRESENTATION. (a) ASC Representative.--The second sentence of section 1833(t)(9)(A) of the Social Security Act (42 U.S.C. 1395l(t)(9)(A)) is amended by inserting ``and suppliers subject to the prospective payment system (including at least one ambulatory surgical center representative)'' after ``an appropriate selection of representatives of providers''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 5. ENSURING ACCESS TO SAME DAY SERVICES. The conditions for coverage of ambulatory surgical center services specified by the Secretary of Health and Human Services pursuant to section 1832(a)(2)(F)(i) of the Social Security Act (42 U.S.C. 1395k(a)(2)(F)(i)) shall not prohibit ambulatory surgical centers from providing individuals with any notice of rights or other required notice on the date of a procedure if more advance notice is not feasible under the circumstances, including when a procedure is scheduled and performed on the same day.

Ambulatory Surgical Center Access Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to revise the requirements and the formula for payments for services, including an implantable medical device, furnished to individuals in ambulatory surgical centers. Revises requirements for the reporting of data by ambulatory surgical centers and hospital outpatient departments. Directs the Medicare Payment Advisory Commission (MEDPAC) to study and report to Congress on outpatient surgical services. Requires the expert outside advisory panel the Secretary of Health and Human Services is required to consult with respect to the clinical integrity of the groups and payment weights to include at least one ambulatory surgical center representative. States that the conditions for coverage of ambulatory surgical center services specified by the Secretary shall not prohibit ambulatory surgical centers from providing individuals with any notice of rights or other required notice on the date of a procedure if more advanced notice is not feasible under the circumstances, including when a procedure is scheduled and performed on the same day.

To amend title XVIII of the Social Security Act to modernize payments for ambulatory surgical centers under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Affordability Act''. TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986 SEC. 101. INCOME TAX CREDIT FOR PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE ATTAINED SOCIAL SECURITY RETIREMENT AGE. ``(a) In General.--In the case of an individual who has attained social security retirement age, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 80 percent of the amount paid by the taxpayer during the taxable year (and not compensated for by insurance or otherwise) for any prescribed drug (as defined in section 213(d)(3)) for use by such individual. ``(b) Social Security Retirement Age.--For purposes of this section, the term `social security retirement age' means retirement age (as defined in section 216(l)(1) of the Social Security Act). ``(c) Denial of Double Benefit.-- ``(1) Coordination with medical expense deduction.--The amount which would (but for this subsection) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year. ``(2) Coordination with medical savings accounts.--No credit shall be allowed under this section for amounts paid from any medical savings account (as defined in section 220(d)). ``(d) Election Not To Have Credit Apply.--This section shall not apply to a taxpayer for a taxable year if the taxpayer elects not to have this section apply for such year.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Prescription drugs purchased by individuals who have attained social security retirement age.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act. TITLE II--AMENDMENTS TO FEDERAL FOOD, DRUG, AND COSMETIC ACT SEC. 201. FACILITATION OF IMPORTATION OF DRUGS APPROVED BY FOOD AND DRUG ADMINISTRATION. (a) In General.--Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended-- (1) by striking section 804 (as added by section 745(c)(2) of Public Law 106-387); and (2) in section 801(d)-- (A) by striking paragraph (2); and (B) by striking ``(d)(1)'' and all that follows through the end of paragraph (1) and inserting the following: ``(d)(1)(A) A person who meets applicable legal requirements to be an importer of drugs described in subparagraph (B) may import such a drug (without regard to whether the person is a manufacturer of the drug) if the person submits to the Secretary an application to import the drug and the Secretary approves the application. ``(B) For purposes of subparagraph (A), the drugs described in this subparagraph are drugs that are subject to section 503(b)(1) or that are composed wholly or partly of insulin. ``(C) The Secretary shall approve an application under subparagraph (A) if the application demonstrates that the drug to be imported meets all requirements under this Act for the admission of the drug into the United States, including demonstrating that-- ``(i) an application for the drug has been approved under section 505, or as applicable, under section 351 of the Public Health Service Act; and ``(ii) the drug is not adulterated or misbranded. ``(D) Not later than 60 days after the date on which an application under subparagraph (A) is submitted to the Secretary, the Secretary shall-- ``(i) approve the application; or ``(ii) refuse to approve the application and provide to the person who submitted the application the reason for such refusal. ``(E) This paragraph may not be construed as affecting any right secured by patent.''. (b) Conforming Amendments.--Section 801(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(d)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (2) in paragraph (3) (as so redesignated) by striking ``paragraph (3)'' each place such term appears and inserting ``paragraph (2)''. SEC. 202. INTERNET SALES OF PRESCRIPTION DRUGS. Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) is amended by adding at the end the following paragraph: ``(6)(A) With respect to the interstate sale of a prescription drug through an Internet site, the Secretary may not with respect to such sale take any action under this Act against any of the persons involved if-- ``(i) the sale was made in compliance with this Act and with State laws that are applicable to the sale of the drug; and ``(ii) accurate information regarding compliance with this Act and such State laws is posted on the Internet site. ``(B) For purposes of subparagraph (A), the sale of a prescription drug by a person shall be considered to be an interstate sale of the drug through an Internet site if-- ``(i) the purchaser of the drug submits the purchase order for the drug, or conducts any other part of the sales transaction for the drug, through an Internet site; and ``(ii) pursuant to such sale, the person introduces the drug into interstate commerce or delivers the drug for introduction into such commerce. ``(C) Subparagraph (A) may not be construed as authorizing the Secretary to enforce any violation of State law. ``(D) For purposes of this paragraph, the term `prescription drug' means a drug that is subject to paragraph (1).''. SEC. 203. REGULATIONS OF SECRETARY OF HEALTH AND HUMAN SERVICES; EFFECTIVE DATE. (a) Regulations.--Before the expiration of the period specified in subsection (b), the Secretary of Health and Human Services shall promulgate regulations to carry out the amendments to the Federal Food, Drug, and Cosmetic Act that are made by sections 201 and 202. (b) Effective Date.--The amendments to the Federal Food, Drug, and Cosmetic Act that are made by sections 201 and 202 take effect upon the expiration of the one-year period beginning on the date of the enactment of this Act, without regard to whether the regulations required in subsection (a) have been promulgated.

Prescription Drug Affordability Act - Amends the Internal Revenue Code to provide that, in the case of an individual who has attained Social Security retirement age, there shall be allowed a tax credit equal to 80 percent of the amount paid by the taxpayer (and not compensated for by insurance or otherwise) for any prescribed drug the individual uses.Amends the Federal Food, Drug, and Cosmetic Act (FDCA) and the Medicine Equity and Drug Safety Act of 2000 to repeal certain drug reimportation provisions and authority for the importation of a prohibited drug required for emergency medical care. Permits a person who meets applicable legal requirements to be an importer of drugs to import (without regard to whether the person is a manufacturer of the drug) certain Food and Drug Administration-approved new drugs, which are neither adulterated nor misbranded, and which require a prescription, if the person submits an drug import application and the Secretary approves the application.Prohibits the Secretary from taking any action under the FDCA with respect to the interstate sale of a prescription drug through an Internet site, if the sale was made in compliance with the FDCA and with applicable State laws, and accurate information regarding compliance with the FDCA and such State laws is posted on the site.

To amend the Internal Revenue Code of 1986 with respect to the purchase of prescription drugs by individuals who have attained retirement age, and to amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs and the sale of such drugs through Internet sites.

SECTION 1. 15-YEAR RECOVERY PERIOD FOR DEPRECIATION OF DESIGNATED LOW- INCOME BUILDINGS. (a) In General.--Subparagraph (E) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 15-year property) is amended by striking ``and'' at the end of clause (vii), by striking the period at the end of clause (viii) and inserting ``, and'', and by adding at the end the following new clause: ``(ix) any designated low-income building.'' (b) Designated Low-Income Building.--Subsection (e) of section 168 of such Code (relating to classification of property) is amended by adding at the end the following new paragraph: ``(8) Designated low-income building.-- ``(A) In general.--The term `designated low-income building' means any building which is a qualified low- income building (as defined in section 42(c)(2)) if-- ``(i) no housing credit dollar amount has been allocated to such building under section 42(h), and ``(ii) the taxpayer has made the election described in subparagraph (B) with respect to such building. ``(B) Election.--An election is described in this subparagraph if made by the taxpayer at such time and in such manner as the Secretary may prescribe. Any election under the preceding sentence, once made, shall be irrevocable. ``(C) Coordination with low-income housing credit.--No credit shall be allowed under section 42 with respect to any designated low-income building. ``(D) Recapture of accelerated depreciation.--A designated low-income building which ceases to be a qualified low-income building (as defined in section 42(c)(2)) at any time during the recapture period shall, under regulations prescribed by the Secretary, be treated as though paragraph (3)(E)(iv) were never enacted. The statutory period for the assessment of any deficiency attributable to this subparagraph shall not expire before the expiration of the 1-year period beginning on the date the Secretary is notified by the taxpayer (in such manner as the Secretary may prescribe) of the change in status of such building. For purposes of this subparagraph, the term `recapture period' has the meaning given the term `compliance period' under section 42(i)(1) except `20 taxable years' shall be substituted for `15 taxable years'.''. (c) Alternative Depreciation System.--The table contained in section 168(g)(3)(B) of such Code is amended by inserting after the item relating to subparagraph (E)(viii) the following: ``(E)(ix)...................................................... 20''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 2. QUALIFIED LOW-INCOME BUILDINGS NOT SUBJECT TO LIMITATION ON PASSIVE ACTIVITY LOSSES AND CREDITS. (a) In General.--Section 469 of the Internal Revenue Code of 1986 (relating to passive activity losses and credits limited) is amended by redesignating subsections (l) and (m) as subsections (m) and (n), respectively, and by inserting after subsection (k) the following new subsection: ``(l) Special Rule for Qualified Low-Income Buildings.--Subsection (a) shall not apply to that portion of the passive activity loss and passive activity credit for any taxable year which is attributable to any qualified low-income building (as defined in section 42(c)(2)).''. (b) Conforming Amendments.-- (1) Paragraph (3) of section 469(i) of such Code is amended by striking subparagraph (D) and by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively. (2) Subparagraph (D) of section 469(i) of such Code (as so redesignated) is amended to read as follows: ``(D) Ordering rules to reflect exceptions and separate phase-outs.--If subparagraph (B) or (C) applies for a taxable year, paragraph (1) shall be applied-- ``(i) first to the portion of the passive activity loss to which subparagraph (C) does not apply, ``(ii) second to the portion of such loss to which subparagraph (C) applies, ``(iii) third to the portion of the passive activity credit to which subparagraph (B) does not apply, and ``(iv) fourth to the portion of such credit to which subparagraph (B) applies.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Amends the Internal Revenue Code to: (1) allow a 15-year recovery period for depreciation of designated low-income buildings eligible for the low-income housing tax credit; and (2) waive limitations on passive activity losses and credits for such buildings.

To amend the Internal Revenue Code of 1986 to establish a 15-year recovery period for depreciation of designated low-income buildings and to allow passive losses and credits attributable to qualified low-income buildings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003''. SEC. 2. RETENTION OF TASK FORCE. Section 603 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (16 U.S.C. 1451 note) is amended by striking subsection (e). SEC. 3. SCIENTIFIC ASSESSMENTS AND RESEARCH PLANS. Such section 603 is further amended-- (1) in subsection (a) by adding at the end the following: ``In developing the assessments and research plans described in subsections (b), (c), (d), (e), and (f), the Task Force shall work with appropriate State, Indian tribe, and local governments to ensure that the assessments and research plans fulfill the requirements of subsections (b)(2), (c)(2), (d)(2), (e)(2), and (f)(2). Additionally, the Task Force shall consult with appropriate industry, academic institutions, and non-governmental organizations throughout the development of the assessments and research plans.''; and (2) by striking subsections (b) and (c) and inserting the following: ``(b) Scientific Assessments of Harmful Algal Blooms.--(1) Not less than once every 5 years the Task Force shall complete and submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a scientific assessment of harmful algal blooms in United States coastal waters. The first such assessment shall be completed not later than 24 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003 and should consider only marine harmful algal blooms. All subsequent assessments shall examine both marine and freshwater harmful algal blooms, including those in the Great Lakes and upper reaches of estuaries. ``(2) The assessments under this subsection shall-- ``(A) examine the causes and ecological consequences, and economic costs, of harmful algal blooms; ``(B) describe the potential ecological and economic costs and benefits of possible policy and management actions for preventing, controlling, and mitigating harmful algal blooms; ``(C) evaluate progress made by, and the needs of, Federal research programs on the causes, characteristics, and impacts of harmful algal blooms; and ``(D) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on harmful algal blooms. ``(c) Scientific Assessment of Freshwater Harmful Algal Blooms.-- (1) Not later than 24 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003 the Task Force shall complete and submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a scientific assessment of current knowledge about harmful algal blooms in freshwater locations such as the Great Lakes and upper reaches of estuaries, including a research plan for coordinating Federal efforts to better understand freshwater harmful algal blooms. ``(2) The freshwater harmful algal bloom scientific assessment shall-- ``(A) examine the causes and ecological consequences, and the economic costs, of harmful algal blooms with significant effects on freshwater locations, including estimations of the frequency and occurrence of significant events; ``(B) establish priorities and guidelines for a competitive, peer-reviewed, merit-based interagency research program, as part of the Ecology and Oceanography of Harmful Algal Blooms (ECOHAB) project, to better understand the causes, characteristics, and impacts of harmful algal blooms in freshwater locations; and ``(C) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on harmful algal blooms in freshwater locations. ``(d) National Scientific Research Plan Into Reducing Impacts From Harmful Algal Blooms.--(1) Not later than 12 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003, the Task Force shall develop and submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a research plan providing for a comprehensive and coordinated national research program to develop prevention, control, and mitigation methods to reduce the impacts of harmful algal blooms on coastal ecosystems (including the Great Lakes), public health, and the economy. ``(2) The research plan shall-- ``(A) establish priorities and guidelines for a competitive, peer-reviewed, merit-based interagency research program on methods for the prevention, control, and mitigation of harmful algal blooms; ``(B) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to the actions described in paragraph (1); and ``(C) ensure, through consultation with Sea Grant Programs, that the results and findings of the research program are communicated to State, Indian tribe, and local governments, and to the general public. ``(e) Scientific Assessments of Hypoxia.--(1) Not less than once every 5 years the Task Force shall complete and submit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a scientific assessment of hypoxia in United States coastal waters including the Great Lakes. The first such assessment shall be completed not less than 24 months after the date of enactment of the Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003. ``(2) The assessments under this subsection shall-- ``(A) examine the causes and ecological consequences, and the economic costs, of hypoxia; ``(B) describe the potential ecological and economic costs and benefits of possible policy and management actions for preventing, controlling, and mitigating hypoxia; ``(C) evaluate progress made by, and the needs of, Federal research programs on the causes, characteristics, and impacts of hypoxia, including recommendations of how to eliminate significant gaps in hypoxia modeling and monitoring data; and ``(D) identify ways to improve coordination and to prevent unnecessary duplication of effort among Federal agencies and departments with respect to research on hypoxia. ``(f) Local and Regional Scientific Assessments.--(1) The Secretary of Commerce, in coordination with the Task Force and appropriate State, Indian tribe, and local governments, shall provide for local and regional scientific assessments of hypoxia or harmful algal blooms, as requested by State, Indian tribe, or local governments, or for affected areas as identified by the Secretary. If the Secretary receives multiple requests, the Secretary shall ensure, to the extent practicable, that assessments under this subsection cover geographically and ecologically diverse locations with significant ecological and economic impacts from hypoxia or harmful algal blooms. The Secretary shall establish a procedure for reviewing requests for local and regional assessments. The Secretary shall ensure, through consultation with Sea Grant Programs, that the findings of the assessments are communicated to the appropriate State, Indian tribe, and local governments, and to the general public. ``(2) The scientific assessments under this subsection shall examine-- ``(A) the causes and ecological consequences, and the economic costs, of hypoxia or harmful algal blooms in that area; ``(B) methods to prevent, control, and mitigate hypoxia or harmful algal blooms in that area and the potential ecological and economic costs and benefits of such methods; and ``(C) other topics the Task Force consider appropriate.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 605 of such Act is amended-- (1) by striking ``and $19,000,000 for fiscal year 2001'' and inserting ``$19,000,000 for fiscal year 2001, $27,200,000 for fiscal year 2004, $28,700,000 for fiscal year 2005, and $29,200,000 for fiscal year 2006''; (2) in paragraph (1) by striking ``and'' after ``2000,'' and by inserting ``, and $3,000,000 for each of fiscal years 2004, 2005, and 2006'' after ``2001''; (3) in paragraph (2) by striking ``and'' after ``2000,'' and by inserting ``, and $10,200,000, of which $2,000,000 shall be used for the research program described in section 603(c)(2)(B), for each of fiscal years 2004, 2005, and 2006'' after ``2001''; (4) in paragraph (3) by striking ``and'' after ``2000,'' and by inserting ``, $2,000,000 for fiscal year 2004, $3,000,000 for fiscal year 2005, and $3,000,000 for fiscal year 2006'' after ``2001''; (5) in paragraph (4) by striking ``2001'' and inserting ``2001, and $6,000,000 for each of fiscal years 2004, 2005, and 2006,''; (6) in paragraph (4) by inserting ``the Monitoring and Event Response for Harmful Algal Blooms (MERHAB) project under'' after ``administered by''; (7) by striking ``and'' after the semicolon at the end of paragraph (4); (8) in paragraph (5) by striking ``and'' after ``2000,'' and by inserting ``, $5,000,000 for fiscal year 2004, $5,500,000 for fiscal year 2005, and $6,000,000 for fiscal year 2006'' after ``2001''; (9) in paragraph (5) by striking ``Administration.'' and inserting ``Administration; and''; and (10) by adding at the end the following: ``(6) $3,000,000 for each of fiscal years 2004, 2005, and 2006 to carry out the activities described in section 603(f).''.

Harmful Algal Bloom and Hypoxia Research Amendments Act of 2003 - Amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (Harmful Algal Act) to repeal the President's authority to disestablish the Interagency Task Force (thus retaining it).Requires the Task Force to: (1) work with the appropriate State, Indian tribe, and local governments to ensure that the assessment and research plans fulfill the requirements of the Harmful Algal Act; and (2) complete and submit to specified congressional committees not less than once every five years scientific assessments of harmful algal blooms and of hypoxia. Specifies amended assessment requirements.Requires the Task Force to: (1) make a specified scientific assessment of freshwater algal blooms; and (2) develop and submit to specified congressional committees a research plan providing for a comprehensive and coordinated national research program to develop prevention, control, and mitigation methods to reduce the impacts of harmful algal blooms on coastal ecosystems, public health, and the economy. Specifies research program requirements.Requires the Secretary of Commerce, in coordination with the Task Force and appropriate State, Indian tribe, and local governments, to provide for local and regional scientific assessments of hypoxia or harmful algal blooms, as requested by State, Indian tribe, and local governments. Specifies assessment requirements.

A bill to reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Virginia Jobs and Energy Act''. SEC. 2. LEASE SALE 220 AND OTHER OCS OIL AND GAS LEASE SALES OFFSHORE VIRGINIA. (a) Conduct of Lease Sale.--Notwithstanding inclusion in the current 5-year oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Secretary of the Interior shall conduct lease sale 220 (as defined in the Draft Proposed Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2010-2015 as published in the Federal Register on January 21, 2009 (74 Fed. Reg. 3631)) under section 8 of such Act (43 U.S.C. 1337) as soon as practicable, but not later than 1 year after the date of enactment of this Act. (b) Inclusion in Future Leasing Programs.--Notwithstanding inclusion in the 2017-2022 OCS Oil and Gas Leasing Program, the Secretary of the Interior shall include at least 2 lease sales in the Virginia lease sale planning area (as defined in section 4(c)(4)) in each 5-year oil and gas leasing program that applies after the current leasing program. SEC. 3. PROTECTION OF MILITARY OPERATIONS. (a) Prohibition.--No person may engage in any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted. (b) Review and Updating of MOA.--The Secretary of the Interior and the Secretary of Defense shall periodically review and revise such memorandum of agreement to account for new offshore energy production technologies, including those that use wind energy. SEC. 4. DISPOSITION OF REVENUE. (a) Payment of New Leasing Revenues to States.--Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), of the amount of new leasing revenues received by the United States each fiscal year under any lease issued under this Act, 37.5 percent shall be allocated and paid in accordance with subsection (b) to States that are affected States with respect to the leases under which those revenues are received by the United States. (b) Allocation of Payments.-- (1) In general.--The amount of new leasing revenues received by the United States with respect to a leased tract that are required to be paid to States in accordance with this subsection each fiscal year shall be allocated among and paid to States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such State that is closest to the geographic center of the lease tract, as determined by the Secretary. (2) Minimum and maximum allocation.--The amount allocated to a State under paragraph (1) each fiscal year with respect to a leased tract shall be-- (A) in the case of a State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; and (B) in the case of any other State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract. (3) Administration.--Amounts allocated to a State under this subsection-- (A) shall be available to the State without further appropriation; (B) shall remain available until expended; and (C) shall be in addition to any other amounts available to the State under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). (4) Use of funds.-- (A) In general.--Except as provided in subparagraph (B), a State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State. (B) Restriction on use for matching.--Funds allocated and paid to a State under this subsection may not be used as matching funds for any other Federal program. (c) Definitions.--In this section: (1) Affected state.--The term ``affected State'' has the meaning that term has under section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (2) New leasing revenues.--The term ``new leasing revenues'' means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production on areas of the Outer Continental Shelf that are authorized to be made available for leasing as a result of enactment of this Act. (3) Virginia lease sale planning area.--The term ``Virginia lease sale planning area'' means the area of the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act (33 U.S.C. 1331 et seq.)) that has-- (A) a boundary consisting of a straight line extending from the northernmost point of Virginia's seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 37 degrees 17 minutes 1 second North latitude, 71 degrees 5 minutes 16 seconds West longitude; and (B) a southern boundary consisting of a straight line extending from the southernmost point of Virginia's seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 36 degrees 31 minutes 58 seconds North latitude, 71 degrees 30 minutes 1 second West longitude. SEC. 5. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECTS. (a) Offshore Meteorological Project Permitting.-- (1) In general.--The Secretary of the Interior shall by regulation require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) must obtain a permit and right of way for the project in accordance with this subsection. (2) Permit and right-of-way timeline and conditions.-- (A) Deadline for approval.--The Secretary shall decide whether to issue a permit and right of way for an offshore meteorological site testing and monitoring project within 30 days after receiving an application. (B) Public comment and consultation.--During the period referred to in subparagraph (A), the Secretary shall-- (i) provide an opportunity for submission of comments by the public; and (ii) consult with the Secretary of Defense, the Commandant of the Coast Guard, and the heads of other Federal, State, and local agencies that would be affected by issuance of the permit and right of way. (C) Denial of permit; opportunity to remedy deficiencies.--If the application is denied, the Secretary shall provide the applicant-- (i) in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies in the application; and (ii) an opportunity to remedy such deficiencies. (b) NEPA Exclusion.--Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to an offshore meteorological site testing and monitoring project. (c) Protection of Information.--The information provided to the Secretary of the Interior pursuant to subsection (d)(3) shall be treated by the Secretary as proprietary information and protected against disclosure. (d) Definition of an Offshore Meteorological Site Testing and Monitoring Project.--In this section, the term ``offshore meteorological site testing and monitoring project'' means a project carried out on or in the waters of the Outer Continental Shelf administered by the Department of the Interior to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure, that-- (1) causes-- (A) less than 1 acre of surface or seafloor disruption at the location of each meteorological tower or other device; and (B) not more than 5 acres of surface or seafloor disruption within the proposed area affected by the project (including hazards to navigation); (2) is decommissioned not more than 5 years after the date of commencement of the project, including-- (A) removal of towers, buoys, or other temporary ocean infrastructure from the project site; and (B) restoration of the project site to approximately the original condition of the site; and (3) provides meteorological information obtained by the project to the Secretary of the Interior.

Virginia Jobs and Energy Act Directs the Secretary of the Interior to: (1) conduct lease sale 220 within one year after enactment of this Act, and (2) include at least two lease sales in the Virginia lease sale planning area in each five-year oil and gas leasing program that applies after the current leasing program. Prohibits any oil or natural gas exploration, development, or production off the Virginia coast that would conflict with a military operation. Directs the Secretary and the Secretary of Defense (DOD) periodically to review and revise a specified Memorandum of Agreement concerning such operations to account for new offshore energy production technologies, including those using wind energy. Allocates 37.5% of new leasing revenues received by the United States each fiscal year under any lease issued under this Act for payment to states affected with respect to the leases under which those revenues are received by the United States. Sets forth a payments allocation schedule for states within 200 miles of the leased tract. Exempts from environmental impact statement requirements under the National Environmental Policy Act of 1969 (NEPA) any project determined by the Secretary to be an offshore meteorological site testing and monitoring project. Defines such project as one administered by the Department of the Interior and carried out on or in the waters of the Outer Continental Shelf to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure and that: (1) causes less than one acre of surface or seafloor disruption at the location of each meteorological tower or other device and no more than five acres of surface or seafloor disruption within the proposed area affected by the project (including hazards to navigation); (2) is decommissioned within five years of its commencement; and (3) provides meteorological information to the Secretary. Directs the Secretary to: (1) require that any applicant seeking to conduct such a project obtain a permit and right of way; (2) determine, within 30 days after receiving an application, whether to issue such a permit and right of way; (3) provide an opportunity for public comment; (4) consult with DOD, the Commandant of the Coast Guard, and the heads of other federal, state, and local agencies affected by issuance of the permit and right of way; and (5) provide an applicant the opportunity to remedy deficiencies in an application that was denied.

Virginia Jobs and Energy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Browsing Protection Act''. SEC. 2. PENALTY FOR UNAUTHORIZED INSPECTION OF TAX RETURNS OR TAX RETURN INFORMATION. (a) In General.--Part I of subchapter A of chapter 75 of the Internal Revenue Code of 1986 (relating to crimes, other offenses, and forfeitures) is amended by adding after section 7213 the following new section: ``SEC. 7213A. UNAUTHORIZED INSPECTION OF RETURNS OR RETURN INFORMATION. ``(a) Prohibitions.-- ``(1) Federal employees and other persons.--It shall be unlawful for-- ``(A) any officer or employee of the United States, or ``(B) any person described in section 6103(n) or an officer or employee of any such person, willfully to inspect, except as authorized in this title, any return or return information. ``(2) State and other employees.--It shall be unlawful for any person (not described in paragraph (1)) willfully to inspect, except as authorized in this title, any return or return information acquired by such person or another person under a provision of section 6103 referred to in section 7213(a)(2). ``(b) Penalty.-- ``(1) In general.--Any violation of subsection (a) shall be punishable upon conviction by a fine in any amount not exceeding $1,000, or imprisonment of not more than 1 year, or both, together with the costs of prosecution. ``(2) Federal officers or employees.--An officer or employee of the United States who is convicted of any violation of subsection (a) shall, in addition to any other punishment, be dismissed from office or discharged from employment. ``(c) Definitions.--For purposes of this section, the terms `inspect', `return', and `return information' have the respective meanings given such terms by section 6103(b).''. (b) Technical Amendments.-- (1) Paragraph (2) of section 7213(a) of such Code is amended by inserting ``(5),'' after ``(m)(2), (4),''. (2) The table of sections for part I of subchapter A of chapter 75 of such Code 1986 is amended by inserting after the item relating to section 7213 the following new item: ``Sec. 7213A. Unauthorized inspection of returns or return information.''. (c) Effective Date.--The amendments made by this section shall apply to violations occurring on and after the date of the enactment of this Act. SEC. 3. CIVIL DAMAGES FOR UNAUTHORIZED INSPECTION OF RETURNS AND RETURN INFORMATION; NOTIFICATION OF UNLAWFUL INSPECTION OR DISCLOSURE. (a) Civil Damages for Unauthorized Inspection.-- Subsection (a) of section 7431 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Disclosure'' in the headings for paragraphs (1) and (2) and inserting ``Inspection or disclosure'', and (2) by striking ``discloses'' in paragraphs (1) and (2) and inserting ``inspects or discloses''. (b) Notification of Unlawful Inspection or Disclosure.--Section 7431 of such Code is amended by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and by inserting after subsection (d) the following new subsection: ``(e) Notification of Unlawful Inspection and Disclosure.--If any person is criminally charged by indictment or information with inspection or disclosure of a taxpayer's return or return information in violation of-- ``(1) paragraph (1) or (2) of section 7213(a), ``(2) section 7213A(a), or ``(3) subparagraph (B) of section 1030(a)(2) of title 18, United States Code, the Secretary shall notify such taxpayer as soon as practicable of such inspection or disclosure.''. (c) No Damages for Inspection Requested by Taxpayer.--Subsection (b) of section 7431 of such Code is amended to read as follows: ``(b) Exceptions.--No liability shall arise under this section with respect to any inspection or disclosure-- ``(1) which results from a good faith, but erroneous, interpretation of section 6103, or ``(2) which is requested by the taxpayer.''. (d) Conforming Amendments.-- (1) Subsections (c)(1)(A), (c)(1)(B)(i), and (d) of section 7431 of such Code are each amended by inserting ``inspection or'' before ``disclosure''. (2) Clause (ii) of section 7431(c)(1)(B) of such Code is amended by striking ``willful disclosure or a disclosure'' and inserting ``willful inspection or disclosure or an inspection or disclosure''. (3) Subsection (f) of section 7431 of such Code, as redesignated by subsection (b), is amended to read as follows: ``(f) Definitions.--For purposes of this section, the terms `inspect', `inspection', `return', and `return information' have the respective meanings given such terms by section 6103(b).''. (4) The section heading for section 7431 of such Code is amended by inserting ``inspection or'' before ``disclosure''. (5) The table of sections for subchapter B of chapter 76 of such Code is amended by inserting ``inspection or'' before ``disclosure'' in the item relating to section 7431. (6) Paragraph (2) of section 7431(g) of such Code, as redesignated by subsection (b), is amended by striking ``any use'' and inserting ``any inspection or use''. (e) Effective Date.--The amendments made by this section shall apply to inspections and disclosures occurring on and after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Taxpayer Browsing Protection Act - Amends the Internal Revenue Code to make it unlawful for Federal employees, State employees, or other specified persons to willfully inspect, except as authorized, any tax return or return information. Provides for a monetary penalty, imprisonment, or both for violators. (Current law imposes penalties only for the unlawful disclosure of such information.) Permits civil damages for the unauthorized inspection or disclosure (currently, only for the unauthorized disclosure) of tax returns and return information. Requires the taxpayer to be notified as soon as practicable if any person is criminally charged by indictment with inspecting or disclosing the taxpayer's return or return information.

Taxpayer Browsing Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``George C. Marshall Commemorative Coin Act''. SEC. 2. 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 in commemoration of the 50th anniversary of the Marshall Plan and George Catlett Marshall: (1) $1 silver coins.--Not more than 700,000 1 dollar 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. (2) Half dollar clad coins.--Not more than 500,000 half dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 50th anniversary of the Marshall Plan, which gave Europe's war-ravaged countries the economic strength by which they might choose freedom, and George C. Marshall, the author of the plan. (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 ``1997''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse side.--The obverse side of each coin minted under this Act shall bear the likeness of George C. Marshall. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the George C. Marshall Foundation, the Friends of George C. Marshall, and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 1997. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 1997. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of-- (1) $12 per coin for the $1 coin; and (2) $4 per coin for the half dollar coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary in equal portions to-- (1) the George C. Marshall Foundation for the purpose of supporting the Foundation's educational and outreach programs to promote the ideals and values of George C. Marshall; and (2) the Friends of George C. Marshall for the sole purpose of constructing and operating the George C. Marshall Memorial and Visitor Center in Uniontown, Pennsylvania. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the George C. Marshall Foundation and the Friends of George C. Marshall as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

George C. Marshall Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins and half-dollar clad coins in commemoration of the 50th anniversary of the Marshall Plan and George C. Marshall, its author. Directs the Secretary to pay surcharges received from coin sales to: (1) the George C. Marshall Foundation to be used to support its educational and outreach programs; and (2) the Friends of George C. Marshall to be used solely for the construction of the George C. Marshall Memorial and Vistor Center in Uniontown, Pennsylvania.

George C. Marshall Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreational Fishing and Hunting Heritage and Opportunities Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal public land.-- (A) In general.--Except as provided in subparagraph (B), the term ``Federal public land'' means any land or water that is-- (i) owned by the United States; and (ii) managed by a Federal agency (including the Department of the Interior and the Forest Service) for purposes that include the conservation of natural resources. (B) Exclusions.--The term ``Federal public land'' does not include-- (i) land or water held or managed in trust for the benefit of Indians or other Native Americans; (ii) land or water managed by the Director of the National Park Service or the Director of the United States Fish and Wildlife Service; (iii) fish hatcheries; or (iv) conservation easements on private land. (2) Hunting.-- (A) In general.--Except as provided in subparagraph (B), the term ``hunting'' means use of a firearm, bow, or other authorized means in the lawful-- (i) pursuit, shooting, capture, collection, trapping, or killing of wildlife; or (ii) attempt to pursue, shoot, capture, collect, trap, or kill wildlife. (B) Exclusion.--The term ``hunting'' does not include the use of skilled volunteers to cull excess animals (as defined by other Federal law). (3) Recreational fishing.--The term ``recreational fishing'' means-- (A) an activity for sport or for pleasure that involves-- (i) the lawful catching, taking, or harvesting of fish; or (ii) the lawful attempted catching, taking, or harvesting of fish; or (B) any other activity for sport or pleasure that can reasonably be expected to result in the lawful catching, taking, or harvesting of fish. (4) Recreational shooting.--The term ``recreational shooting'' means any form of sport, training, competition, or pastime, whether formal or informal, that involves the discharge of a rifle, handgun, or shotgun, or the use of a bow and arrow. SEC. 3. RECREATIONAL FISHING, HUNTING, AND RECREATIONAL SHOOTING. (a) In General.--Subject to valid existing rights, and in cooperation with the respective State and fish and wildlife agency, a Federal public land management official shall exercise the authority of the official under existing law (including provisions regarding land use planning) to facilitate use of and access to Federal public land for recreational fishing, hunting, and recreational shooting except as limited by-- (1) any law that authorizes action or withholding action for reasons of national security, public safety, or resource conservation; (2) any other Federal law that precludes recreational fishing, hunting, or recreational shooting on specific Federal public land or water or units of Federal public land; and (3) discretionary limitations on recreational fishing, hunting, and recreational shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process. (b) Management.--Consistent with subsection (a), the head of each Federal public land management agency shall exercise the land management discretion of the head-- (1) in a manner that supports and facilitates recreational fishing, hunting, and recreational shooting opportunities; (2) to the extent authorized under applicable State law; and (3) in accordance with applicable Federal law. (c) Planning.-- (1) Effects of plans and activities.-- (A) Evaluation of effects on opportunities to engage in recreational fishing, hunting, or recreational shooting.--Federal public land planning documents (including land resources management plans, resource management plans, travel management plans, and energy development plans) shall include a specific evaluation of the effects of the plans on opportunities to engage in recreational fishing, hunting, or recreational shooting. (B) Other activity not considered.-- (i) In general.--Federal public land management officials shall not be required to consider the existence or availability of recreational fishing, hunting, or recreational shooting opportunities on private or public land that is located adjacent to, or in the vicinity of, Federal public land for purposes of-- (I) planning for or determining which units of Federal public land are open for recreational fishing, hunting, or recreational shooting; or (II) setting the levels of use for recreational fishing, hunting, or recreational shooting on Federal public land. (ii) Enhanced opportunities.--Federal public land management officials may consider the opportunities described in clause (i) if the combination of those opportunities would enhance the recreational fishing, hunting, or shooting opportunities available to the public. (2) Use of volunteers.--If hunting is prohibited by law, all Federal public land planning document described in paragraph (1)(A) of an agency shall, after appropriate coordination with State fish and wildlife agencies, allow the participation of skilled volunteers in the culling and other management of wildlife populations on Federal public land unless the head of the agency demonstrates, based on the best scientific data available or applicable Federal law, why skilled volunteers should not be used to control overpopulation of wildlife on the land that is the subject of the planning document. (d) Bureau of Land Management and Forest Service Land.-- (1) Land open.-- (A) In general.--Land under the jurisdiction of the Bureau of Land Management or the Forest Service (including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas, but excluding land on the outer Continental Shelf) shall be open to recreational fishing, hunting, and recreational shooting unless the managing Federal public land agency acts to close the land to such activity. (B) Motorized access.--Nothing in this paragraph authorizes or requires motorized access or the use of motorized vehicles for recreational fishing, hunting, or recreational shooting purposes within land designated as a wilderness study area or administratively classified as wilderness eligible or suitable. (2) Closure or restriction.--Land described in paragraph (1) may be subject to closures or restrictions if determined by the head of the agency to be necessary and reasonable and supported by facts and evidence for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interests, national security, or compliance with other law, as determined appropriate by the Director of the Bureau of Land Management or the Chief of the Forest Service, as applicable. (3) Shooting ranges.-- (A) In general.--Except as provided in subparagraph (C), the head of each Federal public land agency may use the authorities of the head, in a manner consistent with this Act and other applicable law-- (i) to lease or permit use of land under the jurisdiction of the head for shooting ranges; and (ii) to designate specific land under the jurisdiction of the head for recreational shooting activities. (B) Limitation on liability.--Any designation under subparagraph (A)(ii) shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any recreational shooting activity occurring at or on the designated land. (C) Exception.--The head of each Federal public land agency shall not lease or permit use of Federal public land for shooting ranges or designate land for recreational shooting activities within including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas. (e) Report.--Not later than October 1 of every other year, beginning with the second October 1 after the date of enactment of this Act, the head of each Federal public land agency who has authority to manage Federal public land on which recreational fishing, hunting, or recreational shooting occurs shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1) any Federal public land administered by the agency head that was closed to recreational fishing, hunting, or recreational shooting at any time during the preceding year; and (2) the reason for the closure. (f) Closures or Significant Restrictions of 1,280 or More Acres.-- (1) In general.--Other than closures established or prescribed by land planning actions referred to in subsection (d)(2) or emergency closures described in paragraph (3), a permanent or temporary withdrawal, change of classification, or change of management status of Federal public land or water that effectively closes or significantly restricts 1,280 or more contiguous acres of Federal public land or water to access or use for recreational fishing or hunting or activities relating to fishing or hunting shall take effect only if, before the date of withdrawal or change, the head of the Federal public land agency that has jurisdiction over the Federal public land or water-- (A) publishes appropriate notice of the withdrawal or change, respectively; (B) demonstrates that coordination has occurred with a State fish and wildlife agency; and (C) submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, respectively. (2) Aggregate or cumulative effects.--If the aggregate or cumulative effect of separate withdrawals or changes effectively closes or significant restrictions affects 1,280 or more acres of land or water, the withdrawals and changes shall be treated as a single withdrawal or change for purposes of paragraph (1). (3) Emergency closures.-- (A) In general.--Nothing in this Act prohibits a Federal public land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area of Federal public land to provide for public safety, resource conservation, national security, or other purposes authorized by law. (B) Termination.--An emergency closure under subparagraph (A) shall terminate after a reasonable period of time unless the temporary closure is converted to a permanent closure consistent with this Act. (g) No Priority.--Nothing in this Act requires a Federal agency to give preference to recreational fishing, hunting, or recreational shooting over other uses of Federal public land or over land or water management priorities established by other Federal law. (h) Consultation With Councils.--In carrying out this Act, the heads of Federal public land agencies shall consult with the appropriate advisory councils established under Executive Order 12962 (16 U.S.C. 1801 note; relating to recreational fisheries) and Executive Order 13443 (16 U.S.C. 661 note; relating to facilitation of hunting heritage and wildlife conservation). (i) Authority of States.-- (1) In general.--Nothing in this Act interferes with, diminishes, or conflicts with the authority, jurisdiction, or responsibility of any State to manage, control, or regulate fish and wildlife under State law (including regulations) on land or water within the State, including on Federal public land. (2) Federal licenses.-- (A) In general.--Except as provided in subparagraph (B), nothing in this section authorizes the head of a Federal public land agency head to require a license, fee, or permit to fish, hunt, or trap on land or water in a State, including on Federal public land in the State. (B) Migratory bird stamps.--This paragraph shall not affect any migratory bird stamp requirement of the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a et seq.).

Recreational Fishing and Hunting Heritage and Opportunities Act - Requires a federal public land management official, in cooperation with the respective state and fish and wildlife agency, to exercise the authority of the official under law, including regarding land use planning, to facilitate the use of, and access to, federal public land for hunting, recreational fishing, and recreational shooting, except as described in this Act. Requires the heads of federal public land management agencies to exercise their discretion in a manner that supports and facilitates hunting, recreational fishing, and recreational shooting opportunities, to the extent authorized under applicable law. Requires that Bureau of Land Management (BLM) and Forest Service land, excluding land on the Outer Continental Shelf, be open to hunting, recreational fishing, or recreational shooting unless the managing agency acts to close lands to such activity. Permits closures or restrictions on such land for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, national security, or compliance with other law. Allows agencies to: (1) lease or permit use of federal public land for recreational shooting ranges, and (2) designate specific land for recreational shooting activities. Excepts from such use or designation land including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas. Requires annual reports on closures of federal public lands to hunting, recreational fishing, or recreational shooting. Sets forth requirements for specified closures or significant restrictions involving 1280 or more contiguous acres of federal public land or water to hunting or recreational fishing or related activities. Instructs federal public land agencies to consult with the advisory councils specified in Executive Orders 12962 (relating to recreational fisheries) and 13443 (relating to the facilitation of hunting heritage and wildlife conservation) in carrying out this Act.

Recreational Fishing and Hunting Heritage and Opportunities Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Captive Primate Safety Act''. SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED WILDLIFE SPECIES. Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C. 3371(g)) is amended by inserting before the period at the end ``or any nonhuman primate''. SEC. 3. CAPTIVE WILDLIFE AMENDMENTS. (a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A), by inserting ``or'' after the semicolon; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by inserting ``or subsection (e)'' before the period; and (2) in subsection (e)-- (A) by striking ``(e)'' and all that follows through paragraph (1) and inserting the following: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, any live animal of any prohibited wildlife species.''; and (B) in paragraph (2)-- (i) by striking so much as precedes subparagraph (A) and inserting the following: ``(2) Limitation on application.--Paragraph (1) does not apply to any person who--''; (ii) in subparagraph (A), by inserting before the semicolon at the end ``and does not allow direct contact between the any member of the public and a live bear, tiger, lion, jaguar, cougar, African leopard, snow leopard, ape, gibbon, siamang, monkey, or loris, regardless of the age of the animal''; (iii) in subparagraph (B), by striking ``State-licensed wildlife rehabilitator,''; (iv) in subparagraph (C)-- (I) by striking ``an accredited'' and inserting ``a''; (II) in clauses (ii) and (iii), by striking ``animals listed in section 2(g)'' each place it appears and inserting ``prohibited wildlife species''; and (III) in clause (iv), by striking ``animals'' and inserting ``prohibited wildlife species''; and (v) in subparagraph (D), by striking ``animal'' each place it appears and inserting ``prohibited wildlife species''. (b) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended-- (1) by inserting ``(e),'' after ``subsections (b), (d),''; and (2) by inserting ``, (e),'' after ``subsection (d)''. (c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended-- (1) in subparagraphs (A) and (B) of paragraph (1), by inserting ``(e),'' after ``subsections (b), (d),'' each place it appears; (2) in paragraph (2), by inserting ``(e),'' after ``subsections (b), (d),''; and (3) in paragraph (3), by inserting ``, (e),'' after ``subsection (d)''. (d) Effective Date; Regulations.-- (1) Effective date.--Subsections (a) through (c), and the amendments made by those subsections, shall take effect on the earlier of-- (A) the date of promulgation of regulations under paragraph (2); and (B) the expiration of the period referred to in paragraph (2). (2) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations implementing the amendments made by this section. SEC. 4. APPLICABILITY PROVISION AMENDMENT. Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108-191) is amended-- (1) in subsection (a), by striking ``(a) In General.-- Section 3'' and inserting ``Section 3''; and (2) by striking subsection (b). SEC. 5. REGULATIONS. Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following: ``(3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate any regulations necessary to implement section 3(e).''.

Captive Primate Safety Act This bill amends the Lacey Act Amendments of 1981 to prohibit importing, exporting, transporting, selling, receiving, acquiring, or purchasing in interstate or foreign commerce any live animal of a non-human primate species. The bill also limits any licensed or registered person from allowing direct contact between any member of the public and a live bear, tiger, lion, jaguar, cougar, African leopard, snow leopard, ape, gibbon, siamang, monkey, or loris. The Lacey Act prohibition applies to state-licensed wildlife rehabilitators.

Captive Primate Safety Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chief Manufacturing Officer Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds the following: (1) The manufacturing sector consists of establishments that are primarily engaged in the transformation of materials, substances, or components into products. (2) The Federal Government supports manufacturing in a variety of ways; manufacturing related activities are scattered in several agencies in the executive branch. (3) Manufacturing employment, output and exports are impacted by tax policies, state of infrastructure and transportation, small business regulations, environmental regulations, trade policies, innovation ecosystems, workforce development, and education initiatives, with national security implications. (4) Manufacturers account for 12 percent of the total gross domestic product output in the United States, employing 9 percent of the workforce. Total output from manufacturing was more than 2 trillion dollars in 2014. In addition, there were more than 12 million manufacturing employees in the United States in 2015, with an average annual compensation of about $80,000. (5) Legislative policies and executive actions often result in unintended, inconsistent, and conflicting outcomes with respect to the growth of manufacturing in the United States. (b) Sense of Congress.--It is the sense of Congress that a well- designed national manufacturing strategy would benefit the United States economy in several important ways: (1) A revitalized manufacturing sector enables the United States to derive more of its economic growth from exports and domestic production than it has in the past two decades. (2) Average domestic wages would rise in response to growing manufacturing output, as manufacturing jobs historically have paid higher wages and benefits than nonmanufacturing jobs. (3) A growing manufacturing sector would help lay a foundation for future United States economic growth, since manufacturing industries perform the vast share of private- sector research and development, which fuels the innovation that serves as a primary engine of economic growth. (4) The United States would expand its long-standing leadership in advanced manufacturing technologies with Federal investments in manufacturing research and development, education, and workforce training. (5) There has always been a strong connection between domestic manufacturing and national defense and homeland security. A strong and innovative manufacturing industry will maintain the United States military superiority and will allow for an unquestionable ability to respond quickly to threats and catastrophes. SEC. 3. UNITED STATES CHIEF MANUFACTURING OFFICER. (a) Appointment.--Not later than 6 months after the date of the enactment of this Act, the President shall appoint a United States Chief Manufacturing Officer, by and with the advise and consent of the Senate. The position of the Officer shall be in the Executive Office of the President and report to the President through the Chief of Staff. Such appointment shall not be construed to authorize an increase in the number of full-time equivalent employees within the Executive Office of the President. (b) Pay.--The annual rate of pay for the United States Chief Manufacturing Officer shall be an Executive Schedule rate of pay (subchapter II of chapter 53 of title 5, United States Code), as determined by the President, commensurate with the qualifications and expertise of the individual appointed to be such Officer. (c) Duties.--The primary duty of the United States Chief Manufacturing Officer is to develop the national manufacturing strategy described in subsection (d) and the other duties include the following: (1) Advise the President on policy issues that impact the economic activities and the workforce in the manufacturing sector. (2) Chair the Committee on Technology under the National Science and Technology Council. (3) Foster the coordination of manufacturing-related policies and activities across agencies by-- (A) encouraging the use of best innovative manufacturing practices across the Federal Government; (B) ensuring the use of best information technologies and cybersecurity practices for manufacturing; and (C) analyzing the status of manufacturing technology needs across agencies. (4) Conduct technology policy analyses to improve United States manufacturing productivity, technology, and innovation, and cooperate with United States manufacturing industry in the improvement of its productivity, technology, and ability to compete successfully in world markets. (5) Determine the influence of economic, labor, and other conditions, industrial structure and management, and government policies on technological developments in manufacturing sectors worldwide. (6) Identify technological needs, problems, and opportunities within and across the manufacturing sector that, if addressed, could make a significant contribution to the economy of the United States. (7) Assess whether the capital, technical, and other resources being allocated to manufacturing are likely to generate new technologies, are adequate to meet private and social demands for goods and services, and are sufficient to promote productivity and economic growth. (8) Propose studies and policy experiments, in cooperation with agencies, to determine the effectiveness of measures with the potential of advancing United States technological innovation in manufacturing. (9) Encourage the creation of joint initiatives by State and local governments, regional organizations, private businesses, institutions of higher education, nonprofit organizations, or Federal laboratories to encourage technology transfer, to stimulate innovation, and to promote an appropriate climate for investment in manufacturing-related industries. (10) Propose manufacturing-related cooperative research involving appropriate Federal entities, State or local governments, regional organizations, institutions of higher education, nonprofit organizations, or private industry to promote the common use of resources, to improve training programs and curricula, to stimulate interest in high technology manufacturing careers, and to encourage the effective dissemination of manufacturing technology skills within the wider community. (11) Serve as a focal point for discussions among companies that manufacture in the United States on topics of interest to the manufacturing industry and workforce, including discussions regarding emerging and advanced technologies. (12) Promote Government measures, including legislation, regulation, and policies with the potential of advancing United States technological innovation in manufacturing and exploiting manufacturing innovations of foreign origin. (13) Develop strategies and policies that would encourage manufacturing enterprises to maintain production facilities and retain manufacturing jobs in the United States and use manufacturing supply chains based in the United States. (14) Support communities negatively impacted by the closure or relocation of manufacturing facilities by promoting efforts to revitalize communities for new manufacturing enterprises. (15) Assist States in their economic development plans for manufacturing and in their efforts to relocate manufacturing facilities within the United States rather than moving manufacturing outside of the United States. (16) Promote the goals of Network for Manufacturing Innovation Program established under section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s). (17) Encourage participation of public and private organizations, State educational agencies, and institutions of higher education in the annual celebration of National Manufacturing Day to enhance the public perception of manufacturing. (18) Any other function and activity assigned by the President. (d) National Manufacturing Strategy.--The national manufacturing strategy shall contain a summary of the current state of manufacturing in the Federal Government and comprehensive strategies for-- (1) innovation policies and initiatives and investments in research and development; (2) identifying and addressing the anticipated workforce needs of the manufacturing sector; (3) strengthening education and the required training and certifications for manufacturing; (4) creating training and appropriate career paths to manufacturing jobs for qualified veterans and others that have become unemployed; (5) promoting the development of quality control and other technical standards; (6) maintaining reliable physical and telecommunications infrastructure, and the required investments in infrastructure projects as needed for manufacturing; (7) analyzing the status of manufacturing technology needs in the industrial sector and providing recommendations for economic and labor force expansions; (8) monitoring technology directions and analyzing strengths, weaknesses, threats, and opportunities in the United States manufacturing sector; (9) implementing appropriate tax incentives and credits to assist manufacturing enterprises improve their competitiveness; (10) recommending Federal and State regulations to reduce cost of manufacturing and improve productivity; (11) promoting the export of United States manufactured goods and enforcement of fair trading rules; (12) developing plans to strengthen the manufacturing ecosystems that would continuously foster the growth of advanced manufacturing; (13) identifying other forms of assistance to companies that manufacture in the United States to successfully compete in global markets; (14) coordinating the United States national manufacturing strategy with manufacturing strategy from each State to ensure a well-integrated national strategy; and (15) such other issues determined to be necessary by the President. (e) Reports.--Not later than 24 months after the date of the enactment of this Act, every 24 months thereafter, and upon request by the President or the Congress for an updated or interim report, the United States Chief Manufacturing Officer, in consultation with the Director of the Office of Management and Budget, shall submit to the President and Congress a report on the national manufacturing strategy described in subsection (d). The report shall address strategies to promote innovation and investment in domestic manufacturing, support the development of a skilled and diverse manufacturing workforce, promote equitable trade policies, expand exports of manufactured goods, enable global competitiveness, encourage sustainability, and support national security. (f) Conforming Amendment.--Section 102 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622) is amended by adding at the end the following new subsection: ``(d) Chair.--The Chair of the Committee shall be the United States Chief Manufacturing Officer.''. (g) Definitions.--In this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described under section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (4) State.--The term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe. (h) No Additional Funds Authorized.--No additional funds are authorized to be appropriated to carry out this Act. This Act shall be carried out using amounts otherwise made available for such purposes.

Chief Manufacturing Officer Act This bill expresses the sense of Congress that a well-designed national manufacturing strategy would benefit the U.S. economy. The President shall appoint a United States Chief Manufacturing Officer whose primary duty is to develop the national manufacturing strategy using the criteria set forth in this bill. The bill amends the America COMPETES Reauthorization Act of 2010 to designate the United States Chief Manufacturing Officer as the chair of the Committee on Technology under the National Science and Technology Council.

Chief Manufacturing Officer Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lumbee Recognition Act''. SEC. 2. PREAMBLE. The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking ``and'' at the end of each clause. (2) By striking ``: Now, therefore,'' at the end of the last clause and inserting a semicolon. (3) By adding at the end the following new clauses: ``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina are descendants of coastal North Carolina Indian tribes, principally Cheraw, and have remained a distinct Indian community since the time of contact with white settlers; ``Whereas since 1885 the State of North Carolina has recognized the Lumbee Indians as an Indian tribe; ``Whereas in 1956 the Congress of the United States acknowledged the Lumbee Indians as an Indian tribe, but withheld from the Lumbee Tribe the benefits, privileges and immunities to which the Tribe and its members otherwise would have been entitled by virtue of the Tribe's status as a federally recognized tribe; and ``Whereas the Congress finds that the Lumbee Indians should now be entitled to full Federal recognition of their status as an Indian tribe and that the benefits, privileges and immunities that accompany such status should be accorded to the Lumbee Tribe: Now, therefore,''. SEC. 3. FEDERAL RECOGNITION. The Act of June 7, 1956 (70 Stat. 254), is amended as follows: (1) By striking the last sentence of the first section. (2) By striking section 2 and inserting the following new sections: ``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee Tribe of North Carolina, as designated as petitioner number 65 by the Office of Federal Acknowledgement. All laws and regulations of the United States of general application to Indians and Indian tribes shall apply to the Lumbee Tribe of North Carolina and its members. ``(b) Notwithstanding the first section, any group of Indians in Robeson and adjoining counties, North Carolina, whose members are not enrolled in the Lumbee Tribe of North Carolina as determined under section 3(c), may petition under part 83 of title 25 of the Code of Federal Regulations for acknowledgement of tribal existence. ``Sec. 3. (a) The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. For the purposes of the delivery of such services, those members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina shall be deemed to be residing on or near an Indian reservation. ``(b) Upon verification by the Secretary of the Interior of a tribal roll under subsection (c), the Secretary of the Interior and the Secretary of Health and Human Services shall develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs to provide the services to which members of the Tribe are eligible. The Secretary of the Interior and the Secretary of Health and Human Services shall each submit a written statement of such needs to Congress after the tribal roll is verified. ``(c) For purposes of the delivery of Federal services, the tribal roll in effect on the date of the enactment of this section shall, subject to verification by the Secretary of the Interior, define the service population of the Tribe. The Secretary's verification shall be limited to confirming compliance with the membership criteria set out in the Tribe's constitution adopted on November 16, 2001, which verification shall be completed within 2 years after the date of the enactment of this section. ``Sec. 4. (a) The Secretary may take land into trust for the Lumbee Tribe pursuant to this Act. An application to take land located within Robeson County, North Carolina, into trust under this section shall be treated by the Secretary as an `on reservation' trust acquisition under part 151 of title 25, Code of Federal Regulation (or a successor regulation). ``(b) The tribe may not conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. ``Sec. 5. (a) The State of North Carolina shall exercise jurisdiction over-- ``(1) all criminal offenses that are committed on; and ``(2) all civil actions that arise on, lands located within the State of North Carolina that are owned by, or held in trust by the United States for, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina. ``(b) The Secretary of the Interior is authorized to accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) pursuant to an agreement between the Lumbee Tribe and the State of North Carolina. Such transfer of jurisdiction may not take effect until 2 years after the effective date of the agreement. ``(c) The provisions of this section shall not affect the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919). ``Sec. 6. There are authorized to be appropriated such sums as are necessary to carry out this Act.''. Passed the House of Representatives June 3, 2009. Attest: LORRAINE C. MILLER, Clerk.

(This measure has not been amended since it was reported to the House on May 12, 2009. The summary of that version is repeated here.) Lumbee Recognition Act - Extends federal recognition to the Lumbee Tribe of North Carolina. Prohibits the tribe from conducting gaming activities as a matter of claimed inherent authority or under the authority of any federal law. Requires North Carolina to exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on North Carolina lands owned by, or held in trust by the United States for, the Lumbee Tribe or any dependent Indian community of the Tribe.

To provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dam Rehabilitation and Repair Act of 2012''. SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS. (a) Definitions.--Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended-- (1) by striking paragraph (3); (2) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (3) by inserting before paragraph (2) (as redesignated by paragraph (2) of this subsection) the following: ``(1) Administrator.--The term `Administrator' means the Administrator of the Federal Emergency Management Agency.''; (4) by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) as paragraphs (5), (6), (7), (8), (9), (10), (13), (14), (15), and (16), respectively; (5) by inserting after paragraph (3) (as redesignated by paragraph (2) of this subsection) the following: ``(4) Deficient dam.--The term `deficient dam' means a dam that the State within the boundaries of which the dam is located determines-- ``(A) fails to meet minimum dam safety standards of the State; and ``(B) poses an unacceptable risk to the public.''; and (6) by inserting after paragraph (10) (as redesignated by paragraph (4) of this subsection) the following: ``(11) Publicly-owned dam.-- ``(A) In general.--The term `publicly-owned dam' means a dam that is owned by 1 or more State agencies or governments, local governments, municipal governments, or tribal governments. ``(B) Inclusions.--The term `publicly-owned dam' includes a dam owned by a nonprofit organization that-- ``(i) is established by 1 or more State, local, municipal, or tribal governments; and ``(ii) provides public benefits, such as-- ``(I) local flood control districts; ``(II) regional public water utilities; and ``(III) local irrigation districts. ``(12) Rehabilitation.--The term `rehabilitation' means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety standards.''. (b) Program for Rehabilitation and Repair of Deficient Dams.--The National Dam Safety Program Act is amended by inserting after section 8 (33 U.S.C. 467f) the following: ``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS. ``(a) Establishment of Program.--The Administrator shall establish, within FEMA, a program to provide grant assistance to States for use in rehabilitation of deficient dams that are publicly-owned dams. ``(b) Award of Grants.-- ``(1) Application.-- ``(A) In general.--A State interested in receiving a grant under this section may submit to the Administrator an application for the grant. ``(B) Requirements.--An application submitted to the Administrator under this section shall be submitted at such time, be in such form, and contain such information as the Administrator may prescribe by regulation. ``(2) Grant.-- ``(A) In general.--The Administrator may make a grant in accordance with this section for rehabilitation of a deficient dam to a State that submits an application for the grant in accordance with the regulations prescribed by the Administrator. ``(B) Project grant agreement.--The Administrator shall enter into a project grant agreement with the State to establish the terms of the grant and the project, including the amount of the grant. ``(C) Grant assurance.--As part of a project agreement entered into under subparagraph (B), the Administrator shall require a State to provide an assurance, with respect to the dam to be rehabilitated under the project, that the owner of the dam has developed and will carry out a plan for maintenance of the dam during the expected life of the dam. ``(3) Applicability of requirements.--The Administrator shall require recipients of grants under this section to assure compliance with the standards set forth in section 611(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9)), as in effect on the date of enactment of this section, in the same manner that recipients of financial contributions under section 611(j) of such Act are required to assure compliance with such standards. ``(c) Priority System.--The Administrator, in consultation with the Board, shall develop a risk-based priority system for use in identifying deficient dams for which grants may be made under this section. ``(d) Allocation of Funds.--The total amount of funds appropriated pursuant to subsection (h)(1) for a fiscal year shall be allocated for making grants under this section to States applying for the grants for that fiscal year as follows: ``(1) \1/3\ divided equally among applying States. ``(2) \2/3\ divided among applying States based on the proportion that-- ``(A) the number of non-Federal publicly-owned dams that the Secretary of the Army identifies in the national inventory of dams maintained under section 6 as constituting a danger to human health and that are located within the boundaries of the State; bears to ``(B) the number of non-Federal publicly-owned dams that are so identified and that are located within the boundaries of all applying States. ``(e) Use of Funds.--None of the funds provided in the form of a grant or otherwise made available under this section shall be used-- ``(1) to rehabilitate a Federal dam; ``(2) to perform routine operation or maintenance of a dam; ``(3) to modify a dam to produce hydroelectric power; ``(4) to increase water supply storage capacity; or ``(5) to make any other modification to a dam that does not also improve the safety of the dam. ``(f) Cost Sharing.--The Federal share of the cost of rehabilitation of a deficient dam for which a grant is made under this section may not exceed 65 percent of the cost of the rehabilitation. ``(g) Contractual Requirements.-- ``(1) In general.--Subject to paragraph (2), as a condition on the receipt of a grant under this section, a State that receives the grant shall require that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services entered into using funds from the grant be awarded in the same manner as a contract for architectural and engineering services is awarded under-- ``(A) chapter 11 of title 40, United States Code; or ``(B) an equivalent qualifications-based requirement prescribed by the State. ``(2) No proprietary interest.--A contract awarded in accordance with paragraph (1) shall not be considered to confer a proprietary interest upon the United States. ``(h) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $10,000,000 for fiscal year 2013; ``(B) $15,000,000 for fiscal year 2014; ``(C) $25,000,000 for fiscal year 2015; ``(D) $50,000,000 for fiscal year 2016; and ``(E) $100,000,000 for fiscal year 2017. ``(2) Staff.--There is authorized to be appropriated to provide for the employment of such additional staff of FEMA as are necessary to carry out this section $400,000 for each of fiscal years 2013 through 2017. ``(3) Period of availability.--Amounts made available under this section shall remain available until expended.''. SEC. 3. RULEMAKING. (a) Proposed Rulemaking.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall issue a notice of proposed rulemaking regarding the amendments made by section 2 to the National Dam Safety Program Act (33 U.S.C. 467 et seq.). (b) Final Rule.--Not later than 120 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall promulgate a final rule regarding the amendments described in subsection (a).

Dam Rehabilitation and Repair Act of 2012 - Amends the National Dam Safety Program Act to require the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams). Sets forth provisions regarding procedures for grant awards and fund allocation. Requires the FEMA Administrator to: (1) require a state to provide an assurance that the owner of the dam to be rehabilitated has developed and will carry out a maintenance plan during the expected life of the dam, (2) require a recipient of a grant under this Act to comply with requirements applicable to contributions of federal funds under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and (3) develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the federal share of rehabilitation costs to 65%. Prohibits funds from being used to: (1) rehabilitate a federal dam, (2) perform routine operation or maintenance, (3) modify a dam to produce hydroelectric power, (4) increase water supply storage capacity, or (5) make any other modification that does not also improve safety. Conditions the receipt of grants by states upon compliance with specified requirements regarding contracts for architectural and engineering services. Provides that such contracts shall not be considered to confer a proprietary interest upon the United States.

To amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teen Pregnancy Prevention, Responsibility, and Opportunity Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The United States has the highest teen-pregnancy rate and teen birth rate in the western industrialized world, costing the United States at least $7 billion annually. (2) About one out of three of all young women in America become pregnant before they reach the age of 20. (3) Teen pregnancy has serious consequences for young women, their children, and communities as a whole. Too-early childbearing increases the likelihood that a young woman will drop out of high school and that she and her child will live in poverty. (4) Statistically, the sons of teen mothers are more likely to end up in prison. The daughters of teen mothers are more likely to end up teen mothers too. (5) Teens that grow up in disadvantaged economical, social, and familial circumstances are more likely to engage in risky behavior and have a child during adolescence. (6) Teens with strong emotional attachments to their parents are more likely to become sexually active at a later age. Seven out of ten teens say that they are prepared to listen to things parents thought they were not ready to hear. (7) 78 percent of white and 70 percent of African American teenagers report that lack of communication between a teenage girl and her parents is frequently a reason a teenage girl has a baby. (8) One study found that the likelihood of teens having sex for the first time increased with the number of unsupervised hours teens have during a week. (9) After-school programs reduce teen risky behavior by involving teens in activities that provide alternatives to sex. Teenage girls who play sports, for instance, are more likely to delay sex and have fewer partners and less likely to become pregnant. (10) After-school programs help prevent teen pregnancy by advancing good decision-making skills and providing teens health education and positive role models in a supervised setting. (11) Eight in 10 girls and six in 10 boys report that they wish they had waited until they were older to have sex. SEC. 3. EDUCATION PROGRAM FOR PREVENTING TEEN PREGNANCIES. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') may make grants to local educational agencies, State and local public health agencies, and nonprofit private entities for the purpose of carrying out projects to provide education on preventing teen pregnancies. (b) Preference in Making Grants.--In making grants under subsection (a), the Secretary shall give preference to applicants that will carry out the projects under such subsection in communities for which the rate of teen pregnancy is significantly above the average rate of such pregnancies. (c) Certain Requirements.--A grant may be made under subsection (a) only if the applicant for the grant meets the following conditions with respect to the project involved: (1) The applicant agrees that information provided by the project on pregnancy prevention will be age-appropriate, factually and medically accurate and complete, and scientifically-based. (2) The applicant agrees that the project will give priority to preventing teen pregnancies by-- (A) encouraging teens to delay sexual activity; (B) providing educational services and interventions for sexually active teens or teens at risk of becoming sexually active; (C) educating both young men and women about the responsibilities and pressures that come along with parenting; (D) helping parents communicate with teens about sexuality; or (E) teaching young people responsible decision- making. (d) Matching Funds.-- (1) In general.--With respect to the costs of the project to be carried out under subsection (a) by an applicant, a grant may be made under such subsection only if the applicant agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs ($1 for each $3 of Federal funds provided in the grant). (2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (e) Maintenance of Effort.--With respect to the activities for which a grant under subsection (a) is authorized to be expended, such a grant may be made for a fiscal year only if the applicant involved agrees to maintain expenditures of non-Federal amounts for such activities at a level that is not less than the level of such expenditures maintained by the entity for the fiscal year preceding the first fiscal year for which the entity received such a grant. (f) Evaluation of Projects.--The Secretary shall establish criteria for the evaluation of projects under subsection (a). A grant may be made under such subsection only if the applicant involved-- (1) agrees to conduct evaluations of the project in accordance with such criteria; (2) agrees to submit to the Secretary such reports describing the results of the evaluations as the Secretary determines to be appropriate; and (3) submits to the Secretary, in the application under subsection (g), a plan for conducting the evaluations. (g) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information, including the agreements under subsections (c) through (f) and the plan under subsection (f)(3), as the Secretary determines to be necessary to carry out this section. (h) Report to Congress.--Not later than October 1, 2011, the Secretary shall submit to the Congress a report describing the extent to which projects under subsection (a) have been successful in reducing the rate of teen pregnancies in the communities in which the projects have been carried out. (i) Definitions.--For purposes of this section: (1) The term ``age-appropriate'', with respect to information on pregnancy prevention, means topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. (2) The term ``factually and medically accurate and complete'' means verified or supported by the weight of research conducted in compliance with accepted scientific methods and-- (A) published in peer-reviewed journals, where applicable; or (B) comprising information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. (3) The term ``local educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965. (j) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $20,000,000 for each of the fiscal years 2006 through 2010. SEC. 4. REAUTHORIZATION OF CERTAIN AFTER-SCHOOL PROGRAMS. (a) 21st Century Community Learning Centers.--Section 4206 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7176) is amended-- (1) in paragraph (5), by striking ``$2,250,000,000'' and inserting ``$2,500,000,000''; and (2) in paragraph (6), by striking ``$2,500,000,000'' and inserting ``$2,750,000,000''. (b) Carol M. White Physical Education Program.--Section 5401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241) is amended-- (1) by striking ``There are'' and inserting ``(a) In General.--There are''; and (2) by adding at the end the following: ``(b) Physical Education.--In addition to the amounts authorized to be appropriated by subsection (a), there are authorized to be appropriated $73,000,000 for each of fiscal years 2006 and 2007 to carry out subpart 10.''. (c) Federal TRIO Programs.--Section 402A(f) of the Higher Education Act of 1965 (20 U.S.C. 1070a-11(f)) is amended by striking ``$700,000,000 for fiscal year 1999, and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``$883,000,000 for fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years''. (d) GEARUP.--Section 404H of the Higher Education Act of 1965 (20 U.S.C. 1070a-28) is amended by striking ``$200,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``$325,000,000 for fiscal year 2006 and such sums as may be necessary for each of the 5 succeeding fiscal years''. SEC. 5. DEMONSTRATION GRANTS TO ENCOURAGE CREATIVE APPROACHES TO TEEN PREGNANCY PREVENTION AND AFTER-SCHOOL PROGRAMS. (a) In General.--The Secretary may make grants to public or nonprofit private entities for the purpose of assisting the entities in demonstrating innovative approaches to prevent teen pregnancies. (b) Certain Approaches.--Approaches under subsection (a) may include approaches such as the following: (1) Encouraging teen-driven approaches to pregnancy prevention. (2) Exposing teens to realistic simulations of the physical, emotional, and financial toll of pregnancy and parenting. (3) Facilitating communication between parents and children, especially programs that have been evaluated and proven effective. (c) Matching Funds.-- (1) In general.--With respect to the costs of the project to be carried out under subsection (a) by an applicant, a grant may be made under such subsection only if the applicant agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs ($1 for each $3 of Federal funds provided in the grant). (2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (d) Evaluation of Projects.--The Secretary shall establish criteria for the evaluation of projects under subsection (a). A grant may be made under such subsection only if the applicant involved-- (1) agrees to conduct evaluations of the project in accordance with such criteria; (2) agrees to submit to the Secretary such reports describing the results of the evaluations as the Secretary determines to be appropriate; and (3) submits to the Secretary, in the application under subsection (e), a plan for conducting the evaluations. (e) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information, including the agreements under subsections (c) and (d) and the plan under subsection (d)(3), as the Secretary determines to be necessary to carry out this section. (f) Report to Congress.--Not later than October 1, 2011, the Secretary shall submit to the Congress a report describing the extent to which projects under subsection (a) have been successful in reducing the rate of teen pregnancies in the communities in which the projects have been carried out. Such reports shall describe the various approaches used under subsection (a) and the effectiveness of each of the approaches. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 2006 through 2010.

Teen Pregnancy Prevention, Responsibility, and Opportunity Act of 2005 - Authorizes the Secretary of Health and Human Services to make grants to: (1) local educational agencies, state and local public health agencies, and nonprofit private entities for projects to provide education on preventing teen pregnancies; and (2) public or nonprofit private entities for demonstrating innovative approaches to prevent teen pregnancies. Reauthorizes appropriations for: (1) 21st Century Community Learning Centers and the Carol M. White physical education program, under the Elementary and Secondary Education Act of 1965; and (2) TRIO programs and GEARUP, under the Higher Education Act of 1965.

To authorize grants to carry out projects to provide education on preventing teen pregnancies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hyde and Related Amendments Codification Act''. SEC. 2. PROHIBITING TAXPAYER FUNDED ABORTIONS AND PROVIDING FOR CONSCIENCE PROTECTIONS. (a) In General.--Title 1, United States Code is amended by adding at the end the following new chapter: ``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS AND PROVIDING FOR CONSCIENCE PROTECTIONS ``Sec. ``301. Prohibition on funding for abortions. ``302. Prohibition on funding for health benefits plans that cover abortion. ``303. Limitation on Federal facilities and employees. ``304. Construction relating to separate coverage. ``305. Construction relating to the use of non-Federal funds for health coverage. ``306. Non-preemption of other Federal laws. ``307. Construction relating to complications arising from abortion. ``308. Treatment of abortions related to rape, incest, or preserving the life of the mother. ``309. Application to District of Columbia. ``310. No government discrimination against certain health care entities. ``Sec. 301. Prohibition on funding for abortions ``No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. ``Sec. 302. Prohibition on funding for health benefits plans that cover abortion ``None of the funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. ``Sec. 303. Limitation on Federal facilities and employees ``No health care service furnished-- ``(1) by or in a health care facility owned or operated by the Federal Government; or ``(2) by any physician or other individual employed by the Federal Government to provide health care services within the scope of the physician's or individual's employment, may include abortion. ``Sec. 304. Construction relating to separate coverage ``Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 305. Construction relating to the use of non-Federal funds for health coverage ``Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 306. Non-preemption of other Federal laws ``Nothing in this chapter shall repeal, amend, or have any effect on any other Federal law to the extent such law imposes any limitation on the use of funds for abortion or for health benefits coverage that includes coverage of abortion, beyond the limitations set forth in this chapter. ``Sec. 307. Construction relating to complications arising from abortion ``Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion. This rule of construction shall be applicable without regard to whether the abortion was performed in accord with Federal or State law, and without regard to whether funding for the abortion is permissible under section 308. ``Sec. 308. Treatment of abortions related to rape, incest, or preserving the life of the mother ``The limitations established in sections 301, 302, and 303 shall not apply to an abortion-- ``(1) if the pregnancy is the result of an act of rape or incest; or ``(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``Sec. 309. Application to District of Columbia ``In this chapter: ``(1) Any reference to funds appropriated by Federal law shall be treated as including any amounts within the budget of the District of Columbia that have been approved by Act of Congress pursuant to section 446 of the District of Columbia Home Rule Act (or any applicable successor Federal law). ``(2) The term `Federal Government' includes the government of the District of Columbia. ``Sec. 310. No government discrimination against certain health care entities ``(a) Nondiscrimination.--A Federal agency or program, and any State or local government that receives Federal financial assistance (either directly or indirectly), may not subject any individual or institutional health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. ``(b) Health Care Entity Defined.--For purposes of this section, the term `health care entity' includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. ``(c) Remedies.-- ``(1) In general.--The courts of the United States shall have jurisdiction to prevent and redress actual or threatened violations of this section by issuing any form of legal or equitable relief, including-- ``(A) injunctions prohibiting conduct that violates this section; and ``(B) orders preventing the disbursement of all or a portion of Federal financial assistance to a State or local government, or to a specific offending agency or program of a State or local government, until such time as the conduct prohibited by this section has ceased. ``(2) Commencement of action.--An action under this subsection may be instituted by-- ``(A) any health care entity that has standing to complain of an actual or threatened violation of this section; or ``(B) the Attorney General of the United States. ``(d) Administration.--The Secretary of Health and Human Services 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; ``(2) subject to paragraph (3), to pursue the investigation of such complaints in coordination with the Attorney General; and ``(3) in the case of a complaint related to a Federal agency (other than with respect to the Department of Health and Human Services) or program administered through such other agency or any State or local government receiving Federal financial assistance through such other agency, to refer the complaint to the appropriate office of such other agency.''. (b) Amendment to Table of Chapters.--The table of chapters for title 1, United States Code, is amended by adding at the end the following new item: ``4. Prohibiting taxpayer funded abortions and providing for 301''. conscience protections.

Hyde and Related Amendments Codification Act- Prohibits the expenditure of funds authorized or appropriated by federal law or funds in any trust fund to which funds are authorized or appropriated by federal law (federal funds) for any abortion. Prohibits federal funds from being used for any health benefits coverage that includes coverage of abortion. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.) Prohibits the inclusion of abortion in any health care service furnished by a federal or District of Columbia health care facility or by any physician or other individual employed by the federal government or the District. Excludes from such prohibitions an abortion if: (1) the pregnancy is the result of rape or incest; or (2) the woman suffers from a physical disorder, injury, or illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would place her in danger of death unless an abortion is performed, as certified by a physician. Makes such prohibitions applicable to District of Columbia funds. Codifies the prohibition against a federal agency or program or any state or local government that receives federal financial assistance from subjecting any individual or health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. Creates a cause of action for any violations of such provisions. Gives federal courts jurisdiction to prevent and redress actual or threatened violations of such provisions by issuing any form of legal or equitable relief, including an injunction or order preventing the disbursement of all or a portion of federal financial assistance until the prohibited conduct has ceased. Gives standing to institute an action to affected health care entities and the Attorney General. Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive, investigate, and refer to the appropriate federal agency complaints alleging a violation of such provisions.

A bill to prohibit taxpayer funded abortions and to provide for conscience protections, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NATO Enlargement Facilitation Act of 1996''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Since 1949, the North Atlantic Treaty Organization (NATO) has played an essential role in guaranteeing the security, freedom, and prosperity of the United States and its partners in the Alliance. (2) The NATO Alliance is, and has been since its inception, purely defensive in character, and it poses no threat to any nation. The enlargement of the NATO Alliance to include as full and equal members emerging democracies in Central and Eastern Europe does not threaten any nation. America's security, freedom, and prosperity remain linked to the security of the countries of Europe. (3) The sustained commitment of the member countries of NATO to a mutual defense has made possible the democratic transformation of Eastern Europe. Members of the Alliance can and should play a critical role in addressing the security challenges of the post-Cold War era and in creating the stable environment needed for those emerging democracies in Central and Eastern Europe to successfully complete political and economic transformation. (4) NATO has enlarged its membership on 3 different occasions since 1949. (5) Congress has sought to facilitate the further enlargement of NATO at an early date by enacting the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) and the NATO Participation Act Amendments of 1995 (section 585 of Public Law 104-107). (6) As new members of NATO assume the responsibilities of Alliance membership, the costs of maintaining stability in Europe will be shared more widely. Facilitation of the enlargement process will require current members of NATO, and the United States in particular, to demonstrate the political will needed to build on successful ongoing programs such as the Warsaw Initiative and the Partnership for Peace by making available the resources necessary to supplement efforts prospective new members are themselves undertaking. (7) New members will be full members of the Alliance, enjoying all rights and assuming all the obligations under the Washington Treaty. (8) Cooperative regional peacekeeping initiatives involving emerging democracies in Central and Eastern Europe that have expressed interest in joining NATO, such as the Baltic Peacekeeping Battalion, the Polish-Lithuanian Joint Peacekeeping Force, and the Polish-Ukrainian Peacekeeping Force, can make an important contribution to European peace and security and international peacekeeping efforts, assist those countries preparing to assume the responsibilities of possible NATO membership, and accordingly should receive appropriate support from the United States. (9) The United States continues to regard the political independence and territorial integrity of all emerging democracies in Central and Eastern Europe as vital to European peace and security. (10) NATO remains the only multilateral security organization capable of conducting effective military operations and preserving security and stability of the Euro- Atlantic region. (11) NATO is an important diplomatic forum and has played a positive role in defusing tensions between members of the Alliance and, as a result, no military action has occurred between two Alliance member states since the inception of NATO in 1949. (12) The admission to NATO of emerging democracies in Central and Eastern Europe that meet specific criteria for NATO membership would contribute to international peace and enhance the security of the region. (13) A number of Eastern European countries have expressed interest in NATO membership, and have taken concrete steps to demonstrate this commitment; including their participation in Partnership for Peace activities. (14) In recognition that not all countries which have requested membership in NATO will necessarily qualify at the same pace, the accession date for each new member will vary. (15) The eventual membership of Austria, Finland, and Sweden is fully expected and is not precluded by this Act. (16) The provision of additional NATO transition assistance should include those emerging democracies most ready for closer ties with NATO and should be designed to assist other countries meeting specified criteria of eligibility to move forward toward eventual NATO membership. (17) The Congress of the United States finds that Poland, Hungary, and the Czech Republic have made the most progress toward achieving the stated criteria and should be eligible for the additional assistance described in this bill. (18) The evaluation of future membership in NATO for emerging democracies in Central and Eastern Europe should be based on the progress of those nations in meeting criteria for NATO membership, which require enhancement of NATO's security and the approval of all NATO members. SEC. 3. UNITED STATES POLICY. It should be the policy of the United States-- (1) to join with the NATO allies of the United States to redefine the role of the NATO Alliance in the post-Cold War world; (2) to actively assist the emerging democracies in Central and Eastern Europe in their transition so that such countries may eventually qualify for NATO membership; and (3) to work to define a constructive and cooperative political and security relationship between an enlarged NATO and the Russian Federation. SEC. 4. SENSE OF THE CONGRESS. It is the sense of the Congress that in order to promote economic stability and security in Estonia, Latvia, Lithuania, Slovenia, Slovakia, Bulgaria, Romania, Albania, Moldova, and Ukraine-- (1) the United States should support the full and active participation of these countries in activities appropriate for qualifying for NATO membership; (2) the United States Government should use all diplomatic means available to press the European Union to admit as soon as possible any country which qualifies for membership; and (3) the United States Government and the North Atlantic Treaty Organization should support military exercises and peacekeeping initiatives between and among these nations, nations of the North Atlantic Treaty Organization, and Russia. SEC. 5. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT ASSISTANCE. (a) In General.--The following countries are designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994: Poland, Hungary, and the Czech Republic. (b) Designation of Other Countries.--The President shall designate other emerging democracies in Central and Eastern Europe as eligible to receive assistance under the program established under section 203(a) of such Act if such countries-- (1) have expressed a clear desire to join NATO; (2) have begun an individualized dialogue with NATO in preparation for accession; (3) are strategically significant to an effective NATO defense; and (4) have met the other criteria outlined in section 203(d) of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note). (c) Rule of Construction.--Subsection (a) does not preclude the designation by the President of Slovakia, Estonia, Latvia, Lithuania, Romania, Slovenia, or any other emerging democracy in Central and Eastern Europe pursuant to section 203(d) of the NATO Participation Act of 1994 as eligible to receive assistance under the program established under section 203(a) of such Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT ASSISTANCE. (a) In General.--There are authorized to be appropriated $60,000,000 for fiscal year 1997 for the program established under section 203(a) of the NATO Participation Act of 1994. (b) Availability.--Of the funds authorized to be appropriated by subsection (a)-- (1) $20,000,000 shall be available for the subsidy cost, as defined in section 502(5) of the Credit Reform Act of 1990, of direct loans pursuant to the authority of section 203(c)(4) of the NATO Participation Act of 1994 and section 23 of the Arms Export Control Act (relating to the ``Foreign Military Financing Program''); (2) $30,000,000 shall be available for assistance on a grant basis pursuant to the authority of section 203(c)(4) of the NATO Participation Act of 1994 and section 23 of the Arms Export Control Act (relating to the ``Foreign Military Financing Program''); and (3) $10,000,000 shall be available for assistance pursuant to the authority of section 203(c)(3) of the NATO Participation Act of 1994 and chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training). (c) Rule of Construction.--Amounts authorized to be appropriated under this section are authorized to be appropriated in addition to such amounts as otherwise may be available for such purposes. SEC. 7. EXCESS DEFENSE ARTICLES. (a) Priority Delivery.--Notwithstanding any other provision of law, the provision and delivery of excess defense articles under the authority of section 203(c) (1) and (2) of the NATO Participation Act of 1994 and section 516 of the Foreign Assistance Act of 1961 shall be given priority to the maximum extent feasible over the provision and delivery of such excess defense articles to all other countries except those countries referred to in section 541 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 Stat. 1640). (b) Cooperative Regional Peacekeeping Initiatives.--The Congress encourages the President to provide excess defense articles and other appropriate assistance to cooperative regional peacekeeping initiatives involving emerging democracies in Central and Eastern Europe that have expressed an interest in joining NATO in order to enhance their ability to contribute to European peace and security and international peacekeeping efforts. SEC. 8. MODERNIZATION OF DEFENSE CAPABILITY. The Congress endorses efforts by the United States to modernize the defense capability of Poland, Hungary, the Czech Republic, and any other countries designed by the President pursuant to section 203(d) of the NATO Participation Act of 1994, by exploring with such countries options for the sale or lease to such countries of weapons systems compatible with those used by NATO members, including air defense systems, advanced fighter aircraft, and telecommunications infrastructure. SEC. 9. TERMINATION OF ELIGIBILITY. (a) In General.--Section 203(f) of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) is amended to read as follows: ``(f) Termination of Eligibility.--(1) The eligibility of a country designated under subsection (d) for the program established in subsection (a) shall terminate 60 days after the President makes a certification under paragraph (2) unless, within the 60-day period, the Congress enacts a joint resolution disapproving the termination of eligibility. ``(2) Whenever the President determines that the government of a country designated under subsection (d)-- ``(A) no longer meets the criteria set forth in subsection (d)(2)(A); ``(B) is hostile to the NATO Alliance; or ``(C) poses a national security threat to the United States, then the President shall so certify to the appropriate congressional committees. ``(3) Nothing in this Act affects the eligibility of countries to participate under other provisions of law in programs described in this Act.''. (b) Congressional Priority Procedures.--Section 203 of such Act is amended by adding at the end the following new subsection: ``(g) Congressional Priority Procedures.-- ``(1) Applicable procedures.--A joint resolution described in paragraph (2) which is introduced in a House of Congress shall be considered in accordance with the procedures set forth in paragraphs (3) through (7) of section 8066(c) of the Department of Defense Appropriations Act, 1985 (as contained in Public Law 98-473; 98 Stat. 1936), except that-- ``(A) references to the `resolution described in paragraph (1)' shall be deemed to be references to the joint resolution; and ``(B) references to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate shall be deemed to be references to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate, respectively. ``(2) Text of joint resolution.--A joint resolution under this paragraph is a joint resolution the matter after the resolving clause of which is as follows: `That the Congress disapproves the certification submitted by the President on __________ pursuant to section 203(f) of the NATO Participation Act of 1994.'.''. SEC. 10. AMENDMENTS TO THE NATO PARTICIPATION ACT. (a) Conforming Amendment.--The NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) is amended in sections 203(a), 203(d)(1), and 203(d)(2) by striking ``countries emerging from communist domination'' each place it appears and inserting ``emerging democracies in Central and Eastern Europe''. (b) Definitions.--The NATO Participation Act of 1994 (title II of Public Law 103-446; 22 U.S.C. 1928 note) is amended by adding at the end the following new section: ``SEC. 206. DEFINITIONS. ``The term `emerging democracies in Central and Eastern Europe' includes, but is not limited to, Albania, Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, Slovakia, Slovenia, and Ukraine.''. SEC. 11. DEFINITIONS. As used in this Act: (1) Emerging democracies in central and eastern europe.-- The term ``emerging democracies in Central and Eastern Europe'' includes, but is not limited to, Albania, Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, Slovakia, Slovenia, and Ukraine. (2) NATO.--The term ``NATO'' means the North Atlantic Treaty Organization.

NATO Enlargement Facilitation Act of 1996 - Declares that it should be the policy of the United States to: (1) assist the transition to full membership in the North Atlantic Treaty Organization (NATO) of emerging democracies in Central and Eastern Europe; and (2) work to construct a political and security relationship between an enlarged NATO and the Russian Federation. Expresses the sense of the Congress that in order to promote security in Estonia, Latvia, Lithuania, Slovenia, Slovakia, Bulgaria, Romania, Albania, Moldova, and Ukraine: (1) the United States should support the full and active participation of these countries in activities that will qualify them for NATO membership; (2) the U.S. Government should press the European Union to admit as soon as possible any country qualifying for membership; and (3) the United States and NATO should support military and peacekeeping initiatives between and among such countries, NATO countries, and Russia. Designates Poland, Hungary, and the Czech Republic as eligible to receive certain assistance for transition to full membership in NATO. Requires the President to designate as eligible for such assistance other emerging democracies in Central and Eastern Europe that meet specified criteria. Authorizes appropriations for NATO enlargement assistance. Declares that the transfer of excess defense articles to countries intending to participate in NATO (including countries of NATO's southern flank) shall be given priority, to the maximum extent feasible, over the delivery of such articles to other countries, except certain countries specified under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995. Amends the NATO Participation Act of 1994 to establish a presidential and congressional procedure for termination of eligibility for assistance for Partnership for Peace countries which: (1) no longer meet certain eligibility criteria; (2) are hostile to the NATO alliance; or (3) pose a national security threat to the United States.

NATO Enlargement Facilitation Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Export Facilitation Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The export sector of United States agriculture makes an important positive contribution to this country's trade balance. (2) According to the United States Department of Agriculture, Foreign Agricultural Service, the total value of United States exports of agricultural products shipped to Cuba since 2000 when such sales were first authorized by Congress is approximately $1,426,300,000, excluding transportation, port fees, and insurance costs beyond the port of exportation. In December 2001, Cuba purchased approximately $4,600,000 in food and agricultural products. In 2002, Cuba purchased approximately $139,800,000 in food and agricultural products. In 2003, Cuba purchased approximately $247,600,000 in food and agricultural products. In 2004, Cuba purchased approximately $383,900,000 in food and agricultural products. In 2005, Cuba purchased approximately $346,000,000 in food and agricultural products. Cuba is therefore an important source of revenue for United States agriculture and its affiliated industries, such as manufacturers and distributors of value-added food products. (3) To be competitive in sales to Cuban purchasers, United States exporters of agricultural products and their representatives, including representatives of United States air or sea carriers, ports, and shippers, must have ready and reliable physical access to Cuba. Such access is currently uncertain because, under existing regulations, United States exporters and their representatives must apply for and receive special Department of the Treasury licenses to travel to Cuba to engage in sales-related activities. The issuance of such licenses is subject to both administrative delays and periodic denials. A blanket statutory authorization for sales and transport-related travel to Cuba by United States exporters will remove the current bureaucratic impediment to agricultural product sales endorsed by Congress when it passed the Trade Sanctions Reform and Export Enhancement Act of 2000. (4) On many occasions visas to enter the United States have been delayed and often denied to prospective Cuban purchasers of products authorized under the Trade Sanctions Reform and Export Enhancement Act of 2000. The result has been that family farmers and other small producers and distributors of agricultural products who lack the resources to fund sales delegations to Cuba have been denied access to potential purchasers in that country. A simple solution is to issue visas to Cuban nationals who demonstrate an itinerary of meetings with prospective United States exporters of products authorized under the Trade Sanctions Reform and Export Enhancement Act of 2000. In addition, visas should be issued to Cuban phytosanitary inspectors who require entry into the United States to conduct on-premise inspections of production and processing facilities and the products of potential United States exporters. (5) The Trade Sanctions Reform and Export Enhancement Act of 2000 requires ``payment of cash in advance'' for United States agricultural exports to Cuba. Some Federal agencies responsible for the implementation of the Trade Sanctions Reform and Export Enhancement Act of 2000 have expressed the view that ``cash in advance'' requires that payment be received by a United States exporter in advance of shipment of goods to Cuba. Indeed, in late 2004 payments due United States exporters from purchasers in Cuba were frozen in United States banks while the terms of those payments were reviewed unnecessarily. This action by the Department of the Treasury has created a climate of commercial uncertainty that has inhibited agricultural sales to Cuba under the Trade Sanctions Reform and Export Enhancement Act of 2000. (6) There is nothing in either the Trade Sanctions Reform and Export Enhancement Act of 2000 itself or its legislative history to support the view that Congress intended payment to be made in advance of the shipment of goods from the United States to Cuba. It was and is the intent of Congress that a seller of a product authorized under the Trade Sanctions Reform and Export Enhancement Act of 2000 receive payment only before a Cuban purchaser takes physical possession of that product. (7) At present it is the policy of the United States Government to prohibit direct payment between Cuban and United States financial institutions. As a result, Cuban purchasers of products authorized under the Trade Sanctions Reform and Export Enhancement Act of 2000 must route their payments through third country banks that charge a fee for this service. Allowing direct payments between Cuban and United States financial institutions will permit the United States exporters to receive payment directly to their financial institutions within hours instead of days and will eliminate an unnecessary transactional fee, thereby allowing Cuban purchasers to purchase more United States origin agricultural products. (b) Purpose.--The purpose of this Act is to restate the intent of Congress with respect to the Trade Sanctions Reform and Export Enhancement Act of 2000, to remove impediments to present and future sales of United States agricultural products to Cuba under such Act, and to otherwise facilitate such sales. SEC. 3. TRAVEL TO CUBA IN CONNECTION WITH AUTHORIZED SALES ACTIVITIES UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209) is amended by adding at the end the following: ``(c) General License Authority for Travel-Related Expenditures in Cuba by Persons Engaging in Sales and Marketing Activities and Transportation Activities.-- ``(1) In general.--The Secretary of the Treasury shall authorize under a general license the travel-related transactions listed in subsection (c) of section 515.560 of title 31, Code of Federal Regulations, for travel to, from, or within Cuba in connection with-- ``(A) sales and marketing activities of products pursuant to this Act, including the organization and participation in product exhibitions; and ``(B) transportation by sea or air of products pursuant to this Act. ``(2) Sales and marketing activities defined.-- ``(A) In general.--In paragraph (1), the term `sales and marketing activities' means any activity with respect to travel to, from, or within Cuba that is undertaken by a United States person in order to explore the market in that country for the sale of products pursuant to this Act or to engage in sales activities with respect to such products. ``(B) Other definitions.--In subparagraph (A)-- ``(i) the term `sales activities' includes exhibiting, negotiating, marketing, surveying the market, and delivering and servicing products pursuant to this Act; and ``(ii) the term `United States person' includes a full-time employee, executive, sales agent or consultant of a producer, manufacturer, distributor, shipper, United States air or seaport, or a carrier of products authorized for sale pursuant to this Act, as well as an exhibitor, representative, or member of a national or State trade organization that promotes the interests of a producer, manufacturer, or distributor of such products. ``(3) Regulations.--The Secretary of the Treasury shall promulgate such rules and regulations as are necessary to carry out the provisions of this subsection.''. SEC. 4. ISSUANCE OF VISAS TO CONDUCT ACTIVITIES IN ACCORDANCE WITH THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. (a) Issuance of Visas.--Notwithstanding any other provision of law, in the case of a Cuban national whose itinerary documents an intent to conduct activities, including phytosanitary inspections, related to purchasing United States agricultural goods under the provisions of the Trade Sanctions Reform and Export Enhancement Act of 2000, a consular officer (as defined in section 101(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(9))) may issue a nonimmigrant visa under section 101(a)(15)(B) of such Act (8 U.S.C. 1101(a)(15)(B)) to the national, if the national is not inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182). (b) Periodic Reports.-- (1) In general.--Not later than 45 days after the date of enactment of this Act and every 3 months thereafter the Secretary of State shall submit to the Committees on Finance, Agriculture, Nutrition, and Forestry, and Foreign Relations of the Senate and the Committees on Agriculture, Ways and Means, and Foreign Affairs of the House of Representatives a report on the issuance of visas described in subsection (a). (2) Content of reports.--Each report shall contain a full description of each application received from a Cuban national to travel to the United States to engage in purchasing activities pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000 and shall describe the disposition of each such application. SEC. 5. CLARIFICATION OF PAYMENT TERMS UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. Section 908(b)(4) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(4)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) the term `payment of cash in advance' means, notwithstanding any other provision of law, the payment by the purchaser of an agricultural commodity or product and the receipt of such payment by the seller prior to-- ``(i) the transfer of title of such commodity or product to the purchaser; and ``(ii) the release of control of such commodity or product to the purchaser.''. SEC. 6. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED STATES FINANCIAL INSTITUTIONS UNDER THE TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. Notwithstanding any other provision of law, the President may not restrict direct transfers from a Cuban financial institution to a United States financial institution executed in payment for a product authorized for sale under the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.).

Agricultural Export Facilitation Act of 2007 - Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSREEA of 2000) to require the Secretary of the Treasury to authorize, under a general license, certain travel-related transactions for travel to, from, or within Cuba in connection with: (1) sales and marketing activities, including organization and participation in product exhibitions; and (2) sea or air transportation of products. Authorizes a consular official to issue a temporary tourist/business visa for a Cuban national (who is not otherwise inadmissible) whose itinerary documents an intent to conduct activities, including phytosanitary inspections, related to purchasing U.S. agricultural goods under the provisions of TSREEA of 2000. Defines "payment in cash" with respect to certain prohibitions on financing of U.S. agricultural sales to Cuba. Prohibits the President from restricting direct transfers from a Cuban financial institution to a U.S. financial institution executed in payment for a product authorized for sale under TSREEA of 2000.

To facilitate the sale of United States agricultural products to Cuba, as authorized by the Trade Sanctions Reform and Export Enhancement Act of 2000.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dietary Supplement Access and Awareness Act''. SEC. 2. DIETARY SUPPLEMENTS; PRODUCT LISTING; REPORTING, POSTMARKET SURVEILLANCE, AND OTHER PROVISIONS REGARDING SAFETY. (a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following section: ``SEC. 416. DIETARY SUPPLEMENTS; PRODUCT LISTING; REPORTING, POSTMARKET SURVEILLANCE, AND OTHER PROVISIONS REGARDING SAFETY. ``(a) Limitation on Applicability.--Notwithstanding the other subsections of this section, this section does not apply to any dietary supplement that meets the conditions described in paragraphs (1) and (2), as follows: ``(1) The supplement bears or contains one or more of the following dietary ingredients: ``(A) A vitamin. ``(B) A mineral. ``(C) A concentrate, metabolite, constituent, extract, or combination of any vitamin or mineral. ``(2) The supplement does not bear or contain-- ``(A) an herb or other botanical, an amino acid, or a dietary substance for use by man to supplement the diet by increasing the total dietary intake; or ``(B) a concentrate, metabolite, constituent, extract, or combination of any ingredient specified in subparagraph (A). ``(b) Product Listing.--Every person who is required under section 415 to register with the Secretary with respect to manufacturing or processing a dietary supplement shall, in the form and manner prescribed by the Secretary, report to the Secretary twice each year, once during the month of June and once during the month of December, the following information: ``(1) A list of each dietary supplement manufactured or processed by the person for commercial distribution in the United States, other than dietary supplements previously included on a list reported under this subsection by the person. ``(2) The labeling for each of the dietary supplements on the list. ``(3) A listing of the major ingredients of each dietary supplement on the list (including active ingredients, as applicable), except that the Secretary may require the submission of a quantitative listing of all ingredients in such a supplement if the Secretary finds that such submission is necessary to carry out the purposes of this Act. ``(4) If, since the date the person last made a report under this subsection (or if the person has not previously made such a report, since the effective date of this section), the person has discontinued the manufacture or processing of a dietary supplement included on a list reported under this subsection by the person-- ``(A) notice of such discontinuance; ``(B) the date of such discontinuance; and ``(C) the identity of such supplement. ``(5) Such other information describing the dietary supplements as the Secretary may by regulation require. ``(c) Reporting of Information on Adverse Experiences.-- ``(1) Serious experiences.--Each person who is a manufacturer or distributor of a dietary supplement shall report to the Secretary any information received by such person on serious adverse experiences regarding the supplement. Such a report shall be submitted to the Secretary not later than 15 days after the date on which the person receives such information. ``(2) Investigation and follow-up.--A person submitting a report under paragraph (1) on a serious adverse experience shall promptly investigate the experience, and if additional information is obtained, shall report the information to the Secretary not later than 15 days after obtaining the information. If no additional information is obtained, records of the steps taken to seek additional information shall be maintained by the person. ``(3) Authority of secretary.--In addition to requirements established in this subsection, the Secretary may establish such requirements regarding the reporting of information on adverse experiences as the Secretary determines to be appropriate to protect the public health. The Secretary may establish waivers from requirements under this subsection regarding such information if the Secretary determines that compliance with the requirement involved is not necessary to protect the public health regarding such supplements. ``(4) Definitions.--For purposes of this subsection: ``(A) The term `adverse experience regarding a dietary supplement' means any adverse event associated with the use of such supplement in humans, whether or not such event is considered to be related to the supplement by a person referred to in paragraph (1) who obtains the information. ``(B) The term `serious', with respect to an adverse experience regarding a dietary supplement, means an adverse experience that-- ``(i) results in death; a life-threatening condition; inpatient hospitalization or prolongation of hospitalization; a persistent or significant disability or incapacity; or a congenital anomaly, birth defect, or other effect regarding pregnancy, including premature labor or low birth weight; or ``(ii) requires medical or surgical intervention to prevent one of the outcomes described in clause (i). ``(d) Postmarket Surveillance.--The Secretary may by order require a manufacturer of a dietary supplement to conduct postmarket surveillance for the supplement if the Secretary determines that there is a reasonable possibility that a use or expected use of the supplement may have serious adverse health consequences. ``(e) Authority to Order Demonstration of Safety.-- ``(1) In general.--If the Secretary has reasonable grounds for believing that a dietary supplement may be adulterated under section 402(f)(1), the Secretary may by order require the manufacturer to demonstrate to the Secretary that the supplement is not so adulterated. ``(2) Distribution of product pending completion of process.-- ``(A) In general.--Subject to subparagraph (B), a dietary supplement may not be considered adulterated under section 402(f)(1) during the pendency of a demonstration under paragraph (1) by the manufacturer of the supplement and during the pendency of the review under paragraph (4) by the Secretary with respect to the demonstration. ``(B) Imminent hazard to public health or safety.-- This subsection does not affect the authority of the Secretary under section 402(f)(1)(C). ``(3) Timeframe for demonstration.-- ``(A) In general.--An order under paragraph (1) shall provide that the demonstration under such paragraph by a manufacturer is required to be completed not later than the expiration of 180 days after the date on which the order is issued, except that the Secretary may extend such period if the Secretary determines that an extension is appropriate. Any information submitted for such purpose by the manufacturer after the expiration of the applicable period under the preceding sentence may not be considered by the Secretary, except to the extent that the Secretary requests the manufacturer to provide additional information after such period. ``(B) Completion date of demonstration.--A demonstration under paragraph (1) shall be considered complete on the expiration of the applicable period under subparagraph (A), or on such earlier date as the manufacturer informs the Secretary that the manufacturer has completed the demonstration, or on such earlier date as the Secretary reasonably concludes that the manufacturer has no further information to provide to the Secretary as part of the demonstration or that the manufacturer is not in substantial compliance with the order under paragraph (1). ``(4) Review by secretary.--Once a demonstration under paragraph (1) by a manufacturer is completed, the Secretary shall review all relevant information received by the Secretary pursuant to the demonstration or otherwise available to the Secretary and make a determination of whether the Secretary considers the dietary supplement involved to be adulterated under section 402(f)(1). Such determination shall be made not later than 180 days after the completion of the demonstration. ``(5) Requirements regarding demonstrations.--The Secretary may, by order or by regulation, establish requirements for demonstrations under paragraph (1). ``(6) Relation to other procedures.--In the case of a dietary supplement with respect to which the Secretary has not issued an order under paragraph (1), this subsection may not be construed as preventing the Secretary from acting pursuant to section 402(f)(1) to the same extent and in the same manner as would apply in the absence of this subsection. In the case of a dietary supplement with respect to which the Secretary has issued an order under paragraph (1), a determination under paragraph (4) that the supplement is not adulterated under section 402(f)(1) does not prevent the Secretary from making a determination, on the basis of additional information obtained by the Secretary, that the supplement is so adulterated. ``(f) Sales to Minors; Significant Risk.-- ``(1) Criteria.--Not later than the expiration of the two- year period beginning on the date of the enactment of the Dietary Supplement Access and Awareness Act, the Secretary shall by regulation establish criteria for making a determination that a dietary supplement may pose a significant risk to individuals who are under the age of 18 (referred to in this section individually as a `minor'). ``(2) Product determination; prohibited act.--The Secretary may, by order or by regulation, make a determination described in paragraph (1) with respect to a dietary supplement. Effective upon the expiration of a period designated by the Secretary in publishing such determination in the Federal Register, the act of selling the dietary supplement to a minor shall be deemed to be an act which results in such supplement being misbranded while held for sale. During the two-year period referred to in paragraph (1), an order making such a determination may be issued notwithstanding that criteria have not yet been established in accordance with such paragraph. ``(g) Recordkeeping on Safety Issues.-- ``(1) In general.--The Secretary shall by regulation require manufacturers of dietary supplements to maintain records regarding reports of serious adverse experiences under subsection (c) and records regarding compliance with section 402. ``(2) Retention period.--Regulations under paragraph (1) shall specify the number of years for which records required in such paragraph are required to be retained, except that, if under section 402(g)(1) the Secretary makes a determination that expiration date labeling is necessary for dietary supplements, records regarding dietary supplements in a lot shall be retained for not less than one year after the expiration date of supplements in the lot.''. (b) Prohibited Acts.-- (1) In general.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(hh) The failure of a person to comply with any requirement under section 416, other than an order under subsection (e)(1) of such section.''. (2) Adulterated dietary supplements.-- (A) Order regarding demonstration of safety.-- Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following: ``(i) If it is a dietary supplement and the manufacturer of the supplement fails to comply with an order of the Secretary under section 416(e)(1) that is issued with respect to the supplement.''. (B) Certain court procedures; determination of unreasonable risk.--Section 402(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(f)) is amended-- (i) in subparagraph (1), by striking the matter after and below clause (D) of such subparagraph; and (ii) by adding at the end the following subparagraph: ``(3)(A) For purposes of clause (A) or (B) of subparagraph (1), the Secretary shall consider a dietary supplement or dietary ingredient as presenting an unreasonable risk of illness or injury if the Secretary determines that the risks of such product outweighs its benefits, as indicated by a relative weighing of the known and reasonably likely risks of the product against its known and reasonably likely benefits. In the absence of a sufficient benefit, the presence of even a relatively small risk of a serious adverse health effect to a user may be considered by the Secretary as unreasonable. ``(B) A determination by the Secretary under clause (A) with respect to the risk of a product may be made on the basis of any science-based evidence of risk, without the need to prove that the substance has actually caused harm in particular cases. The Secretary shall consider any relevant evidence including but not limited to scientific data about the toxicological properties of a dietary ingredient or its mechanism of action; known effects of pharmacologically related compounds, including those regulated as drugs; the results of clinical studies, including observational studies; and adverse event reports. ``(C) A determination that a product presents an unreasonable risk may be made under clause (A) by the Secretary even though there are uncertainties as to the levels of a dietary ingredient that may present a risk.''. (3) Trade secrets.--Section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)) is amended by inserting ``416,'' after ``414,''. (c) Inspection Authority.--Section 704(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(a)) is amended-- (1) in paragraph (1), by inserting after the second sentence the following: ``In the case of any person who manufactures, processes, packs, transports, distributes, holds, or imports a dietary supplement with respect to which an order under section 416(e)(1) has been issued, the inspection shall extend to all records, files, papers, processes, controls, and facilities bearing on whether the dietary supplement is adulterated under section 402(f)(1).''; and (2) in paragraph (2), in the matter preceding subparagraph (A), by striking ``third sentence'' and inserting ``fourth sentence''. SEC. 3. EDUCATION PROGRAMS REGARDING DIETARY SUPPLEMENTS. (a) Health Care Professionals.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Commissioner of Food and Drugs, shall carry out a program to educate health professionals on the importance of reporting to the Food and Drug Administration adverse health experiences that are associated with dietary supplements. (2) Authorization of appropriations.--For the purpose of carrying out paragraph (1), there is authorized to be appropriated $5,000,000 for fiscal year 2006, in addition to any other authorization of appropriations that is available with respect to such purpose. (b) Consumers.-- (1) In general.--The Secretary, acting through the Commissioner of Food and Drugs, shall carry out a program to educate consumers of dietary supplements on the importance of informing their health professionals of the dietary supplements and drugs the consumers are taking. (2) Authorization of appropriations.--For the purpose of carrying out paragraph (1), there is authorized to be appropriated $5,000,000 for fiscal year 2006, in addition to any other authorization of appropriations that is available with respect to such purpose.

Dietary Supplement Access and Awareness Act - Amends the Federal Food, Drug, and Cosmetic Act to require manufacturers and processors of dietary supplements to report certain information to the Secretary of Health and Human Services annually, including a list of supplements manufactured and the labeling and major ingredients for such supplements. Requires manufacturers and distributors to report to the Secretary any serious adverse experiences regarding a supplement. Authorizes the Secretary to require a manufacturer to: (1) conduct postmarket surveillance if there is a reasonable possibility of a supplement causing adverse health consequences; and (2) demonstrate that a supplement is not adulterated. Requires the Secretary to establish criteria for making a determination that a dietary supplement may pose a significant risk to minors. Deems the act of selling a dietary supplement to a minor after the Secretary has made such a determination to be an act which results in a supplement being misbranded while held for sale. Deems a dietary supplement to be adulterated if the manufacturer fails to comply with the Secretary's order to demonstrate the drug's safety. Requires the Secretary to consider a dietary supplement or ingredient as presenting an unreasonable risk of injury or illness if the Secretary determines that the risks of such product outweighs its benefits. Allows the Secretary to consider even a relatively small risk of a serious adverse health effect to be unreasonable. Directs the Secretary, acting through the Commissioner of Food and Drugs, to carry out dietary supplement education programs for health care professionals and consumers.

To amend the Federal Food, Drug, and Cosmetic Act with respect to dietary supplements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Summer and Year-Round Jobs for Youth Stimulus Act of 2009''. SEC. 2. SUMMER AND YEAR-ROUND YOUTH JOBS. (a) Findings.--Congress finds that-- (1) a $1,000,000,000 investment in summer and year-round employment for youth, through the program supported under this section, can create up to 1,000,000 jobs for economically disadvantaged youth and stimulate local economies; (2) there is a serious and growing need for employment opportunities for economically disadvantaged youth (including young adults), as demonstrated by statistics from the Bureau of Labor Statistics stating that, in December 2008-- (A) the unemployment rate increased to 7.2 percent, as compared to 4.9 percent in December 2007; (B) the unemployment rate for 16- to 19-year-olds rose to 20.8 percent, as compared to 16.9 percent in December 2007; and (C) the unemployment rate for African-American 16- to 19-year-olds increased to 33.7 percent, as compared to 28 percent in December 2007; (3) research from Northwestern University has shown that every $1 a youth earns has an accelerator effect of $3 on the local economy; (4) summer and year-round jobs for youth help supplement the income of families living in poverty; (5) summer and year-round jobs for youth provide valuable work experience for economically disadvantaged youth; (6) often, a summer job provided under the Workforce Investment Act of 1998 is an economically disadvantaged youth's introduction to the world of work; (7) according to the Center for Labor Market Studies at Northeastern University, early work experience is a very powerful predictor of success and earnings in the labor market, and early work experience raises earnings over a lifetime by 10 to 20 percent; (8) participation in a youth jobs program can contribute to a reduction in criminal and high-risk behavior for youth; and (9)(A) youth jobs programs benefit both youth and communities when designed around principles that promote mutually beneficial programs; (B) youth benefit from jobs that provide them with work readiness skills and that help them make the connection between responsibility on the job and success in adulthood; and (C) communities benefit when youth are engaged productively, providing much-needed services that meet real community needs. (b) Definition.--In this section, the term ``green-collar industries'' means industries throughout the economy of the United States-- (1) that promote energy efficiency, energy conservation, and environmental protection, including promoting renewable energy and clean technology; (2) that offer jobs with substantial pay and benefits; and (3) that are industries in which there is likely to be continued demand for workers. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Labor for youth activities under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), $1,000,000,000, which shall be available for the period of January 1, 2009 through December 31, 2010, under the conditions described in subsection (d). (d) Conditions.-- (1) Use of funds.--The funds appropriated under subsection (c) shall be used for youth jobs and training programs, to provide opportunities referred to in subparagraphs (C), (D), (E), and (F) of section 129(c)(2) of such Act (29 U.S.C. 2854(c)(2)) and, as appropriate, opportunities referred to in subparagraphs (A) and (G) of such section, except that no such funds shall be spent on unpaid work experiences. (2) Limitation.--Such funds shall be distributed in accordance with sections 127 and 128 of such Act (29 U.S.C. 2852, 2853), except that no portion of such funds shall be reserved to carry out 128(a) or 169 of such Act (29 U.S.C. 2853(a), 2914). (3) Priority.--In using funds made available under this section, a local area (as defined in section 101 of such Act (29 U.S.C. 2801)) shall give priority to providing-- (A) work experiences in public and nonprofit sector green-collar industries; (B) work experiences in other viable industries, including health care; and (C) job referral services for youth to work experiences in green-collar industries in the private sector or work experiences in other viable industries in the private sector, for which the employer involved agrees to pay the wages and benefits, consistent with Federal and State child labor laws. (4) Measure of effectiveness.--The effectiveness of the activities carried out with such funds shall be measured, under section 136 of such Act (29 U.S.C. 2871), only with performance measures based on the core indicators of performance described in section 136(b)(2)(A)(ii)(I) of such Act (29 U.S.C. 2871(b)(2)(A)(ii)(I)), applied to all youth served through the activities. (e) Age-Related.--As used in this Act, and in the provisions referred to in subsections (c) and (d) for purposes of this Act-- (1) a reference to a youth refers to an individual who is not younger than age 14 and not older than age 24, and meets any other requirements for that type of youth; and (2) a reference to a youth activity refers to an activity covered in subsection (d)(1) that is carried out for a youth described in paragraph (1).

Summer and Year-Round Jobs for Youth Stimulus Act of 2009 - Authorizes appropriations to the Secretary of Labor for summer and year-round youth jobs and training programs for individuals aged 14 to 24 under the Workforce Investment Act of 1998 which are directly linked to academic and occupational learning for calendar 2009-2010. Prohibits the use of such funds for unpaid jobs, statewide workforce investment activities, or the award of certain youth opportunity grants. Requires local areas receiving such funds to give priority to providing: (1) work experiences in public and nonprofit sector green-collar jobs and in other viable industries such as health care; and (2) job referral services for youth to work jobs in green-collar industries. Defines "green-collar industries" as those industries that offer jobs for compensation that promote energy efficiency, energy conservation (including renewable energy and clean technology), and environmental protection.

A bill to provide funding for summer and year-round youth jobs and training programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Act for Responsible Employment of 2011'' or the ``CARE Act of 2011''. SEC. 2. AMENDED DEFINITIONS. Section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(l)) is amended to read as follows: ``(l) `Oppressive child labor' means a condition of employment under which-- ``(1) any employee who is 16 or 17 years of age is employed by an employer in any occupation found by the Secretary and by order declared to be particularly hazardous for the employment of children between such ages or detrimental to their health or well-being; ``(2) any employee who is 14 or 15 years of age is employed by an employer, unless the Secretary has determined that the employment is confined to periods which will not interfere with the schooling of the employee, and that the conditions of employment will not interfere with the health and well-being of the employee; or ``(3) any employee who is under 14 years of age is employed by an employer.''. SEC. 3. REVISED AGE REQUIREMENT FOR CHILD AGRICULTURAL EMPLOYMENT; REPEAL OF WAIVER PROVISION FOR HAND HARVEST LABORERS. (a) Revised Age Requirement.--Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) The provisions of section 12 relating to child labor shall not apply to any employee under 18 years of age who is employed in agriculture by his or her parent, or by a person standing in the place of the parent, on a farm owned by the parent or person. ``(2) The provisions of section 12 relating to child labor shall not apply to any employee under 16 years of age who is employed by his or her parent, or by a person standing in the place of the parent, in employment other than agricultural employment, manufacturing, mining, or any other employment the Secretary finds to be particularly hazardous for the employment of a child 16 or 17 years of age or detrimental to their health or well being.''. (b) Repeal of Waiver Provision.--Section 13(c) of such Act (29 U.S.C. 213(c)) is further amended by striking paragraph (4) and redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively. SEC. 4. INCREASED CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS. Paragraph (1) of section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(1)) is amended-- (1) by striking ``person'' each place it appears and inserting ``employer''; (2) in subparagraph (A)-- (A) by striking ``not to exceed'' and inserting ``of''; and (B) by amending clauses (i) and (ii) to read as follows: ``(i) not less than $500 and not more than $15,000 for each employee who was the subject of such a violation; or ``(ii) not less than $15,000 and not more than $50,000 with regard to each such violation that causes the serious injury, serious illness, or death of any employee under the age of 18 years, which penalty may be doubled where the violation is a repeated or willful violation.''; and (3) in subparagraph (B) by striking ``the term `serious injury' means'' and inserting ``the terms `serious injury' and `serious illness' mean''. SEC. 5. SPECIAL CRIMINAL PENALTIES FOR CERTAIN AGGRAVATED CHILD LABOR VIOLATIONS. Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (a), by striking ``Any person'' and inserting ``Except as provided in subsection (f), any person''; and (2) by adding at the end the following: ``(f) Any person who repeatedly or willfully violates any of the provisions of section 12, and such violations result in or cause the death or serious injury or serious illness of an employee under 18 years of age at the time of such violation, shall be subject to imprisonment for not more than 5 years or a fine under title 18, United States Code, or both.''. SEC. 6. PESTICIDE-RELATED WORKER PROTECTION STANDARD. Congress finds and declares that the employment of children under the age of 18 in the occupation of a pesticide handler as defined in the worker protection standard for workers exposed to pesticides in part 170 of title 40, Code of Federal Regulations, is particularly hazardous to such children and detrimental to their health and well- being. The Secretary of Labor shall revise part 570 of title 29, Code of Federal Regulations, to prohibit the employment of a child under the age of 18 to perform any of the tasks or duties described in the definition of the term ``handler'' in section 170.3 of title 40, Code of Federal Regulations. SEC. 7. APPLICATION OF FAIR LABOR STANDARDS AMENDMENTS. (a) Rulemaking.--The Secretary of Labor may prescribe rules as necessary to implement the amendments made by sections 2 through 5 and the revision required by section 6. Any such rules issued shall take effect not later than 30 days after the date on which such rules are published in the Federal Register. (b) Violations.--The amendments made by sections 2, 3, 4, and 5 and the revision required by section 7 shall apply to violations of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that occur after the date on which the rules issued under subsection (a) take effect. (c) Rule of Construction.--Nothing in the amendments made by section 3, 4, or 5 or in the revision required by section 7 shall be construed to preempt any State law that provides protections or remedies for employees that are greater than the protections or remedies provided under such amendments or such revision.

Children's Act for Responsible Employment of 2011 or the CARE Act of 2011 - Amends the Fair Labor Standards Act of 1938 to define "oppressive child labor," for purposes of the Act's child labor prohibitions, as the employment of any employee who is: (1) 16 or 17 in any occupation found by the Secretary of Labor to be particularly hazardous for their employment or detrimental to their health or well-being; (2) 14 or 15, unless the employment is confined to periods which do not interfere with the employee's schooling, health, or well-being; or (3) under 14. Revises the Act's exemptions to make the restrictions on oppressive child labor inapplicable to the following: (1) employment in agriculture of an employee under 18 years of age by his or her parent, or by a person standing in the place of the parent, on a farm owned by the parent or person (current law uses an age- and consent-based scheme); and (2) employment of an employee under age 16 by a parent, or a person standing in place of a parent, other than in agriculture, manufacturing, mining, or any other employment the Secretary finds to be particularly hazardous for the employment of children age 16 or 17 or detrimental to their health or well-being (current law applies the child labor restrictions to particularly hazardous agricultural employment, except where the child is employed by a parent or a person standing in place of the parent on a farm owned or operated by such person). Eliminates any waiver of such prohibitions for hand-harvesting of certain crops. Increases civil and establishes criminal penalties for child labor violations. Directs the Secretary to revise federal child labor regulations to prohibit the employment of children under 18 in duties involving the handling of pesticides.

To amend the Fair Labor Standards Act of 1938 to strengthen the provisions relating to child labor.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Developing Innovation and Growing the Internet of Things Act'' or ``DIGIT Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds that-- (1) the Internet of Things refers to the growing number of connected and interconnected devices; (2) estimates indicate that more than 50,000,000,000 devices will be connected to the Internet by the year 2020; (3) the Internet of Things has the potential to generate trillions of dollars in new economic activity around the world; (4) businesses across the United States can develop new services and products, improve operations, simplify logistics, cut costs, and pass savings on to consumers by utilizing the Internet of Things and related innovations; (5) the United States leads the world in the development of technologies that support the Internet and the United States technology sector is well-positioned to lead in the development of technologies for the Internet of Things; (6) the United States Government can implement this technology to better deliver services to the public; and (7) the United States Senate unanimously passed Senate Resolution 110, 114th Congress, agreed to March 24, 2015, calling for a national strategy for the development of the Internet of Things. (b) Sense of Congress.--It is the sense of Congress that policies governing the Internet of Things should maximize the potential and development of the Internet of Things to benefit all stakeholders, including businesses, governments, and consumers. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (4) Steering committee.--The term ``steering committee'' means the steering committee established under section 4(e)(1). (5) Working group.--The term ``working group'' means the working group convened under section 4(a). SEC. 4. FEDERAL WORKING GROUP. (a) In General.--The Secretary shall convene a working group of Federal stakeholders for the purpose of providing recommendations and a report to Congress related to the aspects of the Internet of Things described in subsection (b). (b) Duties.--The working group shall-- (1) identify any Federal regulations, statutes, grant practices, budgetary or jurisdictional challenges, and other sector-specific policies that are inhibiting or could inhibit the development of the Internet of Things; (2) consider policies or programs that encourage and improve coordination among Federal agencies with jurisdiction over the Internet of Things; (3) consider any findings or recommendations made by the steering committee and, where appropriate, act to implement those recommendations; and (4) examine-- (A) how Federal agencies can benefit from utilizing the Internet of Things; (B) the use of Internet of Things technology by Federal agencies as of the date the working group performs the examination; (C) the preparedness and ability of Federal agencies to adopt Internet of Things technology in the future; and (D) any additional security measures that Federal agencies may need to take to-- (i) safely and securely use the Internet of Things; and (ii) enhance the resiliency of Federal systems against cyber threats to the Internet of Things. (c) Agency Representatives.--In convening the working group under subsection (a), the Secretary shall have discretion to appoint representatives and shall specifically consider seeking representation from-- (1) the Department of Commerce, including-- (A) the National Telecommunications and Information Administration; (B) the National Institute of Standards and Technology; and (C) the National Oceanic and Atmospheric Administration; (2) the Department of Transportation; (3) the Department of Homeland Security; (4) the Office of Management and Budget; (5) the National Science Foundation; (6) the Commission; (7) the Federal Trade Commission; (8) the Office of Science and Technology Policy; and (9) the Department of Energy. (d) Nongovernmental Stakeholders.--The working group shall consult with nongovernmental stakeholders, including-- (1) the steering committee; (2) information and communications technology manufacturers, suppliers, service providers, and vendors; (3) subject matter experts representing industrial sectors other than the technology sector that can benefit from the Internet of Things, including the agriculture and health care sectors; (4) small, medium, and large businesses; (5) think tanks and academia; (6) nonprofits and consumer groups; (7) rural stakeholders; and (8) other stakeholders with relevant expertise, as determined by the Secretary. (e) Steering Committee.-- (1) Establishment.--There is established within the Department of Commerce a steering committee to advise the working group. (2) Duties.--The steering committee shall advise the working group with regard to-- (A) the identification of any Federal regulations, statutes, grant practices, programs, budgetary or jurisdictional challenges, and other sector-specific policies that are inhibiting or could inhibit the development of the Internet of Things; (B) whether adequate spectrum is available to support the growing Internet of Things and what legal or regulatory barriers may exist to providing any spectrum needed in the future; (C) policies or programs that-- (i) promote or are related to the privacy of individuals who use or are affected by the Internet of Things; (ii) may enhance the security of the Internet of Things; (iii) may protect users of the Internet of Things; and (iv) may encourage coordination among Federal agencies with jurisdiction over the Internet of Things; (D) the opportunities and challenges associated with the use of Internet of Things technology by small businesses; and (E) any international proceeding, international negotiation, or other international matter affecting the Internet of Things to which the United States is or should be a party. (3) Membership.--The Secretary shall appoint to the steering committee members representing a wide range of stakeholders outside of the Federal Government with expertise relating to the Internet of Things, including-- (A) information and communications technology manufacturers, suppliers, service providers, and vendors; (B) subject matter experts representing industrial sectors other than the technology sector that can benefit from the Internet of Things, including the agriculture and health care sectors; (C) small, medium, and large businesses; (D) think tanks and academia; (E) nonprofit organizations and consumer groups; (F) rural stakeholders; and (G) other stakeholders with relevant expertise, as determined by the Secretary. (4) Report.--Not later than 1 year after the date of enactment of this Act, the steering committee shall submit to the working group a report that includes any findings or recommendations of the steering committee. (5) Independent advice.-- (A) In general.--The steering committee shall set the agenda of the steering committee in carrying out the duties of the steering committee under paragraph (2). (B) Suggestions.--The working group may suggest topics or items for the steering committee to study, and the steering committee shall take such suggestions into consideration in carrying out the duties of the steering committee. (C) Report.--The steering committee shall ensure that the report submitted under paragraph (4) is the result of the independent judgment of the steering committee. (6) Termination.--The steering committee shall terminate on the date on which the working group submits the report under subsection (f) unless, on or before that date, the Secretary files a new charter for the steering committee under section 9(c) of the Federal Advisory Committee Act (5 U.S.C. App.). (f) Report to Congress.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the working group shall submit to the appropriate committees of Congress a report that includes-- (A) the findings and recommendations of the working group with respect to the duties of the working group under subsection (b); (B) the report submitted by the steering committee under subsection (e)(4), as the report was received by the working group; (C) recommendations for action or reasons for inaction, as applicable, on each recommendation made by the steering committee in the report submitted under subsection (e)(4); and (D) an accounting of any progress made by Federal agencies to implement recommendations made by the working group or the steering committee. (2) Copy of report.--Any committee of Congress, upon request, may obtain a copy of the report submitted under paragraph (1). SEC. 5. ASSESSING SPECTRUM NEEDS. (a) In General.--The Commission, in consultation with the National Telecommunications and Information Administration, shall issue a notice of inquiry seeking public comment on the current, as of the date of enactment of this Act, and future spectrum needs of the Internet of Things. (b) Requirements.--In issuing the notice of inquiry under subsection (a), the Commission shall seek comments that consider and evaluate-- (1) whether adequate spectrum is available to support the growing Internet of Things; (2) what regulatory barriers may exist to providing any needed spectrum for the Internet of Things; and (3) what the role of licensed and unlicensed spectrum is and will be in the growth of the Internet of Things. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report summarizing the comments submitted in response to the notice of inquiry issued under subsection (a).

Developing Innovation and Growing the Internet of Things Act or the DIGIT Act This bill requires the Department of Commerce to convene a working group of federal stakeholders to provide recommendations and a report to Congress regarding the growing number of connected and interconnected devices known as the Internet of Things (IoT). The bill establishes a steering committee to be composed of stakeholders outside the federal government to advise the working group. The Federal Communications Commission must: (1) seek public comment on the IoT's spectrum needs, regulatory barriers, and growth with licensed and unlicensed spectrum; and (2) submit a summary of those comments to Congress.

Developing Innovation and Growing the Internet of Things Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Militarizing Law Enforcement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Under section 2576a of title 10, United States Code, the Department of Defense is authorized to provide excess property to local law enforcement agencies. The Defense Logistics Agency, administers such section by operating the Law Enforcement Support Office program. (2) New and used material, including mine-resistant ambush- protected vehicles and weapons determined by the Department of Defense to be ``military grade'' are transferred to local law enforcement agencies through the program. (3) As a result local law enforcement agencies, including police and sheriff's departments, are acquiring this material for use in their normal operations. (4) The wars in Iraq and Afghanistan have led to an increase in the transfer of military equipment to local law enforcement agencies. (5) According to public reports, approximately 12,000 police organizations across the country were able to procure nearly $500,000,000 worth of excess military merchandise including firearms, computers, helicopters, clothing, and other products, at no charge during fiscal year 2011 alone. (6) More than $4,000,000,000 worth of weapons and equipment have been transferred to police organizations in all 50 states and four territories through the program. (7) In May 2012, the Defense Logistics Agency instituted a moratorium on weapons transfers through the program after reports of missing equipment and inappropriate weapons transfers. (8) Though the moratorium was widely publicized, it was lifted in October 2013 without adequate safeguards. (9) As a result, Federal, State, and local law enforcement departments across the country are eligible again to acquire free ``military-grade'' weapons and equipment that could be used inappropriately during policing efforts in which citizens and taxpayers could be harmed. (10) Pursuant to section III(J) of a Defense Logistics Agency memorandum of understanding, property obtained through the program must be placed into use within one year of receipt, possibly providing an incentive for the unnecessary and potentially dangerous use of ``military grade'' equipment by local law enforcement. SEC. 3. LIMITATION ON DEPARTMENT OF DEFENSE TRANSFER OF PERSONAL PROPERTY TO LOCAL LAW ENFORCEMENT AGENCIES. (a) In General.--Section 2576a of title 10, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by striking ``counter-drug and''; and (B) in paragraph (2), by striking ``and the Director of National Drug Control Policy''; (2) in subsection (b)-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(5) the recipient certifies to the Department of Defense that it has the personnel and technical capacity, including training, to operate the property; ``(6) the recipient submits to the Department of Defense a description of how the recipient expects to use the property; ``(7) the recipient certifies to the Department of Defense that if the recipient determines that the property is surplus to the needs of the recipient, the recipient will return the property to the Department of Defense; and ``(8) with respect to a recipient that is not a Federal agency, the recipient certifies to the Department of Defense that the recipient notified the local community of the request for personal property under this section by-- ``(A) publishing a notice of such request on a publicly accessible Internet website; ``(B) posting such notice at several prominent locations in the jurisdiction of the recipient; and ``(C) ensuring that such notices were available to the local community for a period of not less than 30 days.''; (3) by striking subsection (d); and (4) by adding at the end the following new subsections: ``(d) Annual Certification Accounting for Transferred Property.-- (1) For each fiscal year, the Secretary shall submit to Congress certification in writing that each Federal or State agency to which the Secretary has transferred property under this section-- ``(A) has provided to the Secretary documentation accounting for all personal property, including arms and ammunition, that the Secretary has transferred to the agency, including any item described in subsection (f) so transferred before the date of the enactment of the Stop Militarizing Law Enforcement Act; and ``(B) with respect to a non-Federal agency, carried out each of paragraphs (5) through (8) of subsection (b). ``(2) If the Secretary cannot provide a certification under paragraph (1) for a Federal or State agency, the Secretary may not transfer additional property to that agency under this section. ``(e) Annual Report on Excess Property.--Before making any property available for transfer under this section, the Secretary shall annually submit to Congress a description of the property to be transferred together with a certification that the transfer of the property would not violate this section or any other provision of law. ``(f) Limitations on Transfers.--(1) The Secretary may not transfer the following personal property of the Department of Defense under this section: ``(A) Automatic weapons not generally recognized as particularly suitable for law enforcement purposes. ``(B) Any weapons that are .50 caliber or greater. ``(C) Tactical vehicles, including highly mobile multi- wheeled vehicles, armored vehicles, and mine-resistant ambush- protected vehicles. ``(D) Drones that are armored, weaponized, or both. ``(E) Aircraft that-- ``(i) are combat configured or combat coded; or ``(ii) have no established commercial flight application. ``(F) Grenades and similar explosives, including flash-bang grenades and stun grenades, and grenade launchers. ``(G) Silencers. ``(H) Long range acoustic devices. ``(2) The Secretary may not require, as a condition of a transfer under this section, that a Federal or State agency demonstrate the use of any small arms or ammunition. ``(3) The Secretary shall take such steps as may be necessary to ensure that no item referred to in paragraph (1) is transferred under this section from one Federal or State agency to another such agency. ``(g) Conditions for Extension of Program.--Notwithstanding any other provision of law, amounts authorized to be appropriated or otherwise made available for any fiscal year may not be obligated or expended to carry out this section unless the Secretary submits to Congress certification that for the preceding fiscal year that-- ``(1) each Federal or State agency that has received property under this section has-- ``(A) demonstrated 100 percent accountability for all such property, in accordance with paragraph (2) or (3), as applicable; or ``(B) been suspended from the program pursuant to paragraph (4); ``(2) with respect to each non-Federal agency that has received property under this section, the State coordinator responsible for each such agency has verified that the coordinator or an agent of the coordinator has conducted an in- person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph (4); ``(3) with respect to each Federal agency that has received property under this section, the Secretary of Defense or an agent of the Secretary has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph (4); ``(4) the eligibility of any agency that has received property under this section for which 100 percent of the equipment was not accounted for during an inventory described in paragraph (2) or (3), as applicable, to receive property transferred under this section has been suspended; ``(5) each State coordinator has certified, for each non- Federal agency located in the State for which the State coordinator is responsible that-- ``(A) the agency has complied with all requirements under this section; or ``(B) the eligibility of the agency to receive property transferred under this section has been suspended; and ``(6) the Secretary of Defense has certified, for each Federal agency that has received property under this section that-- ``(A) the agency has complied with all requirements under this section; or ``(B) the eligibility of the agency to receive property transferred under this section has been suspended. ``(h) Website.--The Defense Logistics Agency shall maintain an Internet website on which the following information shall be made publicly available: ``(1) A description of each transfer made under this section, including transfers made before and after the date of the enactment of the Stop Militarizing Law Enforcement Act, broken down by State, county, and recipient. ``(2) During the 30-day period preceding the date on which any property is transferred under this section, a description of the property to be transferred and the recipient of the transferred items.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to any transfer of property made after the date of the enactment of this Act.

Stop Militarizing Law Enforcement Act - Amends the program under which the Secretary of Defense is authorized to transfer excess personal property of the Department of Defense (DOD) to federal and state agencies for law enforcement activities. Excludes counter-drug activities from the categories of law enforcement activities for which DOD property may be transferred under such program. Requires recipients of DOD property to certify that they: (1) have personnel, technical capacity, and training to operate the property; and (2) will return to the DOD any property that is surplus to the recipient's needs. Requires recipients that are not federal agencies to certify that they have notified their local community of requests for DOD property with a notice on a publicly accessible Internet website and postings at prominent locations in the jurisdiction. Requires the Secretary to submit annually to Congress a description of property to be transferred along with a certification that the transfers are not prohibited by law. Prohibits transfers of: automatic weapons that are not suitable for law enforcement purposes; weapons of .50 caliber or greater; tactical vehicles, including highly mobile multi-wheeled vehicles, armored vehicles, and mine-resistant ambush-protected vehicles; armored or weaponized drones; aircraft that are combat configured or combat coded, or that have no established commercial flight application; grenades and similar explosives; silencers; and long range acoustic devices. Prohibits transfers conditioned upon the agency demonstrating the use of any small arms or ammunitions. Requires the Secretary to ensure that certain items are not transferred from one federal or state agency to another such agency. Prohibits obligations or expenditures of appropriations to carry out the DOD's property transfer program unless specified conditions have been met, including requirements to verify: (1) that in-person inventories of transferred property have been conducted at each agency, and (2) that 100% of such property was accounted for during the inventories or that agencies unable to account for such property have been suspended from the program. Requires the Defense Logistics Agency to maintain an Internet website that makes available publicly a description of: (1) each transfer broken down by state, county, and recipient; and (2) during the 30-day period preceding the date on which any property is transferred, the property to be transferred and the recipient.

Stop Militarizing Law Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Production Expansion Act of 2013''. SEC. 2. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF GEOTHERMAL RESOURCES. Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b)) is amended by adding at the end the following: ``(4) Adjoining land.-- ``(A) Definitions.--In this paragraph: ``(i) Fair market value per acre.--The term `fair market value per acre' means a dollar amount per acre that-- ``(I) except as provided in this clause, shall be equal to the market value per acre (taking into account the determination under subparagraph (B)(iii) regarding a valid discovery on the adjoining land) as determined by the Secretary under regulations issued under this paragraph; ``(II) shall be determined by the Secretary with respect to a lease under this paragraph, by not later than the end of the 180-day period beginning on the date the Secretary receives an application for the lease; and ``(III) shall be not less than the greater of-- ``(aa) 4 times the median amount paid per acre for all land leased under this Act during the preceding year; or ``(bb) $50. ``(ii) Industry standards.--The term `industry standards' means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce energy from geothermal resources, as determined through flow or injection testing or measurement of lost circulation while drilling. ``(iii) Qualified federal land.--The term `qualified Federal land' means land that is otherwise available for leasing under this Act. ``(iv) Qualified geothermal professional.-- The term `qualified geothermal professional' means an individual who is an engineer or geoscientist in good professional standing with at least 5 years of experience in geothermal exploration, development, or project assessment. ``(v) Qualified lessee.--The term `qualified lessee' means a person that may hold a geothermal lease under this Act (including applicable regulations). ``(vi) Valid discovery.--The term `valid discovery' means a discovery of a geothermal resource by a new or existing slim hole or production well, that exhibits downhole or flowing temperature measurements with indications of permeability that are sufficient to meet industry standards. ``(B) Authority.--An area of qualified Federal land that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources may be available for a noncompetitive lease under this section to the qualified lessee at the fair market value per acre, if-- ``(i) the area of qualified Federal land-- ``(I) consists of not less than 1 acre and not more than 640 acres; and ``(II) is not already leased under this Act or nominated to be leased under subsection (a); ``(ii) the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under clause (iii)(I); and ``(iii) sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable Federal land management agency that would lead individuals who are experienced in the subject matter to believe that-- ``(I) there is a valid discovery of geothermal resources on the land for which the qualified lessee holds the legal right to develop geothermal resources; and ``(II) that thermal feature extends into the adjoining areas. ``(C) Determination of fair market value.-- ``(i) In general.--The Secretary shall-- ``(I) publish a notice of any request to lease land under this paragraph; ``(II) determine fair market value for purposes of this paragraph in accordance with procedures for making those determinations that are established by regulations issued by the Secretary; ``(III) provide to a qualified lessee and publish, with an opportunity for public comment for a period of 30 days, any proposed determination under this subparagraph of the fair market value of an area that the qualified lessee seeks to lease under this paragraph; and ``(IV) provide to the qualified lessee and any adversely affected party the opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable Federal land management agency, in accordance with applicable law (including regulations). ``(ii) Limitation on nomination.--After publication of a notice of request to lease land under this paragraph, the Secretary may not accept under subsection (a) any nomination of the land for leasing unless the request has been denied or withdrawn. ``(iii) Annual rental.--For purposes of section 5(a)(3), a lease awarded under this paragraph shall be considered a lease awarded in a competitive lease sale. ``(D) Regulations.--Not later than 270 days after the date of enactment of the Geothermal Production Expansion Act of 2013, the Secretary shall issue regulations to carry out this paragraph.''.

Geothermal Production Expansion Act of 2013 - Amends competitive lease provisions of the Geothermal Steam Act of 1970 to allow an area of qualified federal land (land that is otherwise available for leasing under that Act) that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources to be available for a noncompetitive lease to such lessee at fair market value per acre if: (1) the area of qualified federal land consists of not less than one acre and not more than 640 acres and is not already leased or nominated to be leased, (2) the qualified lessee has not previously received a noncompetitive lease in connection with the valid discovery for which data has been submitted, and (3) sufficient technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable federal land management agency that would lead individuals who are experienced in the subject matter to believe that there is a valid discovery of geothermal resources on the land and that such thermal feature extends into the adjoining areas. Defines "fair market value per acre" as a dollar amount per acre that shall be: (1) equal to the market value per acre as determined by the Secretary of the Interior within 180 days after the Secretary receives an application for a lease, and (2) not less than the greater of 4 times the median amount paid per acre for all land leased under such Act during the preceding year or $50. Directs the Secretary to: (1) publish a notice of any request for such a lease; (2) determine fair market value in accordance with procedures established by the Secretary; (3) provide to a qualified lessee and publish, with an opportunity for public comment for a period of 30 days, any proposed determination of the fair market value of the area the qualified lessee seeks to lease; and (4) provide the lessee and any adversely affected party an opportunity to appeal the final determination of fair market value in an administrative proceeding before the applicable federal land management agency. Prohibits the Secretary from accepting any nomination of land for leasing after publication of a notice of request to lease such land unless the request has been denied or withdrawn.

Geothermal Production Expansion Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Utilizing DNA Technology to Solve Cold Cases Act of 2010''. SEC. 2. ENHANCED SEARCHES. (a) Familial Searches.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall adopt policies and procedures in accordance with this section to ensure that-- (A) the Federal Bureau of Investigation may conduct familial searches for DNA samples collected from crime scenes in Federal investigations; (B) a State law enforcement agency may request that the Federal Bureau of Investigation conduct familial searches for DNA samples collected from crime scenes in State investigations; and (C) the privacy interests of persons identified in familial searches are carefully protected. (2) Search requirements.--Familial searches conducted by the Federal Bureau of Investigation under this section shall be conducted only under the following circumstances: (A) No identical match for the DNA sample collected from a crime scene can be identified in the offender index. (B) The investigation for which DNA samples are collected at a crime scene involves one or more of the following offenses under Federal or State law: (i) An offense of murder, voluntary manslaughter, or any attempt to commit murder or voluntary manslaughter. (ii) A specified offense against a minor (as such term is defined in section 111(7) of the Sex Offender Registration and Notification Act (42 U.S.C. 16911(7))), or an attempt to commit such a specified offense. (iii) An offense or attempt to commit an offense that-- (I) involves a sexual act or sexual contact with another; and (II) is punishable by imprisonment for more than one year. (3) Requesting state law enforcement agency.--A State law enforcement agency making a request for a familial search under this section shall-- (A) before making such request, have in place a written policy that-- (i) establishes the criteria and procedures for requesting a familial search and for evaluating a familial match; and (ii) is consistent with any regulations issued by the Attorney General pursuant to this section; and (B) each time a familial search request is made, make such policy available to the Attorney General. (4) Reporting of matches.--Any familial match resulting from a request for a familial search that complies with the requirements of this section shall be reported to a laboratory authorized as a Combined DNA Index System laboratory in the jurisdiction of the State law enforcement agency requesting information related to such match. (b) Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Attorney General shall submit to the chair and ranking member of the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on compliance with this section. Each such report shall contain the following information: (1) The number of familial searches requested by State law enforcement agencies. (2) The number of familial searches conducted under this section. (3) The number of familial matches found as a result of such searches. (4) The status of any case in which such a familial match was found. (c) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall issue regulations to carry out this section. (d) Definitions.--In this section: (1) The term ``familial search'' means a search of the offender index in which a DNA sample from an unknown source collected from a crime scene is compared to such offender index to determine if a familial match exists between the DNA profile contained in such index and the DNA sample collected from the crime scene. (2) The term ``familial match'' means-- (A) a match of at least 1 shared allele at 15 loci between a DNA profile in the offender index and a DNA sample collected at a crime scene; or (B) any other genetic association the Attorney General determines is sufficient to constitute such a match. (3) The term ``offender index'' means the database containing information on individuals convicted of sex offenses and other violent crimes in the National DNA Index System established under section 210304 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322, 108 Stat. 1796). (4) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.

Utilizing DNA Technology to Solve Cold Cases Act of 2010 - Requires the Attorney General to adopt policies and procedures to ensure that: (1) the Federal Bureau of Investigation (FBI) may conduct familial searches for DNA samples collected from crime scenes; (2) state law enforcement agencies may request that the FBI conduct such searches in state investigations; and (3) the privacy interests of persons identified in familial searches are protected. Defines "familial search" as a search of the offender index in the National DNA Index System in which a DNA sample from an unknown source collected from a crime scene is compared to such index to determine if a familial match exists between the DNA profile contained in such index and the DNA sample collected from the crime scene. Allows FBI familial searches to be conducted only if: (1) no identical match for a DNA sample collected from a crime scene can be identified in the offender index; and (2) the investigation for which DNA samples are collected involves murder, manslaughter, a sex offense against a minor, sexual assault, or an offense that involves a sexual act or sexual contact with another and that is punishable by imprisonment for more than one year.

To direct the Attorney General to design and implement a procedure to permit enhanced searches of the National DNA Index System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Hope Act of 2005''. 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 30C the following new section: ``SEC. 30D. 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 30D(c)(2)) for qualified elementary and secondary education expenses (as defined in section 30D(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 30C the following new item: ``Sec. 30D. 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 30D(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 2005 - Amends the Internal Revenue Code to allow a tax credit, up to $100 ($200 for joint returns), for charitable contributions to an education investment organization that disburses 90% of its contributions to provide grants to students for elementary and secondary education expenses, if at least 50% of such disbursements go to students who qualify for free or reduced-cost school lunches. Requires a taxpayer claiming such credit to first claim a state qualified scholarship tax credit, as defined by this Act, as a condition of eligibility for the federal tax credit.

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. GRANTS TO ENCOURAGE USE OF SABBATICAL LEAVE FOR PROFESSIONAL DEVELOPMENT. (a) In General.--Part B of title II of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``SEC. 2212. GRANTS FOR SALARY DURING SABBATICAL LEAVE. ``(a) Program Authorized.--The Secretary may make grants to State educational agencies and local educational agencies to pay such agencies for one-half of the amount of the salary that otherwise would be earned by an eligible teacher described in subsection (b), if, in lieu of fulfilling the teacher's ordinary teaching assignment, the teacher completes a course of study described in subsection (c) during a sabbatical term described in subsection (d). ``(b) Eligible Teachers.--An eligible teacher described in this subsection is a teacher who-- ``(1) is employed by an agency receiving a grant under this section to provide classroom instruction to children at an elementary or secondary school that provides free public education; ``(2) has secured from such agency, and any other person or agency whose approval is required under State law, approval to take sabbatical leave for a sabbatical term described in subsection (d); ``(3) has submitted to the agency an application for a subgrant at such time, in such manner, and containing such information as the agency may require, including-- ``(A) written proof-- ``(i) of the approval described in paragraph (2); and ``(ii) of the teacher's having been accepted for enrollment in a course of study described in subsection (c); and ``(B) assurances that the teacher-- ``(i) will notify the agency in writing within a reasonable time if the teacher terminates enrollment in the course of study described in subsection (c) for any reason; ``(ii) in the discretion of the agency, will reimburse to the agency some or all of the amount of the subgrant if the teacher fails to complete the course of study; and ``(iii) otherwise will provide the agency with proof of having completed such course of study not later than 60 days after such completion; and ``(4) has been selected by the agency to receive a subgrant based on the agency's plan for meeting its classroom needs. ``(c) Course of Study.--A course of study described in this subsection is a course of study at an institution of higher education that-- ``(1) requires not less than one academic semester and not more than one academic year to complete; ``(2) is open for enrollment for professional development purposes to an eligible teacher described in subsection (b); and ``(3) is designed to improve the classroom teaching of such teachers through academic and child development studies. ``(d) Sabbatical Term.--A sabbatical term described in this subsection is a leave of absence from teaching duties granted to an eligible teacher for not less than one academic semester and not more than one academic year, during which period the teacher receives-- ``(1) one-half of the amount of the salary that otherwise would be earned by the teacher, if the teacher had not been granted a leave of absence, from State or local funds made available by a State educational agency or a local educational agency; and ``(2) one-half of such amount from Federal funds received by such agency through a grant under this section. ``(e) Payments.-- ``(1) To eligible teachers.--In making a subgrant to an eligible teacher under this section, a State educational agency or a local educational agency shall agree to pay the teacher, for tax and administrative purposes, as if the teacher's regular employment and teaching duties had not been suspended. ``(2) Repayment of secretary.--A State educational agency or a local educational agency receiving a grant under this section shall agree to pay over to the Secretary the Federal share of any amount recovered by the agency pursuant to subsection (b)(3)(B)(ii). ``(f) Funding.--For the purpose of carrying out this section, there are authorized to be appropriated $200,000,000 for fiscal year 2000 and such sums as may be necessary for fiscal years 2001 through 2004. Such sums shall be in addition to the amount authorized to be appropriated to carry out this part under section 2003.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect beginning with fiscal year 2000.

Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to State and local educational agencies to pay for one-half of the salaries of teachers who use approved sabbatical leave to pursue courses of study to improve their classroom teaching. Authorizes appropriations.

To amend the Elementary and Secondary Education Act of 1965 to provide grants to State and local educational agencies to pay such agencies for one-half of the salary of a teacher who uses approved sabbatical leave to pursue a course of study that will improve his or her classroom teaching.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2005''. SEC. 2. FINDINGS. (a) Findings.--Congress finds that-- (1) the Pick-Sloan Missouri River Basin program, authorized by section 9 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891), was intended to promote the general economic development of the United States; (2) the Oahe Dam and Reservoir Project-- (A) is a major component of the Pick-Sloan Missouri River Basin program; and (B) contributes to the national economy; (3) the Oahe Dam and Reservoir Project flooded the fertile bottom land of the Cheyenne River Sioux Reservation, which greatly damaged the economy and cultural resources of the Cheyenne River Sioux Tribe and caused the loss of many homes and communities of members of the Tribe; (4) Congress has provided compensation to several Indian tribes, including the Cheyenne River Sioux Tribe, that border the Missouri River and suffered injury as a result of 1 or more of the Pick-Sloan projects; (5) on determining that the compensation paid to the Cheyenne River Sioux Tribe was inadequate, Congress enacted the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365), which created the Cheyenne River Sioux Tribal Recovery Trust Fund; and (6) that Act did not provide for additional compensation to members of the Cheyenne River Sioux Tribe that lost land as a result of the Oahe Dam and Reservoir Project. (b) Purposes.--The purposes of this Act are-- (1) to provide that the Cheyenne River Sioux Tribal Recovery Trust Fund may be used to provide compensation to members of the Cheyenne River Sioux Tribe that lost land as a result of the Oahe Dam and Reservoir Project; and (2) to provide for the capitalization of the Cheyenne River Sioux Tribal Recovery Trust Fund. SEC. 3. CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION. (a) Findings and Purposes.--Section 102 of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is amended-- (1) in subsection (a)(3), by striking subparagraphs (A) and (B) and inserting the following: ``(A) the United States did not justify, or fairly compensate the Tribe and member landowners for, the Oahe Dam and Reservation project, under which the United States acquired 104,492 acres of land of the Tribe and member landowners; and ``(B) the Tribe and member landowners should be adequately compensated for that land;''; and (2) in subsection (b)(1), by inserting ``and member landowners'' after ``Tribe'' each place it appears. (b) Definitions.--Section 103 of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (4) and (3), respectively, and moving the paragraphs so as to appear in numerical order; and (2) by inserting before paragraph (3) (as redesignated by paragraph (1)) the following: ``(1) Member landowner.--The term `member landowner' means a member of the Tribe (or an heir of such a member) that owned land (including land allotted under the Act of February 8, 1887 (24 Stat. 388, chapter 119)) located on the Cheyenne River Sioux Reservation that was acquired by the United States for the Oahe Dam and Reservoir Project. ``(2) Power program.--The term `power program' means the power program under the Pick-Sloan Missouri River Basin program.''. (c) Cheyenne River Sioux Tribal Recovery Trust Fund.--Section 104 of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Funding.-- ``(1) In general.--The Secretary of the Treasury shall deposit into the Fund an amount equal to 25 percent of the amount deposited into the Treasury from the power program during the preceding fiscal year for the period-- ``(A) beginning on October 1, 2004; and ``(B) ending on the last date of the fiscal year during which the total amount deposited into the Treasury from the power program equals the amount described in paragraph (2). ``(2) Description of amount.-- ``(A) In general.--The amount referred to in paragraph (1)(B) is an amount equal to the sum of-- ``(i) $290,722,958; and ``(ii) an amount equal to the amount of interest or earnings that would have accrued on the amount described in clause (i) if that amount had been invested in accordance with subsection (c) as of October 1, 2001. ``(B) Calculation of interest.--The amount of interest and earnings described in subparagraph (A)(ii) shall be determined by applying the Lehman Government Bond Index (or a similar index, as determined by the Secretary of the Treasury, in consultation with the Tribal Council).''; (2) in subsection (d)(1), by striking ``Beginning on the first day of the 11th fiscal year after the date of enactment of this Act'' and inserting ``Beginning on October 1, 2005,''; and (3) in subsection (f)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: ``(3) Member landowners.-- ``(A) In general.--The plan may provide for the payment of additional compensation to member landowners for acquisition of land by the United States for use in the Oahe Dam and Reservoir Project. ``(B) Provision of records.--To assist the Tribe in processing claims of heirs of member landowners for land acquired by the United States for use in the Oahe Dam and Reservoir Project, the Secretary of the Interior shall provide to the Tribe any record requested by the Tribe to identify the heirs of member landowners by the date that is 60 days after the date of receipt of a request from the Tribe.''. (d) Eligibility of Tribe for Certain Programs and Services.-- Section 105 of the Cheyenne River Sioux Tribe Equitable Compensation Act (Public Law 106-511; 114 Stat. 2365) is amended in the matter preceding paragraph (1) by inserting ``or any member landowner'' after ``Tribe''.

Cheyenne River Sioux Tribe Equitable Compensation Amendments Act of 2005 - Amends the Cheyenne River Sioux Tribe Equitable Compensation Act to make member landowners eligible for the additional financial compensation provided to the Cheyenne River Sioux Tribe for the acquisition by the federal government of 104,492 acres of land of the Tribe and member landowners for the Oahe Dam and Reservoir project. Defines member landowner as a member of the Tribe (or an heir of such a member) that owned land on the Cheyenne River Sioux Reservation that was acquired by the United States for the Oahe Dam and Reservoir Project. Directs the Secretary of the Treasury to deposit into the Cheyenne River Sioux Tribal Recovery Trust Fund an amount equal to 25% of the amount deposited into the Treasury from the power program during the preceding fiscal year for the period between October 1, 2004, and the last date of the fiscal year during which the total amount deposited into the Treasury from the power program equals a specified amount. Authorizes the plan prepared for the use of payments to the Tribe to provide for payment of additional compensation to member landowners. Requires the Secretary of the Interior to assist the Tribe in claims processing by providing any record requested to identify the heirs of member landowners within 60 days after receiving a request.

To amend the Cheyenne River Sioux Tribe Equitable Compensation Act to provide compensation to members of the Cheyenne River Sioux Tribe for damage resulting from the Oahe Dam and Reservoir Project, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wellness and Prevention Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Improving the health of the population and reducing medical costs requires implementation of preventive methods. (2) Organizations throughout the United States have expressed the need for an increase of public health professionals. (3) There are only approximately 6,000 physicians board certified in preventive medicine. (4) Many health care costs are spent on chronic conditions that could be avoided by implementing preventive methods. (5) The number of preventive medicine residency programs and individuals pursuing preventive medicine has significantly decreased in recent years. (6) Preventive medicine physicians are uniquely trained to serve patients and communities. (7) A strong public health system requires a strong preventive medicine workforce. SEC. 3. LOAN PAYMENT ASSISTANCE FOR PREVENTIVE MEDICINE PHYSICIANS. (a) Payments.--On behalf of any eligible preventive medicine physician, the Secretary of Health and Human Services may pay up to $20,000 of the medical education loans incurred by the physician. (b) Application.--To request a payment under this section, an eligible preventive medicine physician shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Definitions.--In this section: (1) The term ``eligible preventive medicine physician'' means a practicing physician who receives board certification in preventive medicine during the period of fiscal years 2008 through 2012. (2) The term ``medical education loan'' means the outstanding principal of and interest on a loan incurred for the cost of attendance (including tuition, other reasonable educational expenses, and reasonable living costs) at a school of medicine. (3) The term ``school of medicine'' has the meaning given to that term in section 799B of the Public Health Service Act (42 U.S.C. 295p). (4) The term ``Secretary'' means the Secretary of Health and Human Services. (d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012. SEC. 4. WELLNESS PROGRAM EMPLOYER CREDIT. (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 inserting after section 45N the following new section: ``SEC. 45O. WELLNESS PROGRAM EMPLOYER CREDIT. ``(a) General Rule.--For purposes of section 38, the wellness program employer credit determined under this section for any taxable year is an amount equal to 25 percent of the expenses paid or incurred by the eligible employer during the taxable year to develop and implement a qualified wellness program. ``(b) Dollar Limitation.--The amount of the credit determined under this section for any taxable year shall not exceed $200 per qualified employee employed by the eligible employer during the taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible employer.--With respect to a taxable year, the term `eligible employer' means an employer who-- ``(A) develops and implements a qualified wellness program, and ``(B) keeps accurate records of the preventive services and other programs in which the eligible employer's employees have participated during the taxable year. ``(2) Qualified wellness program.--With respect to an eligible employer, the term `qualified wellness program' means a program-- ``(A) that is developed and implemented by the eligible employer, in consultation with an individual who has implemented a wellness program for a different employer and who will ensure compliance with appropriate measures to protect the privacy of program participants, ``(B) that conducts health risk assessments for each of the program's participants, ``(C) that offers at least 2 of the preventive services strongly recommended by the U.S. Preventive Services Task Force on an annual basis, ``(D) that offers annual counseling sessions and seminars related to at least 3 of the following: ``(i) smoking, ``(ii) obesity, ``(iii) stress management, ``(iv) physical fitness, ``(v) nutrition, ``(vi) substance abuse, ``(vii) depression, ``(viii) mental health, ``(ix) heart disease, and ``(x) maternal and infant health, and ``(E) whose qualified participants include not less than 50 percent of the eligible employer's full-time employees. ``(3) Qualified employee.--With respect to an eligible employer, the term `qualified employee' means an individual who is-- ``(A) a full-time employee of the eligible employer, and ``(B) a qualified participant in the eligible employer's qualified wellness program. ``(4) Qualified participant.--With respect to a taxable year, the term `qualified participant' means an individual-- ``(A) who participates in at least 2 of the annual preventive services or other programs offered through a qualified wellness program during the taxable year, and ``(B) with respect to whom a health risk assessment has been conducted during the taxable year, as determined by the eligible employer who has developed and implemented such qualified wellness program. ``(d) Termination.--This section shall not apply in taxable years beginning after December 31, 2012.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the wellness program employer credit determined under section 45O(a).''. (2) 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 45N the following new item: ``Sec. 45O. Wellness program employer credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 5. WELLNESS PROGRAM PARTICIPANT CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. WELLNESS PROGRAM PARTICIPANT CREDIT. ``(a) Allowance of Credit.--In the case of a qualified employee, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to $200. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified employee.--With respect to an eligible employer, the term `qualified employee' means an individual who is-- ``(A) a full-time employee of the eligible employer, and ``(B) a qualified participant in the eligible employer's qualified wellness program. ``(2) Qualified participant.--With respect to a taxable year, the term `qualified participant' means an individual-- ``(A) who participates in at least 2 of the annual preventive services or other programs offered through a qualified wellness program during the taxable year, and ``(B) with respect to whom a health risk assessment has been conducted during the taxable year, as determined by the eligible employer who has developed and implemented such qualified wellness program. ``(3) Qualified wellness program.--With respect to an eligible employer, the term `qualified wellness program' means a program-- ``(A) that is developed and implemented by the eligible employer, in consultation with an individual who has implemented a wellness program for a different employer and who will ensure compliance with appropriate measures to protect the privacy of program participants, ``(B) that conducts health risk assessments for each of the program's participants, ``(C) that offers at least 2 of the preventive services strongly recommended by the U.S. Preventive Services Task Force on an annual basis, ``(D) that offers annual counseling sessions and seminars related to at least 3 of the following: ``(i) smoking, ``(ii) obesity, ``(iii) stress management, ``(iv) physical fitness, ``(v) nutrition, ``(vi) substance abuse, ``(vii) depression, ``(viii) mental health, ``(ix) heart disease, and ``(x) maternal and infant health, and ``(E) whose qualified participants include not less than 50 percent of the eligible employer's full-time employees. ``(4) Eligible employer.--With respect to a taxable year, the term `eligible employer' means an employer who-- ``(A) develops and implements a qualified wellness program, and ``(B) keeps accurate records of the preventive services and other programs in which the eligible employer's employees have participated during the taxable year. ``(c) Termination.--This section shall not apply in taxable years beginning after December 31, 2012.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Wellness program participant credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Wellness and Prevention Act of 2007 - Authorizes the Secretary of Health and Human Services to pay up to a specified amount of the medical education loans incurred by any physician who receives board certification in preventive medicine from FY2008-FY2012. Amends the Internal Revenue Code to provide for a wellness program tax credit for employers that develop and implement a program that: (1) conducts health risk assessments for each program participant; (2) offers annually at least two preventive health screenings; (3) offers annual counseling sessions on at least three preventive health topics; and (4) includes as participants not less than 50% of full-time employees. Provides a tax credit for qualified employees that participate in their employer's qualified wellness program.

To promote preventive health care for Americans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015''. SEC. 2. AMENDMENTS TO THE CLAYTON ACT. The Clayton Act (15 U.S.C. 12 et seq.) is amended-- (1) by striking section 4F and inserting the following: ``SEC. 4F. ACTIONS BY ATTORNEY GENERAL OF THE UNITED STATES OR THE FEDERAL TRADE COMMISSION. ``(a) Whenever the Attorney General of the United States has brought an action under the antitrust laws or the Federal Trade Commission has brought an action under section 7, and the Attorney General or Federal Trade Commission, as applicable, has reason to believe that any State attorney general would be entitled to bring an action under this Act based substantially on the same alleged violation of the antitrust laws or section 7, the Attorney General or Federal Trade Commission, as applicable, shall promptly give written notification thereof to such State attorney general. ``(b) To assist a State attorney general in evaluating the notice described in subsection (a) or in bringing any action under this Act, the Attorney General of the United States or Federal Trade Commission, as applicable, shall, upon request by such State attorney general, make available to the State attorney general, to the extent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of action under this Act.''; (2) in section 5-- (A) in subsection (a) by inserting ``(including a proceeding brought by the Federal Trade Commission with respect to a violation of section 7)'' after ``United States under the antitrust laws''; and (B) in subsection (i) by inserting ``(including a proceeding instituted by the Federal Trade Commission with respect to a violation of section 7)'' after ``antitrust laws''; (3) in section 11, by adding at the end the following: ``(m)(1) Except as provided in paragraph (2), in enforcing compliance with section 7, the Federal Trade Commission shall enforce compliance with that section in the same manner as the Attorney General in accordance with section 15. ``(2) If the Federal Trade Commission approves an agreement with the parties to the transaction that contains a consent order with respect to a violation of section 7, the Commission shall enforce compliance with that section in accordance with this section.''; (4) in section 13, by inserting ``(including a suit, action, or proceeding brought by the Federal Trade Commission with respect to a violation of section 7)'' before ``subpoenas''; and (5) in section 15, by inserting ``and the duty of the Federal Trade Commission with respect to a violation of section 7,'' after ``General,''. SEC. 3. AMENDMENTS TO THE FEDERAL TRADE COMMISSION ACT. The Federal Trade Commission Act (15 U.S.C. 41) is amended-- (1) in section 5(b), by inserting ``(excluding the consummation of a proposed merger, acquisition, joint venture, or similar transaction that is subject to section 7 of the Clayton Act (15 U.S.C. 18), except in cases where the Commission approves an agreement with the parties to the transaction that contains a consent order)'' after ``unfair method of competition''; (2) in section 9, by inserting after the fourth undesignated paragraph the following: ``Upon the application of the commission with respect to any activity related to the consummation of a proposed merger, acquisition, joint venture, or similar transaction that is subject to section 7 of the Clayton Act (15 U.S.C. 18) that may result in any unfair method of competition, the district courts of the United States shall have jurisdiction to issue writs of mandamus commanding any person or corporation to comply with the provisions of this Act or any order of the commission made in pursuance thereof.''. (3) in section 13(b)(1), by inserting ``(excluding section 7 of the Clayton Act (15 U.S.C. 18) and section 5(a)(1) with respect to the consummation of a proposed merger, acquisition, joint venture, or similar transaction that is subject to section 7 of the Clayton Act (15 U.S.C. 18))'' after ``Commission''; and (4) in section 20(c)(1), by inserting ``or under section 7 of the Clayton Act (15 U.S.C. 18), where applicable,'' after ``Act,''. SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall not apply to any of the following that occurs before the date of enactment of this Act: (1) A violation of section 7 of the Clayton Act (15 U.S.C. 18). (2) A transaction with respect to which there is compliance with section 7A of the Clayton Act (15 U.S.C. 18a). (3) A case in which a preliminary injunction has been filed in a district court of the United States. Passed the House of Representatives March 23, 2016. Attest: KAREN L. HAAS, Clerk.

. Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015 (Sec. 2) This bill amends the Clayton Act with respect to notice to a state by the Department of Justice (DOJ) about federal actions brought for violations of antitrust laws. Currently DOJ must: notify a state attorney general about an antitrust action regarding which DOJ has reason to believe that the state attorney general would also be entitled to bring an action based substantially on the same alleged violation of the antitrust laws; and upon request make available to the state attorney general, to the extent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of action. The Federal Trade Commission (FTC) shall exercise the same authority and procedures as DOJ under the Clayton Act if the FTC has brought an action under Section 7 of the same Act with respect to the prohibition against acquisition by one corporation of the stock of another (merger) that may substantially lessen competition or tend to create a monopoly. Also in cases brought by the FTC that result in final judgments against a defendant, those judgments shall be prima facie evidence of antitrust violations under substantially similar facts in actions brought by other parties. The statute of limitations shall be tolled during a proceeding brought by the FTC under Section 7, and for one year thereafter, for any private and state rights of action based on the conduct in question during the proceeding. The FTC shall enforce compliance with section 7 in the same manner as DOJ in acting to prevent or restrain antitrust violations. The FTC shall enforce a consent order, however, in the same manner it does already. (Sec. 3) The Federal Trade Commission Act (FTCA) is amended to exclude proposed mergers, acquisitions, joint ventures, or similar transactions from ordinary FTC proceedings, except in cases where the FTC approves an agreement with the parties to the transaction that contains a consent order. U.S. district courts shall have jurisdiction to issue writs of mandamus commanding compliance with the FTCA or any FTC order, if the FTC applies to such courts with respect to any activity related to consummation of a merger, acquisition, joint venture, or similar transaction that may result in an unfair method of competition.

Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep America Healthy Act of 2001''. SEC. 2. OPTIONAL MEDICAID COVERAGE OF UNINSURED, POOR ADULTS. (a) Availability of Medicaid Coverage for Uninsured, Poor Adults.-- (1) Addition of optional coverage group.--Section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended-- (A) by striking ``or'' at the end of subclause (XVII); (B) by striking the semicolon at the end of subclause (XVIII) and inserting ``, or''; and (C) by adding at the end the following new subclause: ``(XIX) described in subsection (cc);''. (2) Eligibility standards for new eligibility group.-- Section 1902 of such Act is further amended by adding at the end the following new subsection: ``(cc) For purposes of subsection (a)(10)(A)(ii)(XIX), individuals described in this subsection are individuals who meet the following requirements: ``(1) The individual is at least 21 years of age but is under 65 years of age. ``(2) The income of the individual's family does not exceed a percentage (not to exceed 200 percent) specified by the State of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved and, at the option of a State, the individual's resources do not exceed such resource level as the State may establish, so long as such resource level is not more restrictive than the resources an individual may have and obtain benefits under the supplemental security income program under title XVI.''. (b) Provision of Enhanced Federal Medical Assistance as Incentive for States To Increase Coverage.-- (1) Application of enhanced federal medical assistance percentage.--Section 1905(b)(4) of such Act (42 U.S.C. 1396d(b)(4)) is amended by inserting ``or section 1902(a)(10)(A)(ii)(XIX)'' after ``section 1902(a)(10)(A)(ii)(XVIII)''. (2) Increase in medicaid payment limit for territories to accommodate expanded coverage for residents of puerto rico, the virgin islands, guam, american samoa, and the northern mariana islands.--Section 1108 of such Act (42 U.S.C. 1308) is amended-- (A) in subsection (f), by striking ``subsection (g)'' and inserting ``subsections (g) and (h)''; and (B) by adding at the end the following new subsection: ``(h) Increase in Medicaid Payment Limit To Accommodate Expanded Coverage Under the Keep America Healthy Act.--(1) With respect to fiscal year 2002 and each succeeding fiscal year, if Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa provides for coverage of individuals under section 1902(a)(10)(A)(ii)(XIX) in a fiscal year, the amounts otherwise determined for the respective territory under subsections (f) and (g) for such fiscal year shall be increased by a percentage (estimated by the Secretary) equal to 120 percent of the State average Keep America Healthy percentage, estimated by the Secretary under paragraph (2) for the fiscal year involved. ``(2) For each such fiscal year the Secretary shall estimate a State average Keep America Healthy percentage equal to (A) the total Federal payments under title XIX for the fiscal year for the 50 States and the District of Columbia that are attributable to individuals made eligible for benefits under section 1902(a)(10)(A)(ii)(XIX), divided by (B) the total Federal payments under such title the fiscal year for such States and District.''. (c) Conforming and Technical Amendments.--(1) Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)) is amended by inserting ``1902(a)(10)(A)(ii)(XIX),'' after ``1902(a)(10)(A)(ii)(XVIII),''. (2) Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended, in the matter before paragraph (1)-- (A) by striking ``or'' at the end of clause (xi); (B) by adding ``or'' at the end of clause (xii); and (C) by inserting after clause (xii) the following new clause: ``(xiii) individuals described in section 1902(cc),''. (3) Section 1905(u)(4) of such Act (42 U.S.C. 1396d(u)(4)) is amended by inserting before the period at the end the following: ``for individuals not covered under section 1902(a)(10)(A)(ii)(XIX)''. (4)(A) Section 1902 of such Act (42 U.S.C. 1396a), as amended by section 702(b) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), is amended by redesignating the subsection (aa) added by such section as subsection (bb). (B) Section 1902(a)(15) of such Act (42 U.S.C. 1396a(a)(15)), as added by section 702(a)(2) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as so enacted into law), is amended by striking ``subsection (aa)'' and inserting ``subsection (bb)''. (C) Section 1915(b) of such Act (42 U.S.C. 1396n(b)), as amended by section 702(c)(2) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as so enacted into law), is amended by striking ``1902(aa)'' and inserting ``1902(bb)''. (d) Effective Date.--The amendments made by this section shall take effect on October 1, 2001.

Keep America Healthy Act of 2001 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to make a new optional Medicaid eligibility group for individuals between ages 21 and 65 whose family income does not exceed a State-specified percentage up to 200 percent of the applicable poverty line. Authorizes the State also to require the individual's resources not to exceed whatever level the State may establish, so long as it is not more restrictive than the requirements of the Supplemental Security Income program under SSA title XVI (Supplemental Security Income). Provides for the application to such new group of the enhanced Federal medical assistance percentage described under SSA title XXI (State Children's Health Insurance Program).Amends SSA title XI to provide for an increase in the Medicaid payment limit for territories to accommodate expanded coverage for residents of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.

To amend title XIX of the Social Security Act to permit States to expand Medicaid eligibility to uninsured, poor adults.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant Crib Safety Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress makes the following findings: (1) The disability and death of infants resulting from injuries sustained in crib incidents are a serious threat to the public health, welfare, and safety of people of this country. (2) The design and construction of a baby crib must ensure that it is safe to leave an infant unattended for extended periods of time. A parent or caregiver has a right to believe that the crib in use is a safe place to leave an infant. (3) Each year more than 12,000 children ages 2 and under are injured in cribs seriously enough to require hospital treatment. (4) Each year at least 50 children ages 2 and under die from injuries sustained in cribs. (5) The United States Consumer Product Safety Commission estimates that the cost to society resulting from deaths due to cribs is at least $225,000,000 per year. (6) Secondhand, hand-me-down, and heirloom cribs pose a special problem. There are nearly 4 million infants born in this country each year, but only one million new cribs sold. As many as 2 out of 4 infants are placed in secondhand, hand-me- down, or heirloom cribs. (7) Most crib deaths occur in secondhand, hand-me-down, or heirloom cribs. (8) Existing State and Federal legislation is inadequate to deal with the hazard presented by secondhand, hand-me-down, or heirloom cribs. (9) Prohibiting the contracting to sell, resell, lease, sublease of unsafe cribs that are not new, or otherwise place in the stream of commerce unsafe secondhand, hand-me-down, or heirloom cribs, will prevent injuries and deaths caused by cribs. (b) Purpose.--The purpose of this Act is to prevent the occurrence of injuries and deaths to infants as a result of unsafe cribs by making it illegal-- (1) to manufacture, sell, or contract to sell any crib that is unsafe for any infant using it; or (2) to resell, lease, sublet, or otherwise place in the stream of commerce, after the effective date of this Act, any unsafe crib, particularly any unsafe secondhand, hand-me-down, or heirloom crib. SEC. 3. DEFINITIONS. As used in this Act: (1) Commercial user.--The term ``commercial user'' means any person-- (A) who manufactures, sells, or contracts to sell full-size cribs or nonfull-size cribs; or (B) who-- (i) deals in full-size or nonfull-size cribs that are not new or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to full-size cribs or nonfull-size cribs, including child care facilities and family child care homes; or (ii) is in the business of contracting to sell or resell, lease, sublet, or otherwise placing in the stream of commerce full-size cribs or nonfull-size cribs that are not new. (2) Crib.--The term ``crib'' means a full-size crib or nonfull-size crib. (3) Full-size crib.--The term ``full-size crib'' means a full-size baby crib as defined in section 1508.1 of title 16 of the Code of Federal Regulations. (4) Infant.--The term ``infant'' means any person less than 35 inches tall or less than 2 years of age. (5) Nonfull-size crib.--The term ``nonfull-size crib'' means a nonfull-size baby crib as defined in section 1509.2(b) of title 16 of the Code of Federal Regulations (including a portable crib and a crib-pen described in paragraph (2) of subsection (b) of that section). SEC. 4. PROHIBITIONS. (a) In General.--It shall be unlawful for any commercial user-- (1) to manufacture, sell, or contract to sell, any full- size crib or nonfull-size crib that is unsafe for any infant using it; or (2) to sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, any full-size or nonfull-size crib that is not new and that is unsafe for any infant using the crib. (b) Lodgings.--It shall be unlawful for any hotel, motel, or similar transient lodging facility to offer or provide for use or otherwise place in the stream of commerce, on or after the effective date of this Act, any full-size crib or nonfull-size crib that is unsafe for any infant using it. SEC. 5. CRIB STANDARDS. A crib shall be presumed to be unsafe under this Act if it does not conform to all of the following: (1) Part 1508 (commencing with section 1508.1) of title 16 of the Code of Federal Regulations. (2) Part 1509 (commencing with section 1509.1) of title 16 of the Code of Federal Regulations. (3) Part 1303 (commencing with section 1303.1) of title 16 of the Code of Federal Regulations. (4) American Society for Testing Materials Voluntary Standard F.406. (5) American Society for Testing Materials Voluntary Standards F966. (6) American Society for Testing Materials Voluntary Standards F1169. (7) American Society for Testing Materials Voluntary Standards F1822. (8) Any regulations or standards that are adopted in order to amend or supplement the regulations described in paragraphs (1) through (7). SEC. 6. EXCEPTIONS. This Act shall not apply to a full-size crib or nonfull-size crib that is not intended for use by an infant, including a toy or display item, if at the time it is manufactured, made subject to a contract to sell or resell, leased, subletted, or otherwise placed in the stream of commerce, as applicable, it is accompanied by a notice to be furnished by each commercial user declaring that the crib is not intended to be used for an infant and is dangerous to use for an infant. SEC. 7. ENFORCEMENT. (a) Civil Penalty.--Any commercial user, hotel, motel, or similar transient lodging facility that knowingly violates section 4 is subject to a civil penalty not exceeding $1,000. (b) Injunction.--Any person may bring an action in a district court of the United States against any commercial user, hotel, motel, or similar transient lodging facility to enjoin any act or omission that violates section 4, and for reasonable attorneys fees and costs incurred in bringing the action. SEC. 8. REMEDIES. Penalties or other remedies available under this Act are in addition to any other fines, penalties, remedies, or procedures under any other provision of law. SEC. 9. EFFECTIVE DATE. This Act shall become effective 90 days after the date of its enactment.

Infant Crib Safety Act - Makes it unlawful for any commercial user to: (1) manufacture, sell, or contract to sell any full-size or nonfull-size crib which is unsafe for any infant; or (2) sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce any such crib which is not new and is unsafe for any infant. Makes it unlawful for any lodging facility to offer or provide such an unsafe crib. Presumes as unsafe a crib which does not conform to specified standards in the Code of Federal Regulations and the American Society for Testing Materials Voluntary Standards, unless labeled as dangerous for an infant and not intended to be used for one.Authorizes a fine and injunction against violators of this Act.

A bill to provide for infant crib safety, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Baseball Hall of Fame Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) On June 12, 1939, the National Baseball Hall of Fame and Museum opened in Cooperstown, New York. Ty Cobb, Walter Johnson, Christy Mathewson, Babe Ruth, and Honus Wagner comprised the inaugural class of inductees. This class set the standard for all future inductees. Since 1939, just one percent of all Major League Baseball players have earned induction into the National Baseball Hall of Fame. (2) The National Baseball Hall of Fame and Museum is dedicated to preserving history, honoring excellence, and connecting generations through the rich history of our national pastime. Baseball has mirrored our Nation's history since the Civil War, and is now an integral part of our Nation's heritage. (3) The National Baseball Hall of Fame and Museum chronicles the history of our national pastime and houses the world's largest collection of baseball artifacts, including more than 38,000 three dimensional artifacts, 3,000,000 documents, 500,000 photographs, and 12,000 hours of recorded media. This collection ensures that baseball history and its unique connection to American history will be preserved and recounted for future generations. (4) Since its opening in 1939, more than 14,000,000 baseball fans have visited the National Baseball Hall of Fame and Museum to learn about the history of our national pastime and the game's connection to the American experience. (5) The National Baseball Hall of Fame and Museum is an educational institution, reaching 10,000,000 Americans annually. Utilizing video conference technology, students and teachers participate in interactive lessons led by educators from the National Baseball Hall of Fame Museum. These award-winning educational programs draw upon the wonders of baseball to reach students in classrooms nationwide. Each educational program uses baseball as a lens for teaching young Americans important lessons on an array of topics, including mathematics, geography, civil rights, women's history, economics, industrial technology, arts, and communication. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the National Baseball Hall of Fame, 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 diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 400,000 $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. (3) Half-dollar clad coins.--Not more than 750,000 half-dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Sense of Congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the $1 coins and $5 coins minted under this Act should be produced in a fashion similar to the 2009 International Year of Astronomy coins issued by Monnaie de Paris, the French Mint, so that the reverse of the coin is convex to more closely resemble a baseball and the obverse concave, providing a more dramatic display of the obverse design chosen pursuant to section 4(c). SEC. 4. DESIGN OF COINS. (a) In General.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the National Baseball Hall of Fame; (B) the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. (b) Designations and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2014''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection and Approval Process for Obverse Design.-- (1) In general.--The Secretary shall hold a competition to determine the design of the common obverse of the coins minted under this Act, with such design being emblematic of the game of baseball. (2) Selection and approval.--Proposals for the design of coins minted under this Act may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. The Secretary shall encourage 3-dimensional models to be submitted as part of the design proposals. (3) Proposals.--As part of the competition described in this subsection, the Secretary may accept proposals from artists, engravers of the United States Mint, and members of the general public. (4) Compensation.--The Secretary shall determine compensation for the winning design under this subsection, which shall be not less than $5,000. The Secretary shall take into account this compensation amount when determining the sale price described in section 6(a). (d) Reverse Design.--The design on the common reverse of the coins minted under this Act shall depict a baseball similar to those used by Major League Baseball. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2014. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half-dollar 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 National Baseball Hall of Fame to help finance its operations. (c) Audits.--The National Baseball Hall of Fame shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. SEC. 9. BUDGET COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Baseball Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar coins in recognition of the National Baseball Hall of Fame during the one-year period beginning on January 1, 2014. Directs the Secretary to: (1) hold a competition to determine the design of the common obverse of the coins, with such design being emblematic of the game of baseball; and (2) determine compensation for the winning design, which shall be not less than $5,000 and which shall be taken into account when determining the sale price. Requires the design on the common reverse side to depict a baseball similar to those used by Major League Baseball. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the National Baseball Hall of Fame to help finance its operations after the total cost of designing and issuing the coins is recovered by the Treasury. Directs the Secretary to ensure that minting and issuing coins under this Act will not result in any net cost to the U.S. government.

To require the Secretary of the Treasury to mint coins in recognition and celebration of the National Baseball Hall of Fame.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Advancement of Women in the Science and Engineering Work Forces Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) despite a consistently high presence of women in the professional and total work forces of the United States, women continue to be underrepresented in the science and engineering work forces; (2) women scientists and engineers have higher rates of unemployment and underemployment than their male counterparts, although the number of women receiving degrees in scientific and engineering disciplines has increased since 1981; (3) artificial barriers exist in the recruitment, retention, and advancement of women in the science and engineering work forces; (4) academia, industry, and government are increasingly aware of the necessity of and the advantages derived from diverse science and engineering work forces; (5) initiatives of the White House Task Force on Women, Minorities, and the Handicapped in Science and Technology and of the Federal Coordinating Council on Science, Engineering, and Technology have been instrumental in raising public awareness of-- (A) the underrepresentation of women in the science and engineering work forces; and (B) the desirability of eliminating artificial barriers to the recruitment, retention, and advancement of women in such work forces; and (6) the establishment of a commission to examine issues raised by these initiatives would help to-- (A) focus greater attention on the importance of eliminating artificial barriers to the recruitment, retention, and advancement of women in the science and engineering work forces and in all employment sectors of the United States; (B) promote work force diversity; (C) sensitize employers to the need to recruit and retain women scientists and engineers in order to overcome projected shortfalls within the science and engineering work forces of the United States during the next 20 years; and (D) encourage the replication of successful recruitment and retention programs by universities, corporations, and Federal agencies having difficulties in employing women scientists and engineers. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Commission on the Advancement of Women in the Science and Engineering Work Forces'' (hereinafter in this Act referred to as the ``Commission''). SEC. 4. DUTY OF COMMISSION. The Commission shall conduct a study to-- (1) identify the number of women in the United States in the science and engineering work forces, the specific types of occupations in such workforces in which women scientists and engineers are underrepresented; (2) examine the preparedness of women to-- (A) pursue careers in the science and engineering work forces; and (B) advance to positions of greater responsibility within academia, industry, and government; (3) describe the practices and policies of employers and labor unions relating to the recruitment, retention, and advancement of women scientists and engineers; (4) identify the opportunities for, and artificial barriers to, the recruitment, retention, and advancement of women scientists and engineers in academia, industry, and government; (5) describe the employment situations in which the recruitment, retention, and advancement of women scientists and engineers are comparable to their male counterparts, and identify those situations in which such comparability does not exist; (6) compile a synthesis of available research on practices, policies, and programs that have successfully led to the recruitment, retention, and advancement of women in the science and engineering work forces, including training programs, rotational assignments, developmental programs, reward programs, employee benefit structures, and family leave policies; (7) examine such other issues and information relating to the advancement of women in the science and engineering work forces as determined by the Commission to be appropriate; and (8) issue recommendations that government (including Congress and appropriate Federal agencies), academia, and private industry can follow to assist in the recruitment, retention, and advancement of women in science and engineering. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 17 members as follows: (1) 5 members appointed by the President. (2) 3 members appointed jointly by the Speaker of the House of Representatives and the majority leader of the Senate. (3) 1 member appointed by the majority leader of the House of Representatives. (4) 1 member appointed by the minority leader of the House of Representatives. (5) 1 member appointed by the majority leader of the Senate. (6) 1 member appointed by the minority leader of the Senate. (7) 2 Members of the House of Representatives, appointed jointly by the majority leader and the minority leader of the House of Representatives. (8) 2 Senators appointed jointly by the majority leader and the minority leader of the Senate. (9) The Director of the Office of Science and Technology Policy. (b) Additional Qualifications.--Initial appointments shall be made under subsection (a) not later than 180 days after the date of the enactment of this Act. In making each appointment under subsection (a), the appointing authority shall consider (among other factors) whether the individual-- (1) is a member of an organization representing women and minorities; (2) holds executive management or senior decision-making positions in any business entity; and (3) possesses academic expertise or other recognized abilities relating to employment and employment discrimination issues. (c) Political Affiliation.--Not more than \1/2\ of the members appointed from individuals who are officers or employees of the United States may be of the same political party. (d) Continuation of Membership.--If a member was appointed to the Commission because the member was an officer or employee of any government and later ceases to be such an officer or employee, that member may continue as a member of the Commission for not longer than the 60-day period beginning on the date the member ceases to be such an officer or employee. (e) Terms.-- (1) In general.--Each Member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), each member of the Commission shall receive compensation at the daily equivalent of the maximum rate of pay payable under section 5376 of title 5, United States Code, for each day the member is engaged in the performance of duties for the Commission, including attendance at meetings and conferences of the Commission, and travel to conduct the duties of the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (g) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (i) Chairperson.--The Director of the Office of Science and Technology Policy shall serve as the Chairperson of the Commission. (j) Meetings.-- (1) Meetings prior to completion of report.--The Commission shall meet not fewer than 5 times in connection with and pending the completion of the reports described in subsections (a) and (b) of section 8. The Commission shall hold additional meetings for such purpose if the Chairperson or a majority of the members of the Commission requests the additional meetings in writing. (2) Meetings after completion of report.--The Commission shall meet at least once, but not more than twice after the completion of the report described in section 8(b), in connection with and pending completion of the report required by section 8(c). (k) Employment Status.--A member of the Commission, who is not otherwise an officer or employee of the Federal Government, shall not be deemed to be an employee of the Federal Government except for the purposes of-- (1) the tort claims provisions of chapter 171 of title 28, United States Code; and (2) subchapter I of chapter 81 of title 5, United States Code, relating to compensation for work injuries. SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a Director who shall be appointed by the Chairperson. The Director shall be paid at a rate not to exceed the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code. (b) Staff.--Subject to rules prescribed by the Commission, the Chairperson may appoint and fix the pay of additional personnel as the Chairperson considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Contract Authority.--To the extent provided in advance in appropriations Acts, the Commission may contract with and compensate government and private agencies or persons for the purpose of conducting research or surveys necessary to enable the Commission to carry out its duties under this Act. SEC. 8. REPORTS. (a) Status Report.--Not later than 1 year after the date on which the initial appointments under section 5(a) are completed, the Commission shall submit to the President and the Congress a written report describing the current activities and findings of the Commission and the direction of the Commission. (b) Recommendation Report.--Not later than 18 months after the date on which the initial appointments under section 5(a) are completed, the Commission shall submit to the President and the Congress a written report containing-- (1) the findings and conclusions of the Commission resulting from the study conducted under section 4; and (2) recommendations, including specific proposed legislation and administrative action, based on the findings and conclusions referred to in paragraph (1). (c) Follow-Up Report.--After submission of the report required by subsection (b) and before the termination of the Commission, the Commission shall submit to the President and to the Congress a written report-- (1) identifying which of the recommendations included in such report have been implemented; and (2) containing any additional information the Commission considers to be appropriate. SEC. 9. TERMINATION. The Commission shall terminate 1 year after submitting the report required by section 8(b). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal years 1995, 1996, and 1997 such sums as may be necessary to carry out this Act.

Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces. Authorizes appropriations. Terminates the Commission one year after submission of a report required by this Act.

Commission on the Advancement of Women in the Science and Engineering Work Forces Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Paperwork Reduction and Fraud Prevention Act of 2001''. SEC. 2. NATIONAL BIPARTISAN COMMISSION ON BILLING CODES AND FORMS SIMPLIFICATION. (a) Establishment.--There is hereby established the Commission on Billing Codes and Forms Simplification (in this section referred to as the ``Commission''). (b) Duties.--The Commission shall make recommendations regarding the following: (1) Standardized forms.--Standardizing credentialing and billing forms respecting health care claims, that all Federal Government agencies would use and that the private sector is able (and is encouraged, but not required) to use. (2) Reduction in billing codes.--A significant reduction and simplification in the number of billing codes. (3) Regulatory and appeals process reform.--Reforms in the medicare regulatory and appeals processes in order to ensure that the Secretary of Health and Human Services provides appropriate guidance to physicians, providers of services, and ambulance providers that are attempting to properly submit claims under the medicare program and to ensure that the Secretary does not target inadvertent billing errors. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 17 members, of whom-- (A) four shall be appointed by the President; (B) six shall be appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, of whom not more than 4 shall be of the same political party; (C) six shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, of whom not more than 4 shall be of the same political party; and (D) one, who shall serve as Chairman of the Commission, appointed jointly by the President, Majority Leader of the Senate, and the Speaker of the House of Representatives. (2) Appointment.--Members of the Commission shall be appointed by not later than 90 days after the date of the enactment of this Act. (d) Incorporation of Bipartisan Commission Provisions.--The provisions of paragraphs (3) through (8) of subsection (c) and subsections (d), (e), and (h) of section 4021 of the Balanced Budget Act of 1997 shall apply to the Commission under this section in the same manner as they applied to the National Bipartisan Commission on the Future of Medicare under such section. (e) Report.--Not later than December 31, 2001, the Commission shall submit a report to the President and Congress which shall contain a detailed statement of only those recommendations, findings, and conclusions of the Commission that receive the approval of at least 11 members of the Commission. (f) Termination.--The Commission shall terminate 30 days after the date of submission of the report required in subsection (e). SEC. 3. EDUCATION OF PHYSICIANS AND PROVIDERS CONCERNING MEDICARE PROGRAM PAYMENTS. (a) Written Requests.-- (1) In general.--The Secretary of Health and Human Services shall establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the medicare program under title XVIII of the Social Security Act and then the carrier shall respond in writing within 30 business days respond with the correct billing or procedural answer. (2) Use of written statement.-- (A) In general.--Subject to subparagraph (B), a written statement under paragraph (1) may be used as proof against a future audit or overpayment under the medicare program. (B) Limit on application.--Subparagraph (A) shall not apply retroactively and shall not apply to cases of fraudulent billing. (b) Restoration of Toll-Free Hotline.-- (1) In general.--The Administrator of the Health Care Financing Administration shall restore the toll-free telephone hotline so that physicians may call for information and questions about the medicare program. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out paragraph (1). (c) Definitions.--For purposes of this section: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. SEC. 4. POLICY DEVELOPMENT REGARDING E&M GUIDELINES UNDER THE MEDICARE PROGRAM. (a) In General.--HCFA may not implement any new evaluation and management guidelines (in this section referred to as ``E&M guidelines'') under the medicare program, unless HCFA-- (1) has provided for an assessment of the proposed guidelines by physicians; (2) has established a plan that contains specific goals, including a schedule, for improving participation of physicians; (3) has carried out a minimum of 4 pilot projects consistent with subsection (b) in at least 4 different HCFA regions (to be specified by the Secretary) to test such guidelines; and (4) finds that the objectives described in subsection (c) will be met in the implementation of such guidelines. (b) Pilot Projects.-- (1) Length and consultation.--Each pilot project under this subsection shall-- (A) be of sufficient length to allow for preparatory physician and carrier education, analysis, and use and assessment of potential E&M guidelines; and (B) be conducted, throughout the planning and operational stages of the project, in consultation with national and State medical societies. (2) Peer review and rural pilot projects.--Of the pilot projects conducted under this subsection-- (A) at least one shall focus on a peer review method by physicians which evaluates medical record information for statistical outlier services relative to definitions and guidelines published in the CPT book, instead of an approach using the review of randomly selected medical records using non-clinical personnel; and (B) at least one shall be conducted for services furnished in a rural area. (3) Study of impact.--Each pilot project shall examine the effect of the E&M guidelines on-- (A) different types of physician practices, such as large and small groups; and (B) the costs of compliance, and patient and physician satisfaction. (4) Report on how met objectives.--HCFA shall submit a report to the Committees on Commerce and Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Practicing Physicians Advisory Council, six months after the conclusion of the pilot projects. Such report shall include the extent to which the pilot projects met the objectives specified in subsection (c). (c) Objectives for E&M Guidelines.--The objectives for E&M guidelines specified in this subsection are as follows (relative to the E&M guidelines and review policies in effect as of the date of the enactment of this Act): (1) Enhancing clinically relevant documentation needed to accurately code and assess coding levels accurately. (2) Reducing administrative burdens. (3) Decreasing the level of non-clinically pertinent and burdensome documentation time and content in the record. (4) Increased accuracy by carrier reviewers. (5) Education of both physicians and reviewers. (6) Appropriate use of E&M codes by physicians and their staffs. (7) The extent to which the tested E&M documentation guidelines substantially adhere to the CPT coding rules. (d) Definitions.--For purposes of this section and sections 5 and 6: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) HCFA.--The term ``HCFA'' means the Health Care Financing Administration. (5) Medicare program.--The term ``medicare program'' means the program under title XVIII of the Social Security Act. SEC. 5. OVERPAYMENTS UNDER THE MEDICARE PROGRAM. (a) Individualized Notice.--If a carrier proceeds with a post- payment audit of a physician under the medicare program, the carrier shall provide the physician with an individualized notice of billing problems, such as a personal visit or carrier-to-physician telephone conversation during normal working hours, within 3 months of initiating such audit. The notice should include suggestions to the physician on how the billing problem may be remedied. (b) Repayment of Overpayments Without Penalty.--The Secretary shall permit physicians to repay medicare overpayments within 3 months without penalty or interest and without threat of denial of other claims based upon extrapolation. If a physician should discover an overpayment before a carrier notifies the physician of the error, the physician may reimburse the medicare program without penalty and the Secretary may not audit or target the physician on the basis of such repayment, unless other evidence of fraudulent billing exists. (c) Treatment of First-Time Billing Errors.--If a physician's medicare billing error was a first-time error and the physician has not previously been the subject of a post-payment audit, the carrier may not assess a fine through extrapolation of such an error to other claims, unless the physician has submitted a fraudulent claim. (d) Timely Notice of Problem Claims Before Using Extrapolation.--A carrier may seek reimbursement or penalties against a physician based on extrapolation of a medicare claim only if the carrier has informed the physician of potential problems with the claim within one year after the date the claim was submitted for reimbursement. (e) Submission of Additional Information.--A physician may submit additional information and documentation to dispute a carrier's charges of overpayment without waiving the physician's right to a hearing by an administrative law judge. (f) Limitation on Delay in Payment.--Following a post-payment audit, a carrier that is conducting a pre-payment screen on a physician service under the medicare program may not delay reimbursements for more than one month and as soon as the physician submits a corrected claim, the carrier shall eliminate application of such a pre-payment screen. SEC. 6. ENFORCEMENT PROVISIONS UNDER THE MEDICARE PROGRAM. If a physician is suspected of fraud or wrongdoing in the medicare program, inspectors associated with the Office of Inspector General of the Department of Health and Human Services-- (1) may not enter the physician's private office with a gun or deadly weapon to make an arrest; and (2) may not make such an arrest without a valid warrant of arrest, unless the physician is fleeing or deemed dangerous.

Health Care Paperwork Reduction and Fraud Prevention Act of 2001 - Establishes the Commission on Billing Codes and Forms Simplification which shall make recommendations regarding: (1) standardized forms; and (2) reduction in billing codes; and (3) regulatory and appeals process reform.Directs the Secretary of Health and Human Services to establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the medicare program.Sets forth provisions concerning: (1) policy development regarding evaluation and management guidelines under Medicare; and (2) Medicare overpayments.

To reduce the amount of paperwork and improve payment policies for health care services, to prevent fraud and abuse through health care provider education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Product Safety Notification and Recall Effectiveness Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Consumer Product Safety Commission conducts approximately 300 recalls of hazardous, dangerous, and defective consumer products each year. (2) In developing comprehensive corrective action plans with recalling companies, the Consumer Product Safety Commission staff greatly relies upon the media and retailers to alert consumers to the dangers of unsafe consumer products, because the manufacturers do not generally possess contact information regarding the purchasing consumers. Based upon information received from companies maintaining customer registration lists, such contact information is known for generally less than 7 percent of the total consumer products produced and distributed. (3) The Consumer Product Safety Commission staff has found that most consumers do not return purchaser identification cards because of requests for marketing and personal information on the cards, and the likelihood of receiving unsolicited marketing materials. (4) The Consumer Product Safety Commission staff has conducted research demonstrating that direct consumer contact is one of the most effective ways of motivating consumer response to a consumer product recall. (5) Companies that maintain consumer product purchase data, such as product registration cards, warranty cards, and rebate cards, are able to effectively notify consumers of a consumer product recall. (6) The Consumer Product Safety Commission staff has found that a consumer product safety owner card, without marketing questions or requests for personal information, that accompanied products such as small household appliances and juvenile products would increase consumer participation and information necessary for direct notification in consumer product recalls. (7) The National Highway Traffic Safety Administration has, since March 1993, required similar simplified, marketing-free product registration cards on child safety seats used in motor vehicles. (b) Purpose.--The purpose of this Act is to reduce the number of deaths and injuries from defective and hazardous consumer products through improved recall effectiveness, by-- (1) requiring the Consumer Product Safety Commission to promulgate a rule to require manufacturers of juvenile products, small household appliances, and certain other consumer products, to include a simplified product safety owner card with those consumer products at the time of original purchase by consumers, or develop effective electronic registration of the first purchasers of such products, to develop a customer database for the purpose of notifying consumers about recalls of those products; and (2) encouraging manufacturers, private labelers, retailers, and others to use creativity and innovation to create and maintain effective methods of notifying consumers in the event of a consumer product recall. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Terms defined in consumer product safety act.--The definitions set forth in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052) shall apply to this Act. (2) Covered consumer product.--The term ``covered consumer product'' means-- (A) a juvenile product; (B) a small household appliance; and (C) such other consumer product as the Commission considers appropriate for achieving the purpose of this Act. (3) Juvenile product.--The term ``juvenile product''-- (A) means a consumer product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and (B) includes-- (i) full-size cribs and nonfull-size cribs; (ii) toddler beds; (iii) high chairs, booster chairs, and hook-on chairs; (iv) bath seats; (v) gates and other enclosures for confining a child; (vi) playpens; (vii) stationary activity centers; (viii) strollers; (ix) walkers; (x) swings; (xi) child carriers; and (xii) bassinets and cradles. (4) Product safety owner card.--The term ``product safety owner card'' means a standardized product identification card supplied with a consumer product by the manufacturer of the product, at the time of original purchase by the first purchaser of such product for purposes other than resale, that only requests that the consumer of such product provide to the manufacturer a minimal level of personal information needed to enable the manufacturer to contact the consumer in the event of a recall of the product. (5) Small household appliance.--The term ``small household appliance'' means a consumer product that is a toaster, toaster oven, blender, food processor, coffee maker, or other similar small appliance as provided for in the rule promulgated by the Consumer Product Safety Commission. SEC. 4. RULE REQUIRING SYSTEM TO PROVIDE NOTICE OF RECALLS OF CERTAIN CONSUMER PRODUCTS. (a) In General.--The Commission shall promulgate a rule under section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b)) that requires that the manufacturer of a covered consumer product shall establish and maintain a system for providing notification of recalls of such product to consumers of such product. (b) Requirement To Create Database.-- (1) In general.--The rule shall require that the system include use of product safety owner cards, Internet registration, or an alternative method, to create a database of information regarding consumers of covered consumer products, for the sole purpose of notifying such consumers of recalls of such products. (2) Use of technology.--Alternative methods specified in the rule may include use of on-line product registration and consumer notification, consumer information data bases, electronic tagging and bar codes, embedded computer chips in consumer products, or other electronic and design strategies to notify consumers about product recalls, that the Commission determines will increase the effectiveness of recalls of covered consumer products. (c) Use of Commission Staff Proposal.--In promulgating the rule, the Commission shall consider the staff draft for an Advanced Notice of Proposed Rulemaking entitled ``Purchaser Owner Card Program'', dated June 19, 2001. (d) Exclusion of Low-Price Items.--The Commission shall have the authority to exclude certain low-cost items from the rule for good cause. (e) Deadlines.-- (1) In general.--The Commission-- (A) shall issue a proposed rule under this section by not later than 90 days after the date of enactment of this Act; and (B) shall promulgate a final rule under this section by not later than 270 days after the date of enactment of this Act. (2) Extension.--The Commission may extend the deadline described in paragraph (1) if the Commission provides timely notice to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

Product Safety Notification and Recall Effectiveness Act of 2002 - Directs the Consumer Product Safety Commission to promulgate a rule requiring the manufacturer of specified juvenile products and small household appliances to establish and maintain a product recall notification system for consumers.Requires such system to create a database for the sole purpose of notifying such consumers of product recalls through the use of product safety owner cards (or an alternative method).

A bill to direct the Consumer Product Safety Commission to promulgate a rule that requires manufacturers of certain consumer products to establish and maintain a system for providing notification of recalls of such products to consumers who first purchase such a product.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Buyer Tax Credit Act of 2009''. SEC. 2. CREDIT FOR CERTAIN HOME PURCHASES. (a) Allowance of Credit.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who is a purchaser of a principal residence during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 10 percent of the purchase price of the residence. ``(2) Dollar limitation.--The amount of the credit allowed under paragraph (1) shall not exceed $15,000. ``(3) Allocation of credit amount.--At the election of the taxpayer, the amount of the credit allowed under paragraph (1) (after application of paragraph (2)) may be equally divided among the 2 taxable years beginning with the taxable year in which the purchase of the principal residence is made. ``(b) Limitations.-- ``(1) Date of purchase.--The credit allowed under subsection (a) shall be allowed only with respect to purchases made-- ``(A) after the date of the enactment of the Home Buyer Tax Credit Act of 2009, and ``(B) on or before the date that is 1 year after such date of enactment. ``(2) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, 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 subpart (other than this section) for the taxable year. ``(3) One-time only.-- ``(A) In general.--If a credit is allowed under this section in the case of any individual (and such individual's spouse, if married) with respect to the purchase of any principal residence, no credit shall be allowed under this section in any taxable year with respect to the purchase of any other principal residence by such individual or a spouse of such individual. ``(B) Joint purchase.--In the case of a purchase of a principal residence by 2 or more unmarried individuals or by 2 married individuals filing separately, no credit shall be allowed under this section if a credit under this section has been allowed to any of such individuals in any taxable year with respect to the purchase of any other principal residence. ``(c) Principal Residence.--For purposes of this section, the term `principal residence' has the same meaning as when used in section 121. ``(d) Denial of Double Benefit.--No credit shall be allowed under this section for any purchase for which a credit is allowed under section 36 or section 1400C. ``(e) Special Rules.-- ``(1) Joint purchase.-- ``(A) Married individuals filing separately.--In the case of 2 married individuals filing separately, subsection (a) shall be applied to each such individual by substituting `$7,500' for `$15,000' in subsection (a)(1). ``(B) Unmarried individuals.--If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $15,000. ``(2) Purchase.--In defining the purchase of a principal residence, rules similar to the rules of paragraphs (2) and (3) of section 1400C(e) (as in effect on the date of the enactment of this section) shall apply. ``(3) Reporting requirement.--Rules similar to the rules of section 1400C(f) (as so in effect) shall apply. ``(f) Recapture of Credit in the Case of Certain Dispositions.-- ``(1) In general.--In the event that a taxpayer-- ``(A) disposes of the principal residence with respect to which a credit was allowed under subsection (a), or ``(B) fails to occupy such residence as the taxpayer's principal residence, at any time within 24 months after the date on which the taxpayer purchased such residence, then the tax imposed by this chapter for the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence shall be increased by the amount of such credit. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence within the 2-year period beginning on the date of the disposition or cessation referred to in such paragraph. Paragraph (1) shall apply to such new principal residence during the remainder of the 24-month period described in such paragraph as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Relocation of members of the armed forces.-- Paragraph (1) shall not apply in the case of a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station. ``(3) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(4) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(h) Election To Treat Purchase in Prior Year.--In the case of a purchase of a principal residence after December 31, 2009, and on or before the date described in subsection (b)(1)(B), a taxpayer may elect to treat such purchase as made on December 31, 2009, for purposes of this section.''. (b) Conforming Amendments.-- (1) Section 24(b)(3)(B) of the Internal Revenue Code of 1986 is amended by striking ``and 25B'' and inserting ``, 25B, and 25E''. (2) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``25E,'' after ``25D,''. (3) Section 25B(g)(2) of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25E''. (4) Section 904(i) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25E''. (5) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 25E(g).''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Credit for certain home purchases.''. (d) Sunset of Current First-Time Homebuyer Credit.-- (1) In general.--Subsection (h) of section 36 of the Internal Revenue Code of 1986 is amended by striking ``before December 1, 2009'' and inserting ``on or before the date of the enactment of the Home Buyer Tax Credit Act of 2009''. (2) Election to treat purchase in prior year.--Subsection (g) of section 36 of the Internal Revenue Code of 1986 is amended by striking ``before December 1, 2009'' and inserting ``on or before the date of the enactment of the Home Buyer Tax Credit Act of 2009''. (e) Effective Date.--The amendments made by this section shall apply to purchases after the date of the enactment of this Act. SEC. 3. RESCISSION OF ARRA APPROPRIATIONS. (a) In General.--Effective on the date of the enactment of this Act, of the discretionary appropriations made available by division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5), the applicable percentage of unobligated balances are rescinded. (b) Applicable Percentage.--For purposes of this section, the term ``applicable percentage'' means the percentage that the Secretary of the Treasury estimates will result in an increase in revenue to the Treasury equal to the decrease in revenue by reason of the amendments made by section 2 of this Act.

Home Buyer Tax Credit Act of 2009 - Amends the Internal Revenue Code to replace the current tax credit for first-time homebuyers with a one-time credit for 10% of the purchase price of a principal residence, up to $15,000. Requires the repayment of such credit if the taxpayer sells or fails to occupy the residence within 24 months after the date of purchase. Rescinds certain discretionary appropriations made available by division A of the American Recovery and Reinvestment Act of 2009 to cover the cost of this Act.

To amend the Internal Revenue Code of 1986 to provide a Federal income tax credit for certain home purchases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``John R. Justice Prosecutors and Defenders Incentive Act of 2007''. SEC. 2. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS ``SEC. 3111. GRANT AUTHORIZATION. ``(a) Purpose.--The purpose of this section is to encourage qualified individuals to enter and continue employment as prosecutors and public defenders. ``(b) Definitions.--In this section: ``(1) Prosecutor.--The term `prosecutor' means a full-time employee of a State or local agency who-- ``(A) is continually licensed to practice law; and ``(B) prosecutes criminal cases at the State or local level. ``(2) Public defender.--The term `public defender' means an attorney who-- ``(A) is continually licensed to practice law; and ``(B) is-- ``(i) a full-time employee of a State or local agency or a nonprofit organization operating under a contract with a State or unit of local government, that provides legal representation to indigent persons in criminal cases; or ``(ii) employed as a full-time Federal defender attorney in a defender organization established pursuant to subsection (g) of section 3006A of title 18, United States Code, that provides legal representation to indigent persons in criminal cases. ``(3) Student loan.--The term `student loan' means-- ``(A) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.), excluding a loan under section 428C of such Act, except as provided under subparagraph (C); ``(B) a loan made under part D or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq. and 1087aa et seq.), excluding a loan under section 455(g) of such Act, except as provided under subparagraph (C); and ``(C) a loan made under section 428C or 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1078-3 and 1087e(g)) to the extent that such loan was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H of such Act. ``(c) Program Authorized.--The Attorney General shall establish a program by which the Department of Justice shall assume the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who-- ``(1) is employed as a prosecutor or public defender; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Terms of Agreement.-- ``(1) In general.--To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement that specifies that-- ``(A) the borrower will remain employed as a prosecutor or public defender for a required period of service of not less than 3 years, unless involuntarily separated from that employment; ``(B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Attorney General the amount of any benefits received by such employee under this section; ``(C) if the borrower is required to repay an amount to the Attorney General under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the borrower (or such borrower's estate, if applicable) by such methods as are provided by law for the recovery of amounts owed to the Federal Government; ``(D) the Attorney General may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest; and ``(E) the Attorney General shall make student loan payments under this section for the period of the agreement, subject to the availability of appropriations. ``(2) Repayments.-- ``(A) In general.--Any amount repaid by, or recovered from, a borrower or the estate of a borrower under this subsection shall be credited to the appropriation account from which the amount involved was originally paid. ``(B) Merger.--Any amount credited under subparagraph (A) shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations, if any, as the sums with which the amount was merged. ``(3) Limitations.-- ``(A) Student loan payment amount.--Student loan repayments made by the Attorney General under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Attorney General in an agreement under paragraph (1), except that the amount paid by the Attorney General under this section shall not exceed-- ``(i) $10,000 for any borrower in any calendar year; or ``(ii) an aggregate total of $60,000 in the case of any borrower. ``(B) Beginning of payments.--Nothing in this section shall authorize the Attorney General to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Attorney General entered into an agreement with the borrower under this subsection. ``(e) Additional Agreements.-- ``(1) In general.--On completion of the required period of service under an agreement under subsection (d), the borrower and the Attorney General may, subject to paragraph (2), enter into an additional agreement in accordance with subsection (d). ``(2) Term.--An agreement entered into under paragraph (1) may require the borrower to remain employed as a prosecutor or public defender for less than 3 years. ``(f) Award Basis; Priority.-- ``(1) Award basis.--Subject to paragraph (2), the Attorney General shall provide repayment benefits under this section on a first-come, first-served basis, and subject to the availability of appropriations. ``(2) Priority.--The Attorney General shall give priority in providing repayment benefits under this section in any fiscal year to a borrower who-- ``(A) received repayment benefits under this section during the preceding fiscal year; and ``(B) has completed less than 3 years of the first required period of service specified for the borrower in an agreement entered into under subsection (d). ``(g) Regulations.--The Attorney General is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2008 and such sums as may be necessary for each succeeding fiscal year.''.

John R. Justice Prosecutors and Defenders Incentive Act of 2007- Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to assume the obligation to repay student loans for borrowers who agree to remain employed, for at least three years, as: (1) state or local criminal prosecutors; or (2) state, local, or federal public defenders in criminal cases. Allows a borrower and the Attorney General to enter into an additional loan repayment agreement, after the required three-year period, for a successive period of service which may be less than three years. Limits the amount paid under such program on behalf of any borrower to $10,000 per calendar year and $60,000 total.

To provide for loan repayment for prosecutors and public defenders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beaches Environmental Assessment, Closure, and Health Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the Nation's beaches are a valuable public resource used for recreation by millions of people annually; (2) the beaches of coastal States are hosts to many out-of- State and international visitors; (3) tourism in the coastal zone generates billions of dollars annually; (4) increased population has contributed to the decline in the environmental quality of coastal waters; (5) pollution in coastal waters is not restricted by State and other political boundaries; (6) each coastal State has its own method of testing the quality of its coastal recreation waters, providing varying degrees of protection to the public; and (7) the adoption of standards by coastal States for monitoring the quality of coastal recreation waters, and the posting of signs at beaches notifying the public during periods when the standards are exceeded, would enhance public health and safety. (b) Purpose.--The purpose of this Act is to require uniform procedures for beach testing and monitoring to protect public safety and improve the environmental quality of coastal recreation waters. SEC. 3. WATER QUALITY CRITERIA AND STANDARDS. (a) Issuance of Criteria.--Section 304(a) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)) is amended by adding at the end the following: ``(9) Coastal recreation waters.--(A) The Administrator, after consultation with appropriate Federal and State agencies and other interested persons, shall issue within 18 months after the effective date of this paragraph (and review and revise from time to time thereafter) water quality criteria for pathogens in coastal recreation waters. Such criteria shall-- ``(i) be based on the best available scientific information; ``(ii) be sufficient to protect public health and safety in case of any reasonably anticipated exposure to pollutants as a result of swimming, bathing, or other body contact activities; and ``(iii) include specific numeric criteria calculated to reflect public health risks from short- term increases in pathogens in coastal recreation waters resulting from rainfall, malfunctions of wastewater treatment works, and other causes. ``(B) For purposes of this paragraph, the term `coastal recreation waters' means Great Lakes and marine coastal waters commonly used by the public for swimming, bathing, or other similar primary contact purposes.''. (b) Standards.-- (1) Adoption by states.--A State shall adopt water quality standards for coastal recreation waters which, at a minimum, are consistent with the criteria published by the Administrator under section 304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)), as amended by this Act, not later than 3 years following the date of such publication. Such water quality standards shall be developed in accordance with the requirements of section 303(c) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)). A State shall incorporate such standards into all appropriate programs into which such State would incorporate water quality standards adopted under section 303(c) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)). (2) Failure of states to adopt.--If a State has not complied with paragraph (1) by the last day of the 3-year period beginning on the date of publication of criteria under section 304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)), as amended by this Act, the Administrator shall promulgate water quality standards for coastal recreation waters for the State under applicable provisions of section 303 of the Federal Water Pollution Control Act (33 U.S.C. 1313). The water quality standards for coastal recreation waters shall be consistent with the criteria published by the Administrator under section 304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)), as amended by this Act. The State shall use the standards issued by the Administrator in implementing all programs for which water quality standards for coastal recreation waters are used. SEC. 4. COASTAL BEACH WATER QUALITY MONITORING. Title IV of the Federal Water Pollution Control Act (33 U.S.C. 1341-1345) is amended by adding at the end thereof the following new section: ``SEC. 406. COASTAL BEACH WATER QUALITY MONITORING. ``(a) Monitoring.--Not later than 9 months after the date on which the Administrator publishes revised water quality criteria for coastal recreation waters under section 304(a)(9), the Administrator shall publish regulations specifying methods to be used by States to monitor coastal recreation waters, during periods of use by the public, for compliance with applicable water quality standards for those waters and protection of the public safety. Monitoring requirements established pursuant to this subsection shall, at a minimum-- ``(1) specify the frequency of monitoring based on the periods of recreational use of such waters; ``(2) specify the frequency of monitoring based on the extent and degree of use during such periods; ``(3) specify the frequency of monitoring based on the proximity of coastal recreation waters to pollution sources; ``(4) specify methods for detecting short-term increases in pathogens in coastal recreation waters; and ``(5) specify the conditions and procedures under which discrete areas of coastal recreation waters may be exempted by the Administrator from the monitoring requirements of this subsection, if the Administrator determines that an exemption will not impair-- ``(A) compliance with the applicable water quality standards for those waters; and ``(B) protection of the public safety. ``(b) Notification Requirements.--Regulations published pursuant to subsection (a) shall require States to notify local governments and the public of violations of applicable water quality standards for State coastal recreation waters. Notification pursuant to this subsection shall include, at a minimum-- ``(1) prompt communication of the occurrence, nature, and extent of such a violation, to a designated official of a local government having jurisdiction over land adjoining the coastal recreation waters for which a violation is identified; and ``(2) posting of signs, for the period during which the violation continues, sufficient to give notice to the public of a violation of an applicable water quality standard for such waters and the potential risks associated with body contact recreation in such waters. ``(c) Floatable Materials Monitoring Procedures.--The Administrator shall-- ``(1) issue guidance on uniform assessment and monitoring procedures for floatable materials in coastal recreation waters; and ``(2) specify the conditions under which the presence of floatable material shall constitute a threat to public health and safety. ``(d) Delegation of Responsibility.--A State may delegate responsibility for monitoring and posting of coastal recreation waters pursuant to this section to local government authorities. ``(e) Review and Revision of Regulations.--The Administrator shall review and revise regulations published pursuant to this section periodically. ``(f) Definitions.--For the purposes of this section-- ``(1) the term `coastal recreation waters' means Great Lakes and marine coastal waters commonly used by the public for swimming, bathing, or other similar body contact purposes; and ``(2) the term `floatable materials' means any matter that may float or remain suspended in the water column and includes plastic, aluminum cans, wood, bottles, and paper products.''. SEC. 5. STUDY TO IDENTIFY INDICATORS OF HUMAN-SPECIFIC PATHOGENS IN COASTAL RECREATION WATERS. (a) Study.--The Administrator, in cooperation with the Under Secretary of Commerce for Oceans and Atmosphere, shall conduct an ongoing study to provide additional information to the current base of knowledge for use for developing better indicators for directly detecting in coastal recreation waters the presence of bacteria and viruses which are harmful to human health. (b) Report.--Not later than 4 years after the date of the enactment of this Act, and periodically thereafter, the Administrator shall submit to the Congress a report describing the findings of the study under this section, including-- (1) recommendations concerning the need for additional numerical limits or conditions and other actions needed to improve the quality of coastal recreation waters; (2) a description of the amounts and types of floatable materials in coastal waters and on coastal beaches and of recent trends in the amounts and types of such floatable materials; and (3) an evaluation of State efforts to implement this Act, including the amendments made by this Act. SEC. 6. PARTICIPATION OF STATE COASTAL ZONE MANAGEMENT PROGRAMS. (a) Technical Assistance.--Each coastal zone management agency of a State with an approved coastal zone management program under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455) shall provide technical assistance to local governments within the State for ensuring that coastal recreation waters and beaches are as free as possible from floatable materials. (b) Clean-up of Coastal Recreation Waters and Beaches.--Section 306A of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455a) is amended-- (1) by adding at the end of subsection (b) the following: ``(4) Reduction of floatable materials in the State's coastal recreation waters by-- ``(A) managing adjacent land uses so that floatable materials are not introduced into those waters; ``(B) encouraging public participation in reducing the amount of floatable materials that enter coastal recreation waters; and ``(C) sponsoring clean-up events at public beaches.''; (2) in subsection (c)(2)-- (A) by striking ``and'' at the end of subparagraph (D); (B) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (C) by inserting after subparagraph (E) the following: ``(F) the acquisition of beach and coastal recreation water clean-up equipment.''; and (3) by adding at the end the following: ``(g) Definitions.--For the purposes of this section-- ``(1) the term `coastal recreation waters' means Great Lakes and marine coastal waters commonly used by the public for swimming, bathing, or other similar body contact purposes; and ``(2) the term `floatable materials' means any matter that may float or remain suspended in the water column and includes plastic, aluminum cans, wood, bottles, and paper products.''. SEC. 7. GRANTS TO STATES. (a) Grants.--The Administrator may make grants to States for use in fulfilling requirements established pursuant to section 3 and 4. (b) Cost Sharing.--The total amount of grants to a State under this section for a fiscal year shall not exceed 50 percent of the cost to the State of implementing requirements established pursuant to section 3 and 4. SEC. 8. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the Environmental Protection Agency; (2) the term ``coastal recreation waters'' means Great Lakes and marine coastal waters commonly used by the public for swimming, bathing, or other similar body contact purposes; and (3) the term ``floatable materials'' means any matter that may float or remain suspended in the water column and includes plastic, aluminum cans, wood, bottles, and paper products. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Administrator-- (1) for use in making grants to States under section 7 not more than $3,000,000 for each of the fiscal years 1994 and 1995; and (2) for carrying out the other provisions of this Act not more than $1,000,000 for each of the fiscal years 1994 and 1995.

Beaches Environmental Assessment, Closure, and Health Act of 1993 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to issue water quality criteria for pathogens in coastal recreation waters. Requires States to adopt consistent water quality standards. Requires the Administrator to publish regulations specifying methods to be used by States to monitor coastal recreation waters, during periods of use by the public, for compliance with standards. Requires notification of local governments and the public of water quality standards violations. Requires the Administrator to: (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in coastal recreation waters; and (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety. Requires an ongoing study and report to the Congress on developing better indicators for detecting harmful bacteria and viruses in coastal recreation waters. Requires State coastal zone management agencies to provide technical assistance to local governments to ensure that coastal recreation waters and beaches are as free as possible from floatable materials. Amends the Coastal Zone Management Act of 1972 to authorize grants to eligible coastal States for the reduction of floatable materials in coastal recreation waters. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Authorizes appropriations.

Beaches Environmental Assessment, Closure, and Health Act of 1993

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Social Security and Medicare Lock-Box Act''. (b) Findings Regarding Social Security and Medicare Part A.--The Congress finds the following: (1)(A) Long term projections show serious problems facing the fiscal health of the trust funds associated with Social Security and Medicare Hospital Insurance. (B) According to the 2012 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, the assets of the combined Federal Old Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund will be exhausted by 2033, and the Disability Insurance Trust Fund alone will be depleted by 2016. (C) According to the 2012 Annual Report of the Board of Trustees of the Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds, the assets of the Federal Hospital Insurance Trust Fund will be exhausted by 2024. (2)(A) The Trustees of these trust funds strongly encourage action to protect the solvency of the trust funds. (B) In their message to the public, included in the 2012 Annual Reports, the Social Security and Medicare Boards of Trustees wrote, ``Lawmakers should not delay addressing the long-run financial challenges facing Social Security and Medicare. If they take action sooner rather than later, more options and more time will be available to phase in changes so that the public has adequate time to prepare.''. (3) Social Security and Medicare are meant to provide a secure and stable base so that older Americans can live in dignity. (4) Protecting the future surpluses of these trust funds can only occur when meaningful reform has been enacted by Congress. Any path to solvency must include the protection of future surpluses. SEC. 2. INTERIM PROTECTIONS FOR SOCIAL SECURITY TRUST FUND SURPLUS. Section 201(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (1) by striking ``It shall be the duty'' and inserting ``(1) Except as provided in paragraph (2), it shall be the duty''; and (2) by striking ``(1) on original issue at the issue price, or (2)'' and inserting ``(A) on original issue at the issue price, or (B)''; and (3) by adding at the end the following new paragraph: ``(2)(A) There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after each fiscal year after fiscal year 2013, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. ``(B) For purposes of subparagraph (A), the term `social security surplus' means, for any fiscal year, the excess, if any, of-- ``(i) the sum of-- ``(I) the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year, ``(II) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year, and ``(III) the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund, over ``(ii) the sum of-- ``(I) benefits paid from the Trust Fund during the fiscal year, and ``(II) amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year. ``(C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. ``(D)(i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2013, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. ``(ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act.'.''. SEC. 3. INTERIM PROTECTIONS FOR MEDICARE PART A TRUST FUND SURPLUS. (a) In General.--Section 1817(c) of the Social Security Act (42 U.S.C. 1395i(c)) is amended-- (1) by striking ``It shall be the duty'' and inserting ``(1) Except as provided in paragraph (2), it shall be the duty''; (2) by striking ``(1) on original issue at the issue price, or (2)'' and inserting ``(A) on original issue at the issue price, or (B)''; and (3) by adding at the end the following new paragraph: ``(2)(A) There is established in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account (in this paragraph referred to as the `Account'). As soon as practicable after each fiscal year after fiscal year 2013, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the Medicare part A surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. ``(B) For purposes of subparagraph (A), the term `Medicare part A surplus' means, for any fiscal year, the excess, if any, of-- ``(i) the sum of-- ``(I) the taxes imposed for such fiscal year by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages; and ``(II) the taxes imposed by section 1401(b) of the Internal Revenue Code of 1986 with respect to self- employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section 1401(b) to such self-employment income; over ``(ii) the sum of-- ``(I) benefits paid from the Trust Fund during the fiscal year; and ``(II) amounts authorized to be made available from the Trust Fund under subsection (f) of this section (or section 201(g)) which are paid from the Trust Fund during such fiscal year. ``(C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. ``(D)(i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2013, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. ``(ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 1817(c)(2)(D)(i) of the Social Security Act.'.''. SEC. 4. SOCIAL SECURITY AND MEDICARE PART A INVESTMENT COMMISSION. (a) Establishment.--There is established in the executive branch of the Government a Social Security and Medicare Part A Investment Commission (in this section referred to as the ``Commission''). (b) Study and Report.--As soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund, other than investment in the form of obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. Not later than October 1, 2014, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations. (c) Composition.--The Commission shall be composed of-- (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; (2) 2 members appointed by the Speaker of the House of Representatives; (3) 1 member appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the majority leader of the Senate; and (5) 1 member appointed by the minority leader of the Senate. (d) Membership Requirements.--Members of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of Appointments.--Members of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (f) Administrative Provisions.-- (1) Meetings.--The Commission shall meet-- (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) Exercise of powers.-- (A) In general.--The Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. (B) Vacancies.--A vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission. (g) Compensation.-- (1) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. (2) Expenses.--A member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Commission. (h) Termination.--The Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).

Social Security and Medicare Lock-Box Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account to hold the Social Security surplus for the fiscal year of the sum of Social Security taxes collected, as well as the aggregate increase in certain tax liabilities, over the sum of benefits paid. Establishes in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account to hold amounts equivalent to the Medicare part A surplus for the fiscal year of the sum of hospital insurance taxes collected over the sum of Medicare part A benefits paid. Denies the availability of the balance in either Account for investment by the Managing Trustee. Establishes in the executive branch a Social Security and Medicare Part A Investment Commission to study the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund (other than investment in the form of U.S. obligations resulting in the transfer of Trust Fund assets to the general fund of the Treasury).

Social Security and Medicare Lock-Box Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Housing Tax Credit Act of 2005''. SEC. 2. CREDIT FOR PURCHASE OF PRINCIPAL RESIDENCES BY FIRST-TIME RURAL HOMEBUYERS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following: ``SEC. 25C. PURCHASE OF PRINCIPAL RESIDENCES BY FIRST-TIME RURAL HOMEBUYERS. ``(a) Allowance of Credit.--In the case of an individual who is a first-time homebuyer of a principal residence in a rural area during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the lesser of-- ``(1) 10 percent of the purchase price of the residence, or ``(2) $5,000. ``(b) Limitations.-- ``(1) Limitation based on adjusted gross income.-- ``(A) In general.--The amount allowed as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to such amount as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $30,000 ($60,000 in the case of a joint return), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Limitation based on amount of tax.--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 subpart (other than this section) and section 27 for the taxable year. ``(3) Married individuals filing jointly.--In the case of a husband and wife who file a joint return, the credit under this section is allowable only if the residence is a qualified residence with respect to both the husband and wife, and the amount specified under subsection (a)(2) shall apply to the joint return. ``(4) Married individuals filing separately.--In the case of a married individual filing a separate return, subsection (a)(2) shall be applied by substituting `$2,500' for `$5,000'. ``(5) Other taxpayers.--If 2 or more individuals who are not married purchase a qualified residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $5,000. ``(c) Definitions.--For purposes of this section-- ``(1) Rural area.--The term `rural area' has the meaning given such term by section 520 of the Housing Act of 1949. ``(2) First-time homebuyer.--The term `first-time homebuyer' has the meaning given such term by section 72(t)(8)(D)(i). ``(3) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(4) Purchase and purchase price.--The terms `purchase' and `purchase price' have the meanings provided by section 1400C(e). ``(d) Carryforward of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by subsection (b)(2) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Reporting.--If the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e)(5) shall not apply. ``(f) Recapture of Credit in Case of Certain Sales.-- ``(1) In general.--Except as provided in paragraph (5), if the taxpayer-- ``(A) fails to use a qualified residence as the principal residence of the taxpayer, or ``(B) disposes of a qualified residence, with respect to the purchase of which a credit was allowed under subsection (a) at any time within 5 years after the date the taxpayer acquired the property, then the tax imposed under this chapter for the taxable year in which the disposition occurs is increased by the credit recapture amount. ``(2) Credit recapture amount.--For purposes of paragraph (1), the credit recapture amount is an amount equal to the sum of-- ``(A) the applicable recapture percentage of the amount of the credit allowed to the taxpayer under this section, plus ``(B) interest at the overpayment rate established under section 6621 on the amount determined under subparagraph (A) for each prior taxable year for the period beginning on the due date for filing the return for the prior taxable year involved. No deduction shall be allowed under this chapter for interest described in subparagraph (B). ``(3) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: The applicable recapture ``If the sale occurs in: percentage is: Year 1............................... 100 Year 2............................... 80 Year 3............................... 60 Year 4............................... 40 Year 5............................... 20 Years 6 and thereafter............... 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the first day of the taxable year in which the purchase of the qualified residence described in subsection (a) occurs. ``(4) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(5) Death of owner; casualty loss; involuntary conversion; etc.--The provisions of paragraph (1) do not apply to-- ``(A) a disposition of a qualified residence made on account of the death of any individual having a legal or equitable interest therein occurring during the 5-year period to which reference is made under paragraph (1), ``(B) a disposition of the old qualified residence if it is substantially or completely destroyed by a casualty described in section 165(c)(3) or compulsorily or involuntarily converted (within the meaning of section 1033(a)), or ``(C) a disposition pursuant to a settlement in a divorce or legal separation proceeding where the qualified residence is sold or the other spouse retains such residence. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendments.-- (1) 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 (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) in the case of a residence with respect to which a credit was allowed under section 25C, to the extent provided in section 25C(g).''. (2) Section 23(b)(4)(B) of such Code is amended by inserting ``and section 25C'' after ``this section''. (3) Section 24(b)(3)(B) of such Code is amended by striking ``23 and 25B'' and inserting ``23, 25B, and 25C''. (4) Section 25(e)(1)(C) of such Code is amended by inserting ``25C'' after ``25B''. (5) Section 25B of such Code is amended by striking ``section 23'' and inserting ``sections 23 and 25C''. (6) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25C''. (7) Section 904(i) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25C''. (8) Section 1400C(d) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25C''. (9) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting before the item relating to section 26 the following: ``Sec. 25C. Purchase of principal residences by first-time rural homebuyers.''. (c) Effective Dates.-- (1) In general.--The amendments made by subsections (a) and (b)(9) shall apply to purchases after the date of the enactment of this Act, in taxable years ending after such date. (2) Subsection (b).-- (A) The amendments made by subsection (b) (other than paragraph (9) thereof) shall apply to taxable years beginning after December 31, 2005. (B) In the case of taxable years beginning before January 1, 2006, for purposes of applying the provisions of subpart A of part IV of subchapter A of chapter 1 of such Code relating to limitations based on amount of tax and carryovers of credit and of section 904(i)-- (i) section 25C(b)(2) of such Code, as added by subsection (a), shall not apply, and (ii) section 25C of such Code (as so added) shall be stacked after section 23 of such Code.

Rural Housing Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a nonrefundable tax credit (the lesser of ten percent of the purchase price or $5,000) for the purchase of a principal residence in a rural area by a first-time homebuyer. Limits the amount of such credit based on taxpayer modified adjusted gross income. Requires the recapture of credit amounts if a taxpayer fails to use a residence for which a tax credit is allowed as a principal residence or sells such residence within five years of purchase.

To amend the Internal Revenue Code of 1986 to allow a first time homebuyer credit for the purchase of principal residences located in rural areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pulmonary Hypertension Research Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) In order to take full advantage of the tremendous potential for finding a cure or effective treatment, the Federal investment in pulmonary hypertension must be expanded, and coordination among the national research institutes of the National Institutes of Health must be strengthened. (2) Primary, or unexplained, pulmonary hypertension (``PPH'') is a rare lung disorder which occurs for no apparent reason. It has been historically chronic and incurable with a poor survival rate. (3) In the United States it has been estimated that 300 new cases of PPH are diagnosed each year, or about two persons per million population per year; the greatest number are reported in women between the ages of 21 and 40. While at one time the disease was thought to occur among young women almost exclusively; we now know, however, that men and women in all age ranges, from very young children to elderly people, can develop PPH. It also affects people of all racial and ethnic origins equally. (4) The low prevalence of PPH makes learning more about the disease extremely difficult. Studies of PPH also have been difficult because a good animal model of the disease has not been available. (5) In about 6 to 10 percent of cases, PPH is familial. (6) In the more advanced stages of PPH, the patient is able to perform only minimal activity and has symptoms even when resting. The disease may worsen to the point where the patient is completely bedridden. (7) PPH remains a diagnosis of exclusion and is rarely picked up in a routine medical examination. Even in its later stages, the signs of the disease can be confused with other conditions affecting the heart and lungs. (8) In 1981, the National Heart, Lung, and Blood Institute established the first PPH-patient registry in the world. The registry followed 194 people with PPH over a period of at least 1 year and, in some cases, for as long as 7.5 years. Much of what we know about the illness today stems from this study. (9) Because we still do not understand the cause or have a cure for PPH, basic research studies are focusing on the possible involvement of immunologic and genetic factors in the cause and progression of PPH, looking at agents that cause narrowing of the pulmonary blood vessels, and identifying factors that cause growth of smooth muscle and formation of scar tissue in the vessel walls. (10) During the period January 1996 through December 1997 almost 6,000,000 Americans took anorexic drugs, which can cause PPH in some people. Thousands now have PPH and are in terminal stages or have already succumbed to the disease. It is anticipated that many more cases of PPH from diet drugs will be diagnosed within the coming years. (11) Secondary pulmonary hypertension (``SPH'') means the cause is known. Common causes of SPH are the breathing disorders emphysema and bronchitis. Other less frequent causes are the inflammatory or collagen vascular diseases such as scleroderma, CREST syndrome or systemic lupus erythematosus (``SLE''). Other causes include congenital heart diseases that cause shunting of extra blood through the lungs like ventricular and atrial septal defects, chronic pulmonary thromboembolism, HIV infection, liver disease and certain diet drugs. SEC. 3. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE WITH RESPECT TO RESEARCH ON PULMONARY HYPERTENSION. Subpart 2 of part C of title IV of the Public Health Service Act (42 U.S.C. 285b et seq.) is amended by inserting after section 424B the following section: ``pulmonary hypertension ``Sec. 424C. (a) In General.-- ``(1) Expansion of activities.--The Director of the Institute shall expand, intensify, and coordinate the activities of the Institute with respect to research on pulmonary hypertension. ``(2) Coordination with other institutes.--The Director of the Institute shall coordinate the activities of the Director under paragraph (1) with similar activities conducted by other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to pulmonary hypertension. ``(b) Centers of Excellence.-- ``(1) In general.--In carrying out subsection (a), the Director of the Institute shall make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to conduct research on pulmonary hypertension. ``(2) Research, training, and information and education.-- ``(A) In general.--With respect to pulmonary hypertension, each center assisted under paragraph (1) shall-- ``(i) conduct basic and clinical research into the cause, diagnosis, early detection, prevention, control, and treatment of such disease; ``(ii) conduct training programs for scientists and health professionals; ``(iii) conduct programs to provide information and continuing education to health professionals; and ``(iv) conduct programs for the dissemination of information to the public. ``(B) Stipends for training of health professionals.--A center under paragraph (1) may use funds under such paragraph to provide stipends for scientists and health professionals enrolled in programs described in subparagraph (A)(ii). ``(3) Coordination of centers; reports.--The Director shall, as appropriate, provide for the coordination of information among centers under paragraph (1) and ensure regular communication between such centers, and may require the periodic preparation of reports on the activities of the centers and the submission of the reports to the Director. ``(4) Organization of centers.--Each center under paragraph (1) shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director. ``(5) Number of centers; duration of support.--The Director shall, subject to the extent of amounts made available in appropriations Acts, provide for the establishment of not less than three centers under paragraph (1). Support of such a center may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(c) Data System; Clearinghouse.-- ``(1) Data system.--The Director of the Institute shall establish a data system for the collection, storage, analysis, retrieval, and dissemination of data derived from patient populations with pulmonary hypertension, including where possible, data involving general populations for the purpose of identifying individuals at risk of developing such condition. ``(2) Clearinghouse.--The Director of the Institute shall establish an information clearinghouse to facilitate and enhance, through the effective dissemination of information, knowledge and understanding of pulmonary hypertension by health professionals, patients, industry, and the public. ``(d) Public Input.--In carrying out subsection (a), the Director of the Institute shall provide for means through which the public can obtain information on the existing and planned programs and activities of the National Institutes of Health with respect to primary hypertension and through which the Director can receive comments from the public regarding such programs and activities. ``(e) Reports.--The Director of the Institute shall prepare biennial reports on the activities conducted and supported under this section, and shall include such reports in the biennial reports prepared by the Director under section 407. ``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary up to $25,000,000 for each of the fiscal years 2004 through 2008. Such authorizations of appropriations are in addition to any other authorization of appropriations that is available for such purpose.''.

Pulmonary Hypertension Research Act of 2003 - Amends the Public Health Service Act to require the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate the activities of the Institute with respect to research on pulmonary hypertension and to coordinate the Director's activities with related activities of other national research institutes and National Institutes of Health agencies. Requires the Director to make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to conduct research and programs on pulmonary hypertension, including: (1) basic and clinical research into the cause, diagnosis, early detection, prevention, control, and treatment of the disease; (2) training programs for scientists and health professionals; (3) programs to provide information and continuing education to health professionals; and (4) programs for the dissemination of information to the public. Requires the Director to establish: (1) a data system for the collection, storage, analysis, retrieval, and dissemination of data derived from patient populations with pulmonary hypertension; and (2) an information clearinghouse to facilitate and enhance knowledge and understanding of pulmonary hypertension by health professionals, patients, industry, and the public.

To amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the activities of the National Heart, Lung, and Blood Institute with respect to research on pulmonary hypertension.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Next Generation Hispanic-Serving Institutions Act''. SEC. 2. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS. (a) Establishment of Program.--Title V of the Higher Education Act of 1965 (20 U.S.C. 1101 et seq.) is amended-- (1) by redesignating part B as part C; (2) by redesignating sections 511 through 518 as sections 521 through 528, respectively; and (3) by inserting after section 505 (20 U.S.C. 1101d) the following new part: ``PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS ``SEC. 511. FINDINGS AND PURPOSES. ``(a) Findings.--Congress finds the following: ``(1) According to the United States Census, by the year 2050 one in four Americans will be of Hispanic origin. ``(2) Despite the dramatic increase in the Hispanic population in the United States, the National Center for Education Statistics reported that in 1999, Hispanics accounted for only 4 percent of the master's degrees, 3 percent of the doctor's degrees, and 5 percent of first-professional degrees awarded in the United States. ``(3) Although Hispanics constitute 10 percent of the college enrollment in the United States, they comprise only 3 percent of instructional faculty in colleges and universities. ``(4) The future capacity for research and advanced study in the United States will require increasing the number of Hispanics pursuing postbaccalaureate studies. ``(5) Hispanic-serving institutions are leading the Nation in increasing the number of Hispanics attaining graduate and professional degrees. ``(6) Among Hispanics who received master's degrees in 1999-2000, 25 percent earned them at Hispanic-serving institutions. ``(7) Between 1991 and 2000, the number of Hispanic students earning master's degrees at Hispanic-serving institutions grew 136 percent, the number receiving doctor's degrees grew by 85 percent, and the number earning first- professional degrees grew by 47 percent. ``(8) It is in the national interest to expand the capacity of Hispanic-serving institutions to offer graduate and professional degree programs. ``(b) Purposes.--The purposes of this part are-- ``(1) to expand postbaccalaureate educational opportunities for, and improve the academic attainment of, Hispanic students; and ``(2) to expand and enhance the postbaccalaureate academic offerings, and program quality, that are educating the majority of Hispanic college students and helping large numbers of Hispanic students and other low-income individuals complete postsecondary degrees. ``SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY. ``(a) Program Authorized.--Subject to the availability of funds appropriated to carry out this part, the Secretary shall award competitive grants to Hispanic-serving institutions that offer postbaccalaureate certifications or degrees. ``(b) Eligibility.--In this part, an `eligible institution' means an institution of higher education that-- ``(1) is an eligible institution under section 502; and ``(2) offers a postbaccalaureate certificate or degree granting program. ``SEC. 513. AUTHORIZED ACTIVITIES. ``Grants awarded under this part shall be used for 1 or more of the following activities: ``(1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes. ``(2) Construction, maintenance, renovation, and improvement in classroom, library, laboratory, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services. ``(3) Purchase of library books, periodicals, technical and other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program materials. ``(4) Support for needy postbaccalaureate students including outreach, academic support services, mentoring, scholarships, fellowships, and other financial assistance to permit the enrollment of such students in postbaccalaureate certificate and degree granting programs. ``(5) Support of faculty exchanges, faculty development, faculty research, curriculum development, and academic instruction. ``(6) Creating or improving facilities for Internet or other distance learning academic instruction capabilities, including purchase or rental of telecommunications technology equipment or services. ``(7) Collaboration with other institutions of higher education to expand postbaccalaureate certificate and degree offerings. ``(8) Other activities proposed in the application submitted pursuant to section 514 that-- ``(A) contribute to carrying out the purposes of this part; and ``(B) are approved by the Secretary as part of the review and acceptance of such application. ``SEC. 514. APPLICATION AND DURATION. ``(a) Application.--Any eligible institution may apply for a grant under this part by submitting an application to the Secretary at such time and in such manner as determined by the Secretary. Such application shall demonstrate how the grant funds will be used to improve postbaccalaureate education opportunities for Hispanic and low- income students and will lead to greater financial independence. ``(b) Duration.--Grants under this part shall be awarded for a period not to exceed 5 years. ``(c) Limitation.--The Secretary shall not award more than 1 grant under this part in any fiscal year to any Hispanic-serving institution.''. (b) Cooperative Arrangements.--Section 524(a) of the Higher Education Act of 1965 (as redesignated by subsection (a)(2)) is amended by inserting ``and section 513'' after ``section 503''. (c) Authorization of Appropriations.--Section 528(a) of the Higher Education Act of 1965 (as redesignated by subsection (a)(2)) is amended to read as follows: ``(a) Authorizations.-- ``(1) Part a.--There are authorized to be appropriated to carry out part A of this title $175,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 4 succeeding fiscal years. ``(2) Part b.--There are authorized to be appropriated to carry out part B of this title $125,000,000 for fiscal year 2008 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Next Generation Hispanic-Serving Institutions Act - Amends the Higher Education Act of 1965 to revise requirements for Hispanic-serving institutions (HSIs) under title V (Developing Institutions). Establishes a program of competitive grants to eligible HSIs that offer postbaccalaureate certifications or degrees (part B grants). Limits a part B grant award's duration to not more than five years. Prohibits the Secretary of Education from awarding more than one part B grant to an HSI in any one fiscal year. Authorizes appropriations for: (1) the current part A program of grants to HSIs that offer baccalaureate degrees or are junior or community colleges; and (2) the new part B program of grants to HSIs that offer postbaccalaureate certifications or degrees.

A bill to expand and enhance postbaccalaureate opportunities at Hispanic-serving institutions, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Kate Mullany National Historic Site Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings and purposes. Sec. 4. Establishment of Kate Mullany National Historic Site. Sec. 5. Acquisition of property. Sec. 6. Administration of historic site. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``historic site'' means the Kate Mullany National Historic Site established by section 4 of this Act. (2) The term ``plan'' means the general management plan developed pursuant to section 6(d). (3) The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Kate Mullany House in Troy, New York, is listed on the National Register of Historic Places and has been designated as a National Historic Landmark. (2) The National Historic Landmark Theme Study on American Labor History concluded that the Kate Mullany House appears to meet the criteria of national significance, suitability, and feasibility for inclusion in the National Park System. (3) The city of Troy, New York-- (A) played an important role in the development of the collar and cuff industry and the iron industry in the 19th century, and in the development of early men's and women's worker and cooperative organizations; and (B) was the home of the first women's labor union, led by Irish immigrant Kate Mullany. (4) The city of Troy, New York, with 6 neighboring cities, towns, and villages, entered into a cooperative arrangement to create the Hudson-Mohawk Urban Cultural Park Commission to manage their valuable historic resources and the area within these municipalities has been designated by the State of New York as a heritage area to represent industrial development and labor themes in the State's development. (5) This area, known as the Hudson-Mohawk Urban Cultural Park or RiverSpark, has been a pioneer in the development of partnership parks where intergovernmental and public and private partnerships bring about the conservation of our heritage and the attainment of goals for preservation, education, recreation, and economic development. (6) Establishment of the Kate Mullany National Historic Site and cooperative efforts between the National Park Service and the Hudson-Mohawk Urban Cultural Park Commission will provide opportunities for the illustration and interpretation of important themes of the heritage of the United States, and will provide unique opportunities for education, public use, and enjoyment. (b) Purposes.--The purposes of this Act are-- (1) to preserve and interpret the nationally significant home of Kate Mullany for the benefit, inspiration, and education of the people of the United States; and (2) to interpret the connection between immigration and the industrialization of the Nation, including the history of Irish immigration, women's history, and worker history. SEC. 4. ESTABLISHMENT OF KATE MULLANY NATIONAL HISTORIC SITE. (a) Establishment.--There is established, as a unit of the National Park System, the Kate Mullany National Historic Site in the State of New York. (b) Description.--The historic site shall consist of the home of Kate Mullany, comprising approximately 0.05739 acre, located at 350 Eighth Street in Troy, New York, as generally depicted on the map entitled __________ and dated ____________. SEC. 5. ACQUISITION OF PROPERTY. (a) Real Property.--The Secretary may acquire lands and interests therein within the boundaries of the historic site and ancillary real property for parking or interpretation, as necessary and appropriate for management of the historic site. Such acquisitions may be by donation, purchase from willing sellers with donated or appropriated funds, or exchange. (b) Personal Property.--The Secretary may acquire personal property associated with, and appropriate for, the interpretation of the historic site using the methods provided in subsection (a). SEC. 6. ADMINISTRATION OF HISTORIC SITE. (a) In General.--The Secretary shall administer the historic site in accordance with this Act and all laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.; commonly known as the National Park Service Organic Act), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as the Historic Sites, Buildings, and Antiquities Act). (b) Cooperative Agreements.--To further the purposes of this Act, the Secretary may consult with and enter into cooperative agreements with the State of New York and the Hudson-Mohawk Urban Cultural Park Commission, and other public and private entities to facilitate public understanding and enjoyment of the life and work of Kate Mullany through the development, presentation, and funding of exhibits and other appropriate activities related to the preservation, interpretation, and use of the historic site and related historic resources. (c) Exhibits.--The Secretary may display, and accept for the purposes of display, items associated with Kate Mullany, as may be necessary for the interpretation of the historic site. (d) General Management Plan.--Not later than 2 complete fiscal years after the date of the enactment of this Act, the Secretary shall develop a general management plan for the historic site. Upon its completion, the Secretary shall submit the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The plan shall include recommendations for regional wayside exhibits, to be carried out through cooperative agreements with the State of New York and other public and private entities. The plan shall be prepared in accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-1 et seq.; commonly known as the National Park System General Authorities Act).

Kate Mullany National Historic Site Act - (Sec. 4) Establishes the Kate Mullany National Historic Site in Troy, New York.(Sec. 5) Authorizes the Secretary of the Interior to acquire lands within the Site's boundaries, and ancillary real property for parking or interpretation, as necessary and appropriate for management of the Site, and personal property associated with and appropriate for interpretation of the Site, by donation, purchase from wiling sellers, or exchange.(Sec. 6) Requires the Secretary to administer the Site in accordance with this Act and all laws generally applicable to units of the National Park System. Allows the Secretary to consult and enter into cooperative agreements with New York State, the Hudson-Mohawk Urban Cultural Park Commission, and other public and private entities to facilitate public understanding and enjoyment of the life and work of Kate Mullany through exhibits and other appropriate activities. Permits the Secretary to accept and display items associated with Mullany for interpretation.Requires the Secretary to develop and submit to specified congressional committees a general management plan for the Site, including recommendations for regional wayside exhibits, to be carried out through cooperative agreements with New York State and other public and private entities.

To establish the Kate Mullany National Historic Site in the State of New York, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Ports of Entry Threat and Operational Review Act''. SEC. 2. PORTS OF ENTRY THREAT AND OPERATIONAL ANALYSIS. (a) In General.-- (1) Requirement.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a threat and operational analysis of ports of entry. (2) Contents.--The threat and operational analysis required under paragraph (1) shall include an assessment of the following: (A) Current and potential threats posed by individuals and organized groups seeking-- (i) to exploit security vulnerabilities at ports of entry; or (ii) to unlawfully enter the United States through such ports of entry. (B) Methods and pathways used to exploit security vulnerabilities at ports of entry. (C) Improvements needed at ports of entry to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States. (D) Improvements needed to enhance travel and trade facilitation and reduce wait times at ports of entry, including-- (i) security vulnerabilities associated with prolonged wait times; (ii) current technology at ports of entry that can be adapted to handle more volume, increase efficiency, and improve accuracy of detection efforts; and (iii) infrastructure additions and upgrades. (E) Processes conducted at ports of entry that do not require law enforcement training and could be-- (i) filled with-- (I) non-law enforcement staff; or (II) the private sector, for processes or activities determined to not be inherently governmental (as such term is defined in section 5 of the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270)); or (ii) automated. (F) Improvements needed during secondary inspections to meet food safety standards defined by applicable statutes for the commodities being inspected. (3) Analysis requirements.--In compiling the threat and operational analysis required under paragraph (1), the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall consider and examine the following: (A) Personnel needs, including K-9 Units, and estimated costs, at each port of entry, including such needs and challenges associated with recruitment and hiring. (B) Technology needs, including radiation portal monitors and non-intrusive inspection technology, and estimated costs at each port of entry. (C) Infrastructure needs and estimated costs at each port of entry. (b) Ports of Entry Strategy and Implementation Plan.-- (1) In general.--Not later than 270 days after the submission of the threat and operational analysis required under subsection (a) and every 5 years thereafter for 10 years, the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection (CBP), shall provide to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a ports of entry strategy and implementation plan. (2) Contents.--The ports of entry strategy and implementation plan required under paragraph (1) shall include a consideration of the following: (A) The ports of entry threat and operational analysis required under subsection (a), with an emphasis on efforts to mitigate threats and challenges identified in such analysis. (B) Efforts to reduce wait times at ports of entry and standards against which the effectiveness of such efforts may be determined. (C) Efforts to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States at the earliest possible point at ports of entry and standards against which the effectiveness of such efforts may be determined. (D) Efforts to focus intelligence collection and information analysis to disrupt transnational criminal organizations attempting to exploit vulnerabilities at ports of entry and standards against which the effectiveness of such efforts may be determined. (E) Efforts to verify that any new port of entry technology acquisition can be operationally integrated with existing technologies in use by the Department of Homeland Security. (F) Lessons learned from reports on the business transformation initiative under section 802(i)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114-125). (G) CBP staffing requirements for all ports of entry. (H) Efforts to identify and detect fraudulent documents at ports of entry and standards against which the effectiveness of such efforts may be determined. (I) Efforts to prevent, detect, investigate, and mitigate corruption at ports of entry and standards against which the effectiveness of such efforts may be determined. (c) Ports of Entry Described.--In this section, the term ``ports of entry'' means United States air, land, and sea ports of entry.

United States Ports of Entry Threat and Operational Review Act This bill directs U.S. Customs and Border Protection to submit to the congressional homeland security and tax committees a threat and operational analysis of U.S. air, land, and sea ports of entry.

United States Ports of Entry Threat and Operational Review Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethanol Reform and Deficit Reduction Act''. SEC. 2. VARIABLE VEETC RATE BASED ON PRICE OF CRUDE OIL. (a) Excise Tax Credit.-- (1) In general.--Subparagraph (A) of section 6426(b)(2) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``and'' at the end of clause (i), (B) by striking ``calendar years beginning after 2008, 45 cents.'' in clause (ii) and inserting ``calendar quarters beginning after 2008 and before July 1, 2011, 45 cents, and'', and (C) by adding at the end the following new clause: ``(iii) in the case of calendar quarters beginning after June 30, 2011, the applicable rate determined in accordance with the following table: ``If the average price of crude oil The applicable rate for during the preceding calendar the calendar quarter is: quarter is: Not more than $50/barrel........................... 30 cents More than $50 but not more than $60/barrel......... 24 cents More than $60 but not more than $70/barrel......... 18 cents More than $70 but not more than $80/barrel......... 12 cents More than $80 but not more than $90/barrel......... 6 cents More than $90/barrel............................... 0 cents. For purposes of the preceding table, the average price of crude oil for any calendar quarter shall be the average 3-month futures price on the New York Mercantile Exchange for light sweet crude oil for such calendar quarter. Each applicable rate under the preceding table shall be reduced by 2 cents for each calendar year beginning after 2011.''. (2) Extension of tax credit or payment.--Sections 6426(b)(6) and 6427(e)(6)(A) of such Code are each amended by striking ``2011'' and inserting ``2014''. (b) Income Tax Credit.-- (1) In general.--The table contained in section 40(h)(2) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``calendar year'' in the heading for the first column, (B) by inserting ``Calendar year'' before ``2001'', (C) by inserting ``Calendar year'' before ``2003'', (D) by inserting ``Calendar year'' before ``2005'', (E) by inserting ``Calendar years'' before ``2009'', (F) by striking ``2011'' and inserting ``the last calendar quarter beginning before July 1, 2011'', (G) by striking the period at the end of the table, and (H) by adding at the end the following: ``Any calendar quarter beginning after 1st 2d applicable rate.''. June 30, 2011, and before 2015. applicable rate (2) Applicable rates.--Paragraph (3) of section 40(h) of such Code is amended to read as follows: ``(3) Applicable rates.--For purposes of this subsection, the 1st applicable rate and the 2d applicable rate shall be determined in accordance with the following table: ---------------------------------------------------------------------------------------------------------------- The 1st ``If the average price of crude oil during applicable rate The 2d applicable rate for the calendar quarter the preceding calendar quarter is: for the calendar is: quarter is: ---------------------------------------------------------------------------------------------------------------- Not more than $50/barrel................... 30 cents 22.20 cents More than $50 but not more than $60/barrel. 24 cents 17.76 cents More than $60 but not more than $70/barrel. 18 cents 13.33 cents More than $70 but not more than $80/barrel. 12 cents 8.88 cents More than $80 but not more than $90/barrel. 6 cents 4.44 cents More than $90/barrel....................... 0 cents 0 cents. ---------------------------------------------------------------------------------------------------------------- For purposes of the preceding table, the average price of crude oil for any calendar quarter shall be the average 3-month futures price on the New York Mercantile Exchange for light sweet crude oil for such calendar quarter. Each 1st applicable rate under the preceding table shall be reduced by 2 cents for each calendar year beginning after 2011 and each 2d applicable rate under such table shall be reduced by 1.48 cents for each such year.''. (3) Extension of tax credit.--Section 40 of such Code is amended-- (A) by striking ``2011'' in subsection (e)(1)(A) and inserting ``2014'', (B) by striking ``2012'' in subsection (e)(1)(B) and inserting ``2015'', and (C) by striking ``2011'' in subsection (h)(1) and inserting ``2014''. (c) Repeal of Deadwood.--Section 6426(b)(2) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C). (d) Effective Date.--The amendments made by this section shall apply to any sale, use, or removal for any period after June 30, 2011. SEC. 3. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT. (a) Extension.--Subsection (g) of section 30C of the Internal Revenue Code of 1986 is amended by striking ``placed in service--'' and all that follows and inserting ``placed in service after the earlier of December 31, 2016, or the date on which the Secretary certifies that at least 53,000 qualified alternative fuel refueling properties (other than properties described in subsection (c)(2)(C)) have been placed in service.''. (b) Only Certain Ethanol Blends Eligible for Credit.--Subparagraph (A) of section 30C(c)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) Any fuel-- ``(i) at least 85 percent of the volume of which consists of one or more of the following: natural gas, compressed natural gas, liquified natural gas, liquefied petroleum gas, or hydrogen, or ``(ii) at least 85 percent of the volume of which consists of-- ``(I) ethanol, or ``(II) ethanol and gasoline or one or more of the fuels described in clause (i), but only if at least 15 percent and not more than 85 percent of the volume of such fuel consists of ethanol.''. (c) Credit for Dual-Use Refueling Property.--Subsection (e) of section 30C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Dual-use refueling property.-- ``(A) In general.--In the case of any dual-use refueling property, 100 percent of the cost of such property shall be treated as qualified alternative fuel refueling property if the taxpayer certifies, in such time and manner as the Secretary shall prescribe, that such property will be used in more than a de minimis capacity for the purposes described in section 179A(d)(3)(A) (applied as specified in subsection (c)(2)). ``(B) Recapture.--If at any time within 5 years after the date of the certification under subparagraph (A) the dual-use refueling property ceases to be used as required under such subparagraph, 100 percent of the cost of such property shall be subject to recapture under paragraph (5). ``(C) Dual-use refueling property.--For purposes of this paragraph, the term `dual-use refueling property' means property that is both qualified alternative fuel vehicle refueling property and property used-- ``(i) to store or dispense fuels not described in subsection (c)(2), or ``(ii) to store fuels described in subsection (c)(2) for any purpose other than delivery of such fuel into the fuel tank of a motor vehicle.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after June 30, 2011. SEC. 4. EXTENSION OF CELLULOSIC BIOFUEL PRODUCER CREDIT THROUGH 2014. (a) In General.--Section 40(b)(6) of the Internal Revenue Code of 1986 is amended by striking subparagraph (H). (b) Conforming Amendment.--Section 40(e) of the Internal Revenue Code of 1986 is amended by striking paragraph (3). SEC. 5. EXTENSION OF SPECIAL DEPRECIATION ALLOWANCE FOR CELLULOSIC BIOFUEL PLANT PROPERTY. Subparagraph (D) of section 168(l)(2) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2013'' and inserting ``January 1, 2015''. SEC. 6. ALGAE TREATED AS A QUALIFIED FEEDSTOCK FOR PURPOSES OF THE CELLULOSIC BIOFUEL PRODUCER CREDIT, ETC. (a) In General.--Subclause (I) of section 40(b)(6)(E)(i) of the Internal Revenue Code of 1986 is amended to read as follows: ``(I) is derived solely by, or from, qualified feedstocks, and''. (b) Qualified Feedstock; Special Rules for Algae.--Paragraph (6) of section 40(b) of the Internal Revenue Code of 1986, as amended by this Act, is amended by redesignating subparagraphs (F) and (G) as subparagraphs (H) and (I), respectively, and by inserting after subparagraph (E) the following new subparagraphs: ``(F) Qualified feedstock.--For purposes of this paragraph, the term `qualified feedstock' means-- ``(i) any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, and ``(ii) any cultivated algae, cyanobacteria, or lemna. ``(G) Special rules for algae.--In the case of fuel which is derived by, or from, feedstock described in subparagraph (F)(ii) and which is sold by the taxpayer to another person for refining by such other person into a fuel which meets the requirements of subparagraph (E)(i)(II)-- ``(i) such sale shall be treated as described in subparagraph (C)(i), ``(ii) such fuel shall be treated as meeting the requirements of subparagraph (E)(i)(II) in the hands of such taxpayer, and ``(iii) except as provided in this subparagraph, such fuel (and any fuel derived from such fuel) shall not be taken into account under subparagraph (C) with respect to the taxpayer or any other person.''. (c) Algae Treated as a Qualified Feedstock for Purposes of Bonus Depreciation for Biofuel Plant Property.-- (1) In general.--Subparagraph (A) of section 168(l)(2) of the Internal Revenue Code of 1986 is amended by striking ``solely to produce cellulosic biofuel'' and inserting ``solely to produce second generation biofuel (as defined in section 40(b)(6)(E))''. (2) Conforming amendments.--Subsection (l) of section 168 of such Code, as amended by this Act, is amended-- (A) by striking ``cellulosic biofuel'' each place it appears in the text thereof and inserting ``second generation biofuel'', (B) by striking paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively, (C) by striking ``Cellulosic'' in the heading of such subsection and inserting ``Second Generation'', and (D) by striking ``cellulosic'' in the heading of paragraph (2) and inserting ``second generation''. (d) Conforming Amendments.-- (1) Section 40 of the Internal Revenue Code of 1986, as amended by this Act, is amended-- (A) by striking ``cellulosic biofuel'' each place it appears in the text thereof and inserting ``second generation biofuel'', (B) by striking ``Cellulosic'' in the headings of subsections (b)(6), (b)(6)(E), and (d)(3)(D) and inserting ``Second generation'', and (C) by striking ``cellulosic'' in the headings of subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6), and (e)(3) and inserting ``second generation''. (2) Clause (ii) of section 40(b)(6)(E) of such Code is amended by striking ``Such term shall not'' and inserting ``The term `second generation biofuel' shall not''. (3) Paragraph (1) of section 4101(a) of such Code is amended by striking ``cellulosic biofuel'' and inserting ``second generation biofuel''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to fuels sold or used after the date of the enactment of this Act. (2) Application to bonus depreciation.--The amendments made by subsection (c) shall apply to property placed in service after the date of the enactment of this Act. SEC. 7. BUDGETARY EFFECTS. (a) PAYGO Scorecard.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO Scorecard.--The budgetary effects of this Act shall not be recorded on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress).

Ethanol Reform and Deficit Reduction Act - Amends the Internal Revenue Code to: (1) link the amount of  the volumetric ethanol excise tax credit (VEETC) for calendar quarters beginning after June 30, 2011, to the average price of crude oil in a calendar quarter, (2) modify the rates of the income tax credit for alcohol used as fuel and extend such credit through 2014, (3) extend the alternative fuel refueling property tax credit and the special depreciation allowance for cellulosic biofuel plant property, and (4) make permanent the cellulosic biofuel producer tax credit. Modifies the definition of "cellulosic biofuel" for purposes of the cellulosic biofuel producer tax credit and the special depreciation allowance to mean any liquid fuel that is derived solely by or from qualified feedstocks. Defines "qualified feedstocks" as any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis and any cultivated algae, cyanobacteria, or lemna.

A bill to amend the Internal Revenue Code of 1986 to provide for a variable VEETC rate based on the price of crude oil, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Good Samaritan Search and Recovery Act''. SEC. 2. EXPEDITED ACCESS TO CERTAIN FEDERAL LANDS. (a) In General.--The Secretary shall develop and implement a process to expedite access to Federal lands under the administrative jurisdiction of the Secretary for eligible organizations and eligible individuals to request access to Federal lands to conduct good Samaritan search-and-recovery missions. The process developed and implemented pursuant to this subsection shall include provisions that clarify that-- (1) an eligible organization or eligible individual granted access under this section shall be acting for private purposes and shall not be considered a Federal volunteer; (2) an eligible organization or eligible individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered a volunteer under section 3 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18i); (3) the Federal Torts Claim Act shall not apply to an eligible organization or eligible individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and (4) the Federal Employee Compensation Act shall not apply to an eligible organization or eligible individual conducting good Samaritan search-and-recovery mission under this section and such activities shall not constitute civilian employment. (b) Release of the Federal Government From Liability.--The Secretary shall not require an eligible organization or an eligible individual to have liability insurance as a condition of accessing Federal lands under this section if the eligible organization or eligible individual-- (1) acknowledges and consents, in writing, to the provisions listed in paragraphs (1) through (4) of subsection (a); and (2) signs a waiver releasing the Federal Government from all liability related to the access granted under this section. (c) Approval and Denial of Requests.-- (1) In general.--The Secretary shall notify an eligible organization and eligible individual of the approval or denial of a request by that eligible organization and eligible individual to carry out a good Samaritan search-and-recovery mission under this section not more than 48 hours after the request is made. (2) Denials.--If the Secretary denies a request from an eligible organization or eligible individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or eligible individual of-- (A) the reason for the denial request; and (B) any actions that eligible organization or eligible individual can take to meet the requirements for the request to be approved. (d) Partnerships.--The Secretary shall develop search-and-recovery focused partnerships with search-and-recovery organizations to-- (1) coordinate good Samaritan search-and-recovery missions on Federal lands under the administrative jurisdiction of the Secretary; and (2) expedite and accelerate good Samaritan search-and- recovery mission efforts for missing individuals on Federal lands under the administrative jurisdiction of the Secretary. (e) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a joint report to Congress describing-- (1) plans to develop partnerships described in subsection (d)(1); and (2) efforts being taken to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal lands under the administrative jurisdiction of the Secretary pursuant to subsection (d)(2). (f) Definitions.--For the purposes of this section, the following definitions apply: (1) Eligible organization and eligible individual.--The terms ``eligible organization'' and ``eligible individual'' means an organization or individual, respectively, that-- (A) is acting in a not-for-profit capacity; and (B) is certificated in training that meets or exceeds standards established by the American Society for Testing and Materials. (2) Good samaritan search-and-recovery mission.--The term ``good Samaritan search-and-recovery mission'' means a search for one or more missing individuals believed to be deceased at the time that the search is initiated. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. Passed the House of Representatives January 27, 2014. Attest: KAREN L. HAAS, Clerk.

Good Samaritan Search and Recovery Act - Directs the Secretary of the Interior and the Secretary of Agriculture (USDA) to implement a process to provide eligible organizations and individuals expedited access to federal lands to conduct good Samaritan search-and-recovery missions. Requires such process to include provisions that clarify that: (1) an eligible organization or eligible individual granted access shall be acting for private purposes and shall not be considered a federal volunteer, (2) an eligible organization or eligible individual shall not be considered a volunteer under the Volunteers in the Parks Act of 1969, and (3) neither the Federal Torts Claim Act nor the Federal Employee Compensation Act shall apply to an eligible organization or eligible individual. Bars the Secretaries from requiring an eligible organization or eligible individual to have liability insurance as a condition of accessing federal lands under this Act if it: (1) acknowledges and consents, in writing, to these clarifying provisions; and (2) signs a waiver releasing the federal government from all liability related to the access granted. Sets forth procedures for the approval or denial of requests made by eligible organizations or individuals to carry out a good Samaritan search-and-recovery mission. Requires the Secretaries to develop search-and-recovery focused partnerships with search-and-recovery organizations to: (1) coordinate good Samaritan search-and-recovery missions on such lands, and (2) expedite and accelerate mission efforts for missing individuals on such lands. Requires the Secretaries to submit a joint report to Congress that describes: (1) their plans for developing such partnerships, and (2) the efforts being taken to expedite and accelerate such mission efforts.

Good Samaritan Search and Recovery Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building, Renovating, Improving, and Constructing Kids' Schools Act''. SEC. 2. FINDINGS. Congress make the following findings: (1) According to a 1999 issue brief prepared by the National Center for Education Statistics, the average public school in America is 42 years old, and school buildings begin rapid deterioration after 40 years. In addition, 29 percent of all public schools are in the oldest condition, meaning that the schools were built before 1970 and have either never been renovated or were renovated prior to 1980. (2) According to reports issued by the General Accounting Office (GAO) in 1995 and 1996, it would cost $112,000,000,000 to bring the Nation's schools into good overall condition, and one-third of all public schools need extensive repair or replacement. (3) Many schools do not have the appropriate infrastructure to support computers and other technologies that are necessary to prepare students for the jobs of the 21st century. (4) Without impeding on local control, the Federal Government appropriately can assist State, regional, and local entities in addressing school construction, renovation, and repair needs by providing low-interest loans for purposes of paying interest on related bonds and by supporting other State- administered school construction programs. SEC. 3. DEFINITIONS. In this Act: (1) Bond.--The term ``bond'' includes any obligation. (2) Governor.--The term ``Governor'' includes the chief executive officer of a State. (3) Local educational agency.--The term ``local educational agency'' has the meaning given to such term by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (4) Public school facility.--The term ``public school facility'' shall not include-- (A) any stadium or other facility primarily used for athletic contests or exhibitions, or other events for which admission is charged to the general public; or (B) any facility that is not owned by a State or local government or any agency or instrumentality of a State or local government. (5) Qualified school construction bond.--The term ``qualified school construction bond'' means any bond (or portion of a bond) issued as part of an issue if-- (A) 95 percent or more of the proceeds attributable to such bond (or portion) are to be used for the construction, rehabilitation, or repair of a public school facility or for the acquisition of land on which such a facility is to be constructed with part of the proceeds; (B) the bond is issued by a State, regional, or local entity, with bonding authority; and (C) the issuer designates such bond (or portion) for purposes of this section. (6) Stabilization fund.--The term ``stabilization fund'' means the stabilization fund established under section 5302 of title 31, United States Code. (7) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. SEC. 4. LOANS FOR SCHOOL CONSTRUCTION BOND INTEREST PAYMENTS AND OTHER SUPPORT. (a) Loan Authority and Other Support.-- (1) Loans and state-administered programs.-- (A) In general.--Except as provided in subparagraph (B), from funds made available to a State under section 5(b) the State, in consultation with the State educational agency-- (i) shall use not less than 50 percent of the funds to make loans to State, regional, or local entities within the State to enable the entities to make annual interest payments on qualified school construction bonds that are issued by the entities not later than December 31, 2003; and (ii) may use not more than 50 percent of the funds to support State revolving fund programs or other State-administered programs that assist State, regional, and local entities within the State in paying for the cost of construction, rehabilitation, repair, or acquisition described in section 3(5)(A). (B) States with restrictions.--If, on the date of enactment of this Act, a State has in effect a law that prohibits the State from making the loans described in subparagraph (A)(i), the State, in consultation with the State educational agency, may use the funds described in subparagraph (A) to support the programs described in subparagraph (A)(ii). (2) Requests.--The Governor of each State desiring assistance under this Act shall submit a request to the Secretary of the Treasury at such time and in such manner as the Secretary of the Treasury may require. (3) Priority.--In selecting entities to receive funds under paragraph (1) for projects involving construction, rehabilitation, repair, or acquisition of land for schools, the State shall give priority to entities with projects for schools with greatest need, as determined by the State. In determining the schools with greatest need, the State shall take into consideration whether a school-- (A) is among the schools that have the greatest numbers or percentages of children whose education imposes a higher than average cost per child, such as-- (i) children living in areas with high concentrations of low-income families; (ii) children from low-income families; and (iii) children living in sparsely populated areas; (B) has inadequate school facilities and a low level of resources to meet the need for school facilities; or (C) meets such criteria as the State may determine to be appropriate. (b) Repayment.-- (1) In general.--Subject to paragraph (2), a State that uses funds made available under section 5(b) to make a loan or support a State-administered program under subsection (a)(1) shall repay to the stabilization fund the amount of the loan or support, plus interest, at an annual rate of 4.5 percent. A State shall not be required to begin making such repayment until the year immediately following the 15th year for which the State is eligible to receive annual distributions from the fund (which shall be the final year for which the State shall be eligible for such a distribution under this Act). The amount of such loan or support shall be fully repaid during the 10- year period beginning on the expiration of the eligibility of the State under this Act. (2) Exceptions.-- (A) In general.--The interest on the amount made available to a State under section 5(b) shall not accrue, prior to January 1, 2006, unless the amount appropriated to carry out part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) for any fiscal year prior to fiscal year 2006 is sufficient to fully fund such part for the fiscal year at the originally promised level, which promised level would provide to each State 40 percent of the average per-pupil expenditure for providing special education and related services for each child with a disability in the State. (B) Applicable interest rate.--Effective January 1, 2006, the applicable interest rate that will apply to an amount made available to a State under section 5(b) shall be-- (i) 0 percent with respect to years in which the amount appropriated to carry out part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) is not sufficient to provide to each State at least 20 percent of the average per-pupil expenditure for providing special education and related services for each child with a disability in the State; (ii) 2.5 percent with respect to years in which the amount described in clause (i) is not sufficient to provide to each State at least 30 percent of such average per-pupil expenditure; (iii) 3.5 percent with respect to years in which the amount described in clause (i) is not sufficient to provide to each State at least 40 percent of such average per-pupil expenditure; and (iv) 4.5 percent with respect to years in which the amount described in clause (i) is sufficient to provide to each State at least 40 percent of such average per-pupil expenditure. (c) Federal Responsibilities.--The Secretary of the Treasury and the Secretary of Education-- (1) jointly shall be responsible for ensuring that funds provided under this Act are properly distributed; (2) shall ensure that funds provided under this Act only are used to pay for-- (A) the interest on qualified school construction bonds; or (B) a cost described in section 4(a)(1)(A)(ii); and (3) shall not have authority to approve or disapprove school construction plans assisted pursuant to this Act, except to ensure that funds made available under this Act are used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair, and acquisition of land for school facilities, in the State that would have occurred in the absence of such funds. SEC. 5. AMOUNTS AVAILABLE TO EACH STATE. (a) Reservation for Indians.-- (1) In general.--From $20,000,000,000 of the funds in the stabilization fund, the Secretary of the Treasury shall make available $400,000,000 to provide assistance to Indian tribes. (2) Use of funds.--An Indian tribe that receive assistance under paragraph (1)-- (A) shall use not less than 50 percent of the assistance for a loan to enable the Indian tribe to make annual interest payments on qualified school construction bonds, in accordance with the requirements of this Act that the Secretary of the Treasury determines to be appropriate; and (B) may use not more than 50 percent of the assistance to support tribal revolving fund programs or other tribal-administered programs that assist tribal governments in paying for the cost of construction, rehabilitation, repair, or acquisition described in section 3(5)(A), in accordance with the requirements of this Act that the Secretary of the Treasury determines to be appropriate. (b) Amounts Available.-- (1) In general.--Subject to paragraph (3) and from $20,000,000,000 of the funds in the stabilization fund that are not reserved under subsection (a), the Secretary of the Treasury shall make available to each State submitting a request under section 4(a)(2) an amount that bears the same relation to such remainder as the amount the State received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for fiscal year 2000 bears to the amount received by all States under such part for such year. (2) Disbursal.--The Secretary of the Treasury shall disburse the amount made available to a State under paragraph (1) or (3), on an annual basis, during the period beginning on October 1, 2000, and ending September 30, 2017. (3) Small state minimum.-- (A) Minimum.--No State shall receive an amount under paragraph (1) that is less than $100,000,000. (B) States.--In this paragraph, the term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico. (c) Notification.--The Secretary of the Treasury and the Secretary of Education jointly shall notify each State of the amount of funds the State may receive for loans and other support under this Act.

Sets forth requirements for loan repayment and interest rate. Exempts a State entity or local government from such repayment and interest rate accrual prior to January 1, 2006, unless the amount appropriated to carry out assistance for education of all children with disabilities under the Individuals with Disabilities Education Act for any fiscal year before FY 2006 is sufficient to fully fund such assistance for the fiscal year at the originally promised level, which promised level would provide to each State 40 percent of the average per-pupil expenditure for providing special education and related services for each child with a disability in the State. Directs the Secretary of the Treasury and the Secretary of Education to: (1) ensure that funds provided under this Act are properly distributed, and are used to pay the interest on qualified school construction bonds or costs of school construction, rehabilitation, repair, or related land acquisition; and (2) notify each State of the amount of funds it may receive for loans and other support under this Act. Provides that the Secretaries shall not have authority to approve or disapprove school construction plans assisted pursuant to this Act, except to ensure that funds made available under this Act are used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair, and related land acquisition in the State that would have occurred in the absence of such funds.

Building, Renovating, Improving, and Constructing Kids' Schools Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jackson Multi-Agency Campus Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the management of public land and natural resources and the service of the public in the area of Jackson, Wyoming, are responsibilities shared by-- (A) the Department of Agriculture, including the Forest Service; (B) the Department of the Interior, including-- (i) the National Park Service; and (ii) the United States Fish and Wildlife Service; (C) the Game and Fish Commission of the State of Wyoming; (D) Teton County, Wyoming; (E) the town of Jackson, Wyoming; (F) the Jackson Chamber of Commerce; and (G) the Jackson Hole Historical Society; and (2) it is desirable to locate the administrative offices of several of the agencies and entities specified in paragraph (1) on 1 site to-- (A) facilitate communication between the agencies and entities; (B) reduce costs to the Federal, State, and local governments; and (C) better serve the public. (b) Purposes.--The purposes of this Act are to-- (1) authorize the Federal agencies specified in subsection (a) to-- (A) develop and maintain the Project in Jackson, Wyoming, in cooperation with the other agencies and entities specified in subsection (a); and (B) provide resources and enter into such agreements as are necessary for the planning, design, construction, operation, maintenance, and fixture modifications of all elements of the Project; (2) direct the Secretary to convey to the town of Jackson, Wyoming, certain parcels of federally owned land located in Teton County, Wyoming, in exchange for construction of facilities for the Bridger-Teton National Forest by the town of Jackson; (3) direct the Secretary to convey to the Game and Fish Commission of the State of Wyoming certain parcels of federally owned land in the town of Jackson, Wyoming, in exchange for approximately 1.35 acres of land, also located in the town of Jackson, to be used in the construction of the Project; and (4) relinquish certain reversionary interests of the United States in order to facilitate the transactions described in paragraphs (1) through (4). SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Game and Fish Commission of the State of Wyoming. (2) Construction cost.--The term ``construction cost'' means any cost that is-- (A) associated with building improvements to Federal standards and guidelines; and (B) open to a competitive bidding process approved by the Secretary. (3) Federal parcel.--The term ``Federal parcel'' means the parcel of land, and all appurtenances to the land, comprising approximately 15.3 acres, depicted as ``Bridger-Teton National Forest'' on the Map. (4) Map.--The term ``Map'' means the map entitled ``Multi- Agency Campus Project Site'', dated March 31, 1999, and on file in the offices of-- (A) the Bridger-Teton National Forest, in the State of Wyoming; and (B) the Chief of the Forest Service. (5) Master plan.--The term ``master plan'' means the document entitled ``Conceptual Master Plan'', dated July 14, 1998, and on file at the offices of-- (A) the Bridger-Teton National Forest, in the State of Wyoming; and (B) the Chief of the Forest Service. (6) Project.--The term ``Project'' means the proposed project for construction of a multi-agency campus, to be carried out by the town of Jackson, Wyoming, in cooperation with the other agencies and entities described in section 2(a)(1), to provide, in accordance with the master plan-- (A) administrative facilities for various agencies and entities; and (B) interpretive, educational, and other facilities for visitors to the greater Yellowstone area. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture (including a designee of the Secretary). (8) State parcel.--The term ``State parcel'' means the parcel of land comprising approximately 3 acres, depicted as ``Wyoming Game and Fish'' on the Map. (9) Town.--The term ``town'' means the town of Jackson, Wyoming. SEC. 4. MULTI-AGENCY CAMPUS PROJECT, JACKSON, WYOMING. (a) Construction Offers for Exchange of Property.-- (1) In general.--The town may offer to construct, as part of the Project, an administrative facility for the Bridger- Teton National Forest. (2) Conveyance.--If the offer described in paragraph (2) is made not later than 5 years after the date of enactment of this Act, the Secretary shall convey the Federal land described in section 5(a)(1) to the town, in exchange for the completed administrative facility described in this paragraph, in accordance with this Act. (b) Offer To Convey State Parcel.-- (1) In general.--The Commission may offer to convey a portion of the State parcel, depicted on the Map as ``Parcel Three'', to the United States to be used for construction of an administrative facility for the Bridger-Teton National Forest. (2) Conveyance.--If the offer described in paragraph (2) is made not later than 5 years after the date of enactment of this Act, the Secretary shall convey, through a simultaneous conveyance, the Federal land described in section 5(a)(2) to the Commission, in exchange for the portion of the State parcel described in paragraph (2), in accordance with this Act. SEC. 5. CONVEYANCE OF FEDERAL LAND. (a) In General.--In exchange for the consideration described in section 3, the Secretary shall convey-- (1) to the town, the portion of the Federal parcel, comprising approximately 9.3 acres, depicted on the Map as ``Parcel Two''; and (2) to the Commission, the portion of the Federal parcel comprising approximately 3.2 acres, depicted on the Map as ``Parcel One''. (b) Reversionary Interests.--As additional consideration for acceptance by the United States of any offer described in section 4, the United States shall relinquish all reversionary interests in the State parcel, as set forth in the deed between the United States and the State of Wyoming, dated February 19, 1957, and recorded on October 2, 1967, in Book 14 of Deeds, Page 382, in the records of Teton County, Wyoming. SEC. 6. EQUAL VALUE OF INTERESTS EXCHANGED. (a) Valuation of Land To Be Conveyed.-- (1) In general.--The fair market and improvement values of the land to be exchanged under this Act shall be determined-- (A) by appraisals acceptable to the Secretary, utilizing nationally recognized appraisal standards; and (B) in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). (2) Appraisal report.--Each appraisal report shall be written to Federal standards, as defined in the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference. (3) No effect on value of reversionary interests.--An appraisal of the State parcel shall not take into consideration any reversionary interest held by the United States in the State parcel as of the date on which the appraisal is conducted. (b) Value of Federal Land Greater Than Construction Costs.--If the value of the Federal land to be conveyed to the town under section 5(a)(1) is greater than the construction costs to be paid by the town for the administrative facility described in section 4(a), the Secretary shall reduce the acreage of the Federal land conveyed so that the value of the Federal land conveyed to the town closely approximates the construction costs. (c) Value of Federal Land Less Than Construction Costs.--If the value of the Federal land to be conveyed to the town under section 5(a)(1) is less than the construction costs to be paid by the town for the administrative facility described in section 4(a), the Secretary may convey to the town additional Federal land administered by the Secretary for national forest administrative site purposes in Teton County, Wyoming, so that the total value of the Federal land conveyed to the town closely approximates the construction costs. (d) Value of Federal Land Equal to Value of State Parcel.-- (1) In general.--The value of any Federal land conveyed to the Commission under section 5(a)(2) shall be equal to the value of the State parcel conveyed to the United States under section 4(b). (2) Boundaries.--The boundaries of the Federal land and the State parcel may be adjusted to equalize values. (e) Payment of Cash Equalization.--Notwithstanding subsections (b) through (d), the values of Federal land and the State parcel may be equalized by payment of cash to the Secretary, the Commission, or the town, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), if the values cannot be equalized by adjusting the size of parcels to be conveyed or by conveying additional land, without compromising the design of the Project. SEC. 7. ADDITIONAL PROVISIONS. (a) Construction of Federal Facilities.--The construction of facilities on Federal land within the boundaries of the Project shall be-- (1) supervised and managed by the town; and (2) carried out to standards and specifications approved by the Secretary. (b) Access.--The town (including contractors and subcontractors of the town) shall have access to the Federal land until completion of construction for all purposes related to construction of facilities under this Act. (c) Administration of Land Acquired by United States.--Land acquired by the United States under this Act shall be governed by all laws applicable to the administration of national forest sites. (d) Wetland.-- (1) In general.--There shall be no construction of any facility after the date of conveyance of Federal land under this Act within any portion of the Federal parcel delineated on the map as ``wetlands''. (2) Deeds and conveyance documents.--A deed or other conveyance document executed by the Secretary in carrying out this Act shall contain such reservations as are necessary to preclude development of wetland on any portion of the Federal parcel.

Jackson Multi-Agency Campus Act of 1999 - Provides for the exchange of certain federally owned land in Wyoming by the Secretary of Agriculture to: (1) the Game and Fish Commission of Wyoming for certain State land to be used for construction of a multi-agency administrative facility (for use by specified Federal, State, and local agencies) for the Bridger-Teton National Forest; and (2) the town of Jackson, Wyoming, for construction of such facility.

Jackson Multi-Agency Campus Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Abduction Prevention Act of 2006''. SEC. 2. FINDINGS. Congress findings that-- (1) each year more than 203,000 children in the United States (approximately 78 percent of all abducted children) are abducted by a family member, usually a parent; (2) more than half of the parents who abduct their children have a history of alcohol or substance abuse, a criminal record, or a history of violence; (3) the most common motive for family abduction is revenge against the other parent, not protecting the child's safety; (4) children who are abducted by family members suffer emotional, psychological, and often physical abuse at the hands of their abductors; (5) children who are victims of family abductions are forced to leave behind family, friends, their homes, their neighborhoods, their schools, and all that is familiar to them; (6) children who are victims of family abductions are often told that the parent who did not abduct the child has died, does not love them, or will harm them; (7) children who are abducted by their parents or other family members are sometimes forced to live in fear of discovery and may be compelled to conceal their true identity, including their real names, family histories, and even their gender; (8) children who are victims of family abductions are often denied the opportunity to attend school or to receive health and dental care; (9) child psychologists and law enforcement authorities now classify family abduction as a form of child abuse; (10) approximately 70 percent of local law enforcement agencies do not have written guidelines for what to do in the event of a family abduction or how to facilitate the recovery of an abducted child; (11) the first few hours of a family abduction are crucial to recovering an abducted child, and valuable hours are lost when law enforcement is not prepared to employ the most effective techniques to locate and recover abducted children; (12) when parents who may be inclined to abduct their own children receive counseling and education on the harm suffered by children under these circumstances, the incidence of family abductions is greatly reduced; and (13) where practiced, the flagging of school records has proven to be an effective tool in assisting law enforcement authorities find abducted children. SEC. 3. DEFINITIONS. In this Act: (1) Family abduction.--The term ``family abduction'' means the taking, keeping, or concealing of a child or children by a parent, other family member, or person acting on behalf of the parent or family member, that prevents another individual from exercising lawful custody or visitation rights. (2) Flagging.--The term ``flagging'' means the process of notifying law enforcement authorities of the name and address of any person requesting the school records of an abducted child. (3) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (4) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any territory or possession of the United States, and any Indian tribe. SEC. 4. GRANTS TO STATES. (a) Matching Grants.--The Attorney General shall make grants to States for projects involving-- (1) the extradition of individuals suspected of committing a family abduction; (2) the investigation by State and local law enforcement agencies of family abduction cases; (3) the training of State and local law enforcement agencies in responding to family abductions and recovering abducted children, including the development of written guidelines and technical assistance; (4) outreach and media campaigns to educate parents on the dangers of family abductions; and (5) the flagging of school records. (b) Matching Requirement.--Not less than 50 percent of the cost of a project for which a grant is made under this section shall be provided by non-Federal sources. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this Act, there are authorized to be appropriated to the Attorney General $500,000 for fiscal year 2008, and such sums as may be necessary for each of fiscal years 2009 and 2010. Passed the Senate November 16, 2006. Attest: EMILY J. REYNOLDS, Secretary.

Family Abduction Prevention Act of 2006 - Directs the Attorney General to make grants to states for projects involving: (1) the extradition of individuals suspected of committing a family abduction; (2) the investigation by state and local law enforcement agencies of family abduction cases; (3) the training of such law enforcement agencies in responding to family abductions and recovering abducted children; (4) outreach and media campaigns to educate parents on the dangers of family abductions; and (5) the flagging (i.e., notifying law enforcement authorities of the name and address of any person requesting the school records of an abducted child) of school records. Defines "family abduction" as the taking, keeping, or concealing of a child by a parent or other family member to prevent another individual from exercising lawful custody or visitation rights. Requires that not less than 50% of the cost of a project for which a grant is made under this Act be provided by non-federal sources. Authorizes appropriations for FY2008-FY2010.

A bill to authorize the Attorney General to make grants to improve the ability of State and local governments to prevent the abduction of children by family members, and for other purposes.

SECTION 1. REPORTS ASSESSING THE IMPACT OF NAFTA ON JOBS AND THE ENVIRONMENT. (a) Report on Domestic Manufacturing and Jobs.--The Secretary of Commerce, after consultation with the appropriate government agencies, shall determine the levels of exports of United States manufactured goods to the NAFTA parties and imports into the United States of manufactured goods from NAFTA parties, and the number of jobs that have resulted from increased exports of manufactured goods to NAFTA parties and the loss of jobs that have resulted from increased imports into the United States of manufactured goods from NAFTA parties since January 1, 1994. The Secretary of Commerce shall submit to the Congress a report on the determinations made under this paragraph not later than 6 months after the date of the enactment of this Act. (b) Report Relating to Health and Environmental Impacts of NAFTA.-- The Administrator of the Environmental Protection Agency, in consultation with the Secretariat for the NAFTA Commission on Environmental Cooperation, shall conduct investigations of whether pollution and health hazards in the United States have worsened since January 1, 1994, to the extent they may be attributable to the implementation of NAFTA, and specifically in and around the United States-Mexico border and the United States-Canada border, and shall report to the Congress on the results of those investigations not later than 6 months after the date of the enactment of this Act. SEC. 2. PRESIDENTIAL CERTIFICATIONS. (a) Certifications Regarding Environmental Agreement.-- (1) Annual certifications.--The President shall, on the basis of the reports prepared under paragraph (2), submit to the Congress, not later than May 31 of each year, a report that certifies whether or not each NAFTA country is meeting commitments made in the North American Agreement on Environmental Cooperation-- (A) to ensure that the regulations of that country establish and enforce levels of environmental protection that meet the requirements of its constitution and other laws setting forth the country's policy on environmental protection; and (B) to effectively enforce the laws referred to in paragraph (1). (2) Basis of certification.--The Administrator of the Environmental Protection Agency shall prepare for the President an annual report on the enforcement by each NAFTA country of its laws governing environmental protection, and its progress in protecting the environment in accordance with its development. In doing so, the Administrator shall consider the country's-- (A) air quality standards; (B) water effluent standards; and (C) hazardous waste disposal standards. Each report under this paragraph shall be transmitted to the President not later than 30 days before the date on which the President is required to submit his report under paragraph (1). (b) Certifications Regarding Labor Agreement.-- (1) Annual certifications.--The President shall, on the basis of the reports prepared under paragraph (2), submit to the Congress, not later than May 31 of each year, a report that certifies whether or not each NAFTA country is meeting commitments made in the North American Agreement on Labor Cooperation to comply with the objectives of that Agreement to promote and improve laws protecting worker rights and to promote compliance with these laws by using appropriate methods such as-- (A) monitoring and on-site inspection by persons trained to do so; (B) encouragement of voluntary compliance by employers; (C) mandatory reporting by employers to appropriate governmental authorities; and (D) enforcement actions. (2) Basis of certification.--The Secretary of Labor shall prepare for the President an annual report on the enforcement by each NAFTA country of its laws protecting worker rights. In doing so, the Secretary shall consider the country's enforcement of such laws in accordance with the following labor principles (as stated in the Preamble of the North American Agreement on Labor Cooperation): (A) Freedom of association. (B) The right to bargain collectively. (C) The right to strike. (D) Prohibition on forced labor. (E) Restrictions on labor by children and young people. (F) Minimum employment standards. (G) Elimination of employment discrimination. (H) Equal pay for men and women. (I) Prevention of occupational accidents and diseases. (J) Compensation in cases of work accidents and occupational diseases. Each report under this paragraph shall be transmitted to the President not later than 30 days before the date on which the President is required to submit his report under paragraph (1). SEC. 3. DEFINITIONS. As used in this Act: (1) International financial institution.--The term ``international financial institution'' has the meaning given that term in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)). (2) NAFTA.--The term ``NAFTA'' means the North American Free Trade Agreement entered into by the United States, Canada, and Mexico on December 17, 1992. (3) NAFTA country.--The term ``NAFTA country'' has the meaning given that term in section 2(4) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)). (4) NAFTA party.--The term ``NAFTA party'' means the United States, Canada, or Mexico. (5) North american agreement on environmental cooperation.--The term ``North American Agreement on Environmental Cooperation'' has the meaning given that term in section 532(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3472(b)(2)). (6) North american agreement on labor cooperation.--The term ``North American Agreement on Labor Cooperation'' has the meaning given that term in section 531(b)(2) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3471(b)(2)).

Directs the Administrator of the Environmental Protection Agency to investigate, and report to the Congress on, whether pollution and health hazards in the United States have worsened since January 1, 1994, to the extent that may be attributable to NAFTA, and specifically in and around the U.S.-Mexico and the U.S.-Canada borders. Directs the President to certify annually to Congress whether or not each NAFTA country is meeting certain commitments made with respect to: (1) environmental protection in the North American Agreement on Environmental Cooperation; and (2) workers' rights in the North American Agreement on Labor Cooperation.

To assess the impact of the North American Free Trade Agreement on domestic job loss and the environment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Antitrust Restoration and Reform Act''. SEC. 2. AMENDMENT TO THE CLAYTON ACT. The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the end the following: ``SEC. 28. COMPETITION IN TELECOMMUNICATIONS SERVICES. ``(a) Application Prerequisite To Providing High Speed Data Service or Internet Backbone Service; Attorney General Reinstatement of Pro- Competitive Regulations.-- ``(1) Requirement to file application with attorney general of the united states.--A Bell operating company or an affiliate of a Bell operating company may not provide any interLATA service in any of its in-region States under the authority of any amendment to section 271 of the Communications Act of 1934 (47 U.S.C. 271) enacted after June 13, 2001-- ``(A) unless it files with the Attorney General of the United States an application to provide such service; and ``(B) until the Attorney General-- ``(i) approves such application before the expiration of the 90-day period beginning on the date such application is filed; or ``(ii) fails to approve or to disapprove such application during such 90-day period. ``(2) Authority of attorney general.--The Attorney General of the United States-- ``(A) may issue rules to establish requirements applicable to the form and contents of applications filed under paragraph (1); ``(B) may make recommendations to an applicant regarding-- ``(i) withdrawal of an application filed under paragraph (1); or ``(ii) filing of an application under paragraph (1), with or without modifications, subsequent to the withdrawal of an application filed under such paragraph; and ``(C) may not approve an application filed in compliance with this subsection if the Attorney General determines that the applicant-- ``(i) has monopoly power in the local exchange market; and ``(ii) is using or is likely to use its monopoly power in order to engage in exclusionary or other anticompetitive conduct. ``(3) Withdrawal of application.--An application filed under paragraph (1) may be withdrawn by the applicant at any time before the Attorney General approves or disapproves such application, but may not be modified after being filed. ``(4) Reinstatement of regulation.--If the Attorney General, sua sponte, determines that the conditions specified in paragraph (2)(C) have been met with respect to a Bell operating company or an affiliate of a Bell operating company, then the Attorney General may reinstate, as to such company or such affiliate, any Federal regulation in effect as of June 13, 2001, which the Attorney General determines was designed to protect against exclusionary conduct or other abusive monopoly power. ``(5) Exclusion.--Nothing in this subsection shall apply to two-percent carriers. ``(b) Continuing Operation of the Antitrust Laws.--The rights, obligations, powers, and remedies provided under the antitrust laws are in addition to, and are-- ``(1) not preempted by; ``(2) not inconsistent with; and ``(3) not incompatible with; any of the rights, obligations, powers, and remedies provided under the Communications Act of 1934 (47 U.S.C. 151 et seq.), under the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 56), or under any law amended by either such Act, regardless of the progress of competition in any market. ``(c) Definitions.--For purposes of this section: ``(1) Affiliate.--The term `affiliate' means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term `own' means to own an equity interest (or equivalent thereof) of more than 10 percent. ``(2) Bell operating company.--The term `Bell operating company' has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153). ``(3) In-region state.--The term `in-region State' has the meaning given to such term in section 271(i) of the Communications Act of 1934 (47 U.S.C. 271(i)). ``(4) InterLATA service.--The term `interLATA service' has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153). ``(5) Two-percent carrier.--The term `two-percent carrier' means an incumbent local exchange carrier within the meaning of section 251(h) of the Communications Act (47 U.S.C. 254(h)) whose access lines, when aggregated with the access lines of any local exchange carrier that such incumbent local exchange carrier directly or indirectly controls, is controlled by, or is under common control with, are fewer than two percent of the Nation's subscriber lines installed in the aggregate nationwide.''.

Broadband Antitrust Restoration and Reform Act - Amends the Clayton Act to prohibit a Bell operating company (BOC) or an affiliate thereof from providing interLATA service in any of its in-region States under the authority of any amendment to the Communications Act of 1934 enacted after June 13, 2001: (1) unless it files with the Attorney General an application to provide such service; and (2) until the Attorney General either approves or fails to act on such application within 90 days.Authorizes the Attorney General to issue rules to establish requirements applicable to the form and contents of applications, and to make recommendations regarding withdrawal of applications or the filing of an application subsequent to withdrawal.Prohibits the Attorney General from approving an application upon determining that the applicant: (1) has monopoly power in the local exchange market; and (2) is using or is likely to use its monopoly power in order to engage in exclusionary or other anti-competitive conduct. Authorizes the Attorney General, upon making such determination, to reinstate with respect to such applicant any Federal regulation in effect as of June 13, 2001, which the Attorney General determines was designed to protect against exclusionary conduct or other abusive monopoly power.

To ensure the application of the antitrust laws to local telephone monopolies, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Children's Hospitals Education and Research Act of 1998''. (b) Findings.--Congress finds the following: (1) Freestanding children's teaching hospitals receive almost no Federal graduate medical education funding. (2) Increasingly, Federal graduate medical education funding, through the medicare program, has become the major source of support for the academic missions of all teaching hospitals as the medical marketplace has led to a growing inability to gain such support from other payers. (3) With few medicare patients, these children's teaching hospitals receive less than $400 in Federal funds for each medical resident they train, while other teaching hospitals receive on average more than $79,000 for each resident they train, creating a very serious inequity in the competitive market for these children's hospitals. (4) Children's teaching hospitals make an essential contribution to training our children's doctors. Although less than one percent of all hospitals, they train 5 percent of all physicians, 25 percent of all pediatricians, and the majority of most pediatric specialists. (5) They serve as regional and national pediatric referral centers and provide research discoveries and technological advancements which benefit all children, conducting along with their affiliated departments of pediatrics almost 20 percent of all pediatric research sponsored by the National Institutes of Health. (6) Their ability to sustain their academic and patient care missions is increasingly threatened by the lack of graduate medical education funding, which represents the major source of shortfall between patient costs and patient revenues for many children's hospitals with significant teaching programs, even as these hospital strive to reduce their costs. SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS. (a) Payments.--The Secretary shall make payment under this section to each children's hospital for each hospital cost reporting period beginning during fiscal year 1999 or fiscal year 2000 for the direct and indirect expenses associated with operating approved medical residency training programs. (b) Amount of Payment.-- (1) In general.--Subject to paragraph (3), the amount payable under this section to a children's hospital for direct and indirect expenses relating to approved medical residency training programs for a cost reporting period is equal to the product of-- (A) the per resident rate, as determined under paragraph (2); and (B) the weighted average number of full-time equivalent residents in the hospital's approved medical residency training programs (as determined under section 1886(h)(4) of the Social Security Act) for the cost reporting period. (2) Per resident rate.-- (A) In general.--The per resident rate under this paragraph for a cost reporting period is equal to the sum of the direct medical education component (computed under subparagraph (B)), and the indirect medical education component (computed under subparagraph (C)(iii). (B) Direct medical education component.--The Secretary shall compute the direct medical education component described in this subparagraph for a hospital as follows: (i) Computation of base national dme average per resident rate.--The Secretary shall compute a base national DME average per resident rate equal to the simple average of the per resident rates computed under section 1886(h)(2) of the Social Security Act for cost reporting periods ending during fiscal year 1997. (ii) Updating rate.--The Secretary shall update such rate by the estimated percentage increase in the consumer price index for all urban consumers during the period beginning October 1997 and ending with the midpoint of the hospital's cost reporting period that begins during fiscal year 1999. (iii) Adjustment for variations in labor- related costs.--For each hospital the Secretary shall adjust the portion of such updated rate that is related to labor and labor-related costs to account for variations in wage costs in the geographic area in which the hospital is located using the factor determined under section 1886(d)(4)(E) of the Social Security Act for discharges occurring during fiscal year 1998. (iv) Direct medical education component.-- The direct medical education component described in this subparagraph for a hospital is the updated rate, computed under clause (ii), as adjusted under clause (iii) for the hospital. (C) Indirect medical education component.--The Secretary shall compute the indirect medical education component described in this subparagraph for a hospital as follows: (i) Computation of hospital average ime per resident payments.--The Secretary shall determine, for each hospital with a graduate medical education program which is paid under section 1886(d) of the Social Security Act, the amount paid to that hospital pursuant to section 1886(d)(5)(B) of such Act for its cost reporting period ending during fiscal year 1997, and shall divide such amount by the number of FTE residents participating in its approved residency programs and used to calculate the amount of payment under such section in that cost reporting period. (ii) Computing national average.--The Secretary shall take the sum of the amounts determined under clause (i) for all the hospitals described in such clause and divide that sum by the number of hospitals so described. (iii) Updating.--The Secretary shall update the amount computed under clause (ii) for a hospital by applicable percentage increase (as defined in section 1886(b)(3)(B)(i) of the Social Security Act) during the period between October 1997 and ending with the midpoint of the hospital's cost reporting period that begins during fiscal year 1999. (iv) Indirect medical education component.--The indirect medical education component described in this subparagraph for a hospital is the average computed under clause (ii), updated under clause (iii). (3) Pro rata reductions.--If the Secretary determines that the amount of funds provided under subsection (d) for cost reporting periods ending in a fiscal year is insufficient to provide the total amount of payments otherwise due for such periods, the Secretary shall reduce the amount payable under this section for such period on a pro rata basis to the extent to assure that the aggregate of such payments does not exceed the amount of funds provided under subsection (d) for such cost reporting periods. (c) Making of Payments.-- (1) Interim payments.--The Secretary shall estimate, before the beginning of each cost reporting period for a hospital for which a payment may be made under this section, the amount of payment to be made under this section to the hospital for such period and shall make payment, in 26 equal interim installments during such period, of the amounts obligated to be paid. (2) Final payment.--At the end of each such period, the hospital shall submit to the Secretary such information as the Secretary determines to be necessary to determine the final payment amount due under this section for the hospital for the period. Based on such determination, the Secretary shall recoup any overpayments made, or payment balances due. The final amount so determined shall be considered a final intermediary determination for purposes of applying section 1878 of the Social Security Act and shall be subject to review under that section in the same manner as the amount of payment under section 1886(d) of such Act is subject to review under such section. (d) Limitation on Expenditures.-- (1) In general.--Subject to paragraph (2), there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for payments under this section for cost reporting periods ending in each of fiscal years 1999 and 2000 $285,000,000. (2) Carryover of excess.--If the amount of payments under this section for cost reporting periods ending in fiscal year 1999 is less than the amount provided under this subsection for such payments for such periods, then the amount available under this subsection for cost reporting periods ending in fiscal year 2000 shall be increased by the amount of such difference. (e) Relation to Medicare and Medicaid Payments.--Notwithstanding any other provision of law, payments under this section to a hospital for a cost reporting period-- (1) are in lieu of any amounts otherwise payable to the hospital under section 1886(h) or 1886(d)(5)(F) of the Social Security Act to the hospital for such cost reporting period, but (2) shall not affect the amounts otherwise payable to such hospitals under a State medicaid plan under title XIX of such Act. (f) Definitions.--In this section: (1) Approved medical residency training program.--The term ``approved medical residency training program'' has the meaning given such term in section 1886(h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A)). (2) Children's hospital.--The term ``children's hospital'' means a hospital described in section 1886(d)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iii)). (3) Direct graduate medical education costs.--The term ``direct graduate medical education costs'' has the meaning given such term in section 1886(h)(5)(C) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(C)). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Children's Hospitals Education and Research Act of 1998 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period beginning during FY 1999 or 2000 for the direct and indirect expenses associated with operating approved medical residency training programs. States that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid plan. Makes appropriations for such payments for such fiscal years.

Children's Hospitals Education and Research Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Education Opportunity Act''. SEC. 2. PURPOSE. The purpose of this Act is to provide an additional education option in certain States for Native American students served by schools funded by the Bureau of Indian Affairs. SEC. 3. NATIVE AMERICAN EDUCATION OPPORTUNITY PROGRAM. Part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is amended-- (1) by redesignating section 1141 as section 1142; and (2) by inserting after section 1140 the following: ``SEC. 1141. BUREAU FUNDING OF STATE-BASED EDUCATION SAVINGS ACCOUNT PROGRAMS. ``(a) Program Authorized.-- ``(1) Bureau reimbursements.--From amounts made available to carry out sections 1127 and 1130, the Secretary shall, for the 2017-2018 school year and each subsequent school year, reimburse a State with an education savings account program for each grant that the State has made to an education savings account for an ESA eligible student for such school year, in accordance with subsection (b). ``(2) Applicability.--This section shall apply with respect to ESA eligible students who have submitted their application for an education savings account program to the State in which the student lives or in which the reservation of the student is located (as the case may be) on or after January 1, 2017. ``(b) Amount of Reimbursements.-- ``(1) Amount.--The amount of the reimbursement made by the Secretary under this subsection for an ESA eligible student participating in an education savings account program for a school year shall be the lesser of-- ``(A) the amount of the grant provided by the State for the education savings account of the ESA eligible student for the applicable school year; and ``(B) 90 percent of the amount that the Secretary would provide to a Bureau-funded school on behalf of such student for the applicable school year under sections 1127 and 1130. ``(2) Notification to states if additional reimbursement is available.--In any case where the reimbursement available for an ESA eligible student for a school year exceeds the amount of the grant provided by the State under the education savings account program, the Secretary shall notify the State of the higher amount of reimbursement that the student could have qualified for under paragraph (1)(B) for such school year. ``(3) Timing of reimbursements.-- ``(A) Notification.--A State that provides an education savings account program grant to an ESA eligible student and desires a reimbursement under this subsection shall submit a request for reimbursement and notify the Secretary that includes the amount of the grant. ``(B) Reimbursement.--Not later than 30 days after the Secretary receives a request for reimbursement under subparagraph (A) from a State, the Secretary will reimburse a State for the grant. ``(4) Return of overpayments.--A State shall return to the Secretary any overpayment made to the State under this section by not later than 30 days after the final determination that the State was overpaid pursuant to this section. ``(c) Affect on Allotments.-- ``(1) In general.--For purposes of any calculation regarding the total number of eligible Indian students under section 1127, the Secretary shall include all ESA eligible students who participate in an education savings account program. ``(2) Availability of remainder.--In any case where the reimbursement provided by the Secretary under subsection (b)(1) is less than the amount that would be provided for the student under subsection (b)(1)(B), the remaining amount shall remain available to the Secretary to be used in accordance with this part. ``(d) Information.--The Secretary shall work with Bureau-funded schools located in each State with an education savings account program to inform all parents of ESA eligible students about the education savings account program of the State and the students' opportunity to participate in the program. ``(e) Rule of Construction.--The reimbursement provided through an education savings account program on behalf of an ESA eligible student under this section shall be considered assistance to the student and shall not be considered assistance to a school that enrolls the eligible student or any other educational service provider from which the eligible student receives services. The amounts provided on behalf of an ESA eligible student under this section shall not be treated as income of the parents for purposes of Federal tax laws or for determining eligibility for any other Federal program. ``(f) Definitions.--In this section: ``(1) ESA eligible student.-- ``(A) In general.--The term `ESA eligible student' means an individual who-- ``(i) is-- ``(I) an elementary school or secondary school student who attended a Bureau-funded school in the semester preceding the date on which the student first applies for an education savings account program; or ``(II) a child who will be eligible to attend a Bureau-funded school for kindergarten or any other elementary school grade in the next semester that will start after the date on which the student first applies for an education savings account program; ``(ii) lives on the reservation of a tribe; ``(iii) will not be attending a Bureau- funded school, or other public elementary school or secondary school, for the school year for which the student is participating in an education savings account program of a State; and ``(iv) meets any eligibility requirements of the State education savings account program in which the student will participate. ``(B) Period of eligibility.--A student who meets the requirements of clause (i) of subparagraph (A) for a school year shall be deemed to meet the requirements of such clause until the date on which the student graduates high school or reaches the age of 21 years, whichever occurs first. ``(2) Education savings account program.--The term `education savings account program' means an educational option offered in a State to families of elementary and secondary school students in which the State provides a grant to an account controlled by a parent from which the parent may purchase goods and services needed for the education of the student. ``(3) Parent.--The term `parent' means a parent, guardian, custodian, or other person-- ``(A) with the authority to act on behalf of an ESA eligible student; and ``(B) who is a resident of the State where the ESA eligible student resides.''.

Native American Education Opportunity Act This bill amends the Education Amendments of 1978 to require the Bureau of Indian Affairs (BIA) to reimburse states for grants made to education savings accounts for eligible students who: (1) attended or will be eligible to attend a BIA-funded school, (2) live on the reservation of a tribe, (3) will not be attending a BIA-funded school or other public elementary or secondary school for the applicable school year, and (4) meet applicable eligibility requirements. From education savings accounts, parents may purchase goods and services related to students' educational needs.

Native American Education Opportunity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Lending Act Amendments of 1995''. SEC. 2. CERTAIN CHARGES. (a) Third Party Fees.--Section 106(a) of the Truth in Lending Act (15 U.S.C. 1605(a)) is amended by adding after the 2d sentence the following new sentence: ``The finance charge shall not include fees and amounts imposed by third party closing agents (including settlement agents, attorneys, and escrow and title companies) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges.''. (b) Borrower-Paid Mortgage Broker Fees.-- (1) Inclusion in finance charge.--Section 106(a) of the Truth in Lending Act (15 U.S.C. 1605(a)) is amended by adding at the end the following new paragraph: ``(6) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender (for delivery to the broker) whether such fees are paid in cash or financed.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the earlier of-- (A) 60 days after the date on which the Board of Governors of the Federal Reserve System issues final regulations under paragraph (3); or (B) the date that is 12 months after the date of the enactment of this Act. (3) Regulations implementing borrower-paid mortgage broker fees.--The Board of Governors of the Federal Reserve System shall promulgate regulations implementing the amendment made by paragraph (1) by no later than 6 months after the date of the enactment of this Act. (c) Taxes on Security Instruments or Evidences of Indebtedness.-- Section 106(d) of the Truth in Lending Act (15 U.S.C. 1605(d)) is amended by adding at the end the following new paragraph: ``(3) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness.''. (d) Preparation of Loan Documents.--Section 106(e)(2) of the Truth in Lending Act (15 U.S.C. 1605(e)(2)) is amended to read as follows: ``(2) Fees for preparation of loan-related documents.''. (e) Fees Relating to Pest Infestations, Inspections, and Hazards.-- Section 106(e)(5) of the Truth in Lending Act (15 U.S.C. 1605(e)(5)) is amended by inserting ``, including fees related to any pest infestation or flood hazard inspections conducted prior to closing'' before the period. (f) Ensuring Finance Charges Reflect Cost of Credit.-- (1) Report.-- (A) In general.--Not later than 6 months after the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall submit to the Congress a report containing recommendations on any regulatory or statutory changes necessary-- (i) to ensure that finance charges imposed in connection with consumer credit transactions more accurately reflect the cost of providing credit; and (ii) to address abusive refinancing practices engaged in for the purpose of avoiding rescission. (B) Report requirements.--In preparing the report under this paragraph, the Board shall-- (i) consider the extent to which it is feasible to include in finance charges all charges payable directly or indirectly by the consumer to whom credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit (especially those charges excluded from finance charges under section 106 of the Truth in Lending Act as of the date of the enactment of this Act), excepting only those charges which are payable in a comparable cash transaction; and (ii) consult with and consider the views of affected industries and consumer groups. (2) Regulations.--The Board of Governors of the Federal Reserve System shall prescribe any appropriate regulation in order to effect any change included in the report under paragraph (1), and shall publish the regulation in the Federal Register before the end of the 1-year period beginning on the date of enactment of this Act. SEC. 3. TOLERANCES; BASIS OF DISCLOSURES. (a) Tolerances for Accuracy.--Section 106 of the Truth in Lending Act (15 U.S.C. 1605) is amended by adding at the end the following new subsection: ``(f) Tolerances for Accuracy.--In connection with credit transactions not under an open end credit plan that are secured by real property or a dwelling, the disclosure of the finance charge and other disclosures affected by any finance charge-- ``(1) shall be treated as being accurate for purposes of this title if the amount disclosed as the finance charge-- ``(A) does not vary from the actual finance charge by more than $100; or ``(B) is greater than the amount required to be disclosed under this title; and ``(2) shall be treated as being accurate for purposes of section 125 if-- ``(A) except as provided in subparagraph (B), the amount disclosed as the finance charge does not vary from the actual finance charge by more than an amount equal to one-half of one percent of the total amount of credit extended; or ``(B) in the case of a transaction, other than a mortgage referred to in section 103(aa), which-- ``(i) is a refinancing of the principal balance then due and any accrued and unpaid finance charges of a residential mortgage transaction as defined in section 103(w), or is any subsequent refinancing of such a transaction; and ``(ii) does not provide any new consolidation or new advance; if the amount disclosed as the finance charge does not vary from the actual finance charge by more than an amount equal to one percent of the total amount of credit extended.''. (b) Basis of Disclosure for Per Diem Interest.--Section 121(c) of the Truth in Lending Act (15 U.S.C. 1631(c)) is amended by adding at the end the following new sentence: ``In the case of any consumer credit transaction a portion of the interest on which is determined on a per diem basis and is to be collected upon the consummation of such transaction, any disclosure with respect to such portion of interest shall be deemed to be accurate for purposes of this title if the disclosure is based on information actually known to the creditor at the time that the disclosure documents are being prepared for the consummation of the transaction.''. SEC. 4. LIMITATION ON LIABILITY. (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following new section: ``SEC. 139. CERTAIN LIMITATIONS ON LIABILITY. ``(a) Limitations on Liability.--For any consumer credit transaction subject to this title that is consummated before the date of the enactment of the Truth in Lending Act Amendments of 1995, a creditor or any assignee of a creditor shall have no civil, administrative, or criminal liability under this title for, and a consumer shall have no extended rescission rights under section 125(f) with respect to-- ``(1) the creditor's treatment, for disclosure purposes, of-- ``(A) taxes described in section 106(d)(3); ``(B) fees described in section 106(e)(2) and (5); ``(C) fees and amounts referred to in the 3rd sentence of section 106(a); or ``(D) borrower-paid mortgage broker fees referred to in section 106(a)(6); ``(2) the form of written notice used by the creditor to inform the obligor of the rights of the obligor under section 125 if the creditor provided the obligor with a properly dated form of written notice published and adopted by the Board or a comparable written notice, and otherwise complied with all the requirements of this section regarding notice; or ``(3) any disclosure relating to the finance charge imposed with respect to the transaction if the amount or percentage actually disclosed-- ``(A) may be treated as accurate for purposes of this title if the amount disclosed as the finance charge does not vary from the actual finance charge by more than $200; ``(B) may, under section 106(f)(2), be treated as accurate for purposes of section 125; or ``(C) is greater than the amount or percentage required to be disclosed under this title. ``(b) Exceptions.--Subsection (a) shall not apply to-- ``(1) any individual action or counterclaim brought under this title which was filed before June 1, 1995; ``(2) any class action brought under this title for which a final order certifying a class was entered before January 1, 1995; ``(3) the named individual plaintiffs in any class action brought under this title which was filed before June 1, 1995; or ``(4) any consumer credit transaction with respect to which a timely notice of rescission was sent to the creditor before June 1, 1995.''. (b) Clerical Amendment.--The table of sections for chapter 2 of the Truth in Lending Act is amended by inserting after the item relating to section 138 the following new item: ``139. Certain limitations on liability.''. SEC. 5. LIMITATION ON RESCISSION LIABILITY. Section 125 of the Truth in Lending Act (15 U.S.C. 1635) is further amended by adding at the end the following new subsection: ``(h) Limitation on Rescission.--An obligor shall have no rescission rights arising solely from the form of written notice used by the creditor to inform the obligor of the rights of the obligor under this section, if the creditor provided the obligor the appropriate form of written notice published and adopted by the Board, or a comparable written notice of the rights of the obligor, that was properly completed by the creditor, and otherwise complied with all other requirements of this section regarding notice.''. SEC. 6. CALCULATION OF DAMAGES. Section 130(a)(2)(A) of the Truth in Lending Act (15 U.S.C. 1640(a)(2)(A)) is amended-- (1) by striking ``or (ii)'' and inserting ``(ii)''; and (2) by inserting before the semicolon at the end the following: ``, or (iii) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than $200 or greater than $2,000''. SEC. 7. ASSIGNEE LIABILITY. (a) Violations Apparent on the Face of Transaction Documents.-- Section 131 of the Truth in Lending Act (15 U.S.C. 1641) is amended by adding at the end the following new subsection: ``(e) Liability of Assignee for Consumer Credit Transactions Secured by Real Property.-- ``(1) In general.--Except as otherwise specifically provided in this title, any civil action against a creditor for a violation of this title, and any proceeding under section 108 against a creditor, with respect to a consumer credit transaction secured by real property may be maintained against any assignee of such creditor only if-- ``(A) the violation for which such action or proceeding is brought is apparent on the face of the disclosure statement provided in connection with such transaction pursuant to this title; and ``(B) the assignment to the assignee was voluntary. ``(2) Violation apparent on the face of the disclosure described.--For the purpose of this section, a violation is apparent on the face of the disclosure statement if-- ``(A) the disclosure can be determined to be incomplete or inaccurate by a comparison among the disclosure statement, any itemization of the amount financed, the note, or any other disclosure of disbursement; or ``(B) the disclosure statement does not use the terms or format required to be used by this title.''. (b) Servicer Not Treated as Assignee.--Section 131 of the Truth in Lending Act (15 U.S.C. 1641) is further amended by adding after subsection (e) (as added by subsection (a) of this section) the following new subsection: ``(f) Treatment of Servicer.-- ``(1) In general.--A servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of such obligation for purposes of this section unless the servicer is or was the owner of the obligation. ``(2) Servicer not treated as owner on basis of assignment for administrative convenience.--A servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as the owner of the obligation for purposes of this section on the basis of an assignment of the obligation from the creditor or another assignee to the servicer solely for the administrative convenience of the servicer in servicing the obligation. Upon written request by the obligor, the servicer shall provide the obligor, to the best knowledge of the servicer, with the name, address, and telephone number of the owner of the obligation or the master servicer of the obligation. ``(3) Servicer defined.--For purposes of this subsection, the term `servicer' has the same meaning as in section 6(i)(2) of the Real Estate Settlement Procedures Act of 1974. ``(4) Applicability.--This subsection shall apply to all consumer credit transactions in existence or consummated on or after the date of the enactment of the Truth in Lending Act Amendments of 1995.''. SEC. 8. RESCISSION RIGHTS IN FORECLOSURE. Section 125 of the Truth in Lending Act (15 U.S.C. 1635) is amended by inserting after subsection (h) (as added by section 5 of this Act) the following new subsection: ``(i) Rescission Rights in Foreclosure.-- ``(1) In general.--Notwithstanding section 139, and subject to the time period provided in subsection (f), in addition to any other right of rescission available under this section for a transaction, after the initiation of any judicial or nonjudicial foreclosure process on the primary dwelling of an obligor securing an extension of credit, the obligor shall have a right to rescind the transaction equivalent to other rescission rights provided by this section, if-- ``(A) a mortgage broker fee is not included in the finance charge in accordance with the laws and regulations in effect at the time the consumer credit transaction was consummated; or ``(B) the form of notice of rescission for the transaction is not the appropriate form of written notice published and adopted by the Board or a comparable written notice, and otherwise complied with all the requirements of this section regarding notice. ``(2) Tolerance for disclosures.--Notwithstanding section 106(f), and subject to the time period provided in subsection (f), for the purposes of exercising any rescission rights after the initiation of any judicial or nonjudicial foreclosure process on the principal dwelling of the obligor securing an extension of credit, the disclosure of the finance charge and other disclosures affected by any finance charge shall be treated as being accurate for purposes of this section if the amount disclosed as the finance charge does not vary from the actual finance charge by more than $35 or is greater than the amount required to be disclosed under this title. ``(3) Right of recoupment under state law.--Nothing in this subsection affects a consumer's right of rescission in recoupment under State law. ``(4) Applicability.--This subsection shall apply to all consumer credit transactions in existence or consummated on or after the date of the enactment of the Truth in Lending Act Amendments of 1995.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Truth in Lending Act Amendments of 1995 - Amends the Truth in Lending Act (TILA) to exclude from the determination of finance charge for any consumer credit transaction fees imposed by third party closing agents, including settlement agents, attorneys, escrow and title companies, that are neither required nor retained by the creditor (thereby exempting such fees from TILA disclosure requirements). Modifies the determination of finance charge to include borrower-paid mortgage broker fees. Exempts from the required computation of finance charge: (1) certain taxes on security instruments or evidences of indebtedness if they are a prerequisite for recordation; (2) fees for loan document preparation; and (3) appraisal fees related to pest infestations and flood hazard inspections. Instructs the Board of Governors of the Federal Reserve System to report to the Congress on statutory or regulatory changes necessary to: (1) ensure that finance charges more accurately reflect the cost of credit; and (2) address abusive refinancing practices intended to avoid rescission. (Sec.3) Permits finance charge disclosures to vary within specified accuracy tolerance limits for certain consumer credit transactions secured by real property or a dwelling. Sets disclosure accuracy guidelines for per diem interest rate disclosures on consumer credit transactions. (Sec. 4) Shields a creditor or assignee, except in certain kinds of actions, from liability in connection with disclosures of: (1) certain fees, taxes, and charges; and (2) finance charges that fall within certain statutory tolerance limits. (Sec. 5) Restricts rescission liability arising from the form of written notice used by the creditor. (Sec. 6) Provides for damages ranging from $200 to $2,000 for an individual consumer credit transaction not under an open end credit plan that is secured by real property or a dwelling. (Sec. 7) Modifies assignee liability guidelines to: (1) apply them to consumer credit transactions secured by real property; and (2) provide that a violation is apparent on the face of the disclosure statement if the disclosure does not use the format required by law. States that the servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of an obligation unless the servicer owns it. (Sec. 8) Identifies circumstances under which a consumer has a right to rescind a consumer credit transaction after the initiation of any judicial or nonjudicial foreclosure process on the consumer's primary dwelling securing the debt.

Truth in Lending Act Amendments of 1995

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Stop Counterfeiting in Manufactured Goods Act''. (b) Findings.--The Congress finds that-- (1) the United States economy is losing millions of dollars in tax revenue and tens of thousands of jobs because of the manufacture, distribution, and sale of counterfeit goods; (2) the International Chamber of Commerce estimates that seven percent of world trade is in counterfeit manufactured goods, and the counterfeit market is worth $350,000,000,000; (3) counterfeit automobile parts, including brake pads, cost the auto industry alone billions of dollars in lost sales each year; (4) counterfeit products have invaded numerous industries including those producing auto parts, electrical appliances, medicines, tools, toys, office equipment, clothing, and many other products; (5) ties have been established between counterfeiting and terrorist organizations that use the sale of counterfeit goods to raise and launder money; (6) ongoing counterfeiting of manufactured goods poses a widespread threat to public health and safety; and (7) strong domestic criminal remedies against counterfeiting will permit the United States to seek stronger anticounterfeiting provisions in bilateral and international agreements with trading partners. SEC. 2. TRAFFICKING IN COUNTERFEIT MARKS. Section 2320 of title 18, United States Code, is amended as follows: (1) Subsection (a) is amended by inserting after ``such goods or services'' the following: ``or intentionally traffics or attempts to traffic in counterfeit marks''. (2) Subsection (b) is amended to read as follows: ``(b)(1) Upon a determination by a preponderance of the evidence that any articles in the possession of a defendant in a prosecution under this section bear or are counterfeit marks, the court shall order the forfeiture and destruction of such articles, regardless of the criminal culpability of the defendant. ``(2) The court, in imposing a sentence upon a person convicted of a violation of this section, or upon a person who pleads guilty or nolo contendre to a violation of this section, shall order, in addition to any other sentence imposed, that the person forfeit to the United States-- ``(A) any property constituting or derived from any proceeds the person obtained, directly or indirectly, as the result of such violation; and ``(B) any of the person's property used, or intended to be used, in any manner or part, to commit, facilitate, aid, or abet the commission of such violation, if the court in its discretion so determines, taking into account the nature, scope, and proportionality of the use of the property in the offense. ``(3) When a person is convicted of a violation of this section, or pleads guilty or nolo contendre to a violation of this section, the court, pursuant to sections 3556, 3663A(c)(1)(A)(ii), and 3664, shall order the person to pay restitution to the owner of the mark and any other victim of the offense. ``(4) The term `victim', as used in paragraph (3), shall have the meaning given that term in section 3663A(a)(2).''. (3) Subsection (e)(1) is amended-- (A) in subparagraph (A)(iii), by striking ``or'' after the semicolon; and (B) by inserting after subparagraph (B) the following: ``(C) a spurious mark-- ``(i) that is identical with, or substantially indistinguishable from, a mark registered on the principal register in the United States Patent and Trademark Office under section 1 of the Lanham Act and in use, whether or not the defendant knew such mark was so registered; and ``(ii) that is applied to or consists of a label, patch, sticker, wrapper, badge, emblem, medallion, charm, box, container, can, case, hangtag, documentation, or packaging of any type or nature that is designed to be affixed to, distributed with, consist of, or otherwise accompany goods or services; or ``(D) a spurious mark-- ``(i) that is used in connection with the trafficking of goods or services; and ``(ii) that is identical with, or substantially indistinguishable from, a famous mark that is registered on the principal register in the United States Patent and Trademark Office under section 1 of the Lanham Act and in use, regardless of the goods or services or class of goods or services for which the famous mark is registered, and regardless of whether or not the defendant knew such mark was so registered and famous;''. (4) Section 2320 is further amended-- (A) by redesignating subsection (f) as subsection (g); and (B) by inserting after subsection (e) the following: ``(f)(1) In determining whether a particular mark is a `famous mark' under this section, the court may consider information, data, testimony, and documentation regarding factors such as, but not limited to-- ``(A) the degree of inherent or acquired distinctiveness of the mark; ``(B) the duration and extent of use of the mark; ``(C) the duration and extent of advertising and publicity of the mark; ``(D) the geographical extent of the trading area in which the mark is used; ``(E) the channels of trade in which the mark is used; ``(F) the degree of general public recognition of the mark; ``(G) the nature and extent of use of the same or similar marks by third parties; ``(H) survey evidence; and ``(I) the record of successful criminal, civil, or administrative enforcement of rights in the mark, including, in particular, the extent to which the mark has been recognized as being famous by Federal or State courts or administrative authorities. ``(2) In order to qualify as a famous mark under this section, the mark must be registered on the principal register of the United States Patent and Trademark Office under section 1 of the Lanham Act. ``(3) The United States shall bear both the burden of proof and persuasion with respect to the determination of whether a particular mark is a famous mark under this section. Evidence, in the form of a certified copy of a published court or administrative opinion, of a prior determination, on the merits, by a Federal or State court or administrative authority, holding that a particular mark is a famous mark (regardless of whether the proceedings leading to the determination were civil, criminal, or administrative in nature), shall create a rebuttable presumption that the mark in question is a famous mark. ``(4) A person may not be prosecuted under this section by virtue of a mark that is a counterfeit mark if the person has, or is the agent or employee of a legal entity that has, lawfully registered that mark on the principal register of the United States Patent and Trademark Office under section 1 of the Lanham Act and that registration is valid at the time of the alleged offense.''.

Stop Counterfeiting in Manufactured Goods Act - Modifies Federal criminal code provisions regarding trafficking in counterfeit goods or services to prohibit trafficking in counterfeit marks. Directs the court: (1) upon a determination by a preponderance of the evidence that any articles in a defendant's possession bear or are counterfeit marks, to order the forfeiture and destruction of such articles, regardless of the defendant's criminal culpability; and (2) in imposing sentence, to order a person convicted of, or who pleads guilty or nolo contendre to, a violation to forfeit any property derived from proceeds of, or used in the commission of, the violation. Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to, or consists of, a label, patch or medallion. Authorizes the court, in determining whether a particular mark is a "famous mark," to consider information, data, testimony, and documentation regarding specified factors, such as the degree of inherent or acquired distinctiveness and the degree of general public recognition of the mark, and the record of successful criminal, civil, or administrative enforcement of rights in the mark. Places upon the United States the burden of proof and persuasion regarding the determination of whether a particular mark is a famous mark. Prohibits prosecution of a person by virtue of a counterfeit mark that has been lawfully registered and that is valid at the time of the alleged offense.

To amend title 18, United States Code, to provide criminal penalties for trafficking in counterfeit marks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``El Camino Real de los Tejas National Historic Trail Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) El Camino Real de los Tejas (the Royal Road to the Tejas), served as the primary route between the Spanish viceregal capital of Mexico City and the Spanish provincial capital of Tejas at Los Adaes (1721-1773) and San Antonio (1773-1821); (2) the seventeenth, eighteenth, and early nineteenth century rivalries among the European colonial powers of Spain, France, and England and after their independence, Mexico and the United States, for dominion over lands fronting the Gulf of Mexico, were played out along the evolving travel routes in this immense area; (3) the future of several American Indian nations, whose prehistoric trails were later used by the Spaniards for exploration and colonization, was tied to these larger forces and events and the nations were fully involved in and affected by the complex cultural interactions that ensued; (4) the Old San Antonio Road was a series of routes established in the early 19th century sharing the same corridor and some routes of El Camino Real, and carried American immigrants from the east, contributing to the formation of the Republic of Texas, and its annexation to the United States; (5) the exploration, conquest, colonization, settlement, migration, military occupation, religious conversion, and cultural exchange that occurred in a large area of the borderland was facilitated by El Camino Real de los Tejas as it carried Spanish and Mexican influences northeastward, and by its successor, the Old San Antonio Road, which carried American influence westward, during a historic period which extended from 1689 to 1850; and (6) the portions of El Camino Real de los Tejas in what is now the United States extended from the Rio Grande near Eagle Pass and Laredo, Texas and involved routes that changed through time, that total almost 2,600 miles in combined length, generally coursing northeasterly through San Antonio, Bastrop, Nacogdoches, and San Augustine in Texas to Natchitoches, Louisiana, a general corridor distance of 550 miles. SEC. 3. AUTHORIZATION AND ADMINISTRATION. Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a) is amended as follows: (1) By designating the paragraph relating to the Ala Kahakai National Historic Trail as paragraph (21). (2) By adding at the end the following: ``(23) El camino real de los tejas.-- ``(A) In general.--El Camino Real de los Tejas (The Royal Road to the Tejas) National Historic Trail, a combination of routes totaling 2,580 miles in length from the Rio Grande near Eagle Pass and Laredo, Texas to Natchitoches, Louisiana, and including the Old San Antonio Road, as generally depicted on the maps entitled `El Camino Real de los Tejas', contained in the report prepared pursuant to subsection (b) entitled `National Historic Trail Feasibility Study and Environmental Assessment: El Camino Real de los Tejas, Texas-Louisiana', dated July 1998. A map generally depicting the trail shall be on file and available for public inspection in the Office of the National Park Service, Department of the Interior. The trail shall be administered by the Secretary of the Interior. ``(B) Coordination of activities.--The Secretary of the Interior may coordinate with United States and Mexican public and non-governmental organizations, academic institutions, and, in consultation with the Secretary of State, the Government of Mexico and its political subdivisions, for the purpose of exchanging trail information and research, fostering trail preservation and educational programs, providing technical assistance, and working to establish an international historic trail with complementary preservation and education programs in each nation.''. SEC. 4. PRIVATE PROPERTY RIGHTS PROTECTION. Designation of El Camino Real de los Tejas under this Act does not itself confer any additional authority to apply other existing Federal laws and regulations on non-Federal lands along the trail. Laws or regulations requiring public entities and agencies to take into consideration a national historic trail shall continue to apply notwithstanding the foregoing. On non-Federal lands, the national historic trail shall be established only when landowners voluntarily request certification of their sites and segments of the trail consistent with section 3(a)(3) of the National Trails System Act. Notwithstanding section 7(g) of such Act, the United States is authorized to acquire privately-owned real property or an interest in such property for purposes of the trail only with the willing consent of the owner of such property and shall have no authority to condemn or otherwise appropriate privately-owned real property or an interest in such property for the purposes of El Camino Real de los Tejas National Historic Trail. Passed the House of Representatives September 10, 2001. Attest: JEFF TRANDAHL, Clerk.

El Camino Real de los Tejas National Historic Trail Act of 2001 - Amends the National Trails System Act to designate El Camino Real de los Tejas (from near Eagle Pass and Laredo, Texas, to Natchitoches, Louisiana) as a National Historic Trail. Sets forth protections for private property owners, including that privately-owned real property or property interests may be acquired only with the owner's willing consent.

To amend the National Trails System Act to designate El Camino Real de los Tejas as a National Historic Trail.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mailing Support to Troops Act of 2004''. SEC. 2. FREE MAILING PRIVILEGES. Chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 3407. Free postage for personal correspondence and parcels sent by family members to members of the Armed Forces of the United States serving in Iraq or Afghanistan ``(a) In General.--Any mail matter to which this section applies may be mailed free of postage if such mail matter-- ``(1) is addressed to an individual who-- ``(A) is a member of the Armed Forces of the United States on active duty (as defined in section 101 of title 10); and ``(B)(i) is serving in Iraq or Afghanistan; or ``(ii) is 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; and ``(2) is sent-- ``(A) by a family member (as defined in section 411h of title 37) of the individual referred to in paragraph (1); and ``(B) from within an area served by a United States post office. ``(b) Applicability.--The free mailing privilege made available by this section-- ``(1) shall apply with respect to-- ``(A) letter mail or sound- or video-recorded communications having the character of personal correspondence; and ``(B) parcels not exceeding the maximum size allowed by the Postal Service and the Department of Defense for parcels sent to members of the Armed Forces serving in Iraq or Afghanistan; and ``(2) shall not apply with respect to mail matter that contains any advertising. ``(c) Rate of Postage.--Any mail matter mailed under this section shall be mailed at the equivalent rate of postage which assures that such mail matter will be sent by the most economical means practicable. ``(d) Marking.--All mail matter mailed under this section shall bear, in the upper right-hand corner of the address area, the words `Free Matter for Member of the Armed Forces of the United States' or words to that effect specified by the Postal Service. ``(e) Regulations.--Not later than 30 days after the date of the enactment of this section, the Postal Service shall, in consultation with the Secretary of Defense, prescribe any regulations necessary to carry out this section. ``(f) Duration.--The free mailing privilege made available by this section shall apply with respect to mail matter sent during the 1-year period beginning on the date on which the regulations under subsection (e) take effect.''. SEC. 3. FUNDING. (a) In General.--Sections 2401(c) and 3627 of title 39, United States Code, are amended by striking ``3406'' and inserting ``3407''. (b) Air Transportation.-- (1) In general.--Section 2401 of title 39, United States Code, is amended by redesignating subsections (d) through (g) as subsections (e) through (h), respectively, and by inserting after subsection (c) the following: ``(d) There are authorized to be appropriated to the Postal Service each year a sum determined by the Postal Service to be equal to the expenses incurred by the Postal Service in providing air transportation for mail sent to members of the Armed Forces of the United States free of postage under section 3407, not including the expense of air transportation that is provided by the Postal Service at the same postage rate or charge for mail which is not addressed to an Armed Forces post office.''. (2) Amendment to prevent duplicative funding.--Section 3401(e) of title 39, United States Code, is amended-- (A) by striking ``transportation or (2)'' and inserting ``transportation, (2)''; and (B) by striking ``office.'' and inserting ``office, or (3) for which amounts are authorized to be appropriated to the Postal Service under section 2401(d).''. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) Annual Budget.--Section 2009 of title 39, United States Code, is amended in the next to last sentence by striking ``(b) and (c)'' and inserting ``(b), (c), and (d)''. (b) Comprehensive Plan References.--Sections 2803(a) and 2804(a) of title 39, United States Code, are amended by striking ``2401(g)'' and inserting ``2401(f)''. (c) Chapter Analysis.--The analysis for chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``3407. Free postage for personal correspondence and parcels sent by family members to members of the Armed Forces of the United States serving in Iraq or Afghanistan.''.

Mailing Support to Troops Act of 2004 - Authorizes free mailing privileges for mail matter sent by a family member from within an area served by a U.S. post office to members of the Armed Forces on active duty in Iraq or Afghanistan, or hospitalized at an Armed Forces facility as a result of such service.

To amend title 39, United States Code, to provide for free mailing privileges for personal correspondence and parcels sent by family members from within the United States 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 ``Milk Import Tariff Equity Act''. SEC. 2. IMPOSITION OF TARIFF-RATE QUOTAS ON CERTAIN CASEIN AND MILK CONCENTRATES. (a) Casein and Casein Products.-- (1) In general.--The Additional U.S. notes to chapter 35 of the Harmonized Tariff Schedule of the United States are amended-- (A) by striking ``Additional U.S. Note'' and inserting ``Additional U.S. Notes''; (B) in note 1, by striking ``subheading 3501.10.10'' and inserting ``subheadings 3501.10.05, 3501.10.15, and 3501.10.20''; and (C) by adding at the end the following new note: ``2. The aggregate quantity of casein, caseinates, milk protein concentrate, and other casein derivatives entered under subheadings 3501.10.15, 3501.10.65, and 3501.90.65 in any calendar year shall not exceed 110 percent of the average quantity of such articles imported into the United States during the preceding 3 calendar years, as determined by the Secretary of Agriculture. Articles originating in a country with which the United States has a free trade agreement in force shall not be permitted or included under this quantitative limitation and no such article shall be classifiable therein.''. (2) Rates for certain caseins, caseinates, and other derivatives and glues.--Chapter 35 of the Harmonized Tariff Schedule of the United States is amended by striking subheadings 3501.10 through 3501.90.60 and inserting the following new subheadings, with the article descriptions for subheadings 3501.10 and 3501.90 having the same degree of indentation as the article description for subheading 3502.20.00: ``3501.10 Casein: ............................ Milk protein concentrate: ............................ 3501.10.05 Described in general note 15 to 0.37 cent Free (A*, CA, CL, E, IL, J, 12 cents/ the tariff schedule and entered s/kg JO, MX, SG) 0.2 kg pursuant to its provisions..... cents/kg (AU) 3501.10.15 Described in additional U.S. 0.37 cent Free (A*, CA, CL, E, IL, J, 12 cents/ note 2 to this chapter and s/kg JO, SG) 0.2 kg entered according to its cents/kg (AU) provisions..................... 3501.10.20 Other........................... $2.16/kg Free (MX) $2.81/kg Other: ............................ 3501.10.55 Suitable only for industrial Free ............................ Free uses other than the manufacture of food for humans or other animals or as ingredients in such food...................... Other: ............................ 3501.10.60 Described in general note 15 to 0.37 cent Free (A*, CA, CL, E, IL, J, 12 cents/ the tariff schedule and s/kg JO, MX, SG) 0.2 kg entered pursuant to its cents/kg (AU) provisions.................... 3501.10.65 Described in additional U.S. 0.37 cent Free (A*, CA, CL, E, IL, J, 12 cents/ note 2 to this chapter and s/kg JO, SG) 0.2 kg entered according to its cents/kg (AU) provisions.................... 3501.10.70 Other.......................... $2.16/kg Free (MX) $2.81/kg 3501.90 Other: ............................ 3501.90.05 Casein glues..................... 6% Free (A*, CA, CL, E, IL, J, 30% JO, MX) 3% (SG) 4.5% (AU) Other: ............................ 3501.90.30 Suitable only for industrial 6% Free (A*, CA, CL, E, IL, J, 30% uses other than the manufacture JO, MX, SG) 0.2 of food for humans or other cents/kg (AU) animals or as ingredients in such food...................... Other:.......................... ............................ 3501.90.55 Described in general note 15 to 0.37 cent Free (A*, CA, CL, E, IL, J, 12.1 cent the tariff schedule and s/kg JO, MX, SG) 0.2 s/kg entered pursuant to its cents/kg (AU) provisions.................... 3501.90.65 Described in additional U.S. 0.37 cent Free (A*, CA, CL, E, IL, J, 12.1 cent note 2 to this chapter and s/kg JO, SG) 0.2 s/kg entered according to its cents/kg (AU) provisions.................... 3501.90.70 Other.......................... $2.16/kg Free (MX) $2.81/kg '' . (b) Milk Protein Concentrates.-- (1) In general.--The Additional U.S. notes to chapter 4 of the Harmonized Tariff Schedule of the United States are amended-- (A) in note 13, by striking ``subheading 0404.90.10'' and inserting ``subheadings 0404.90.05, 0404.90.15, and 0404.90.20''; and (B) by adding at the end the following new note: ``27. The aggregate quantity of milk protein concentrates entered under subheading 0404.90.15 in any calendar year shall not exceed 110 percent of the average quantity of such articles imported into the United States during the preceding 3 calendar years, as determined by the Secretary of Agriculture. Articles originating in a country with which the United States has a free trade agreement in force shall not be permitted or included under this quantitative limitation and no such article shall be classifiable therein.''. (2) Rates for certain milk protein concentrates.--Chapter 4 of the Harmonized Tariff Schedule of the United States is amended by striking subheadings 0404.90 through 0404.90.10 and inserting the following new subheadings, with the article description for subheading 0404.90 having the same degree of indentation as the article description for subheading 0404.10 and with the article descriptions for subheadings 0404.90.05, 0404.90.15, and 0404.90.20 having the same degree of indentation as the article description for subheading 0405.20.40: ``0404.90 Other: ............................ Milk protein concentrates: ............................ 0404.90.05 Described in general note 15 to 0.37 cent Free (A*, CA, CL, E, IL, J, 12 cents/ the tariff schedule and entered s/kg JO, MX, SG) 0.2 cents/kg kg pursuant to its provisions..... (AU) 0404.90.15 Described in additional U.S. 0.37 cent Free (A*, CA, CL, E, IL, J, 12 cents/ note 27 to this chapter and s/kg JO, SG) 0.2 kg entered pursuant to its cents/kg (AU) provisions..................... 0404.90.20 Other........................ $1.56/kg Free (MX) $2.02/kg '' . (c) Effective Date.-- (1) In general.--The amendments made by this section apply to-- (A) goods entered, or withdrawn from warehouse for consumption, on or after the first day of the first month after the date that is 90 days after the date of the enactment of this Act; or (B) if the President notifies Congress that the international obligations of the United States require the President to enter into negotiations pursuant to an existing trade agreement under section 3(a)(1), goods entered, or withdrawn from warehouse for consumption, on or after the first day of the first month after the date that is 150 days after the date of the enactment of this Act. (2) Transitional provisions.-- (A) Chapter 35.--Notwithstanding Additional U.S. note 2 to chapter 35 of the Harmonized Tariff Schedule of the United States (as added by subsection (a)(1)(C) of this section), in the case of any calendar year that includes the effective date described in paragraph (1), the aggregate amount of casein, caseinates, milk protein concentrate, and other casein derivatives entered under subheadings 3501.10.15, 3501.10.65, and 3501.90.65 shall not exceed an amount equal to-- (i) 110 percent of the average quantity of such articles imported into the United States during the preceding 3 calendar years, as determined by the Secretary of Agriculture; multiplied by (ii) the quotient of-- (I) the number of calendar days remaining in such calendar year beginning with such effective date; divided by (II) 365 days. (B) Chapter 4.--Notwithstanding Additional U.S. note 27 to chapter 4 of the Harmonized Tariff Schedule of the United States (as added by subsection (b)(1)(B) of this section), in the case of any calendar year that includes the effective date described in paragraph (1), the aggregate amount of milk protein concentrates entered under subheading 0404.90.15 shall not exceed an amount equal to-- (i) 110 percent of the average quantity of such articles imported into the United States during the preceding 3 calendar years, as determined by the Secretary of Agriculture; multiplied by (ii) the quotient of-- (I) the number of calendar days remaining in such calendar year beginning with such effective date; divided by (II) 365 days. SEC. 3. COMPENSATION AUTHORITY. (a) In General.--If the provisions of section 2 require, the President-- (1) may enter into a trade agreement, or enter into negotiations pursuant to an existing trade agreement, with any foreign country or instrumentality for the purpose of granting new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and (2) may proclaim such modification or continuance of any general rate of duty, or such continuance of duty-free or excise treatment, or any quantitative limitation, as the President determines to be required or appropriate to carry out any such agreement. (b) Limitations.-- (1) In general.--No proclamation shall be made pursuant to subsection (a) decreasing any general rate of duty to a rate which is less than 70 percent of the existing general rate of duty. (2) Special rule for certain duty reductions.--If the general rate of duty in effect is an intermediate stage under an agreement in effect before August 6, 2002, under section 1102(a) of the Omnibus Trade and Competitiveness Act of 1988 or under an agreement entered into under section 2103 (a) or (b) of the Bipartisan Trade Promotion Authority Act of 2002, the proclamation made pursuant to subsection (a) may provide for the reduction of each general rate of duty at each such stage by not more than 30 percent of such general rate of duty, and may provide for a final general rate of duty which is not less than 70 percent of the general rate of duty proclaimed as the final stage under such agreement. (3) Rounding.--If the President determines that such action will simplify the computation of the amount of duty computed with respect to an article, the President may exceed the limitations provided in paragraphs (1) and (2) by not more than the lesser of-- (A) the difference between such limitation and the next lower whole number, or (B) one-half of 1 percent ad valorem.

Milk Import Tariff Equity Act - Amends the Harmonized Tariff Schedule of the United States to impose tariff-rate quotas (quantitative import limits) and provide various duty rates on certain casein, caseinates, milk protein concentrate, and other casein derivatives and glues imported into the United States (except imports from a country which has entered into a free trade agreement with the United States). Authorizes the President to: (1) enter into a trade agreement, or enter into negotiations pursuant to an existing trade agreement, with a foreign country to grant new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and (2) proclaim any necessary modification or continuance of any existing duty, or continuance of existing duty-free or excise treatment, or any quantitative limitation. Sets forth certain limits on the reduction of duties on such products.

To impose tariff-rate quotas on certain casein and milk protein concentrates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``527 Transparency Act of 2005''. SEC. 2. REPORTING FREQUENCY IN NON-ELECTION YEARS INCREASED TO QUARTERLY. (a) In General.--Clause (ii) of section 527(j)(2)(A) of the Internal Revenue Code of 1986 (relating to required disclosure) is amended to read as follows: ``(ii) quarterly reports, which shall be filed not later than the fifteenth day after the last day of each calendar quarter, and which shall be complete as of the last day of each calendar quarter, except that the report for the quarter ending December 31 shall be filed not 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 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.

527 Transparency Act of 2005 - Amends the Internal Revenue Code to revise disclosure requirements for tax-exempt political organizations (527 organizations) to require quarterly (instead of semiannual) reporting of contributions and expenditures in non-election years. 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.

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 ``Improving No Child Left Behind Act''. SEC. 2. REFERENCES. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). SEC. 3. ADEQUATE YEARLY PROGRESS. (a) Accountability.--Section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended-- (1) in subparagraph (I)(ii)-- (A) by striking ``95 percent'' the first place the term appears and inserting ``90 percent (which percentage shall be based on criteria established by the State in the State plan)''; and (B) by striking ``95 percent'' the second place the term appears and inserting ``90 percent''; (2) by redesignating subparagraph (K) as subparagraph (N); and (3) by inserting, after subparagraph (J), the following: ``(K) Single count of students.--In meeting the definition of adequate yearly progress under subparagraph (C), a student who may be counted in 2 or more groups described in subparagraph (C)(v)(II), may be counted as an equal fraction of 1 for each such group. ``(L) Students with disabilities requiring alternate assessments.--Notwithstanding any other provision of this part, a State may implement the amendments made to part 200 of title 34, Code of Federal Regulations on December 9, 2003 (68 Fed. Reg. 68698) (related to achievement of students with significant cognitive disabilities) as if such amendments-- ``(i) permitted the proficient or advanced scores on alternate assessments of not more than 3.0 percent of all tested students to be considered as proficient or advanced, respectively, for the purposes of determining adequate yearly progress, except that-- ``(I) any assessment given to any such so considered student for the purposes of determining such adequate yearly progress shall be required by the individualized education program of such so considered student; ``(II) the individualized education program shall reflect the need for any such alternate assessment based on the evaluation of such so considered student and the services provided such so considered student under section 614 of the Individuals with Disabilities Education Act; and ``(III) the individualized education program shall include written consent from the parent of such so considered student prior to such alternate assessment being administered; ``(ii) used the term `students requiring alternate assessments' in lieu of the term `students with the most significant cognitive disabilities'; and ``(iii) permitted the eligibility, of such so considered students to have the students' scores of proficient or advanced on alternate assessments counted as proficient or advanced for purposes of determining adequate yearly progress, to be determined by the State educational agency, except that such eligibility shall, at a minimum, include-- ``(I) such so considered students who are receiving services pursuant to a plan required under section 504 of the Rehabilitation Act of 1973; ``(II) the students described in subclause (I) who are assessed at a grade level below the grade level in which the students are enrolled (out of level assessments); and ``(III) the students described in subclause (I) who are considered students with the most significant cognitive disabilities, as defined by the State educational agency, on the day before the date of enactment of the Improving No Child Left Behind Act. ``(M) Other measures of adequate yearly progress.-- Notwithstanding any other provision of this paragraph, a State may establish in the State plan an alternative definition of adequate yearly progress, subject to approval by the Secretary under subsection (e). Such alternative definition may-- ``(i) include measures of student achievement over a period of time (such as a value added accountability system) or the progress of some or all of the groups of students described in subparagraph (C)(v) to the next higher level of achievement described in subparagraph (II) or (III) of paragraph (1)(D)(ii) as a factor in determining whether a school, local educational agency, or State has made adequate yearly progress, as described in this paragraph; or ``(ii) use the measures of achievement or the progress of groups described in clause (i) as the sole basis for determining whether the State, or a local educational agency or school within the State, has made adequate yearly progress, if-- ``(I) the primary goal of such definition is that all students in each group described in subparagraph (C)(v) meet or exceed the proficient level of academic achievement, established by the State, not later than 12 years after the end of the 2001-2002 school year; and ``(II) such definition includes intermediate goals, as required under subparagraph (H).''. (b) Assessments.--Section 1111(b)(3)(C) (20 U.S.C. 6311(b)(3)(C)) is amended-- (1) in clause (ix), by striking subclause (III) and inserting the following: ``(III) the inclusion of limited English proficient students, who-- ``(aa) may, consistent with paragraph (2)(M), be assessed, as determined by the local educational agency, through the use of an assessment which requires achievement of specific gains for up to 3 school years from the first year the student is assessed for the purposes of this subsection; ``(bb) may, at the option of the State educational agency, be assessed in the first year the student attends school in the United States (not including the Commonwealth of Puerto Rico); and ``(cc) shall not be included in any calculation of an adequate yearly progress determination when the student is in the first year of attendance at a school in the United States (not including the Commonwealth of Puerto Rico).''; and (2) in clause (x), by inserting ``of clause (ix)'' after ``subclause (III)''. (c) Regulations Affecting Limited English Proficient Children and Children With Disabilities.--Section 1111 (20 U.S.C. 6311) is amended by adding at the end the following: ``(n) Codification of Regulations Affecting Limited English Proficient Children.--Notwithstanding any other provision of this part, this part shall be implemented consistent with the amendments proposed to part 200 of title 34 of the Code of Federal Regulations on June 24, 2004 (69 Fed. Reg. 35462) (relating to the assessment of limited English proficient children and the inclusion of limited English proficient children in subgroups) as if such amendments permitted students who were previously identified as limited English proficient to be included in the group described in subsection (b)(2)(C)(v)(II)(dd) for 3 additional years, as determined by a local educational agency (based on the individual needs of a child) for the purposes of determining adequate yearly progress.''. SEC. 4. SCHOOL IMPROVEMENT AND PUBLIC SCHOOL CHOICE. Section 1116(b) (20 U.S.C. 6316(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by inserting ``(in the same subject for the same group of students, as described in section 1111(b)(2)(C)(v))'' after ``2 consecutive years''; (B) in subparagraph (E)(i)-- (i) by striking ``In the case'' and inserting ``Except as provided in subparagraph (G), in the case''; and (ii) by striking ``all students enrolled in the school with the option to transfer to another public school'' and inserting ``students who failed to meet the proficient level of achievement on the assessments described in section 1111(b)(3), are enrolled in the school, and are in the group whose academic performance caused the identification under this paragraph, with the option to transfer to one other public school identified by and''; and (C) by adding at the end the following: ``(G) Options.--A local educational agency may offer supplemental educational services as described in subsection (e) in place of the option to transfer to another public school described in subparagraph (E), for the first school year a school is identified for improvement under this paragraph.''; (2) in the matter preceding subparagraph (A) of paragraph (5), by inserting ``(in the same subject for the same group of students)'' after ``adequate yearly progress''; and (3) in the matter preceding clause (i) of paragraph (7)(C), by inserting ``(in the same subject for the same group of students)'' after ``adequate yearly progress''.

Improving No Child Left Behind Act - Amends the Elementary and Secondary Education Act of 1965 to alter requirements for adequate yearly progress (AYP) assessments of student groups by: (1) lowering, from 95% to 90%, the minimum percentage of students in each group in a school that must take such assessments; (2) allowing the fractional counting of students who are in more than one group, for each such group; (3) allowing states to treat as proficient or advanced specified scores on alternate assessments for disabled students and those not proficient in English; and (4) allowing states to use alternative methods of defining AYP. Revises criteria for local educational agency identification of schools needing improvement. Declares that only those meet such criteria that fail AYP standards, for two consecutive school years (as under current law), in the same subject for the same group of students. Revises eligibility criteria for school transfers after a school is identified as needing improvement. Declares that only failing students in the failing group, instead of all students in such a school, may transfer. Allows such schools to provide students with supplemental services rather than transfers during that school year.

A bill to improve the amendments made by the No Child Left Behind Act of 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Awareness Act of 1999''. SEC. 2. GRANTS FOR CERTAIN ACTIVITIES TOWARD PROMOTING ADOPTION COUNSELING. Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following section: ``SEC. 330D. CERTAIN SERVICES FOR PREGNANT WOMEN. ``(a) Adoption Counseling.-- ``(1) In general.--The Secretary shall make grants to national adoption organizations for the purpose of developing and implementing programs to train the staff of eligible health centers in providing adoption counseling to pregnant women and infertile married couples. With respect to such a grant-- ``(A) a national adoption organization may expend the grant to carry out the programs directly or through grants to or contracts with other adoption organizations; ``(B) the purposes for which the national adoption organization expends the grant may include the development of a training curriculum; and ``(C) a condition for the receipt of the grant is that, with respect to an eligible health center for which such training is to be provided, the national adoption organization agree to make reasonable efforts-- ``(i) to provide such training at the center or at a site that is near the center; and ``(ii) to provide the training through individuals who are experienced in providing adoption counseling in the geographic area in which the center is located. ``(2) Adoption organizations; eligible health centers; other definitions.--For purposes of this section: ``(A) The term `adoption organization' means an organization-- ``(i) whose primary purpose is the promotion of adoption; ``(ii) that is knowledgeable on the process for adopting a child and on providing adoption counseling to pregnant women; and ``(iii) that is a nonprofit private entity. ``(B) The term `eligible health centers' means public and nonprofit private entities that provide health-related services to pregnant women. ``(C) The term `married couples' means couples who have entered into marriage as defined in section 7 of title 1, United States Code. ``(3) Training for certain eligible health centers.--A condition for the receipt of a grant under paragraph (1) is that the national adoption organization involved agree to make reasonable efforts to ensure that the eligible health centers with respect to which training under the grant is provided include-- ``(A) eligible health centers that receive grants under section 1001 (relating to voluntary family planning projects); ``(B) eligible health centers that receive grants under section 330 (relating to community health centers, migrant health centers, and centers regarding homeless individuals and residents of public housing); ``(C) eligible health centers that receive grants under this Act for the provision of services in schools; and ``(D) eligible health centers that do not perform or make referrals for abortions, or provide or make referrals for counseling that presents abortion as an option. ``(4) Participation of certain eligible health clinics.--In the case of eligible health centers that receive grants under section 330 or 1001, the Secretary shall provide for the training of the staff of such centers through the program under paragraph (1), subject to subsection (c)(4). ``(b) Requirements Regarding Federally-Funded Family Planning Services.--The Secretary shall require that each program providing voluntary family planning services with a grant from the Secretary provide nondirective counseling and referrals regarding-- ``(1) prenatal care and delivery; ``(2) infant care; ``(3) foster care; and ``(4) adoption. ``(c) Religious Organizations.-- ``(1) In general.--Religious organizations may receive grants under subsection (a) on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program. ``(2) Nondiscrimination against religious organizations.-- Religious organizations are eligible for grants under subsection (a) on the same basis as any other nonprofit private entity as long as the programs are implemented consistent with the Establishment Clause of the United States Constitution. The Federal Government shall not discriminate against an organization that applies to receive such a grant on the basis that the organization has a religious character. ``(3) Religious character and freedom.-- ``(A) Religious organizations.--A religious organization receiving a grant under subsection (a) shall retain its independence from Federal, State, and local governments, including such organization's control over the definition, development, practice, and expression of its religious beliefs. ``(B) Additional safeguards.--The Federal Government shall not require a religious organization receiving a grant under subsection (a)-- ``(i) to alter its form of internal governance; or ``(ii) to remove religious art, icons, scripture, or other symbols; in order to be eligible for a grant under subsection (a). ``(4) Rights of beneficiaries of assistance.-- ``(A) In general.--If an individual described in subparagraph (B) has an objection to the religious character of the organization from which the individual receives services pursuant to a grant under subsection (a), the organization shall provide such individual, within a reasonable period of time after the date of such objection, with services from an alternative provider that is accessible to the individual and the value of which is not less than the value of the services that the individual would have received from such organization. ``(B) Individual described.--An individual described in this subparagraph is an individual who receives, applies for, or requests to apply for, services under a program carried out with a grant under subsection (a). ``(5) Employment practices.--A religious organization's exemption provided under section 702 of the Civil Rights Act of 1964 regarding employment practices shall not be affected by its participation in, or receipt of funds from, a program carried out with a grant under subsection (a). ``(6) Nondiscrimination against beneficiaries.--Except as otherwise provided in law, a religious organization shall not discriminate against an individual in regard to providing services under a grant under subsection (a) on the basis of religion, a religious belief, or refusal to actively participate in a religious practice. ``(7) Fiscal accountability.-- ``(A) In general.--Except as provided in subparagraph (B), any religious organization receiving a grant under subsection (a) shall be subject to the same regulations as other grantees under such subsection to account in accord with generally accepted auditing principles for the expenditure of the grant. ``(B) Limited audit.--If a religious organization receiving a grant under subsection (a) segregates the grant funds into separate accounts, then only such funds shall be subject to audit. ``(8) Compliance.--Any party which seeks to enforce its rights under this subsection may assert a civil action for injunctive relief exclusively in an appropriate State court against the entity or agency that allegedly commits such violation. ``(9) Preemption.--Nothing in this subsection shall be construed to preempt any provision of a State constitution or State statute that prohibits or restricts the expenditure of State funds in or by religious organizations. ``(10) Limitations on use of funds for certain purposes.--A grant under subsection (a) may not be expended for sectarian worship, instruction, or proselytization. ``(d) Application for Grant.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $7,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2004.''.

Makes it a condition for receipt of such a grant that the national adoption organization involved agree to make reasonable efforts to ensure that the eligible health centers with respect to which training under the grant is provided include centers that: (1) receive grants relating to voluntary family planning projects; (2) receive grants relating to community health centers, migrant health centers, and centers regarding homeless individuals and residents of public housing; (3) receive grants for the provision of services in schools; and (4) do not perform or make referrals for abortions, or provide or make referrals for counseling that presents abortion as an option. Directs the Secretary to require programs providing voluntary family planning services with such a grant to provide nondirective counseling and referrals regarding prenatal care and delivery, infant care, foster care, and adoption. Makes religious organizations eligible for such grants without discrimination and mandates their independence from Federal, State, and local governments, providing certain safeguards to ensure such independence. Provides the beneficiaries of assistance from religious organizations with certain rights, including the right not to be discriminated against by the religious organization. Authorizes appropriations.

Adoption Awareness Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon Caves Revitalization Act of 2011''. SEC. 2. PURPOSE. The purpose of this Act is to add surrounding land to the Monument-- (1) to enhance the protection of the resources associated with the Monument; and (2) to increase public recreation opportunities. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map titled ``Oregon Caves National Monument and Preserve'' numbered 150/80,023, and dated May 2010. (2) Monument.--The term ``Monument'' means the Oregon Caves National Monument established by Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909. (3) National preserve.--The term ``National Preserve'' means the National Preserve designated by section 4(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management. (6) State.--The term ``State'' means the State of Oregon. SEC. 4. DESIGNATION; LAND TRANSFER; BOUNDARY ADJUSTMENT. (a) In General.--The Monument shall be known and designated as the ``Oregon Caves National Monument and Preserve''. The land identified on the map as ``Proposed Addition Lands'' shall be designated as a National Preserve. (b) Land Transfer.--The Secretary of Agriculture shall-- (1) transfer approximately 4,070 acres of land identified on the map as the ``Proposed Addition Lands'' to the Secretary to be administered as part of the Oregon Caves National Monument and Preserve; and (2) adjust the boundary of the Rogue River-Siskiyou National Forest to exclude the land transferred under paragraph (1). (c) Boundary Adjustment.--The boundary of the National Monument is modified to exclude approximately 4 acres of land-- (1) located in the City of Cave Junction; and (2) identified on the map as the ``Cave Junction Unit'', as depicted on the map. (d) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (e) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Monument shall be considered to be a reference to the ``Oregon Caves National Monument and Preserve''. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary, acting through the Director of the National Park Service, shall administer the National Monument and Preserve in accordance with-- (1) this Act; (2) Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909; and (3) any law (including regulations) generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.). (b) Fire Management.--As soon as practicable after the date of enactment of this Act, in accordance with subsection (a), the Secretary shall revise the fire management plan for the Monument to include the National Preserve and, in accordance with the revised plan, carry out hazardous fuel management activities within the boundaries of the National Monument and Preserve. (c) Existing Forest Service Contracts.--The Secretary shall allow for the completion of existing Forest Service stewardship and service contracts executed as of the date of enactment of this Act and shall recognize the authority of the Secretary of Agriculture for the purpose of administering the existing Forest Service contracts through their completion. All terms and conditions of existing Forest Service contracts shall remain in place for the duration of those contracts. Any such liability existing at the time of enactment of this Act shall be that of the Forest Service. (d) Grazing.--The Secretary may allow the grazing of livestock within the preserve to continue where authorized under permits or leases in existence as of the date of enactment of this Act. Grazing shall be at no more than the current level, as measured in Animal Unit Months, and subject to applicable laws and National Park Service regulations. SEC. 6. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM. (a) Donation of Lease or Permit.-- (1) Acceptance by secretary concerned.--The Secretary concerned shall accept the donation of a grazing lease or permit from a leasee or permittee for-- (A) the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest; and (B) the Billy Mountain Grazing Allotment located on a parcel of land that is managed by the Secretary (acting through the Director of the Bureau of Land Management). (2) Termination.--With respect to each permit or lease donated under subparagraph (a), the Secretary shall-- (A) terminate the grazing permit or lease; and (B) ensure a permanent end to grazing on the land covered by the permit or lease. (b) Effect of Donation.--A lessee or permittee that donates a grazing lease or grazing permit (or a portion of a grazing lease or grazing permit) under this section shall be considered to have waived any claim to any range improvement on the associated grazing allotment or portion of the associated grazing allotment, as applicable. SEC. 7. HUNTING, FISHING, AND TRAPPING. (a) In General.--Except as provided in subsection (b), the Secretary shall permit hunting, fishing, and trapping on land and water within the National Preserve in accordance with each applicable law (including regulations) of the Federal Government and the State. (b) Administrative Exceptions.--In accordance with subsection (c), the Secretary may designate areas in which, and establish limited periods during which, no hunting, fishing, or trapping may be permitted within the National Preserve due to concerns relating to-- (1) public safety; (2) the administration of the National Preserve; or (3) the compliance by the Secretary with any applicable law (including regulations). (c) Consultation With Appropriate State Agency.--Except to respond to a situation that the Secretary determines to be an emergency, the Secretary shall consult with the appropriate agency of the State before taking any act to close any area within the National Preserve to hunting, fishing, or trapping. SEC. 8. EFFECT. Nothing in this Act affects the authority or responsibility of the State to carry out any law or duty of the State relating to fish and wildlife on areas located within the National Preserve. SEC. 9. WILD AND SCENIC RIVER DESIGNATION, RIVER STYX, OREGON. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by inserting the following paragraph: ``(__) River styx, oregon.--The subterranean segment of Cave Creek, known as the River Styx, to be administered by the Secretary of the Interior as a scenic river.''. SEC. 10. WILD AND SCENIC RIVER DESIGNATION FOR STUDY. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(__) Oregon caves national monument and preserve, oregon.-- ``(A) Cave creek, oregon.--The 2.6-mile segment of Cave Creek from the headwaters at the River Styx to the boundary of the Rogue River Siskiyou National Forest. ``(B) Lake creek, oregon.--The 3.6-mile segment of Lake Creek from the headwaters at Bigelow Lakes to the confluence with Cave Creek. ``(C) No name creek, oregon.--The 0.6-mile segment of No Name Creek from the headwaters to the confluence with Cave Creek. ``(D) Panther creek.--The 0.8-mile segment of Panther Creek from the headwaters to the confluence with Lake Creek. ``(E) Upper cave creek.--The segment of Upper Cave Creek from the headwaters to the confluence with River Styx.''. SEC. 11. STUDY AND REPORT. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Oregon caves national monument and preserve, oregon.--Not later than 3 years after funds are made available to carry out this paragraph, the Secretary shall complete the study of the Oregon Caves National Monument and Preserve segments designated for study in subsection (a), and shall submit to Congress a report containing the results of the study.''.

Oregon Caves Revitalization Act of 2011 - Redesignates the Oregon Caves National Monument as the Oregon Caves National Monument and Preserve. Directs the Secretary of Agriculture (USDA) to transfer certain land identified as proposed addition lands to the Secretary of the Interior (the Secretary) and adjust the boundary of the Rogue River-Siskiyou National Forest to exclude such lands transferred by the Secretary. Directs the Secretaries to accept the donation of a grazing lease or permit from a lessee or permittee for the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest or the Billy Mountain Grazing Allotment located on a parcel of BLM-managed land. Amends the Wild and Scenic Rivers Act to designate the subterranean segment of the Cave Creek in Oregon known as the River Styx as a component of the national wild and scenic rivers system and certain additional segments of the Monument and Preserve for study for potential addition to the system.

To modify the boundary of the Oregon Caves National Monument, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Red River National Wildlife Refuge Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The area of Louisiana known as the Red River Valley, located along the Red River Waterway in Caddo, Bossier, Red River, Natchitoches, and De Soto Parishes, is of critical importance to over 350 species of birds (including migratory and resident waterfowl, shore birds, and neotropical migratory birds), aquatic life, and a wide array of other species associated with river basin ecosystems. (2) The bottomland hardwood forests of the Red River Valley have been almost totally cleared. Reforestation and restoration of native habitat will benefit a host of species. (3) The Red River Valley is part of a major continental migration corridor for migratory birds funneling through the mid continent from as far north as the Arctic Circle and as far south as South America. (4) There are no significant public sanctuaries for over 300 river miles on this important migration corridor, and no significant Federal, State, or private wildlife sanctuaries along the Red River north of Alexandria, Louisiana. (5) Completion of the lock and dam system associated with the Red River Waterway project up to Shreveport, Louisiana, has enhanced opportunities for management of fish and wildlife. (6) The Red River Valley offers extraordinary recreational, research, and educational opportunities for students, scientists, bird watchers, wildlife observers, hunters, anglers, trappers, hikers, and nature photographers. (7) The Red River Valley is an internationally significant environmental resource that has been neglected and requires active restoration and management to protect and enhance the value of the region as a habitat for fish and wildlife. SEC. 3. ESTABLISHMENT AND PURPOSES OF REFUGE. (a) Establishment.-- (1) In general.--The Secretary shall establish the Red River National Wildlife Refuge, consisting of approximately 50,000 acres of Federal lands, waters, and interests therein within the boundaries depicted upon the map entitled ``Red River National Wildlife Refuge--Selection Area'', dated September 5, 2000. (2) Boundary revisions.--The Secretary shall make such minor revisions of the boundaries of the Refuge as may be appropriate to carry out the purposes of the Refuge or to facilitate the acquisition of property within the Refuge. (3) Availability of map.--The Secretary shall keep the map referred to in paragraph (1) available for inspection in appropriate offices of the United States Fish and Wildlife Service. (b) Purposes.--The purposes of the Refuge are the following: (1) To provide for the restoration and conservation of native plants and animal communities on suitable sites in the Red River basin, including restoration of extirpated species. (2) To provide habitat for migratory birds. (3) To provide technical assistance to private land owners in the restoration of their lands for the benefit of fish and wildlife. (c) Effective Date.--The establishment of the Refuge under paragraph (1) of subsection (a) shall take effect on the date the Secretary publishes, in the Federal Register and publications of local circulation in the vicinity of the area within the boundaries referred to in that paragraph, a notice that sufficient property has been acquired by the United States within those boundaries to constitute an area that can be efficiently managed as a National Wildlife Refuge. SEC. 4. ADMINISTRATION OF REFUGE. (a) In General.--The Secretary shall administer all lands, waters, and interests therein acquired under section 5 in accordance with-- (1) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and the Act of September 28, 1962 (76 Stat. 653; 16 U.S.C. 460k et seq.; commonly known as the Refuge Recreation Act); (2) the purposes of the Refuge set forth in section 3(b); and (3) the management plan issued under subsection (b). (b) Management Plan.-- (1) In general.--Not later than 18 months after the date of the establishment of the Refuge, the Secretary shall issue a management plan for the Refuge. (2) Contents.--The management plan shall include provisions that provide for the following: (A) Planning and design of trails and access points. (B) Planning of wildlife and habitat restoration, including reforestation. (C) Permanent exhibits and facilities and regular educational programs throughout the Refuge. (D) Ensuring that compatible hunting, fishing, wildlife observation and photography, and environmental education and interpretation are the priority general public uses of the Refuge, in accordance with section 4(a)(3) and (4) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668ee(a)(3), (4)). (3) Public participation.-- (A) In general.--The Secretary shall provide an opportunity for public participation in developing the management plan. (B) Local views.--The Secretary shall give special consideration to views by local public and private entities and individuals in developing the management plan. (c) Wildlife Interpretation and Education Center.-- (1) In general.--The Secretary shall construct, administer, and maintain, at an appropriate site within the Refuge, a wildlife interpretation and education center. (2) Purposes.--The center shall be designed and operated-- (A) to promote environmental education; and (B) to provide an opportunity for the study and enjoyment of wildlife in its natural habitat. (d) Assistance to Red River Waterway Commission.--The Secretary shall provide to the Red River Waterway Commission-- (1) technical assistance in monitoring water quality, noxious plants, and exotic organisms, and in preventing siltation of prime fisheries habitat; and (2) where appropriate and available, fish for stocking. SEC. 5. ACQUISITION OF LANDS, WATERS, AND INTERESTS THEREIN. (a) In General.--The Secretary may acquire up to 50,000 acres of lands, waters, or interests therein within the boundaries of the Refuge described in section 3(a)(1). (b) Inclusion in Refuge.--Any lands, waters, or interests acquired by the Secretary under this section shall be part of the Refuge. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this Act. SEC. 7. DEFINITIONS. For purposes of this Act: (1) Refuge.--The term ``Refuge'' means the Red River National Wildlife Refuge established under section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires the Secretary to issue a management plan for the Refuge which includes provisions for: (1) the planning and design of trails and access points; (2) the planning of wildlife and habitat restoration, including reforestation; (3) permanent exhibits and facilities and regular educational programs throughout the Refuge; and (4) ensuring that hunting, fishing, wildlife observation and photography and environmental education and interpretation are priority general public uses. Requires that the Secretary: (1) provide an opportunity for public participation in developing such plan; and (2) give special consideration to views by local public and private entities and individuals. Directs the Secretary to construct, administer, and maintain within the Refuge, a wildlife interpretation and education center to promote environmental education and to provide an opportunity for the study and enjoyment of wildlife in its natural habitat. Requires the Secretary to provide to the Red River Waterway Commission: (1) technical assistance in monitoring water quality, noxious plants, and exotic organisms and in preventing siltation of prime fisheries habitat; and (2) fish for stocking. Authorizes appropriations.

Red River National Wildlife Refuge Act

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Good Government Contractor Act of 2007''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. REPEAL OF IMPOSITION OF WITHHOLDING ON CERTAIN PAYMENTS MADE TO VENDORS BY GOVERNMENT ENTITIES. The amendment made by section 511 of the Tax Increase Prevention and Reconciliation Act of 2005 is repealed and the Internal Revenue Code of 1986 shall be applied as if such amendment had never been enacted. SEC. 3. FAR CONTRACTOR QUALIFICATIONS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council shall amend the Federal Acquisition Regulation issued under sections 6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421) to provide that for a prospective contractor to be determined responsible, such contractor must not have any tax debt. (b) Tax Debt.--For purposes of this section, the term ``tax debt'' means an outstanding debt under the Internal Revenue Code of 1986 which has not been paid within 180 days after an assessment of a tax, penalty, or interest and which is not subject to further appeal or a petition for redetermination under such Code. Such term does not include a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code. SEC. 4. FINAL RULE PROMULGATION. Not later than 180 days after the date of the enactment of this Act, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council shall make final the proposed rule FAR Case 2006-011 (Representations and Certifications--Tax Delinquency). SEC. 5. NATIONAL TAX LIEN FILING SYSTEM. (a) Filing of Notice of Lien.--Subsection (f) of section 6323 (relating to validity and priority against certain persons) is amended to read as follows: ``(f) Filing of Notice; Form.-- ``(1) Filing of notice.--The notice referred to in subsection (a) shall be filed in the national Federal tax lien registry established under subsection (k). The filing of a notice of lien, or a certificate of release, discharge, subordination, or nonattachment of lien, in the national Federal tax lien registry shall be effective for purposes of determining lien priority regardless of the nature or location of the property interest to which the lien attaches. ``(2) Form.--The form and content of the notice referred to in subsection (a) shall be prescribed by the Secretary. Such notice shall be valid notwithstanding any other provision of law regarding the form or content of a notice of lien. ``(3) Other national filing systems.--The filing of a notice of lien shall be governed by this title and shall not be subject to any other Federal law establishing a place or places for the filing of liens or encumbrances under a national filing system.''. (b) Refiling of Notice.--Paragraph (2) of section 6323(g) (relating to refiling of notice) is amended to read as follows: ``(2) Refiling.--A notice of lien may be refiled in the national Federal tax lien registry established under subsection (k).''. (c) Release of Tax Liens or Discharge of Property.-- (1) In general.--Section 6325(a) (relating to release of lien) is amended by inserting ``, and shall cause the certificate of release to be filed in the national Federal tax lien registry established under section 6323(k),'' after ``internal revenue tax''. (2) Release of tax liens expedited from 30 to 10 days.-- Section 6325(a) (relating to release of lien) is amended by striking ``not later than 30 days'' and inserting ``not later than 10 days''. (3) Discharge of property from lien.--Section 6325(b) (relating to discharge of property) is amended-- (A) by inserting ``, and shall cause the certificate of discharge to be filed in the national Federal tax lien registry established under section 6323(k),'' after ``under this chapter'' in paragraph (1), (B) by inserting ``, and shall cause the certificate of discharge to be filed in such national Federal tax lien registry,'' after ``property subject to the lien'' in paragraph (2), (C) by inserting ``, and shall cause the certificate of discharge to be filed in such national Federal tax lien registry,'' after ``property subject to the lien'' in paragraph (3), and (D) by inserting ``, and shall cause the certificate of discharge of property to be filed in such national Federal tax lien registry,'' after ``certificate of discharge of such property'' in paragraph (4). (4) Discharge of property from estate or gift tax lien.-- Section 6325(c) (relating to estate or gift tax) is amended by inserting ``, and shall cause the certificate of discharge to be filed in the national Federal tax lien registry established under section 6323(k),'' after ``imposed by section 6324''. (5) Subordination of lien.--Section 6325(d) (relating to subordination of lien) is amended by inserting ``, and shall cause the certificate of subordination to be filed in the national Federal tax lien registry established under section 6323(k),'' after ``subject to such lien''. (6) Nonattachment of lien.--Section 6325(e) (relating to nonattachment of lien) is amended by inserting ``, and shall cause the certificate of nonattachment to be filed in the national Federal tax lien registry established under section 6323(k),'' after ``property of such person''. (7) Effect of certificate.--Paragraphs (1) and (2)(B) of section 6325(f) (relating to effect of certificate) are each amended by striking ``in the same office as the notice of lien to which it relates is filed (if such notice of lien has been filed)'' and inserting ``in the national Federal tax lien registry established under section 6323(k)''. (8) Release following administrative appeal.--Section 6326(b) (relating to certificate of release) is amended-- (A) by striking ``and shall include'' and insert ``, shall include'', and (B) by inserting ``, and shall cause the certificate of release to be filed in the national Federal tax lien registry established under section 6323(k),'' after ``erroneous''. (9) Conforming amendments.--Section 6325 is amended by striking subsection (g) and by redesignating subsection (h) as subsection (g). (d) National Federal Tax Lien Registry.-- (1) In general.--Section 6323 is amended by adding at the end the following new subsection: ``(k) National Registry.--The national Federal tax lien registry referred to in subsection (f)(1) shall be established and maintained by the Secretary and shall be accessible to and searchable by the public through the Internet at no cost to access or search. The registry shall identify the taxpayer to whom the Federal tax lien applies and reflect the date and time the notice of lien was filed, and shall be made searchable by, at a minimum, taxpayer name, the State of the taxpayer's address as shown on the notice of lien, the type of tax, and the tax period, and, when the Secretary determines it is feasible, by property. The registry shall also provide for the filing of certificates of release, discharge, subordination, and nonattachment of Federal tax liens, as authorized in sections 6325 and 6326, and may provide for publishing such other documents or information with respect to Federal tax liens as the Secretary may by regulation provide.''. (2) Administrative action.--The Secretary of the Treasury shall issue regulations or other guidance providing for the maintenance and use of the national Federal tax lien registry established under section 6323(k) of the Internal Revenue Code of 1986. The Secretary of the Treasury shall take appropriate steps to secure and prevent tampering with the data recorded therein. Prior to implementation of such registry, the Secretary of the Treasury shall review the information currently provided in public lien filings and determine whether any such information should be excluded or protected from public viewing in such registry. (e) Transition Rules.--The Secretary of the Treasury may by regulation prescribe for the continued filing of notices of Federal tax lien in the offices of the States, counties and other governmental subdivisions after December 31, 2008, for an appropriate period to permit an orderly transition to the national Federal tax lien registry established under section 6323(k) of the Internal Revenue Code of 1986. (f) Effective Date.--The amendments made by this section shall apply to notices of lien filed after December 31, 2008. The national Federal tax lien registry (established under section 6323(k) of the Internal Revenue Code of 1986) shall be made operational as of January 1, 2009, whether or not the Secretary of the Treasury has promulgated final regulations establishing such registry. SEC. 6. FEDERAL TAX CONVICTION DATABASE. (a) In General.--The Attorney General of the United States shall establish and maintain a database containing the names of individuals and entities with convictions for Federal tax offenses under the Internal Revenue Code of 1986. Such database shall be accessible and searchable by the head of any Federal agency for purposes of verifying information provided by prospective contractors. (b) Administrative Action.--The Attorney General shall issue regulations or other guidance providing for the maintenance and use of the database established under subsection (a). The Attorney General shall take appropriate steps to secure and prevent tampering with the data recorded therein. SEC. 7. REQUIRED ACCESS TO REGISTRY AND DATABASE. Not later than 180 days after the date of the enactment of this Act, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council shall amend the Federal Acquisition Regulation issued under sections 6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421) to require a contracting officer making a determination of responsibility with respect to any prospective contractor to access the national Federal tax lien registry established under section 6323(k) of the Internal Revenue Code of 1986 and the Federal tax conviction database established under section 6 of this Act. SEC. 8. CAUSES FOR DEBARMENT AND SUSPENSION. Not later than 180 days after the date of the enactment of this Act, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council shall amend the Federal Acquisition Regulation issued under sections 6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421)-- (1) to provide as a cause for either contractor debarment or suspension the knowingly making of false statements regarding Federal tax information, including on the Online Representations and Certifications Application or to the Central Contractor Registry, incurring a tax debt (as defined in section 3(b)), or the conviction or imposition of a civil judgment for the commission of Federal tax evasion or any other Federal tax offense, and (2) to require the debarring official or suspending official to provide a statement of explanation for the nondebarment or non-suspension of any contractor in any determination involving any cause for debarment or suspension described in paragraph (1).

Good Government Contractor Act of 2007 - Repeals provisions of the Tax Increase Prevention and Reconciliation Act of 2005 requiring government agencies to withhold 3% of payments due contractors providing goods and services to such agencies. Requires the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council to (1) amend the Federal Acquisition Regulation (FAR) to require prospective contractors to be free of any tax debt, to require contracting officers to access the national federal tax lien registry and the federal tax conviction database established by this Act in making a determination of responsibility with respect to any prospective contractor, and to establish as cause for contractor debarment and suspension the making of false statements regarding federal tax information; and (2) make final the proposed rule FAR Case 2006-011 (Representations and Certifications - Tax Delinquency). Amends the Internal Revenue Code to: (1) direct the Secretary of the Treasury to establish and maintain a federal tax lien registry, in lieu of filing tax liens in local jurisdictions, which would be accessible to and searchable by the public through the Internet at no cost; (2) establish the priority of a federal tax lien based upon the date and time of the filing of a notice of lien in the federal tax lien registry; and (3) reduce the period for releasing satisfied or unenforceable tax liens from 30 to 10 days. Requires the Attorney General to establish and maintain a database of individuals and entities with convictions for federal tax offenses.

A bill to amend the Internal Revenue Code of 1986 to simplify, modernize, and improve public notice of and access to tax lien information by providing for a national, Internet accessible, filing system for Federal tax liens, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bonuses for Cost-Cutters Act of 2017''. SEC. 2. COST SAVINGS ENHANCEMENTS. (a) In General.-- (1) Definitions.--Section 4511 of title 5, United States Code, is amended-- (A) in the section heading, by striking ``Definition'' and inserting ``Definitions''; and (B) in subsection (a)-- (i) by striking ``this subchapter, the term'' and inserting the following: ``this subchapter-- ``(1) the term''; (ii) by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(2) the term `surplus salaries and expenses funds' means amounts made available for the salaries and expenses account, or equivalent account, of an agency-- ``(A) that are identified by an employee of the agency under section 4512(a) as unnecessary; ``(B) that the Inspector General of the agency or other agency employee designated under section 4512(b) determines are not required for the purpose for which the amounts were made available; ``(C) that the Chief Financial Officer of the agency determines are not required for the purpose for which the amounts were made available; and ``(D) the rescission of which would not be detrimental to the full execution of the purposes for which the amounts were made available.''. (2) Authority.--Section 4512 of title 5, United States Code, is amended-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1), by inserting ``or identification of surplus salaries and expenses funds'' after ``mismanagement''; (ii) in paragraph (2), by inserting ``or identification'' after ``disclosure''; and (iii) in the matter following paragraph (2), by inserting ``or identification'' after ``disclosure''; and (B) by adding at the end the following: ``(c)(1) The Inspector General of an agency or other agency employee designated under subsection (b) shall refer to the Chief Financial Officer of the agency any potential surplus salaries and expenses funds identified by an employee that the Inspector General or other agency employee determines meets the requirements under subparagraphs (B) and (D) of section 4511(a)(2), along with any recommendations of the Inspector General or other agency employee. ``(2)(A) If the Chief Financial Officer of the agency determines that potential surplus salaries and expenses funds referred under paragraph (1) meet the requirements under section 4511(a)(2), except as provided in subsection (d), the head of the agency shall transfer the amount of the surplus salaries and expenses funds from the applicable appropriations account to the general fund of the Treasury. ``(B) Any amounts transferred under subparagraph (A) shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate). ``(3) The Inspector General or other agency employee designated under subsection (b) for each agency and the Chief Financial Officer for each agency shall issue standards and definitions for purposes of making determinations relating to potential surplus salaries and expenses funds identified by an employee under this subsection. ``(d)(1) The head of an agency may retain not more than 10 percent of amounts to be transferred to the general fund of the Treasury under subsection (c)(2). ``(2) Amounts retained by the head of an agency under paragraph (1) may be-- ``(A) used for the purpose of paying a cash award under subsection (a) to one or more employees who identified the surplus salaries and expenses funds; and ``(B) to the extent amounts remain after paying cash awards under subsection (a), transferred or reprogrammed for use by the agency, in accordance with any limitation on such a transfer or reprogramming under any other provision of law. ``(e)(1) Not later than October 1 of each fiscal year, the head of each agency shall submit to the Secretary of the Treasury a report identifying the total savings achieved during the previous fiscal year through disclosures of possible fraud, waste, or mismanagement and identifications of surplus salaries and expenses funds by an employee. ``(2) Not later than September 30 of each fiscal year, the head of each agency shall submit to the Secretary of the Treasury a report that, for the previous fiscal year-- ``(A) describes each disclosure of possible fraud, waste, or mismanagement or identification of potentially surplus salaries and expenses funds by an employee of the agency determined by the agency to have merit; and ``(B) provides the number and amount of cash awards by the agency under subsection (a). ``(3) The head of each agency shall include the information described in paragraphs (1) and (2) in each budget request of the agency submitted to the Office of Management and Budget as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31. ``(4) The Secretary of the Treasury shall submit to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the Government Accountability Office an annual report on Federal cost saving and awards based on the reports submitted under paragraphs (1) and (2). ``(f) The Director of the Office of Personnel Management shall-- ``(1) ensure that the cash award program of each agency complies with this section; and ``(2) submit to Congress an annual certification indicating whether the cash award program of each agency complies with this section. ``(g) Not later than 3 years after the date of enactment of this subsection, and every 3 years thereafter, the Comptroller General of the United States shall submit to Congress a report on the operation of the cost savings and awards program under this section, including any recommendations for legislative changes.''. (3) Technical and conforming amendment.--The table of sections for subchapter II of chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4511 and inserting the following: ``4511. Definitions and general provisions.''. (4) Sunset.--Effective 6 years after the date of enactment of this Act-- (A) section 4511 of title 5, United States Code, is amended-- (i) in the section heading, by striking ``Definitions'' and inserting ``Definition''; and (ii) in subsection (a)-- (I) in paragraph (1), by striking ``; and'' and inserting a period; (II) by striking ``this subchapter--'' and all that follows through ``the term `agency' means'' and inserting ``this subchapter, the term `agency' means''; and (III) by striking paragraph (2); (B) section 4512 of title 5, United States Code, is amended-- (i) in subsection (a)-- (I) in the matter preceding paragraph (1), by striking ``or identification of surplus salaries and expenses funds''; (II) in paragraph (2), by striking ``or identification''; and (III) in the matter following paragraph (2), by striking ``or identification''; and (ii) by striking subsections (c) through (g); and (C) the table of sections for subchapter II of chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4511 and inserting the following: ``4511. Definition and general provisions.''. (b) Officers Eligible for Cash Awards.-- (1) In general.--Section 4509 of title 5, United States Code, is amended to read as follows: ``Sec. 4509. Prohibition of cash award to certain officers ``(a) Definitions.--In this section, the term `agency'-- ``(1) has the meaning given that term under section 551(1); and ``(2) includes an entity described in section 4501(1). ``(b) Prohibition.--An officer may not receive a cash award under this subchapter if the officer-- ``(1) serves in a position at level I of the Executive Schedule; ``(2) is the head of an agency; or ``(3) is a commissioner, board member, or other voting member of an independent establishment.''. (2) Technical and conforming amendment.--The table of sections for chapter 45 of title 5, United States Code, is amended by striking the item relating to section 4509 and inserting the following: ``4509. Prohibition of cash award to certain officers.''.

Bonuses for Cost-Cutters Act of 2017 This bill temporarily expands the awards program for cost-saving identifications by federal employees of fraud, waste, or mismanagement to include identifications of surplus salaries-and-expenses funds. Savings resulting from such identifications shall generally be used for deficit reduction, but agencies may retain up to 10% of such savings for the purpose of paying cash awards to employees for making the identifications.

Bonuses for Cost-Cutters Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Salt Cedar and Russian Olive Control Demonstration Act''. SEC. 2. SALT CEDAR AND RUSSIAN OLIVE CONTROL DEMONSTRATION PROGRAM. (a) Establishment.--The Secretary of the Interior (referred to in this Act as the ``Secretary''), acting through the Commissioner of Reclamation and in cooperation with the Secretary of Agriculture and the Secretary of Defense, shall carry out a salt cedar (Tamarix spp) and Russian olive (Elaeagnus angustifolia) assessment and demonstration program-- (1) to assess the extent of the infestation by salt cedar and Russian olive trees in the western United States; (2) to demonstrate strategic solutions for-- (A) the long-term management of salt cedar and Russian olive trees; and (B) the reestablishment of native vegetation; and (3) to assess economic means to dispose of biomass created as a result of removal of salt cedar and Russian olive trees. (b) Assessment.-- (1) In general.--Not later than 1 year after the date on which funds are made available to carry out this Act, the Secretary shall complete an assessment of the extent of salt cedar and Russian olive infestation on public and private land in the western United States. (2) Requirements.--In addition to describing the acreage of and severity of infestation by salt cedar and Russian olive trees in the western United States, the assessment shall-- (A) consider existing research on methods to control salt cedar and Russian olive trees; (B) consider the feasibility of reducing water consumption by salt cedar and Russian olive trees; (C) consider methods of and challenges associated with the revegetation or restoration of infested land; and (D) estimate the costs of destruction of salt cedar and Russian olive trees, related biomass removal, and revegetation or restoration and maintenance of the infested land. (c) Long-Term Management Strategies.-- (1) In general.--The Secretary shall identify and document long-term management and funding strategies that-- (A) could be implemented by Federal, State, and private land managers in addressing infestation by salt cedar and Russian olive trees; and (B) should be tested as components of demonstration projects under subsection (d). (2) Grants.--The Secretary shall provide grants to institutions of higher education to develop public policy expertise in, and assist in developing a long-term strategy to address, infestation by salt cedar and Russian olive trees. (d) Demonstration Projects.-- (1) In general.--Not later than 180 days after the date on which funds are made available to carry out this Act, the Secretary shall establish a program that selects and funds not less than 5 projects proposed by and implemented in collaboration with Federal agencies, units of State and local government, national laboratories, Indian tribes, institutions of higher education, individuals, organizations, or soil and water conservation districts to demonstrate and evaluate the most effective methods of controlling salt cedar and Russian olive trees. (2) Project requirements.--The demonstration projects under paragraph (1) shall-- (A) be carried out over a time period and to a scale designed to fully assess long-term management strategies; (B) implement salt cedar or Russian olive tree control using 1 or more methods for each project in order to assess the full range of control methods, including-- (i) airborne application of herbicides; (ii) mechanical removal; and (iii) biocontrol methods, such as the use of goats or insects; (C) individually or in conjunction with other demonstration projects, assess the effects of and obstacles to combining multiple control methods and determine optimal combinations of control methods; (D) assess soil conditions resulting from salt cedar and Russian olive tree infestation and means to revitalize soils; (E) define and implement appropriate final vegetative states and optimal revegetation methods, with preference for self-maintaining vegetative states and native vegetation, and taking into consideration downstream impacts, wildfire potential, and water savings; (F) identify methods for preventing the regrowth and reintroduction of salt cedar and Russian olive trees; (G) monitor and document any water savings from the control of salt cedar and Russian olive trees, including impacts to both groundwater and surface water; (H) assess wildfire activity and management strategies; (I) assess changes in wildlife habitat; (J) determine conditions under which removal of biomass is appropriate (including optimal methods for the disposal or use of biomass); and (K) assess economic and other impacts associated with control methods and the restoration and maintenance of land. (e) Disposition of Biomass.-- (1) In general.--Not later than 1 year after the date on which funds are made available to carry out this Act, the Secretary, in cooperation with the Secretary of Agriculture, shall complete an analysis of economic means to use or dispose of biomass created as a result of removal of salt cedar and Russian olive trees. (2) Requirements.--The analysis shall-- (A) determine conditions under which removal of biomass is economically viable; (B) consider and build upon existing research by the Department of Agriculture and other agencies on beneficial uses of salt cedar and Russian olive tree fiber; and (C) consider economic development opportunities, including manufacture of wood products using biomass resulting from demonstration projects under subsection (d) as a means of defraying costs of control. (f) Costs.-- (1) In general.--With respect to projects and activities carried out under this Act-- (A) the assessment under subsection (b) shall be carried out at a cost of not more than $4,000,000; (B) the identification and documentation of long- term management strategies under subsection (c) shall be carried out at a cost of not more than $2,000,000; (C) each demonstration project under subsection (d) shall be carried out at a Federal cost of not more than $7,000,000 (including costs of planning, design, implementation, maintenance, and monitoring); and (D) the analysis under subsection (e) shall be carried out at a cost of not more than $3,000,000. (2) Cost-sharing.-- (A) In general.--The assessment under subsection (b), the identification and documentation of long-term management strategies under subsection (c), a demonstration project or portion of a demonstration project under subsection (d) that is carried out on Federal land, and the analysis under subsection (e) shall be carried out at full Federal expense. (B) Demonstration projects carried out on non- federal land.-- (i) In general.--The Federal share of the costs of any demonstration project funded under subsection (d) that is not carried out on Federal land shall not exceed-- (I) 75 percent for each of the first 5 years of the demonstration project; and (II) for the purpose of long-term monitoring, 100 percent for each of such 5-year extensions as the Secretary may grant. (ii) Form of non-federal share.--The non- Federal share of the costs of a demonstration project that is not carried out on Federal land may be provided in the form of in-kind contributions, including services provided by a State agency or any other public or private partner. (g) Cooperation.--In carrying out the assessment under subsection (b), the demonstration projects under subsection (d), and the analysis under subsection (e), the Secretary shall cooperate with and use the expertise of Federal agencies and the other entities specified in subsection (d)(1) that are actively conducting research on or implementing salt cedar and Russian olive tree control activities. (h) Independent Review.--The Secretary shall subject to independent review-- (1) the assessment under subsection (b); (2) the identification and documentation of long-term management strategies under subsection (c); (3) the demonstration projects under subsection (d); and (4) the analysis under subsection (e). (i) Reporting.-- (1) In general.--The Secretary shall submit to Congress an annual report that describes the results of carrying out this Act, including a synopsis of any independent review under subsection (h) and details of the manner and purposes for which funds are expended. (2) Public access.--The Secretary shall facilitate public access to all information that results from carrying out this Act. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act-- (1) $20,000,000 for fiscal year 2006; and (2) $15,000,000 for each subsequent fiscal year.

Salt Cedar and Russian Olive Control Demonstration Act - Directs the Secretary of the Interior (the Secretary), acting through the Commissioner of Reclamation and in cooperation with the Secretary of Agriculture and the Secretary of Defense, to carry out a salt cedar (Tamarix spp) and Russian olive (Elaeagnus angustifolia) assessment and demonstration program to: (1) assess the extent of the infestation by salt cedar and Russian olive trees in the western United States; (2) demonstrate strategic solutions for the long-term management of such trees and the reestablishment of native vegetation; and (3) assess economic means to dispose of biomass created as a result of removal of those trees. Requires the Secretary to: (1) complete an assessment of the extent of the infestation on public and private land; (2) identify and document long-term management and funding strategies that could be implemented by Federal, State, and private land managers in addressing the infestation and that should be tested as components of specified demonstration projects; and (3) establish a program that selects and funds at least five projects proposed by and implemented in collaboration with Federal agencies, State and local governments, national laboratories, Indian tribes, institutions of higher education, individuals, organizations, or soil and water conservation districts to demonstrate and evaluate the most effective methods of controlling salt cedar and Russian olive trees. Directs the Secretary, in cooperation with the Secretary of Agriculture, to complete an analysis of economic means to use or dispose of biomass created as a result of removal of salt cedar and Russian olive trees. Sets forth requirements regarding cost limitations and cost-sharing. Requires the Secretary to: (1) subject to independent review the assessment, identification and documentation of long-term management strategies, demonstration projects, and analysis; and (2) report annually to Congress. Authorizes appropriations for FY 2006 and beyond.

A bill to further the purposes of the Reclamation Projects Authorization and Adjustment Act of 1992 by directing the Secretary of the Interior, acting through the Commissioner of Reclamation, to carry out an assessment and demonstration program to control salt cedar and Russian olive, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetically Engineered Food Right- to-Know Act''. SEC. 2. PURPOSE AND FINDINGS. (a) Purpose.--The purposes of this Act are to-- (1) establish a consistent and enforceable standard for labeling of foods produced using genetic engineering, thereby providing consumers with knowledge of how their food is produced; and (2) prevent consumer confusion and deception by prohibiting the labeling of products produced from genetic engineering as ``natural'', and by promoting the disclosure of factual information on food labels to allow consumers to make informed decisions. (b) Findings.--Congress finds that-- (1) the process of genetically engineering food organisms results in material changes and the fact that foods are genetically engineered is of material importance to consumers; (2) the Food and Drug Administration requires the labeling of more than 3,000 ingredients, additives, and processes; (3) individuals in the United States have a right to know if their food was produced with genetic engineering for a variety of reasons, including health, economic, environmental, religious, and ethical; (4) more than 60 countries, including the United Kingdom and all other countries of the European Union, South Korea, Japan, Brazil, Australia, India, China, and other key United States trading partners have laws or regulations mandating disclosure of genetically engineered food on food labels; (5) in 2011, Codex Alimentarius, the food standards organization of the United Nations, adopted a text that indicates that governments can decide on whether and how to label foods produced with genetic engineering; (6) mandatory identification of food produced with genetic engineering can be a critical method of preserving the economic value of exports or domestically sensitive markets with labeling requirements for genetically engineered foods; and (7) the cultivation of genetically engineered crops can have adverse effects on the environment in the form of cross- pollination of native plants, increased herbicide usage, and impacts on non-target and beneficial organisms, including the Monarch butterfly. SEC. 3. AMENDMENTS TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. (a) In General.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z)(1) If it is a food that has been genetically engineered or contains 1 or more genetically engineered ingredients, unless the ingredients label clearly states that the food has been genetically engineered or identifies any genetically engineered ingredients, as applicable. ``(2) This paragraph does not apply to food that-- ``(A) is served in restaurants or other similar eating establishments, such as cafeterias and carryouts; ``(B) is a medical food (as defined in section 5(b) of the Orphan Drug Act); ``(C) would be subject to this paragraph solely because it was produced using a genetically engineered vaccine or drug; ``(D) is a food or processed food that would be subject to this paragraph solely because it includes the use of a genetically engineered processing aid (including yeast) or enzyme; or ``(E) is a packaged food consisting of materials produced through genetic engineering that do not account for more than nine-tenths of 1 percent of the total weight of the packaged food. ``(3) In this paragraph and in paragraph (aa): ``(A) The term `genetic engineering' means a process-- ``(i) involving the application of in vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles; ``(ii) involving the application of fusion of cells beyond the taxonomic family; or ``(iii) that overcomes natural physiological, reproductive, or recombinant barriers and that is not a process used in traditional breeding and selection. ``(B) The term `genetically engineered', used with respect to a food, means a material intended for human consumption that is-- ``(i) an organism that is produced through the intentional use of genetic engineering; or ``(ii) the progeny of intended sexual or asexual reproduction (or both) of 1 or more organisms that is the product of genetic engineering. ``(C) The term `genetically engineered ingredient' means a material that is an ingredient in a food that is derived from any part of an organism that has been genetically engineered, without regard to whether-- ``(i) the altered molecular or cellular characteristics of the organism are detectable in the material; and ``(ii) the organism is capable for use as human food.''. (b) Restrictions on the Term ``Natural''.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as amended by subsection (a), is further amended by adding at the end the following: ``(aa) If it is a food intended for human consumption that has been produced using genetic engineering or that contains one or more genetically engineered ingredients and it bears a label, or for which there is signage or advertising, containing a claim that the food is `natural', `naturally made', `naturally grown', `all natural', or using any similar words that would be misleading to a consumer.''. (c) Guaranty.-- (1) In general.--Section 303(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(d)) is amended-- (A) by striking ``(d)'' and inserting ``(d)(1)''; and (B) by adding at the end the following: ``(2)(A) No person shall be subject to the penalties of subsection (a)(1) for a violation of subsection (a), (b), or (c) of section 301 involving food that is misbranded within the meaning of paragraph (z) or (aa) of section 403 if such person (referred to in this paragraph as the `recipient') establishes a guaranty or undertaking that-- ``(i) is signed by, and contains the name and address of, a person residing in the United States from whom the recipient received in good faith the food (including the receipt of seeds to grow raw agricultural commodities); and ``(ii) contains a statement to the effect that the food is not genetically engineered or does not contain a genetically engineered ingredient. ``(B) In the case of a recipient who, with respect to a food, establishes a guaranty or undertaking in accordance with subparagraph (A), the exclusion under such subparagraph from being subject to penalties applies to the recipient without regard to the manner in which the recipient uses the food, including whether the recipient is-- ``(i) processing the food; ``(ii) using the food as an ingredient in a food product; ``(iii) repacking the food; or ``(iv) growing, raising, or otherwise producing the food. ``(C) No person may avoid responsibility or liability for a violation of subsection (a), (b), or (c) of section 301 involving food that is misbranded within the meaning of paragraph (z) or (aa) of section 403 by entering into a contract or other agreement that specifies that another person shall bear such responsibility or liability, except that a recipient may require a guaranty or undertaking as described in this subsection. ``(D) For purposes of this Act, food will be considered not to have been produced with the knowing or intentional use of genetic engineering if-- ``(i) such food is lawfully certified to be labeled, marketed, and offered for sale as `organic' pursuant to the Organic Foods Production Act of 1990; or ``(ii) an independent organization has determined that the food has not been knowingly or intentionally genetically engineered and has been segregated from, and not knowingly or intentionally commingled with, foods that may have been genetically engineered at any time, if such a determination has been made pursuant to a sampling and testing procedure that-- ``(I) is consistent with sampling and testing principles recommended by internationally recognized standards organizations; and ``(II) does not rely on testing processed foods in which no DNA is detectable. ``(E) In this subsection, the terms `genetically engineered' and `genetically engineered ingredient' have the meanings given the terms in section 403(z).''. (2) False guaranty.--Section 301(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(h)) is amended by inserting ``or 303(d)(2)'' after ``section 303(c)(2)''. (d) Unintended Contamination.--Section 303(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(d)), as amended by subsection (b), is further amended by adding at the end the following: ``(3)(A) No person shall be subject to the penalties of subsection (a)(1) for a violation of subsection (a), (b), or (c) of section 301 involving food that is misbranded within the meaning of section 403(z) if-- ``(i) such person is an agricultural producer and the violation occurs because food that is grown, raised, or otherwise produced by such producer, which food does not contain a genetically engineered material and was not produced with a genetically engineered material, is contaminated with a food that contains a genetically engineered material or was produced with a genetically engineered material; and ``(ii) such contamination is not intended by the agricultural producer. ``(B) Subparagraph (A) does not apply to an agricultural producer to the extent that the contamination occurs as a result of the negligence of the producer.''. (e) Promulgation of Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate proposed regulations establishing labeling requirements for compliance in accordance with section 403(z) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a).

Genetically Engineered Food Right-to-Know Act This bill amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale of food that has been genetically engineered or contains genetically engineered ingredients, unless that information is clearly disclosed. This prohibition does not apply to: (1) food served in restaurants, (2) medical food, (3) packaged food that is less than 0.9% genetically engineered material, and (4) food that qualifies as genetically engineered solely because it is produced using a genetically engineered vaccine or because it includes the use of a genetically engineered processing aid (including yeast) or enzyme. Labeling or advertising foods containing genetically engineered material as “natural,” or using similar words, is prohibited. A food recipient is not subject to penalties for misbranding of genetically engineered food or ingredients if the recipient has a guaranty that is signed by the person from whom they received the food (including seeds) and the guaranty states that the food is not genetically engineered or does not contain a genetically engineered ingredient. Food is deemed to have been produced without the knowing or intentional use of genetic engineering if: (1) the food is certified as organic; or (2) an independent organization determines the food has not been knowingly or intentionally genetically engineered or commingled with genetically engineered food, with that determination being based on testing that is consistent with international standards and not reliant on processed foods with no detectable DNA. An agricultural producer is not subject to penalties for misbranding of genetically engineered food or ingredients if a violation occurs because food unintentionally becomes contaminated with genetically engineered material and the contamination is not due to the producer’s negligence.

Genetically Engineered Food Right-to-Know Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighter Investment and Response Enhancement (FIRE) Act''. SEC. 2. FINDINGS. Congress finds that-- (1) increased demands on firefighting personnel have made it difficult for local governments to adequately fund necessary fire safety precautions; (2) the Federal Government has an obligation to protect the health and safety of the firefighting personnel of the United States and to help ensure that the personnel have the financial resources to protect the public; (3) the United States has serious fire losses, including a fire death rate that is one of the highest per capita in the industrialized world; (4) in the United States, fire kills more than 4,000 people and injures more than 25,000 people each year; (5) in any single day in the United States, on the average-- (A) 11 people will die because of fire; (B) 2 of those people are likely to be children under the age of 5; (C) 68 people will be injured because of fire; and (D) over $9,000,000,000 in property losses will occur from fire; and (6) those statistics demonstrate a critical need for Federal investment in support of firefighting personnel. SEC. 3. REDESIGNATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY. (a) In General.--The Federal Emergency Management Agency is redesignated as the ``Federal Fire and Emergency Management Agency''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal Emergency Management Agency shall be deemed to be a reference to the Federal Fire and Emergency Management Agency. (c) Conforming Amendments to Federal Fire Prevention and Control Act of 1974.--Sections 4(4), 17, and 31(a)(5)(B) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203(4), 2216, and 2227(a)(5)(B)) are amended by striking ``Federal Emergency Management Agency'' each place it appears and inserting ``Federal Fire and Emergency Management Agency''. SEC. 4. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end the following: ``SEC. 33. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT. ``(a) Definition of Firefighting Personnel.--In this section, the term `firefighting personnel' means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical service personnel of fire departments. ``(b) Grant Program.-- ``(1) Authority.--In accordance with this section, the Director may make grants on a competitive basis to fire departments for the purpose of protecting the health and safety of the public and firefighting personnel against fire and fire- related hazards. ``(2) Establishment of office for administration of grants.--Before making grants under paragraph (1), the Director shall establish an office in the Federal Fire and Emergency Management Agency that shall have the duties of establishing specific criteria for the selection of grant recipients, and administering the grants, under this section. ``(3) Use of grant funds.--The Director may make a grant under paragraph (1) only if the applicant for the grant agrees to use grant funds-- ``(A)(i) to train firefighting personnel in firefighting, emergency response, arson prevention and detection, or the handling of hazardous materials, which shall include, at a minimum, the removal of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine; or ``(ii) to train firefighter personnel to provide any of the training described in clause (i); ``(B) to make effective use of the capabilities of the National Institute of Standards and Technology, the Department of Commerce, the Consumer Product Safety Commission, and other public and private sector entities, for research and development aimed at advancing-- ``(i) the health and safety of firefighters; ``(ii) information technologies for fire management; ``(iii) technologies for fire prevention and protection; ``(iv) firefighting technologies; and ``(v) burn care and rehabilitation; ``(C) to fund the creation of rapid intervention teams to protect firefighting personnel at the scenes of fires and other emergencies; ``(D) to certify fire inspectors; ``(E) to establish wellness and fitness programs for firefighting personnel to ensure that the firefighting personnel can carry out their duties; ``(F) to fund emergency medical services provided by fire departments; ``(G) to acquire additional firefighting vehicles, including fire trucks; ``(H) to acquire additional firefighting equipment, including equipment for communications and monitoring; ``(I) to acquire personal protective equipment required for firefighting personnel by the Occupational Safety and Health Administration, and other personal protective equipment for firefighting personnel; ``(J) to modify fire stations, fire training facilities, and other facilities to protect the health and safety of firefighting personnel; ``(K) to enforce fire codes; ``(L) to fund fire prevention programs; or ``(M) to educate the public about arson prevention and detection. ``(4) Application.--The Director may make a grant under paragraph (1) only if the fire department seeking the grant submits to the Director an application in such form and containing such information as the Director may require. ``(5) Matching requirement.--The Director may make a grant under paragraph (1) only if the applicant for the grant agrees to match with an equal amount of non-Federal funds 10 percent of the funds received under paragraph (1) for any fiscal year. ``(6) Maintenance of expenditures.--The Director may make a grant under paragraph (1) only if the applicant for the grant agrees to maintain in the fiscal year for which the grant will be received the applicant's aggregate expenditures for the uses described in paragraph (3) at or above the average level of such expenditures in the 2 fiscal years preceding the fiscal year for which the grant will be received. ``(7) Report to the director.--The Director may make a grant under paragraph (1) only if the applicant for the grant agrees to submit to the Director a report, including a description of how grant funds were used, with respect to each fiscal year for which a grant was received. ``(8) Variety of grant recipients.--The Director shall ensure that grants under paragraph (1) for a fiscal year are made to a variety of fire departments, including, to the extent that there are eligible applicants-- ``(A) paid, volunteer, and combination fire departments; ``(B) fire departments located in communities of varying sizes; and ``(C) fire departments located in urban, suburban, and rural communities. ``(9) Limitation on expenditures for firefighting vehicles.--The Director shall ensure that not more than 25 percent of the assistance made available under paragraph (1) for a fiscal year is used for the use described in paragraph (3)(G). ``(c) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Director such sums as are necessary to carry out this section. ``(2) Limitation on administrative costs.--Of the amounts made available under paragraph (1) for a fiscal year, the Director may use not more than 10 percent for the administrative costs of carrying out this section.''.

Amends the Federal Fire Prevention and Control Act of 1974 to authorize the FFEMA Director to make grants on a competitive basis for protecting the health and safety of the public and firefighting personnel against fire and fire-related hazards. Requires: (1) ten percent non-Federal matching funds; (2) each grantee to report to the Director on grant uses; and (3) grants to be made to a variety of recipients, including paid and volunteer firefighters and urban, suburban, and rural fire departments. Authorizes appropriations.

Firefighter Investment and Response Enhancement (FIRE) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Big Oil Tax Subsidies Act of 2010''. SEC. 2. AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL EXPENDITURES. (a) In General.--Subparagraph (A) of section 167(h)(5) of the Internal Revenue Code of 1986 is amended by striking ``major integrated oil company'' and inserting ``covered large oil company''. (b) Covered Large Oil Company.--Paragraph (5) of section 167(h) of such Act is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Covered large oil company.--For purposes of this paragraph, the term `covered large oil company' means a taxpayer which-- ``(i) is a major integrated oil company, or ``(ii) has gross receipts in excess of $50,000,000 for the taxable year. For purposes of clause (ii), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (c) Conforming Amendment.--The heading for paragraph (5) of section 167(h) of such Code is amended by inserting ``and other large taxpayers''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010. SEC. 3. PRODUCING OIL AND GAS FROM MARGINAL WELLS. (a) In General.--Section 45I of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.-- ``(1) In general.--Subsection (a) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(2) Aggregation rule.--For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to credits determined for taxable years beginning after December 31, 2010. SEC. 4. ENHANCED OIL RECOVERY CREDIT. (a) In General.--Section 43 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.-- ``(1) In general.--Subsection (a) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(2) Aggregation rule.--For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (b) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010. SEC. 5. INTANGIBLE DRILLING AND DEVELOPMENT COSTS IN THE CASE OF OIL AND GAS WELLS. (a) In General.--Subsection (c) of section 263 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is not a small, independent oil and gas company, determined by deeming all persons treated as a single employer under subsections (a) and (b) of section 52 as 1 person.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010. SEC. 6. PERCENTAGE DEPLETION. (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.-- ``(1) In general.--This section and section 611 shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(2) Aggregation rule.--For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (b) Conforming Amendment.--Section 613A(c)(1) of such Code is amended by striking ``subsection (d)'' and inserting ``subsections (d) and (f)''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 7. TERTIARY INJECTANTS. (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.-- ``(1) In general.--Subsection (a) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(2) Exception for qualified carbon dioxide disposed in secure geological storage.--Paragraph (1) shall not apply in the case of any qualified tertiary injectant expense paid or incurred for any tertiary injectant is qualified carbon dioxide (as defined in section 45Q(b)) which is disposed of by the taxpayer in secure geological storage (as defined by section 45Q(d)). ``(3) Aggregation rule.--For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (b) Effective Date.--The amendment made by this section shall apply to expenses incurred after December 31, 2010. SEC. 8. PASSIVE ACTIVITY LOSSES AND CREDITS LIMITED. (a) In General.--Paragraph (3) of section 469(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(C) Exception for taxpayer who is not small, independent oil and gas company.-- ``(i) In general.--Subparagraph (A) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(ii) Aggregation rule.--For purposes of clause (i), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. SEC. 9. INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES. (a) In General.--Section 199 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.--Subsection (a) shall not apply to the income derived from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof by any taxpayer which for the taxable year is an oil and gas company which is not a small, independent oil and gas company.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 10. PROHIBITION ON USING LAST IN, FIRST-OUT ACCOUNTING FOR MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Major Integrated Oil Companies.--Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)) may not use the method provided in subsection (b) in inventorying of any goods.''. (b) Effective Date and Special Rule.-- (1) In general.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2010. (2) Change in method of accounting.--In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year beginning after the date of the enactment of this Act-- (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. SEC. 11. NO EXPENSING FOR REFINERIES PROCESSING LIQUID FUEL FROM TAR SANDS, SHALE, OR COAL. (a) In General.--Subsection (f) of section 179C of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, or'', and by inserting after paragraph (2) the following new paragraph: ``(3) which is used to process liquid fuel from tar sands, shale, or coal (including lignite).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2010.

End Big Oil Tax Subsidies Act of 2010 - Amends the Internal Revenue Code to require seven-year amortization of the geological and geophysical expenditures of covered large oil companies. Defines "covered large oil company" as a taxpayer which is a major integrated oil company or which has gross receipts in excess of $50 million in a taxable year. Denies certain tax benefits to any taxpayer that is not a small, independent oil and gas company, including: (1) the tax credits for producing oil and gas from marginal wells and for enhanced oil recovery; (2) expensing of intangible drilling and development costs in the case of gas wells and geothermal wells; (3) percentage depletion; (4) the tax deduction for qualified tertiary injectant expenses; (5) the exemption from limitations on passive activity losses; and (6) the tax deduction for income attributable to domestic production activities. Prohibits the use of the last-in, first-out (LIFO) accounting method by major integrated oil companies. Denies the election to expense the cost of refinery property which is used to process liquid fuel from tar sands, shale, or coal (including lignite).

To amend the Internal Revenue Code of 1986 to repeal fossil fuel subsidies for large oil companies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``False Claims Amendments Act of 1993''. SEC. 2. GOVERNMENT RIGHT TO DISMISS CERTAIN ACTIONS. Section 3730(b) of title 31, United States Code, is amended by adding at the end thereof the following new paragraph: ``(6)(A) No later than 60 days after the date of service under paragraph (2), the Government may move to dismiss from the action the qui tam relator if-- ``(i) all the necessary and specific material allegations contained in such action were derived from an open and active fraud investigation by the Government; or ``(ii) the person bringing the action learned of the information that underlies the alleged violation of section 3729 that is the basis of the action in the course of the person's employment by the United States, and none of the following has occurred: ``(I) In a case in which the employing agency has an inspector general, such person, before bringing the action-- ``(aa) disclosed in writing substantially all material evidence and information that relates to the alleged violation that the person possessed to such inspector general; and ``(bb) notified in writing the person's supervisor and the Attorney General of the disclosure under division (aa). ``(II) In a case in which the employing agency does not have an inspector general, such person, before bringing the action-- ``(aa) disclosed in writing substantially all material evidence and information that relates to the alleged violation that the person possessed, to the Attorney General; and ``(bb) notified in writing the person's supervisor of the disclosure under division (aa). ``(III) Twelve months (and any period of extension as provided for under subparagraph (B)) have elapsed since the disclosure of information and notification under either subclause (I) or (II) were made and the Attorney General has not filed an action based on such information. ``(B) Prior to the expiration of the 12-month period described under subparagraph (A)(ii)(III) and upon notice to the person who has disclosed information and provided notice under subparagraph (A)(ii) (I) or (II), the Attorney General may file a motion seeking an extension of such 12-month period. Such 12-month period may be extended by a court for not more than an additional 12-month period upon a showing by the Government that the additional period is necessary for the Government to decide whether or not to file such action. Any such motion may be filed in camera and may be supported by affidavits or other submissions in camera. ``(C) For purposes of subparagraph (A), a person's supervisor is the officer or employee who-- ``(i) is in a position of the next highest classification to the position of such person; ``(ii) has supervisory authority over such person; and ``(iii) such person believes is not culpable of the violation upon which the action under this subsection is brought by such person. ``(D) A motion to dismiss under this paragraph shall set forth documentation of the allegations, evidence, and information in support of the motion. ``(E) Any person bringing a civil action under paragraph (1) shall be provided an opportunity to contest a motion to dismiss under this paragraph. The court may restrict access to the evidentiary materials filed in support of the motion to dismiss, as the interests of justice require. A motion to dismiss and papers filed in support or opposition of such motion shall not be-- ``(i) made public without the prior written consent of the person bringing the civil action; and ``(ii) subject to discovery by the defendant. ``(F) If the motion to dismiss under this paragraph is granted, the matter shall remain under seal. ``(G) No later than 6 months after the date of the enactment of this paragraph, and every 6 months thereafter, the Department of Justice shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives relating to-- ``(i) the cases in which the Department of Justice has filed a motion to dismiss under this paragraph; ``(ii) the outcome of such motions; and ``(iii) the status of false claims civil actions in which such motions were filed.''. SEC. 3. PROVISIONS RELATING TO ACTIONS BARRED AND QUI TAM AWARDS. Section 3730 of title 31, United States Code, is further amended-- (1) in subsection (b)(1) by adding at the end thereof ``No claim for a violation of section 3729 may be waived or released by any action of any person, except insofar as such action is part of a court approved settlement of a false claim civil action brought under this section.''; (2) in subsection (d)-- (A) in the first sentence by striking out ``, subject to the second sentence of this paragraph,''; and (B) by striking out the second sentence; and (3) in subsection (e) by striking out paragraph (4). SEC. 4. WHISTLEBLOWER PROTECTION. Section 3730(h) of title 31, United States Code, is amended-- (1) by striking out ``(h)'' and inserting in lieu thereof ``(h) Whistleblower Protection.--(1)''; and (2) by adding at the end thereof the following new paragraphs: ``(2)(A) In any action brought by an employee under paragraph (1), the employee shall be entitled to relief if, based upon a preponderance of the evidence, the employee demonstrates that a lawful act described under paragraph (1) was a contributing factor in the action by the employer against the employee that is alleged in the complaint. ``(B) Notwithstanding the provisions of subparagraph (A), such employee shall not be entitled to relief, if the employer demonstrates by clear and convincing evidence that the employer would have taken the same action against the employee in the absence of such lawful act.''. SEC. 5. DEFINITION OF PERSON. Section 3730 of title 31, United States Code, is further amended by inserting at the end thereof the following new subsection: ``(i) Definition.--For purposes of this section the term `person' means any natural person, partnership, corporation, association, or other legal entity including any State or political subdivision of a State.''. SEC. 6. STATUTE OF LIMITATIONS. Section 3731(b) of title 31, United States Code, is amended to read as follows: ``(b)(1) A civil action under section 3730 may not be brought more than 6 years after the date on which the violation of section 3729 is committed. ``(2) For the purpose of computing the period described under paragraph (1), there shall be excluded all periods during which facts material to the right of action are not known and reasonably could not be known by the official of the United States with authority to act in the circumstances.''. SEC. 7. AUTHORITY TO ISSUE INVESTIGATIVE DEMANDS. Section 3733 of title 31, United States Code, is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A) by inserting ``or an Assistant Attorney General'' after ``Attorney General'' each place it appears; and (B) in the matter following subparagraph (D)-- (i) in the first sentence by inserting ``or an Assistant Attorney General'' after ``Attorney General''; and (ii) in the second sentence by striking out ``, the Deputy Attorney General,''; (2) in subsection (a)(2)-- (A) in subparagraph (F) by striking out ``designated by the Attorney General''; and (B) in subparagraph (G) by inserting ``or an Assistant Attorney General'' after ``Attorney General'' each place it appears; (3) in subsection (h)(6) by striking out ``, the Deputy Attorney General,''; (4) in subsection (i) by inserting ``or an Assistant Attorney General'' after ``Attorney General'' each place it appears; and (5) in subsection (l)(6) by inserting ``or an Assistant Attorney General'' after ``Attorney General''. SEC. 8. APPLICABILITY AND EFFECTIVE DATE. (a) In General.--(1) The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to cases filed on or after the date of enactment of this Act. (2) The provisions of section 3730(b)(6)(A)(i) of title 31, United States Code (as added by section 2 of this Act), and section 3730 (d) and (e) of such title (as amended by section 3 (2) and (3) of this Act), shall apply to cases pending on the date of the enactment of this Act. In any case that is pending on the date of the enactment of this Act in which the Government has elected to proceed with the action under section 3730(b)(4) of title 31, United States Code, the Government may file a motion to dismiss a qui tam relator under section 3730(b)(6)(A)(i) of such title (as added by section 2 of this Act), no later than 120 days after the date of the enactment of this Act. (b) Prior Laws.--(1) The amendments made by the False Claims Amendments Act of 1986 (Public Law 99-562) shall apply to cases filed on or after the date of the enactment of such Act, and to cases pending on such date that are still pending on the date of the enactment of this Act. (2) The amendments made by section 9 of the Major Fraud Act of 1988 (Public Law 100-700) shall apply to cases filed on or after the date of the enactment of such Act, and to cases pending on such date that are still pending on the date of enactment of this Act.

False Claims Amendments Act of 1993 - Amends the False Claims Act with respect to: (1) dismissal of qui tam actions at Government motion in specified circumstances where all material allegations derive from an open and active Federal fraud investigation or the person bringing the action based on information learned in the course of Government employment failed to take certain administrative steps; (2) waiver by private parties of the Government's rights to recover damages under such Act as part of any court approved settlement of a potential qui tam suit; (3) whistleblower protection; (4) the definition of "person" under such Act; (5) the Act's statute of limitations; and (6) the authority under such Act to issue civil investigative demands. Requires periodic reports by the Department of Justice to specified congressional committees on cases which the Department has moved to dismiss.

False Claims Amendments Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Water Protection Act''. SEC. 2. PROHIBITION ON SEWAGE DUMPING INTO THE GREAT LAKES. (a) In General.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(s) Prohibition on Sewage Dumping Into the Great Lakes.-- ``(1) Definitions.--In this subsection: ``(A) Bypass.--The term `bypass' means an intentional diversion of waste streams to bypass any portion of a treatment facility that results in a discharge into the Great Lakes. ``(B) Discharge.-- ``(i) In general.--The term `discharge' means a direct or indirect discharge of untreated sewage or partially treated sewage from a treatment works into the Great Lakes or a tributary of the Great Lakes. ``(ii) Inclusions.--The term `discharge' includes a bypass and a combined sewer overflow. ``(C) Great lakes.--The term `Great Lakes' has the meaning given the term in section 118(a)(3). ``(D) Partially treated sewage.--The term `partially treated sewage' means any sewage, sewage and storm water, or sewage and wastewater, from domestic or industrial sources that-- ``(i) is not treated to national secondary treatment standards for wastewater; or ``(ii) is treated to a level less than the level required by the applicable national pollutant discharge elimination system permit. ``(E) Treatment facility.--The term `treatment facility' includes all wastewater treatment units used by a publicly owned treatment works to meet secondary treatment standards or higher, as required to attain water quality standards, under any operating conditions. ``(F) Treatment works.--The term `treatment works' has the meaning given the term in section 212. ``(2) Prohibition.--A publicly owned treatment works is prohibited from performing a bypass unless-- ``(A)(i) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; ``(ii) there is not a feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime; and ``(iii) the treatment works provides notice of the bypass in accordance with this subsection; or ``(B) the bypass does not cause effluent limitations to be exceeded, and the bypass is for essential maintenance to ensure efficient operation of the treatment facility. ``(3) Limitation.--The requirement of paragraph (2)(A)(ii) is not satisfied if-- ``(A) adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent the bypass; and ``(B) the bypass occurred during normal periods of equipment downtime or preventive maintenance. ``(4) Immediate notice requirements.-- ``(A) In general.--The Administrator shall work with States having publicly owned treatment works subject to the requirements of this subsection to create immediate notice requirements in the event of discharge that provide for the method, contents, and requirements for public availability of the notice. ``(B) Minimum requirements.-- ``(i) In general.--At a minimum, the contents of the notice shall include-- ``(I) the exact dates and times of the discharge; ``(II) the volume of the discharge; and ``(III) a description of any public access areas impacted. ``(ii) Consistency.--Minimum requirements shall be consistent for all States. ``(C) Additional requirements.--The Administrator and States described in subparagraph (A) shall include-- ``(i) follow-up notice requirements that provide a more full description of each event, the cause, and plans to prevent reoccurrence; and ``(ii) annual publication requirements that list each treatment works from which the Administrator or the State receive a follow-up notice. ``(D) Timing.--The notice and publication requirements described in this paragraph shall be implemented not later than 2 years after the date of enactment of this subsection. ``(5) Sewage blending.--Bypasses prohibited by this section include bypasses resulting in discharges from a publicly owned treatment works that consist of effluent routed around treatment units and thereafter blended together with effluent from treatment units prior to discharge. ``(6) Implementation.--As soon as practicable, the Administrator shall establish procedures to ensure that permits issued under this section (or under a State permit program approved under this section) to a publicly owned treatment works include requirements to implement this subsection. ``(7) Increase in maximum civil penalty for violations occurring after january 1, 2035.--Notwithstanding section 309, in the case of a violation of this subsection occurring on or after January 1, 2035, or any violation of a permit limitation or condition implementing this subsection occurring after that date, the maximum civil penalty that shall be assessed for the violation shall be $100,000 per day for each day the violation occurs. ``(8) Applicability.--This subsection shall apply to a bypass occurring after the last day of the 1-year period beginning on the date of enactment of this subsection.''. (b) Great Lakes Cleanup Fund.-- (1) Establishment.--Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended-- (A) by redesignating section 519 (33 U.S.C. 1251 note) as section 520; and (B) by inserting after section 518 (33 U.S.C. 1377) the following: ``SEC. 519. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND. ``(a) Definitions.--In this section: ``(1) Fund.--The term `Fund' means the Great Lakes Cleanup Fund established by subsection (b). ``(2) Great lakes; great lakes states.--The terms `Great Lakes' and `Great Lakes States' have the meanings given the terms in section 118(a)(3). ``(b) Establishment of Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Great Lakes Cleanup Fund' (referred to in this section as the `Fund'). ``(c) Transfers to Fund.--Effective January 1, 2035, there are authorized to be appropriated to the Fund amounts equivalent to the penalties collected for violations of section 402(s). ``(d) Administration of Fund.--The Administrator shall administer the Fund. ``(e) Use of Funds.--The Administrator shall-- ``(1) make the amounts in the Fund available to the Great Lakes States for use in carrying out programs and activities for improving wastewater discharges into the Great Lakes, including habitat protection and wetland restoration; and ``(2) allocate those amounts among the Great Lakes States based on the proportion that-- ``(A) the amount attributable to a Great Lakes State for penalties collected for violations of section 402(s); bears to ``(B) the total amount of those penalties attributable to all Great Lakes States. ``(f) Priority.--In selecting programs and activities to be funded using amounts made available under this section, a Great Lakes State shall give priority consideration to programs and activities that address violations of section 402(s) resulting in the collection of penalties.''. (2) Conforming amendments to state revolving fund program.--Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended-- (A) by striking ``There is'' and inserting ``(a) In General.--There is''; and (B) by adding at the end the following: ``(b) Treatment of Great Lakes Cleanup Fund.--For purposes of this title, amounts made available from the Great Lakes Cleanup Fund under section 519 shall be treated as funds authorized to be appropriated to carry out this title and as funds made available under this title, except that the funds shall be made available to the Great Lakes States in accordance with section 519.''.

Great Lakes Water Protection Act This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a publicly owned treatment works (POTW) from discharging untreated or partially treated sewage into the Great Lakes or a tributary of the Great Lakes when the discharge is the result of the POTW intentionally diverting waste streams to bypass any portion of a treatment facility. A bypass is allowed if: (1) it is unavoidable to prevent loss of life, personal injury, or severe property damage, there is no feasible alternative, and the treatment works provides notice; or (2) it does not cause effluent (waste) limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility. The Environmental Protection Agency (EPA) must work with relevant states to create requirements for providing immediate notice to the public about discharges. The EPA must establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to comply with this bill. This bill establishes a maximum civil penalty of $100,000 per day for violations of the bill occurring on or after January 1, 2035. The penalties must be deposited into the Great Lakes Cleanup Fund, which is established by this bill. The Fund must be used for improving wastewater discharges.

Great Lakes Water Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Protection Act of 2005''. SEC. 2. FINDINGS. Congress hereby finds that-- (1) small businesses represent more than 99 percent of all employers, (2) the majority of private sector employees work for small businesses, (3) more than half of all high-tech workers work for small businesses, (4) small businesses are responsible for the majority of net job creation in the United States, (5) more than 12 million small businesses are owned by women or minorities, (6) small businesses face unique challenges in accessing capital markets, (7) small businesses are exposed to more market volatility than larger employers, (8) small businesses are hurt disproportionately by costs imposed by government regulations, and (9) small businesses are in need of reforms to the tax code that reflect these unique challenges. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to provide employees salaries and benefits, and to help ensure solvency of small businesses during times of recession, (2) to encourage the formation, growth, and survival of small businesses, (3) to encourage opportunities for charitable giving by small businesses, and (4) to enable small businesses to stimulate the national economy through increased employment and capital generation. SEC. 4. SMALL BUSINESS PROTECTION ACCOUNTS. (a) In General.--Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 (relating to taxable year for which deductions taken) is amended by inserting after section 468B the following: ``SEC. 468C. SMALL BUSINESS PROTECTION ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual engaged in an eligible small business, there shall be allowed as a deduction for any taxable year the amount paid in cash by the taxpayer during the taxable year to a Small Business Protection Account. ``(b) Limitation.-- ``(1) In general.--The amount which a taxpayer may pay into a Small Business Protection Account for any taxable year shall not exceed 50 percent of so much of the net profit of the taxpayer (determined without regard to this section) which is attributable (determined in the manner applicable under section 1301) to any trade or business. ``(2) Carryover of excess limitation.--If the limitation under paragraph (1) for any taxable year exceeds the amount paid by the taxpayer to the taxpayer's Small Business Protection Account for such year, the limitation under paragraph (1) for the following taxable year (determined without regard to this paragraph) shall be increased by such excess. ``(c) Eligible Small Business.--For purposes of this section, the term `eligible small business' means any trade or business if-- ``(1) such trade or business (or any predecessor thereof) meets the gross receipts test of section 448(c) for all prior taxable years, ``(2) such trade or business is not a passive activity (within the meaning of section 469(c)) of the taxpayer, ``(3) such trade or business is not a farming business (as defined in section 263A(e)(4)), and ``(4) such trade or business has never been determined by the United States Equal Employment Opportunity Commission to have engaged in job discrimination. ``(d) Small Business Protection Account.--For purposes of this section-- ``(1) In general.--The term `Small Business Protection Account' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(D) All income of the trust is distributed currently to the grantor. ``(E) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Account taxed as grantor trust.--The grantor of a Small Business Protection Account shall be treated for purposes of this title as the owner of such Account and shall be subject to tax thereon in accordance with subpart E of part I of subchapter J of this chapter (relating to grantors and others treated as substantial owners). ``(e) Inclusion of Amounts Distributed.-- ``(1) In general.--Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from a Small Business Protection Account of the taxpayer during such taxable year, and ``(B) any deemed distribution under-- ``(i) subsection (f)(1) (relating to deposits not distributed within 5 years), ``(ii) subsection (f)(2) (relating to cessation in eligible small business), and ``(iii) subparagraph (A) or (B) of subsection (f)(3) (relating to prohibited transactions and pledging account as security). ``(2) Exceptions.--Paragraph (1)(A) shall not apply to-- ``(A) any distribution to the extent attributable to income of the Account, and ``(B) the distribution of any contribution paid during a taxable year to a Small Business Protection Account to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. For purposes of subparagraph (A), distributions shall be treated as first attributable to income and then to other amounts. ``(f) Special Rules.-- ``(1) Tax on deposits in account which are not distributed within 5 years.-- ``(A) In general.--If, at the close of any taxable year, there is a nonqualified balance in any Small Business Protection Account-- ``(i) there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and ``(ii) the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. The preceding sentence shall not apply if an amount equal to such nonqualified balance is distributed from such Account to the taxpayer before the due date (including extensions) for filing the return of tax imposed by this chapter for such year (or, if earlier, the date the taxpayer files such return for such year). ``(B) Nonqualified balance.--For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the Account on the last day of the taxable year which is attributable to amounts deposited in such Account before the 4th preceding taxable year. ``(C) Ordering rule.--For purposes of this paragraph, distributions from a Small Business Protection Account (other than distributions of current income) shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. ``(2) Cessation in eligible business.--At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible small business, there shall be deemed distributed from the Small Business Protection Account of the taxpayer an amount equal to the balance in such Account (if any) at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 2 consecutive taxable years for which the taxpayer is not engaged in an eligible small business. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 220(f)(8) (relating to treatment on death). ``(B) Section 408(e)(2) (relating to loss of exemption of account where individual engages in prohibited transaction). ``(C) Section 408(e)(4) (relating to effect of pledging account as security). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodial accounts). ``(4) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to a Small Business Protection Account on the last day of a taxable year if such payment is made on account of such taxable year and is made on or before the due date (without regard to extensions) for filing the return of tax for such taxable year. ``(5) Individual.--For purposes of this section, the term `individual' shall not include an estate or trust. ``(6) Deduction not allowed for self-employment tax.--The deduction allowable by reason of subsection (a) shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. ``(g) Reports.--The trustee of a Small Business Protection Account shall make such reports regarding such Account to the Secretary and to the person for whose benefit the Account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by such regulations.''. (b) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following: ``(4) a Small Business Protection Account (within the meaning of section 468C(d)),''. (2) Section 4973 of such Code is amended by adding at the end the following: ``(h) Excess Contributions to Small Business Protection Account.-- For purposes of this section, in the case of a Small Business Protection Account (within the meaning of section 468C(d)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the Account exceeds the amount which may be contributed to the Account under section 468C(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of the Small Business Protection Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.''. (3) The section heading for section 4973 of such Code is amended to read as follows: ``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES, ETC.''. (4) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4973 and inserting the following: ``Sec. 4973. Excess contributions to certain accounts, annuities, etc.''. (c) Tax on Prohibited Transactions.-- (1) Subsection (c) of section 4975 of such Code (relating to tax on prohibited transactions) is amended by adding at the end the following: ``(7) Special rule for small business protection account.-- A person for whose benefit a Small Business Protection Account (within the meaning of section 468C(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a Small Business Protection Account by reason of the application of section 468C(f)(3)(A) to such account.''. (2) Paragraph (1) of section 4975(e) of such Code is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following: ``(F) a Small Business Protection Account described in section 468C(d),''. (d) Failure to Provide Reports on Small Business Protection Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following: ``(D) section 468C(g) (relating to Small Business Protection Accounts),''. (e) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 468B the following: ``Sec. 468C. Small Business Protection Accounts.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (g) Report.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall submit a report on the implementation and effectiveness of section 468C of the Internal Revenue Code of 1986 (as added by this section), with emphasis on the impact of Small Business Protection Accounts in enterprise and similar zones, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate. SEC. 5. ADMINISTRATIVE AUTHORITY. The Administrator of the Small Business Administration shall designate the Small Business Development Center Program as the lead agency for assisting small businesses in establishing and operating Small Business Protection Accounts. The Internal Revenue Service shall provide such assistance to the Small Business Administration as necessary for the purposes of this section.

Small Business Protection Act of 2005 - Amends the Internal Revenue Code to allow certain small business owners a tax deduction for cash contributions to a Small Business Protection Account. Limits the amount of such deduction to 50 percent of a taxpayer's net profits. Directs the Small Business Administration, through the Small Business Development Center Program, to assist small businesses in establishing and operating Small Business Protection Accounts.

To amend the Internal Revenue Code of 1986 to provide for Small Business Protection Accounts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Montgomery GI Bill Enhancement Act of 2007''. SEC. 2. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER THE MONTGOMERY GI BILL. (a) In General.--Chapter 30 of title 38, United States Code, is amended by inserting after section 3018C the following new section: ``Sec. 3018D. Opportunity for certain active-duty personnel to enroll ``(a)(1) Notwithstanding any other provision of this chapter, during the one-year period beginning on the date of the enactment of this section, a qualified individual (described in subsection (b)) may make an irrevocable election under this section to become entitled to basic educational assistance under this chapter. ``(2) The Secretary of each military department shall provide for procedures for a qualified individual to make an irrevocable election under this section in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy. ``(b) A qualified individual referred to in subsection (a) is an individual who meets each of the following requirements: ``(1) The individual first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces before July 1, 1985. ``(2) The individual has served on active duty without a break in service since the date the individual first became such a member or first entered on active duty as such a member and continues to serve on active duty for some or all of the one-year period referred to in subsection (a). ``(3) The individual, before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree. ``(4) The individual, when discharged or released from active duty, is discharged or released therefrom with an honorable discharge. ``(c)(1) Subject to the succeeding provisions of this subsection, with respect to a qualified individual who makes an election under this section to become entitled to basic educational assistance under this chapter-- ``(A) the basic pay of the qualified individual shall be reduced (in a manner determined by the Secretary concerned) until the total amount by which such basic pay is reduced is $2,700; and ``(B) to the extent that basic pay is not so reduced before the qualified individual's discharge or release from active duty as specified in subsection (b)(4), at the election of the qualified individual-- ``(i) the Secretary concerned shall collect from the qualified individual; or ``(ii) the Secretary concerned shall reduce the retired or retainer pay of the qualified individual by, an amount equal to the difference between $2,700 and the total amount of reductions under subparagraph (A), which shall be paid into the Treasury of the United States as miscellaneous receipts. ``(2)(A) The Secretary concerned shall provide for an 18-month period, beginning on the date the qualified individual makes an election under this section, for the qualified individual to pay that Secretary the amount due under paragraph (1). ``(B) Nothing in subparagraph (A) shall be construed as modifying the period of eligibility for and entitlement to basic educational assistance under this chapter applicable under section 3031 of this title. ``(d) With respect to qualified individuals referred to in subsection (c)(1)(B), no amount of educational assistance allowance under this chapter shall be paid to the qualified individual until the earlier of the date on which-- ``(1) the Secretary concerned collects the applicable amount under clause (i) of such subsection; or ``(2) the retired or retainer pay of the qualified individual is first reduced under clause (ii) of such subsection. ``(e) The Secretary, in conjunction with the Secretary of Defense, shall provide for notice of the opportunity under this section to elect to become entitled to basic educational assistance under this chapter.''. (b) Conforming Amendments.--Section 3017(b)(1) of such title is amended-- (1) in subparagraphs (A) and (C), by striking ``or 3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and (2) in subparagraph (B), by inserting ``or 3018D(c)'' after ``under section 3018C(e)''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of such title is amended by inserting after the item relating to section 3018C the following new item: ``3018D. Opportunity for certain active-duty personnel to enroll.''.

Montgomery GI Bill Enhancement of 2007 - Authorizes certain members of the Armed Forces to make an irrevocable election during the one-year period beginning on enactment of this Act to become entitled to basic educational assistance under the Montgomery GI Bill. Requires a reduction in basic pay of those members electing such educational assistance or, if the member is discharged or released from active duty prior to such reduction, the collection of specified amounts from the member or an equivalent reduction in retired or retainer pay. Provides for notice of the opportunity created by this Act to elect educational assistance under the Montgomery GI Bill.

To amend title 38, United States Code, to provide for certain servicemembers to become eligible for educational assistance under the Montgomery GI Bill.

SECTION 1. DEFINITIONS. Section 24102 of title 49, United States Code, is amended-- (1) by striking paragraphs (1), (2), (3), (6), (7), (10), and (11); and (2) by redesignating paragraphs (4), (5), (8), and (9) as paragraphs (1), (2), (3), and (4), respectively. SEC. 2. ENFORCEMENT. Section 24103 of such title is amended-- (1) by repealing subsection (b); and (2) by redesignating subsection (c) as subsection (b). SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 24104 of such title is amended to read as follows: ``Sec. 24104. Authorization of appropriations ``There are authorized to be appropriated to the Secretary of Transportation for the benefit of Amtrak-- ``(1) $700,000,000 for fiscal year 1998; ``(2) $600,000,000 for fiscal year 1999; ``(3) $400,000,000 for fiscal year 2000; and ``(4) $200,000,000 for fiscal year 2001. No funds are authorized to be appropriated to the Secretary for the benefit of Amtrak for any fiscal year after fiscal year 2001.''. SEC. 4. CHAPTER 243 AMENDMENTS. Chapter 243 of such title is amended-- (1) in the table of sections-- (A) by striking the items relating to sections 24302 through 24315; and (B) by inserting after the item relating to section 24301 the following new item: ``24302. Relinquishment of rights to stock, notes, and mortgages.''; (2) in section 24301-- (A) by repealing subsections (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), and (n); and (B) by redesignating subsection (m) as subsection (b); (3) by repealing sections 24302 through 25315; and (4) by adding at the end the following new section: ``Sec. 24302. Relinquishment of rights to stock, notes, and mortgages ``The United States relinquishes any rights held by virtue of any stock, note of indebtedness, or mortgage issued by or entered into with Amtrak.''. SEC. 5. CHAPTER 245 AMENDMENTS. (a) Section 24501(g) Amendment.--Section 24501(g) of such title is amended by striking ``Amtrak is exempt'' and inserting in lieu thereof ``Amtrak Commuter is exempt''. (b) Section 24504(c) Repeal.--Section 24504(c) of such title is repealed. SEC. 6. CHAPTERS 247 AND 249 REPEALED. Chapters 247 and 249 of such title, and the items relating thereto in the table of chapters of subtitle V of such title, are repealed. SEC. 7. SERVICE DISCONTINUANCE. (a) Amendment.--Chapter 241 of such title is amended by adding at the end the following new section: ``Sec. 24105. Service discontinuance ``(a) Wage Continuation or Severance Benefit.--Notwithstanding any arrangement in effect before the date of enactment of this section, no employee of a rail carrier providing rail passenger transportation whose employment is terminated as a result of a discontinuance of intercity rail passenger service shall receive any wage continuation or severance benefit in excess of 6 months pay. This subsection shall not affect the obligations of rail carriers under section 11326 of this title. ``(b) Transfer.--Notwithstanding any arrangement in effect before the date of enactment of this section, a rail carrier providing rail passenger transportation may require an employee whose position is eliminated as a result of a discontinuance of intercity rail passenger service to transfer to any vacant position for which the employee can be made qualified on any part of such rail carrier's system. If such transfer requires a change in residence or seniority district, the employee shall choose-- ``(1) to transfer to the position and be covered by the collective bargaining agreement applicable to the seniority district to which he is transferred; or ``(2) to voluntarily furlough himself at his home location and receive protective benefits not in excess of the amount authorized under subsection (a). For purposes of this subsection, a transfer shall be considered to require a change in residence if the new employment is more than 30 miles from the employee's place of residence and is farther from that residence than was the former work location.''. (b) Table of Sections.--The table of sections of chapter 241 of such title is amended by adding at the end the following new item: ``24105. Service Discontinuance.''. SEC. 8. FEDERAL EMPLOYERS' LIABILITY ACT. The Act entitled ``An Act relating to the liability of common carriers by railroad to their employees in certain cases.'', enacted April 22, 1908 (45 U.S.C. 51 et seq.; popularly referred to as the ``Federal Employers' Liability Act'' or the ``Employers' Liability Act'') is amended by adding at the end the following new section: ``Sec. 11. This Act shall not apply to common carriers to the extent they provide rail passenger transportation.''. SEC. 9. CONFORMING AMENDMENTS. (a) Employee Protective Arrangements.--Section 11326 of title 49, United States Code, is amended by striking ``, and the terms established under section 24706(c) of this title''. (b) Terminal Facilities.--Section 5567 of title 49, United States Code, and the item relating thereto in the table of sections of chapter 55 of such title, are repealed. SEC. 10. EFFECTIVE DATES. (a) General Rule.--Except as otherwise provided in this section, this Act shall take effect 1 year after the date of its enactment. (b) Exceptions.--(1) Sections 3, 7, and 8 of this Act shall take effect immediately upon enactment. (2) The repeal of section 24909 of title 49, United States Code, shall take effect on October 1, 1997.

Amends Federal transportation law to repeal specified authorities with respect to the National Railroad Passenger Corporation (Amtrak), eliminating intercity rail passenger transportation (while retaining Amtrak commuter services). Repeals a provision which provides for the judicial review of the discontinuance of a route, a train, or transportation, or the reduction in the frequency of transportation by Amtrak. Authorizes appropriations in decreasing amounts over four fiscal years. Repeals specified laws that apply to Amtrak operations, abolishing the Board of Directors. Declares that the United States relinquishes all rights held in any stock, note of indebtedness, or mortgage issued by or entered into with Amtrak. Repeals: (1) certain provisions which require Amtrak to make an agreement to avoid duplicating employee functions; (2) all authority for operation of the Amtrak route system; and (3) all authority for the Northeast Corridor improvement program. Prohibits a rail carrier employee whose employment is terminated as a result of a discontinuance of intercity rail passenger service from receiving any wage continuation or severance benefit in excess of six months pay. Authorizes a rail carrier to require an employee whose position is eliminated as a result of such discontinuance to transfer to any vacant position for which he or she can be made qualified on any part of the rail carrier's system. (Sec. 8) Amends the Federal Employers' Liability Act (or Employers' Liability Act) to declare that it shall not apply to common carriers to the extent they provide rail passenger transportation.

To amend title 49, United States Code, to eliminate provisions of Federal law that provide special support for, or burdens on, the operation of Amtrak as a passenger rail carrier, and for other purposes.

REVOLVING FUND. ``(a) Establishment.--There is established in the Treasury of the United States a United States Institute for Environmental Conflict Resolution Revolving Fund to be administered by the Foundation. The Revolving Fund shall consist of amounts appropriated to the Revolving Fund under section 13(b) and amounts paid into the Revolving Fund under section 11. ``(b) Expenditures.--The Foundation shall expend from the Revolving Fund such sums as the Board determines are necessary and appropriate to establish and operate the Institute, including such amounts as are necessary for salaries, administration, the provision of mediation and other services, and such other expenses as the Board determines are reasonable and necessary. ``(c) Distinction From Trust Fund.--The Revolving Fund shall be maintained separately from the Trust Fund established under section 8. ``(d) Program Priorities.--The Revolving Fund shall not be subject to section 7(c) or section 9. ``(e) Investment of Amounts.-- ``(1) In general.--The Secretary of the Treasury shall invest such portion of the Revolving Fund as is not, in the judgment of the Secretary, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. ``(2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- ``(A) on original issue at the issue price; or ``(B) by purchase of outstanding obligations at the market price. ``(3) Sale of obligations.--Any obligation acquired by the Revolving Fund may be sold by the Secretary of the Treasury at the market price. ``(4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Revolving Fund shall be credited to and form a part of the Revolving Fund.''. SEC. 7. USE OF THE INSTITUTE BY A FEDERAL AGENCY. The Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.) (as amended by section 6) is amended by inserting after section 10 the following: ``SEC. 11. USE OF THE INSTITUTE BY A FEDERAL AGENCY. ``(a) Authorization.--A Federal agency may use the Foundation and the Institute to provide assessment, mediation, or other related services in connection with a dispute or conflict related to the environment, public lands, or natural resources. ``(b) Payment.-- ``(1) In general.--A Federal agency may enter into a contract and expend funds to obtain the services of the Institute. ``(2) Payment into revolving fund.--A payment from an executive agency on a contract entered into under paragraph (1) shall be paid into the Revolving Fund. ``(c) Notification and Concurrence.-- ``(1) Notification.--An agency or instrumentality of the Federal Government shall notify the chairperson of the President's Council on Environmental Quality before using the Foundation or the Institute to provide the services described in subsection (a). ``(2) Notification descriptions.--A notification under paragraph (1) shall include a written description of-- ``(A) the issues and parties involved; ``(B) prior efforts, if any, undertaken by the agency to resolve or address the issue or issues; and ``(C) other relevant information. ``(3) Concurrence.--In a case that involves a dispute or disagreement between 2 or more agencies or instrumentalities of the Federal Government (including branches or divisions of a single agency or instrumentality), an agency or instrumentality of the Federal Government shall obtain the concurrence of the chairperson of the President's Council on Environmental Quality before using the Foundation or Institute to provide the services described in subsection (a).''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 13 of the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (as redesignated by section 6(a)) is amended-- (1) by striking ``There are authorized to be appropriated to the Fund'' and inserting the following: ``(a) Trust Fund.--There are authorized to be appropriated to the Trust Fund''; and (2) by adding at the end the following: ``(b) Revolving Fund.--There are authorized to be appropriated to the Revolving Fund $3,000,000 for fiscal year 1998 and $2,100,000 for each of fiscal years 1999 through 2002.''. SEC. 9. CONFORMING AMENDMENTS. (a) The second sentence of section 8(a) of the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C. 5606) is amended-- (1) by striking ``fund'' and inserting ``Trust Fund''; and (2) by striking ``section 11'' and inserting ``section 13(a)''. (b) Sections 7(a)(6), 8(b), and 9(a) of the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C. 5605(a)(6), 5606(b), 5607(a)) are each amended by striking ``Fund'' and inserting ``Trust Fund'' each place it appears.

Environmental Policy and Conflict Resolution Act of 1997 - Amends the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to include in the Board of Trustees of the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation the chairperson of the President's Council on Environmental Quality. Revises the purposes and authority of the Foundation to include establishment of the United States Institute for Environmental Conflict Resolution to assist the Government in implementing environmental assessment provisions of the National Environmental Policy Act of 1969. Establishes in the Treasury a United States Institute for Environmental Conflict Resolution Revolving Fund, for establishment and operation of the Institute, to be administered by the Foundation. Establishes procedures for use by a Federal agency of the Foundation and the Institute to provide assessment, mediation, or related services in connection with a dispute or conflict related to the environment, public lands, or natural resources. Authorizes appropriations.

Environmental Policy and Conflict Resolution Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Transportation Systems Vulnerability Assessment and Reduction Act of 2003''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Frontline transit employee.--The term ``frontline transit employee'' means an employee of a mass transportation agency who is a bus driver, transit operator, transit maintenance employee, or community representative or is otherwise employed in a position with direct interaction with the public. (2) Eligible transportation agency.--The term ``eligible transportation agency'' means a designated recipient as defined in section 5307(a) of title 49, United States Code, and any other transportation agency designated by the Secretary. (3) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. PUBLIC TRANSPORTATION SYSTEMS VULNERABILITY ASSESSMENTS. (a) Assessment.--The Secretary, in consultation with the heads of other appropriate Federal departments and agencies, shall-- (1) conduct a review of all government assessments conducted after September 11, 2001, of terrorist-related threats to all forms of public transportation, including public gathering areas related to public transportation; and (2) as necessary, conduct additional assessments of vulnerabilities associated with any public transportation system. (b) Adequacy of Training.--In conducting the review and assessments under subsection (a), the Secretary shall determine the percentage of frontline transit employees who have received training in emergency preparedness and response activities. (c) Reports.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit to the President and Congress a report on the results of the review and assessments conducted under this subsection (a), including the Secretary's finding under subsection (b), and the Secretary's recommendations for legislative and administrative actions. (2) Updates.--The Secretary shall update the report, including the Secretary's finding under subsection (b), annually for 2 years and transmit the updated reports to the President and Congress. SEC. 4. GRANTS FOR EMERGENCY PREPAREDNESS AND RESPONSE TRAINING OF FRONTLINE TRANSIT EMPLOYEES. (a) In General.--The Secretary may make grants to eligible transportation agencies for-- (1) the training of frontline transit employees in emergency preparedness and response activities; and (2) the acquisition of equipment and technologies, approved by the Secretary, to assist in carrying out such training and activities. (b) Training Activities.--Training activities under subsection (a)(1) may include the teaching of best practice methods, planning, testing, drills, and the development of agency and regional emergency preparedness and response programs. (c) Applications.--To be eligible for a grant under this section, an eligible transportation agency shall submit to the Secretary an application at the time and containing the information that the Secretary requires by regulation. (d) Terms and Conditions.--A grant to an eligible transportation agency in a fiscal year under this section shall be subject to the following terms and conditions: (1) Emergency management committee.--The agency shall certify that the agency will establish a committee on emergency preparedness and response training consisting of at least one frontline transit employee representative and at least one management employee representative. The committee shall be composed of an equal number of frontline transit employee representatives and management employee representatives. Committee positions shall not be vacant for any period in the fiscal year of more than 30 days. (2) Report.--The agency shall agree to submit to the Secretary before the last day of the fiscal year a report on the use of the grant, including a statement of the number of frontline transit employees receiving training under the grant. (e) Allocation of Grant Amounts.--The Secretary shall allocate amounts made available for grants under this section in a fiscal year among eligible transportation agencies based on the needs of the agencies for emergency preparedness and response training and equipment. Not less than 10 percent of such amounts shall be allocated to eligible transportation agencies in non-urban areas. (f) Federal Share.--The Federal share of the cost of activities funded using amounts from a grant under this section may not exceed 90 percent. (g) Regulations.--Not later than 6 months after the date of enactment of this Act, the Secretary shall issue final regulations to carry out this section. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $8,000,000 per fiscal year for each of fiscal years 2004, 2005, and 2006. Such amounts shall remain available until expended.

Public Transportation Systems Vulnerability Assessment and Reduction Act of 2003 - Directs the Secretary of Homeland Security (Secretary) to: (1) review all government assessments conducted after September 11, 2001, of terrorist-related threats to all forms of public transportation, including related public gathering areas; (2) conduct, as necessary, additional assessments of vulnerabilities associated with any public transportation system; and (3) determine the percentage of frontline transit employees who have received training in emergency preparedness and response activities.Authorizes the Secretary to make grants to eligible transportation agencies for the training of frontline transit employees in emergency preparedness and response activities and the acquisition of approved equipment and technologies to assist in carrying out such training and activities. Allocates grant amounts among eligible transportation agencies based on their needs for emergency preparedness and response training and equipment, requiring not less than ten percent of such amounts to eligible transportation agencies in non-urban areas.

To direct the Secretary of Homeland Security to carry out activities to assess and reduce the vulnerabilities of public transportation systems.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Missile Proliferation Sanctions Act of 1997''. SEC. 2. REPORTS ON MISSILE PROLIFERATION TO IRAN. (a) Reports.--Except as provided in subsection (c), at the times specified in subsection (b), the President shall submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report identifying every foreign person with respect to whom there is credible evidence indicating that that person, on or after August 8, 1995-- (1) transferred goods or technology, or provided technical assistance or facilities, that contributed to Iran's efforts to acquire, develop, or produce ballistic missiles; or (2) attempted to transfer goods or technology, or attempted to provide technical assistance or facilities, that would have contributed to Iran's efforts to acquire, develop, or produce ballistic missiles. (b) Timing of Reports.--The reports under subsection (a) shall be submitted not later than 30 days after the date of the enactment of this Act, not later than 180 days after such date of enactment, not later than 360 days after such date of enactment, and annually thereafter. (c) Exception for Persons Previously Identified or Sanctioned or Subject to Waiver.--Any person who-- (1) was identified in a previous report submitted pursuant to subsection (a); (2) has engaged in a transfer or transaction that was the basis for the imposition of sanctions with respect to that person pursuant to section 73 of the Arms Export Control Act or section 1604 of the Iran-Iraq Arms Non-Proliferation Act of 1992; or (3) may have engaged in a transfer or transaction, or made an attempt, that was the subject of a waiver pursuant to section 4, is not required to be identified on account of that same transfer, transaction, or attempt, in any report thereafter submitted pursuant to this section. SEC. 3. IMPOSITION OF SANCTIONS. (a) Requirement To Impose Sanctions.-- (1) Requirement to impose sanctions.--The sanctions described in subsection (b) shall be imposed on-- (A) any foreign person identified under subsection (a)(1) of section 2 in a report submitted pursuant to that section; and (B) any foreign person identified under subsection (a)(2) of section 2 in a report submitted pursuant to that section, if that person has been identified in that report or a previous report as having made at least 1 other attempt described in subsection (a)(2) of that section. (2) Effective date of sanctions.--The sanctions shall be effective-- (A) 30 days after the date on which the report triggering the sanction is submitted, if the report is submitted on or before the date required by section 2(b); (B) 30 days after the date required by section 2(b) for submitting the report, if the report triggering the sanction is submitted within 30 days after that date; and (C) immediately after the report triggering the sanction is submitted, if that report is submitted more than 30 days after the date required by section 2(b). (b) Description of Sanctions.--The sanctions referred to in subsection (a) that are to be imposed on a foreign person described in that subsection are the following: (1) Arms export sanction.--For a period of not less than 2 years, the United States Government shall not sell to that person any item on the United States Munitions List as of August 8, 1995, and shall terminate sales to that person of any defense articles, defense services, or design and construction services under the Arms Export Control Act. (2) Dual use sanction.--For a period of not less than 2 years, the authorities of section 6 of the Export Administration Act of 1979 shall be used to prohibit the export of any goods or technology on the control list established pursuant to section 5(c)(1) of that Act to that person. (3) United states assistance.--For a period of not less than 2 years, the United States Government shall not provide any assistance in the form of grants, loans, credits, guarantees, or otherwise, to that person. SEC. 4. WAIVER. The President may waive the imposition of any sanction that otherwise would be required to be imposed pursuant to section 3 on any foreign person 15 days after the President determines and reports to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that, on the basis of information provided by the person, or otherwise obtained by the President, the President is persuaded that the person did not, on or after August 8, 1995-- (1) transfer goods or technology, or provide technical assistance or facilities, that contributed to Iran's efforts to acquire, develop, or produce ballistic missiles; or (2) attempt on more than one occasion to transfer goods or technology, or to provide technical assistance or facilities, that would have contributed to Iran's efforts to acquire, develop, or produce ballistic missiles. SEC. 5. ADDITIONAL INFORMATION REGARDING ACTIONS BY GOVERNMENT OF PRIMARY JURISDICTION. As part of each report submitted pursuant to section 2, the President shall include the following information with respect to each person identified in that report: (1) A statement regarding whether the government of primary jurisdiction over that person was aware of the activities that were the basis for the identification of that individual in the report. (2) If the government of primary jurisdiction was not aware of the activities that were the basis for the identification of that individual in the report, an explanation of the reasons why the United States Government did not inform that government of those activities. (3) If the government of primary jurisdiction was aware of the activities that were the basis for the identification of that individual in the report, a description of the efforts, if any, undertaken by that government to prevent those activities, and an assessment of the effectiveness of those efforts, including an explanation of why those efforts failed. (4) If the government of primary jurisdiction was aware of the activities that were the basis for the identification of that individual in the report and failed to undertake effective efforts to prevent those activities, a description of any sanctions that have been imposed on that government by the United States Government because of such failure. SEC. 6. DEFINITIONS. In this Act: (1) Government of primary jurisdiction.--The term ``government of primary jurisdiction'' means the government under whose laws a foreign person is organized, or the government of the place where a foreign person is headquartered or habitually resides. (2) Foreign person.--The term ``foreign 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 operating as a business enterprise, and any successor or subsidiary of any such entity that is organized, headquartered, or habitually resides outside the United States.

Iran Missile Proliferation Sanctions Act of 1997 - Directs the President to report periodically to specified congressional committees on foreign persons (except those previously identified or sanctioned or subject to waiver) who, on or after August 8, 1995, have transferred, or attempted to transfer, controlled goods or technology, or provided, or attempted to provide, technical assistance or facilities that contributed, or would have contributed, to Iran's efforts to acquire, develop, or produce ballistic missiles. Requires imposition on such persons of minimum two-year sanctions prohibiting: (1) sales to such persons of items on the United States Munitions List (and terminating sales of any controlled U.S. arms); (2) the export to such persons of dual use goods and technology; and (3) the provision of U.S. financial assistance. Authorizes the President to waive such sanctions on the basis of additional information demonstrating that the sanctioned person did not commit the acts alleged.

Iran Missile Proliferation Sanctions Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Agency Customer Experience Act of 2018''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds that-- (1) the Federal Government serves the people of the United States and should seek to continually improve public services provided by the Federal Government based on customer feedback; (2) the people of the United States deserve a Federal Government that provides efficient, effective, and high-quality services across multiple channels; (3) many agencies, offices, programs, and Federal employees provide excellent service to individuals, however many parts of the Federal Government still fall short on delivering the customer service experience that individuals have come to expect from the private sector; (4) according to the 2016 American Customer Satisfaction Index, the Federal Government ranks among the bottom of all industries in the United States in customer satisfaction; (5) providing quality services to individuals improves the confidence of the people of the United States in their government and helps agencies achieve greater impact and fulfill their missions; and (6) improving service to individuals requires agencies to work across organizational boundaries, leverage technology, collect and share standardized data, and develop customer- centered mindsets and service strategies. (b) Sense of Congress.--It is the sense of Congress that all agencies should strive to provide high-quality, courteous, effective, and efficient services to the people of the United States and seek to measure, collect, report, and utilize metrics relating to the experience of individuals interacting with agencies to continually improve services to the people of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code. (3) Covered agency.--The term ``covered agency'' means an agency or component of an agency that is designated as a ``covered agency'' pursuant to section 5(a). (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (5) Voluntary customer service feedback.--The term ``voluntary customer service feedback'' means a response to a collection of information conducted by a covered agency in accordance with this Act. SEC. 4. APPLICATION OF CERTAIN PROVISIONS OF THE PAPERWORK REDUCTION ACT TO COLLECTION OF VOLUNTARY CUSTOMER SERVICE FEEDBACK. Sections 3506(c) and 3507 of title 44, United States Code (provisions of what is commonly known as the ``Paperwork Reduction Act'') shall not apply to a collection of voluntary customer service feedback. SEC. 5. GUIDELINES FOR VOLUNTARY CUSTOMER SERVICE FEEDBACK. (a) Evaluation and Designation.--The Director shall assess agencies, agency components, and agency programs to identify which have the highest impact on or number of interactions with individuals or entities. Based on the assessment, the Director shall designate agencies, agency components, or programs as covered agencies for purposes of this Act. (b) Guidance.--The Director shall issue guidance that requires each covered agency that solicits voluntary customer service feedback to ensure that-- (1) any response to the solicitation of voluntary customer service feedback remains anonymous, the collection method does not include a request for or opportunity for the respondent to provide information that could identify such respondent, and any response is not traced to a specific individual or entity; (2) any individual or entity who declines to participate in the solicitation of voluntary customer service feedback shall not be treated differently by the agency for purposes of providing services or information; (3) the solicitation does not include more than 10 questions; (4) the voluntary nature of the solicitation is clear; (5) the collection of voluntary customer service feedback is only used to improve customer service and will not be used for any other purpose; (6) any solicitation of voluntary customer service feedback is limited to 1 solicitation per interaction with an individual or entity; (7) to the extent practicable, the solicitation of voluntary customer service feedback is made at the point of service with an individual or entity; (8) any instrument for collecting voluntary customer service feedback is accessible to individuals with disabilities in accordance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and (9) internal agency data governance policies remain in effect with respect to the collection of voluntary customer service feedback from any individual or entity. SEC. 6. CUSTOMER EXPERIENCE DATA COLLECTION. (a) Collection of Responses.--The head of each covered agency (or a designee), assisted by and in consultation with the Performance Improvement Officer or other senior accountable official for customer service of the covered agency, shall collect voluntary customer service feedback with respect to any service of or transaction with the covered agency that has been identified by the Director, in consultation with the Administrator, in accordance with the guidance issued by the Director under section 5. (b) Content of Questions.-- (1) Standardized questions.--The Director, in consultation with the Administrator, shall develop a set of standardized questions for use by each covered agency in collecting voluntary customer service feedback under this section that address-- (A) overall satisfaction of individuals or entities with the specific interaction or service received; (B) the extent to which individuals or entities were able to accomplish their intended task or purpose; (C) whether the individual or entity was treated with respect and professionalism; (D) whether the individual or entity believes they were served in a timely manner; and (E) any additional metrics as determined by the Director, in consultation with the Administrator. (2) Additional questions.--In addition to the questions developed pursuant to paragraph (1), the Director shall consult with the Performance Improvement Council to develop additional questions relevant to the operations or programs of covered agencies. (c) Additional Requirements.--To the extent practicable-- (1) each covered agency shall collect voluntary customer service feedback across all platforms or channels through which the covered agency interacts with individuals or other entities to deliver information or services; and (2) voluntary customer service feedback collected under this section shall be tied to specific transactions or interactions with customers of the covered agency. (d) Reports.-- (1) Annual report to the director.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, and not less frequently than annually thereafter, each covered agency shall publish on the website of the covered agency and submit to the Director, in a manner determined by the Director-- (i) a report that includes-- (I) the voluntary customer service feedback for the previous year; and (II) descriptions of how the covered agency has used and plans to use such feedback; and (ii) a machine readable dataset that includes-- (I) the the standardized questions or additional questions described in subsection (b) and the response choices for such questions; and (II) the response rate for each collection of voluntary customer service feedback for the previous year. (B) Centralized website.--The Director shall-- (i) include and maintain on a publicly available website links to the information provided on the websites of covered agencies under subparagraph (A); and (ii) for purposes of clause (i), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. (2) Aggregated report.--Each covered agency shall publish in an electronic format and update on a regular basis an aggregated report on the solicitation and use of voluntary customer service feedback, which shall include-- (A) the intended purpose of each solicitation of voluntary customer service feedback conducted by the covered agency; (B) the appropriate point of contact within each covered agency for each solicitation of voluntary customer service feedback conducted; (C) the questions or survey instrument submitted to members of the public as part of the solicitation of voluntary customer service feedback; and (D) a description of how the covered agency uses the voluntary customer service feedback received by the covered agency to improve the customer service of the covered agency. SEC. 7. CUSTOMER EXPERIENCE SCORECARD REPORT. (a) In General.--Not later than 15 months after the date on which all covered agencies have submitted the first annual reports to the Director required under section 6(d)(1), and every 2 years thereafter until the date that is 10 years after such date, the Comptroller General of the United States shall make publicly available and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a scorecard report assessing the data collected and reported by the covered agencies and each instrument used to collect voluntary customer service feedback. (b) Contents.--The report required under subsection (a) shall include-- (1) a summary of the information required to be published by covered agencies under section 6(d); (2) a description of how each covered agency plans to use and has used the voluntary customer service feedback received by the covered agency; and (3) an evaluation of each covered agency's compliance with this Act. SEC. 8. SENSE OF CONGRESS. It is the sense of Congress that adequate Federal funding is needed to ensure agency staffing levels that can provide the public with appropriate customer service levels. Passed the House of Representatives November 29, 2018. Attest: KAREN L. HAAS, Clerk.

Federal Agency Customer Experience Act of 2017 This bill exempts an agency's authority to collect information that is voluntary feedback from the federal information resources management activities authority of the the Office of Management and Budget (OMB) under the Paperwork Reduction Act. "Voluntary feedback" is defined as any submission of information, opinion, or concern that is: (1) voluntarily made by a specific individual or entity relating to a particular service of or transaction with an agency, and (2) specifically solicited by that agency. Each agency that solicits voluntary feedback shall ensure that: responses to the solicitation remain anonymous, individuals who decline to participate shall not be treated differently by the agency for purposes of providing services or information, the voluntary nature of the solicitation is clear, and the proposed solicitation of voluntary feedback will contribute to improved customer service. Each agency shall: (1) collect voluntary feedback with respect to its services and transactions, (2) annually publish such feedback on its website and report on such feedback to OMB, and (3) publish aggregated reports on the solicitation of such feedback. OMB shall: (1) develop a set of standardized questions for use by agencies in collecting such feedback on service satisfaction, timeliness, and professionalism; and (2) include and maintain on a publicly available website links to the information provided on the agency websites. The Government Accountability Office shall make publicly available and submit to Congress a scorecard report assessing the quality of services provided to the public by each agency.

Federal Agency Customer Experience Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Legislature and Political Freedom Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) The proliferation of campaign finance laws (beginning with the Federal Election Campaign Act of 1971) and the proliferation of government regulations promulgated pursuant to such laws have placed strict limits on contributions by citizens to the candidates of their choice, limits which have served to severely hinder the ability of challengers to compete on equal terms with incumbent politicians. (2) The contribution limits imposed by the Federal Election Campaign Act of 1971 force candidates to raise funds in small amounts subject to fixed limitations, inevitably fostering a system under which wealthy candidates and long-term incumbent politicians hold an unfair financial advantage, which in turn serves to discourage potential candidates from seeking public office. (3) The current campaign finance laws have inhibited the full and fair discussion of public policy issues, as challengers who are not well known to the electorate are forced by government regulation to attempt to amass contributions from large numbers of donors at the outset of a campaign. As a result, challengers who lack the necessary resources to bring new issues into the public debate often are eliminated from political campaigns before their voices are even heard. (4) The regulation by government of political speech through the regulation of campaign contributions and expenditures is patently undemocratic because it favors institutionalized special interests over grassroots and citizen activity by imposing burdensome reporting and disclosure requirements and stringent spending limits on the political parties, thereby tilting the financial and tactical advantage in political campaigns to well-financed interest groups and wealthy individuals. (5) The effect of the unreasonably low contribution limits has been to force more contributors and political activists to operate outside the system, resulting in even less accountability and even greater encouragement of irresponsible behavior. (6) The only way to encourage the robust discourse of public issues and candidates, promote the free exchange of political speech and ideas, protect constitutional freedom, and foster a more informed electorate is to lift all current restrictions on political candidate and party contributions and expenditures and to provide full, instantaneous disclosure of all contributions and expenditures in elections for Federal office. SEC. 3. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN CONTRIBUTIONS. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by adding at the end the following new paragraph: ``(9) The limitations established under this subsection shall not apply to contributions made during calendar years beginning after 2004.''. SEC. 4. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS. (a) Termination of Designation of Income Tax Payments.--Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Termination.--This section shall not apply to taxable years beginning after December 31, 2003.'' (b) Termination of Fund and Account.-- (1) Termination of presidential election campaign fund.-- (A) In general.--Chapter 95 of subtitle H of such Code is amended by adding at the end the following new section: ``SEC. 9014. TERMINATION. The provisions of this chapter shall not apply with respect to any presidential election (or any presidential nominating convention) after December 31, 2004, or to any candidate in such an election.'' (B) Transfer of excess funds to general fund.-- Section 9006 of such Code is amended by adding at the end the following new subsection: ``(d) Transfer of Funds Remaining After 2004.--The Secretary shall transfer all amounts in the fund after December 31, 2004, to the general fund of the Treasury.'' (2) Termination of account.--Chapter 96 of subtitle H of such Code is amended by adding at the end the following new section: ``SEC. 9043. TERMINATION. The provisions of this chapter shall not apply to any candidate with respect to any presidential election after December 31, 2004.'' (c) Clerical Amendments.-- (1) The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9014. Termination.'' (2) The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9043. Termination.'' SEC. 5. DISCLOSURE BY STATE AND LOCAL POLITICAL PARTIES OF INFORMATION REPORTED UNDER STATE LAW. (a) In General.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 308(b) of the Bipartisan Campaign Reform Act of 2002, is amended by adding at the end the following new subsection: ``(i) If a political committee of a State or local political party is required under a State or local law, rule, or regulation to submit a report on its disbursements to an entity of the State or local government, the committee shall file a copy of the report with the Commission at the time it submits the report to such an entity.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring after January 2005. SEC. 6. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS. (a) Mandatory Electronic Filing for All Reports.-- (1) In general.--Section 304(a)(11) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is amended-- (A) in subparagraph (A), by striking ``a person required to file--'' and all that follows and inserting the following: ``each person required to file a report under this Act shall be required to maintain and file such report in electronic form accessible by computers.''; (B) in subparagraph (C), by striking ``designations, statements, and reports'' and inserting ``documents''; and (C) in subparagraph (D), by striking ``means, with respect to'' and all that follows and inserting the following: ``means any report, designation, statement, or notification required by this Act to be filed with the Commission or the Secretary of the Senate.''. (2) Placement of all reports on internet.--Section 304(a)(11)(B) of such Act (2 U.S.C. 434(a)(11)(B)) is amended-- (A) by striking ``a designation, statement, report, or notification'' and inserting ``each report''; and (B) by striking ``the designation, statement, report, or notification'' and inserting ``the report''. (3) Software for filing of all reports.--Section 304(a)(12) of such Act (2 U.S.C 434a(a)(12)), as added by section 306 of the Bipartisan Campaign Reform Act of 2002, is amended-- (A) in subparagraph (A)(ii), by striking ``each person required to file a designation, statement, or report in electronic form'' and inserting ``each person required to file a report (as defined in paragraph (11)(D))''; and (B) in subparagraph (B), by striking ``any designation, statement, or report'' and inserting ``any report (as defined in paragraph (11)(D))''. (b) Requiring Reports for All Contributions Made to Any Political Committee Within 90 Days of Election; Requiring Reports To Be Made Within 24 Hours.--Section 304(a)(6)(A) of such Act (2 U.S.C. 434(a)(6)(A)) is amended to read as follows: ``(A) Each political committee shall notify the Secretary or the Commission, and the Secretary of State, as appropriate, in writing, of any contribution received by the committee during the period which begins on the 90th day before an election and ends at the time the polls close for such election. This notification shall be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) after the receipt of such contribution and shall include the name of the candidate involved (as appropriate) and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution.''. (c) Effective Date.--The amendment made by this section shall apply with respect to reports for periods beginning on or after January 1, 2005. SEC. 7. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON IDENTIFICATION OF CONTRIBUTORS. (a) In General.--Section 302(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(i)) is amended-- (1) by striking ``(i) When the treasurer'' and inserting ``(i)(1) Except as provided in paragraph (2), when the treasurer''; and (2) by adding at the end the following new paragraph: ``(2) Paragraph (1) shall not apply with respect to information regarding the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year (as required to be provided under subsection (c)(3)).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to persons making contributions for elections occurring after January 2005.

Citizen Legislature and Political Freedom Act - Amends the Federal Election Campaign Act of 1971 (FECA) to terminate limitations on Federal election campaign contributions after 2004. Amends the Internal Revenue Code to terminate after December 31, 2003, the designation of income tax payments to the Presidential Election Campaign Fund. Terminates the Fund itself and the Presidential Primary Matching Payment Account after December 31, 2004, and transfers any amounts remaining in the Fund to the general fund of the Treasury. Amends FECA, as amended by the Bipartisan Campaign Reform Act of 2002, to require any political committee of a State or local political party to file with the Federal Election Commission a copy of any report on disbursements it is required under a State or local law, rule, or regulation to submit to the State or local government. Revises current deadlines for notification of contributions by a campaign committee. Requires a campaign committee to report within 24 hours all contributions, regardless of amount, made to any political committee within 90 days before an election. Declares that the "best efforts" exception to noncompliance with FECA shall not apply with respect to information regarding the identification of any contributor of more than $200 in the aggregate during a calendar year (thus requiring strict observance of reporting deadlines for all such contributions).

To amend the Federal Election Campaign Act of 1971 to reform the financing of campaigns for election for Federal office.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community-Based Health Care Retraining Act''. SEC. 2. HEALTH PROFESSIONS TRAINING DEMONSTRATION PROJECT. Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 2916) is amended by adding at the end the following: ``(e) Health Professions Training Demonstration Project.-- ``(1) Definitions.--In this subsection: ``(A) Covered community.--The term `covered community' means a community or region that-- ``(i) has experienced a significant percentage decline in positions in the manufacturing or service sectors; and ``(ii) is determined by the Secretary of Health and Human Services (in consultation with the medical community) to be an area with a shortage of health care professionals described in clause (i) or (ii) of subparagraph (C). ``(B) Covered worker.--The term `covered worker' means an individual who-- ``(i)(I) has been terminated or laid off, or who has received a notice of termination or layoff, from employment in a manufacturing or service sector; ``(II)(aa) is eligible for or has exhausted entitlement to unemployment compensation; or ``(bb) has been employed for a duration sufficient to demonstrate, to the appropriate entity at a one-stop center referred to in section 134(c), attachment to the workforce, but is not eligible for unemployment compensation due to insufficient earnings or having performed services for an employer that were not covered under a State unemployment compensation law; and ``(III) is unlikely to return to a previous industry or occupation; or ``(ii)(I) has been terminated or laid off, or has received a notice of termination or layoff, from employment in a manufacturing or service sector as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise; or ``(II) is employed in a manufacturing or service sector at a facility at which the employer has made a general announcement that such facility will close within 180 days. ``(C) Health care professional.--The term `health care professional'-- ``(i) means an individual who is involved with-- ``(I) the delivery of health care services, or related services, pertaining to-- ``(aa) the identification, evaluation, and prevention of diseases, disorders, or injuries; or ``(bb) home-based or community-based long-term care; ``(II) the delivery of dietary and nutrition services; or ``(III) rehabilitation and health systems management; and ``(ii) with respect to a covered community to be served through a grant made under paragraph (3), includes individuals in health care professions and jobs for which there is a shortage in the community, as determined by the Secretary of Health and Human Services (in consultation with the medical community), giving consideration to the amount of training time required to retrain the covered workers for the health care professions and jobs. ``(D) Tribal college or university.--The term `tribal college or university' means-- ``(i) a tribally controlled college or university, as defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801); ``(ii) Dine College, authorized in the Navajo Community College Act (25 U.S.C. 640a et seq.); and ``(iii) any of the 1994 Institutions, as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note). ``(2) Establishment of project.--In accordance with subsection (b), the Secretary shall establish and carry out a health professions training demonstration project. ``(3) Grants.--In carrying out the project, the Secretary, after consultation with the Secretary of Health and Human Services, shall make grants to eligible entities to enable the entities to carry out programs in covered communities to train covered workers for employment as health care professionals. The Secretary shall make each grant in an amount of not less than $100,000 and not more than $500,000. ``(4) Eligible entities.--Notwithstanding subsection (b)(2)(B), to be eligible to receive a grant under this subsection to carry out a program in a covered community, an entity shall be a partnership that is-- ``(A) under the direction of a local workforce investment board established under section 117 that is serving the covered community; and ``(B) composed of members serving the covered community, such as-- ``(i) an institution of higher education that provides a 4-year program of instruction; ``(ii) an accredited community college; ``(iii) an accredited vocational or technical school; ``(iv) a tribal college or university; ``(v) a health clinic or hospital; ``(vi) a home-based or community-based long-term care facility or program; or ``(vii) a health care facility administered by the Secretary of Veterans Affairs. ``(5) Applications.--To be eligible to receive a grant under this subsection, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum-- ``(A) a proposal to use the grant funds to establish or expand a training program in order to train covered workers for employment as health care professionals (including paraprofessionals); ``(B) information demonstrating the need for the training and support services to be provided through the program; ``(C) information describing the manner in which the entity will expend the grant funds, and the activities to be carried out with the funds; ``(D) information demonstrating that the entity meets the requirements of paragraph (4); and ``(E) with respect to training programs carried out by the applicant, information-- ``(i) on the graduation rates of the programs involved; ``(ii) on the retention measures carried out by the applicant; ``(iii) on the length of time necessary to complete the training programs of the applicant; and ``(iv) on the number of qualified covered workers that are refused admittance into the training programs because of lack of capacity. ``(6) Selection.--In making grants under paragraph (3), the Secretary, after consultation with the Secretary of Health and Human Services, shall-- ``(A) consider the information submitted by the eligible entities under paragraph (5)(E); and ``(B) select-- ``(i) eligible entities submitting applications that meet such criteria as the Secretary of Labor determines to be appropriate; and ``(ii) among such entities, the eligible entities serving the covered communities with the greatest need for the grants and the greatest potential to benefit from the grants. ``(7) Use of funds.-- ``(A) In general.--An entity that receives a grant under this subsection shall use the funds made available through the grant for training and support services that meet the needs described in the application submitted under paragraph (5), which may include-- ``(i) increasing capacity, subject to subparagraph (B), at an educational institution or training center to train individuals for employment as health professionals, such as by-- ``(I) expanding a facility, subject to subparagraph (B); ``(II) expanding course offerings; ``(III) hiring faculty; ``(IV) providing a student loan repayment program for the faculty; ``(V) establishing or expanding clinical education opportunities; ``(VI) purchasing equipment, such as computers, books, clinical supplies, or a patient simulator; or ``(VII) conducting recruitment; or ``(ii) providing support services for covered workers participating in the training, such as-- ``(I) providing tuition assistance; ``(II) establishing or expanding distance education programs; ``(III) providing transportation assistance; or ``(IV) providing child care. ``(B) Limitation.--To be eligible to use the funds to expand a facility, the eligible entity shall demonstrate to the Secretary in an application submitted under paragraph (5) that the entity can increase the capacity described in subparagraph (A)(i) of such facility only by expanding the facility. ``(8) Funding.--Of the amounts appropriated to, and available at the discretion of, the Secretary or the Secretary of Health and Human Services for programmatic and administrative expenditures, a total of $25,000,000 shall be used to establish and carry out the demonstration project described in paragraph (2) in accordance with this subsection.''.

Community-Based Health Care Retraining Act - Amends the Workforce Investment Act of 1998 to require the Secretary of Labor to establish and carry out a health professions training demonstration project that awards grants to eligible entities to train certain unemployed workers from the manufacturing or service sector for employment as health care professionals in communities with manufacturing and service sector job loss and health care professional shortages.

A bill to establish a demonstration project to train unemployed workers for employment as health care professionals, and for other purposes.

SECTION 1. FINDINGS. The Congress makes the following findings: (1) Ensuring secure access to energy is in the highest national security interests of the United States. (2) Without secure access to oil supplies, the United States economy, which depends heavily on oil for transportation, could be severely affected. Two-thirds of the oil used in the United States is consumed by the transportation sector. Passenger vehicles alone account for 40 percent of United States oil use. (3) In the year 2000, the United States imported 58 percent of its oil needs, 45 percent of which came from Organization of Petroleum Exporting Countries (OPEC) nations. (4) Over the next 20 years, according to the Energy Information Administration, the United States's demand for oil is projected to increase by 33 percent. (5) In 1973 OPEC placed an embargo on sales of oil to the United States, creating severe oil shortages and driving up oil prices in the United States. OPEC's action was a major factor in the recession which followed shortly thereafter. (6) Under the ``Carter Doctrine'', announced by President Carter in 1980, ``An attempt by any outside forces to gain control of the Persian Gulf region will be regarded as an assault on the vital interests of the United States of America, and such an assault will be repelled by any means necessary, including military force.''. (7) Following the Iraqi invasion of Kuwait in 1990, the United States sent more than 500,000 troops to the Persian Gulf to expel the Iraqi troops, liberate Kuwait, protect Saudi Arabia, and ensure access to Persian Gulf oil. (8) As of March 19, 2003, the United States is on the verge of fighting yet another war against Iraq to further ensure access to vital oil supplies. (9) Many major oil producing nations do not share United States values of democracy, freedom of expression, thought, and religion, and equality for women. (10) During the Afghanistan conflict and the war on terrorism, many oil producing nations did not openly support the United States campaign to end the terror, and many of the terrorists of September 11 came from major OPEC nations. (11) It is in the highest national security interests of the United States to substantially reduce our dependence on oil as soon as possible, to secure our access to oil supplies, and to reduce our dependence on nations which do not share our interests and values. (12) Because most oil is consumed by the transportation sector, reduction of our dependence on oil can only come from major increases in fuel efficiency in cars, sport utility vehicles, light trucks, and other vehicles. (13) To protect United States national security interests after September 11, the United States Government has invested heavily in securing many industrial sectors, including airlines and the national health system. SEC. 2. FUEL EFFICIENCY VEHICLE CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following: ``SEC. 30B. FUEL EFFICIENCY VEHICLE CREDIT. ``(a) Allowance of Credit.-- ``(1) Fuel economy not less than 40 miles per gallon.--At the election of the taxpayer, 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 cost of any qualified fuel-effi cient vehicle placed in service by the taxpayer during the taxable year. ``(2) Fuel economy not less than 50 miles per gallon.--In the case of a qualified fuel-efficient vehicle in which the fuel economy (within the meaning of subsection (c)(1)) is not less than 50 miles per gallon-- ``(A) paragraph (1) shall be applied by substituting `35 percent' for `25 percent', and ``(B) subsection (b) shall be applied by substituting `$6,000' for $5,000'. ``(b) Limitation.--The amount of the credit allowed by subsection (a) shall not exceed $5,000. ``(c) Qualified Fuel-Efficient Vehicle.--For purposes of this section, the term `qualified fuel-efficient vehicle' means a motor vehicle (as defined in section 30(c)(2))-- ``(1) in which the fuel economy (determined in accordance with section 4064) of such vehicle is rated at not less than 40 miles per gallon, ``(2) which is-- ``(A) an automobile (as defined in section 4064(b)), or ``(B) a truck or van with an unloaded gross vehicle weight rating not greater than 7,500 pounds, and ``(3) which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle. ``(d) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit. ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states, etc. not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 30, 179, or 179A. ``(e) Carryforward of Unused Credits.--If the credit allowable under subsection (a) for any taxable year exceeds-- ``(1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and this part (other than this section), over ``(2) the tentative minimum tax for the 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.''. (b) 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. Fuel-efficiency vehicle credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. FUEL EFFICIENT VEHICLE ASSEMBLY CREDIT. (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. 45G. FUEL-EFFICIENT VEHICLE ASSEMBLY CREDIT. ``(a) General Rule.--For purposes of section 38, the fuel-efficient vehicle assembly credit determined under this section for the taxable year is an amount equal to the product of $2,000 and the number of qualified fuel-efficient vehicles manufactured or produced in the United States by the taxpayer during the taxable year for their 1st retail sale. ``(b) Qualified Fuel-Efficient Vehicle.--For purposes of subsection (a), the term `qualified fuel-efficient vehicle' has the meaning given to such term by section 30B(c). ``(c) 1st Retail Sale.--For purposes of subsection (a), the term `1st retail sale' has the meaning given to such term by section 4002.''. (b) 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 (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the fuel-efficient vehicle assembly credit determined under section 45G(a).''. (c) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45F the following new item: ``Sec. 45G. Fuel-efficient vehicle assembly credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. LOAN GUARANTEES. (a) General Authority.--The Secretary of Energy may provide loan guarantees to manufacturers of motor vehicles or of motor vehicle engines for the purposes described in subsection (b). (b) Eligible Purposes.--Loans guaranteed under this section shall be used for the costs of conversion from the manufacture of motor vehicles or engines achieving less than 40 miles per gallon of gasoline to the manufacture of motor vehicles or engines achieving more than 40 miles per gallon of gasoline. Such loans may not be used for advertising or promotional costs. (c) Aggregate Amount of Loan Guarantees.--The aggregate amount of loans that may be guaranteed under this section at any one time shall not exceed $1,000,000,000. (d) Limitation on Loan Guarantee Size.--The Secretary shall not guarantee a loan under this section for an amount greater than $100,000,000. (e) Rates of Interest.--The Secretary shall not make a loan guarantee under this section if the interest rate for the loan exceeds that which the Secretary determines to be reasonable, taking into consideration the prevailing interest rates and customary fees incurred under similar obligations in the private capital market. (f) Ability To Repay.--The Secretary shall not make a loan guarantee under this section unless the Secretary has made a finding in writing that the recipient of the loan is likely to be able to repay the loan according to its terms. (g) Applications.--The Secretary shall prescribe the form and contents required of applications for assistance under this section, to enable the Secretary to determine the eligibility of the applicant's proposal, and shall establish terms and conditions for loan guarantees made under this section. (h) Full Faith and Credit.--All guarantees entered into by the Secretary under this section shall constitute general obligations of the United States backed by the full faith and credit of the United States. (i) Modifications.--The Secretary may approve the modification of any term or condition of a loan guarantee or loan guarantee commitment, including the rate of interest, time of payment of interest or principal, or security requirements, if the Secretary finds in writing that-- (1) the modification is equitable and is in the overall best interests of the United States; and (2) consent has been obtained from the applicant and the holder of the obligation. (j) Default.--The Secretary shall prescribe regulations setting forth procedures in the event of default on a loan guaranteed under this section. The Secretary shall ensure that each loan guarantee made under this section contains terms and conditions that provide that-- (1) if a payment of principal or interest under the loan is in default for more than 30 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, the amount of unpaid guaranteed interest; (2) if the default has continued for more than 90 days, the Secretary shall pay to the holder of the obligation, or the holder's agent, 90 percent of the unpaid guaranteed principal; (3) after final resolution of the default, through liquidation or otherwise, the Secretary shall pay to the holder of the obligation, or the holder's agent, any remaining amounts guaranteed but which were not recovered through the default's resolution; (4) the Secretary shall not be required to make any payment under paragraphs (1) through (3) if the Secretary finds, before the expiration of the periods described in such paragraphs, that the default has been remedied; and (5) the holder of the obligation shall not receive payment or be entitled to retain payment in a total amount which, together with all other recoveries (including any recovery based upon a security interest in equipment or facilities) exceeds the actual loss of such holder. (k) Rights of the Secretary.-- (1) Subrogation.--If the Secretary makes payment to a holder, or a holder's agent, under subsection (j) in connection with a loan guarantee made under this section, the Secretary shall be subrogated to all of the rights of the holder with respect to the obligor under the loan. (2) Disposition of property.--The Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, rent, sell, or otherwise dispose of any property or other interests obtained pursuant to this section. The Secretary shall not be subject to any Federal or State regulatory requirements when carrying out this paragraph. (l) Action Against Obligor.--The Secretary may bring a civil action in an appropriate Federal court in the name of the holder of the obligation in the event of a default on a loan guaranteed under this section. The holder of a guarantee shall make available to the Secretary all records and evidence necessary to prosecute the civil action. The Secretary may accept property in full or partial satisfaction of any sums owed as a result of a default. If the Secretary receives, through the sale or other disposition of such property, an amount greater than the aggregate of-- (1) the amount paid to the holder of a guarantee under subsection (j); and (2) any other cost to the United States of remedying the default, the Secretary shall pay such excess to the obligor. (m) Breach of Conditions.--The Attorney General shall commence a civil action in an appropriate Federal court to enjoin any activity which the Secretary finds is in violation of this section, regulations issued hereunder, or any conditions which were duly agreed to, and to secure any other appropriate relief. (n) Attachment.--No attachment or execution may be issued against the Secretary, or any property in the control of the Secretary, prior to the entry of final judgment to such effect in any State, Federal, or other court. (o) Investigation Charge.--The Secretary may charge and collect from each applicant a reasonable charge for appraisal of the value of the equipment or facilities for which the loan guarantee is sought, and for making necessary determinations and findings. Such charge shall not aggregate more than one-half of 1 percent of the principal amount of the obligation. (p) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Energy for carrying out this section such sums as may be necessary for fiscal years 2003 through 2007. (q) Definitions.--For purposes of this section: (1) The term ``loan guarantee'' means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. (2) The term ``loan guarantee commitment'' means a binding agreement by the Secretary of Energy to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement. (3) The term ``modification'' means any Government action that alters the estimated cost of an outstanding loan guarantee (or loan guarantee commitment) from the current estimate of cash flows. This includes the sale of loan assets, with or without recourse, and the purchase of guaranteed loans. This also includes any action resulting from new legislation, or from the exercise of administrative discretion under existing law, that directly or indirectly alters the estimated cost of outstanding loan guarantees (or loan guarantee commitments) such as a change in collection procedures. SEC. 5. PERMANENT EXTENSION OF RESEARCH CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 6. INCREASE IN RATES OF ALTERNATIVE INCREMENTAL CREDIT. (a) In General.--Subparagraph (A) of section 41(c)(4) of the Internal Revenue Code of 1986 (relating to election of alternative incremental credit) is amended-- (1) by striking ``2.65 percent'' and inserting ``3 percent'', (2) by striking ``3.2 percent'' and inserting ``4 percent'', and (3) by striking ``3.75 percent'' and inserting ``5 percent''. (b) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 7. EXCLUSION OF QUALIFIED FUEL-EFFICIENT VEHICLES FROM CALCULATION OF AVERAGE FUEL ECONOMY OF A MANUFACTURER. Section 32904(a) of title 49, United States Code, is amended by adding at the end the following: ``(3) In calculating the average fuel economy of a manufacturer under paragraph (1), the Administrator shall not consider any automobile manufactured by the manufacturer for which a credit is allowed under section 38(a)(16) of the Internal Revenue Code of 1986.''.

Amends the Internal Revenue Code to allow a taxpayer as credits against income tax: (1) a fuel efficiency vehicle credit equal to 25 percent of the cost of any qualified fuel-efficient vehicle placed in service during the taxable year; and (2) a fuel-efficient vehicle assembly credit equal to $2,000 for every qualified fuel-efficient vehicle manufactured or produced in the United States during such year for first retail sale. Authorizes the Secretary of Energy to provide loan guarantees of up to $100 million per loan (and up to $1 billion over all) to manufacturers of motor vehicles or of motor vehicle engines for the costs of conversion from the manufacture of motor vehicles or engines achieving less than 40 miles per gallon of gasoline to the manufacture of such products achieving more than 40 miles per gallon Amends the Internal Revenue Code to: (1) extend permanently the credit for increasing research activities; and (2) increase the alternative incremental credit rates.

To encourage the availability and use of motor vehicles that have improved fuel efficiency, in order to reduce the need to import oil into the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NSA Oversight Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On September 11, 2001, acts of treacherous violence were committed against the United States and its citizens. (2) Such acts render it both necessary and appropriate that the United States exercise its right to self-defense by protecting United States citizens both at home and abroad. (3) The Federal Government has a duty to pursue al Qaeda and other enemies of the United States with all available tools, including the use of electronic surveillance, to thwart future attacks on the United States and to destroy the enemy. (4) The President of the United States possesses the inherent authority to engage in electronic surveillance of the enemy outside of the United States consistent with his authority as Commander-in-Chief under Article II of the Constitution. (5) Congress possesses the authority to regulate electronic surveillance within the United States. (6) The Fourth Amendment to the Constitution guarantees to the American people the right ``to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures'' and provides that courts shall issue ``warrants'' to authorize searches and seizures, based upon probable cause. (7) The Supreme Court has consistently held for nearly 40 years that the monitoring and recording of private conversations constitutes a ``search and seizure'' within the meaning of the Fourth Amendment. (8) The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) and chapters 119 and 121 of title 18, United States Code, were enacted to provide the legal authority for the Federal Government to engage in searches of Americans in connection with criminal investigations, intelligence gathering, and counterintelligence. (9) The Foreign Intelligence Surveillance Act of 1978 and specified provisions of the Federal criminal code, were expressly enacted as the ``exclusive means by which electronic surveillance ... may be conducted'' domestically pursuant to law (18 U.S.C. 2511(2)(f)). (10) Warrantless electronic surveillance of Americans inside the United States conducted without congressional authorization may have a serious impact on the civil liberties of citizens of the United States. (11) United States citizens, such as journalists, academics, and researchers studying global terrorism, who have made international phone calls subsequent to the terrorist attacks of September 11, 2001, and are law-abiding citizens, may have the reasonable fear of being the subject of such surveillance. (12) Since the nature and criteria of the National Security Agency (NSA) program is highly classified and unknown to the public, many other Americans who make frequent international calls, such as Americans engaged in international business, Americans with family overseas, and others, have a legitimate concern they may be the inadvertent targets of eavesdropping. (13) The President has sought and signed legislation including the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56), and the Intelligence Reform and Terrorism Protection Act of 2004 (Public Law 108-458), that have expanded authorities under the Foreign Intelligence Surveillance Act of 1978. (14) It may be necessary and desirable to amend the Foreign Intelligence Surveillance Act of 1978 to address new challenges in the Global War on Terrorism. The President should submit a request for legislation to Congress to amend the Foreign Intelligence Surveillance Act of 1978 if the President desires that the electronic surveillance authority provided by such Act be further modified. (15) The Authorization for Use of Military Force (Public Law 107-40), passed by Congress on September 14, 2001, authorized military action against those responsible for the attacks on September 11, 2001, but did not contain legal authorization nor approve of domestic electronic surveillance not authorized by chapters 119 or 121 of title 18, United States Code, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). SEC. 3. REITERATION OF CHAPTERS 119 AND 121 OF TITLE 18, UNITED STATES CODE, AND THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 AS THE EXCLUSIVE MEANS BY WHICH DOMESTIC ELECTRONIC SURVEILLANCE MAY BE CONDUCTED. (a) Exclusive Means.--Notwithstanding any other provision of law, chapters 119 and 121 of title 18, United States Code, and the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by which electronic surveillance may be conducted. (b) Future Congressional Action.--Subsection (a) shall apply until specific statutory authorization for electronic surveillance, other than as an amendment to chapters 119 or 121 of title 18, United States Code, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), is enacted. Such specific statutory authorization shall be the only exception to subsection (a). SEC. 4. DISCLOSURE REQUIREMENTS. (a) Report.--As soon as practicable after the date of the enactment of this Act, but not later than 14 days after such date, the President shall submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report-- (1) on the Terrorist Surveillance Program of the National Security Agency; (2) on any program which involves the electronic surveillance of United States persons in the United States, and which is conducted by any department, agency, or other element of the Federal Government, or by any entity at the direction of a department, agency, or other element of the Federal Government, without fully complying with the procedures set forth in the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) or chapters 119 or 121 of title 18, United States Code; and (3) including a general description of each United States person who has been the subject of such electronic surveillance not authorized to be conducted under the Foreign Intelligence Surveillance Act of 1978 or chapters 119 or 121 of title 18, United States Code, and the basis for the selection of each person for such electronic surveillance. (b) Form.--The report submitted under subsection (a) may be submitted in classified form. (c) Access.--The Chair of the Permanent Select Committee on Intelligence of the House of Representatives and the Chair of the Select Committee on Intelligence of the Senate shall provide each member of the Committees on the Judiciary of the House of Representatives and the Senate, respectively, access to the report submitted under subsection (a). Such access shall be provided in accordance with security procedures required for the review of classified information. SEC. 5. FOREIGN INTELLIGENCE SURVEILLANCE COURT MATTERS. (a) Authority for Additional Judges.--The first sentence of section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)) is amended by striking ``judicial circuits'' and inserting ``judicial circuits, and any additional district court judges that the Chief Justice considers necessary for the prompt and timely consideration of applications under section 104,''. (b) Consideration of Emergency Applications.--Section 105(f) of such Act (50 U.S.C. 1805(f)) is amended by adding at the end the following new sentence: ``The judge receiving an application under this subsection shall review such application within 24 hours of the application being submitted.'' SEC. 6. STREAMLINING FISA APPLICATION PROCESS. (a) In General.--Section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is amended-- (1) in subsection (a)-- (A) in paragraph (6), by striking ``detailed description'' and inserting ``summary description''; (B) in paragraph (7)-- (i) in subparagraph (C), by striking ``techniques;'' and inserting ``techniques; and''; (ii) by striking subparagraph (D); and (iii) by redesignating subparagraph (E) as subparagraph (D); and (C) in paragraph (8), by striking ``a statement of the means'' and inserting ``a summary statement of the means''; and (2) in subsection (e)(1)(A), by striking ``or the Director of National Intelligence'' and inserting ``the Director of National Intelligence, or the Director of the Central Intelligence Agency''. (b) Conforming Amendment.--Section 105(a)(5) of such Act (50 U.S.C. 1805(a)(5)) is amended by striking ``104(a)(7)(E)'' and inserting ``104(a)(7)(D)''. SEC. 7. INTERNATIONAL MOVEMENT OF TARGETS. Section 105(d) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(d)), as redesignated by section 7(4), is amended by adding at the end the following new paragraph: ``(4) An order issued under this section shall remain in force during the authorized period of surveillance notwithstanding the absence of the target from the United States, unless the Government files a motion to extinguish the order and the court grants the motion.''. SEC. 8. EXTENSION OF PERIOD FOR APPLICATIONS FOR ORDERS FOR EMERGENCY ELECTRONIC SURVEILLANCE. Section 105(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(f)) is further amended by striking ``72 hours'' each place it appears and inserting ``168 hours''. SEC. 9. ENHANCEMENT OF ELECTRONIC SURVEILLANCE AUTHORITY IN WARTIME. Section 111 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1811) is amended by striking ``the Congress'' and inserting ``the Congress or an authorization for the use of military force described in section 2(c)(2) of the War Powers Resolution (50 U.S.C. 1541(c)(2)) if such authorization contains a specific authorization for electronic surveillance under this section.''. SEC. 10. ACQUISITION OF COMMUNICATIONS BETWEEN PARTIES NOT IN THE UNITED STATES. The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is further amended-- (1) by adding at the end of title I the following new section: ``acquisition of communications between parties not in the united states ``Sec. 112. (a) In General.--Notwithstanding any other provision of this Act, a court order is not required for the acquisition of the contents of any communication between persons that are not located within the United States for the purpose of collecting foreign intelligence information, without respect to whether the communication passes through the United States or the surveillance device is located within the United States. ``(b) Treatment of Intercepted Communications Involving a Domestic Party.--If an acquisition described in subsection (a) inadvertently collects a communication in which at least one party to the communication is within the United States-- ``(1) in the case of a communication acquired inside the United States, the contents of such communication shall be handled in accordance with minimization procedures adopted by the Attorney General that require that no contents of any communication to which a United States person is a party shall be disclosed, disseminated, or used for any purpose or retained for longer than 168 hours unless a court order under section 105 is obtained or unless the Attorney General determines that the information indicates a threat of death or serious bodily harm to any person; and ``(2) in the case of a communication acquired outside the United States, the contents of such communication shall be handled in accordance with minimization procedures adopted by the Attorney General.''; and (2) in the table of contents in the first section, by inserting after the item relating to section 111 the following: ``112. Acquisition of communications between parties not in the United States.''. SEC. 11. ADDITIONAL PERSONNEL FOR PREPARATION AND CONSIDERATION OF APPLICATIONS FOR ORDERS APPROVING ELECTRONIC SURVEILLANCE. (a) Office of Intelligence Policy and Review.-- (1) In general.--The Attorney General may hire and assign personnel to the Office of Intelligence Policy and Review as may be necessary to carry out the prompt and timely preparation, modification, and review of applications under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) for orders approving electronic surveillance for foreign intelligence purposes under section 105 of such Act (50 U.S.C. 1805). (2) Assignment.--The Attorney General shall assign personnel hired and assigned pursuant to paragraph (1) to and among appropriate offices of the National Security Agency in order that such personnel may directly assist personnel of the National Security Agency in preparing applications under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804). (b) National Security Branch of the FBI.-- (1) In general.--The Director of the Federal Bureau of Investigation may hire and assign personnel to the National Security Branch as may be necessary to carry out the prompt and timely preparation of applications under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) for orders approving electronic surveillance for foreign intelligence purposes under section 105 of such Act (50 U.S.C. 1805). (2) Assignment.--The Director of the Federal Bureau of Investigation shall assign personnel hired and assigned pursuant to paragraph (1) to and among the field offices of the Federal Bureau of Investigation in order that such personnel may directly assist personnel of the Federal Bureau of Investigation in such field offices in preparing applications under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804). (c) National Security Agency.--The Director of the National Security Agency may hire and assign personnel as may be necessary to carry out the prompt and timely preparation of applications under section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) for orders approving electronic surveillance for foreign intelligence purposes under section 105 of such Act (50 U.S.C. 1805). (d) Foreign Intelligence Surveillance Court.--The presiding judge designated under section 103(b) of such Act may hire and assign personnel as may be necessary to carry out the prompt and timely consideration of applications under section 104 of such Act (50 U.S.C. 1804) for orders approving electronic surveillance for foreign intelligence purposes under section 105 of that Act (50 U.S.C. 1805). SEC. 12. DEFINITIONS. In this Act: (1) The term ``electronic surveillance'' has the meaning given the term in section 101(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(f)). (2) The term ``foreign intelligence information'' has the meaning given the term in section 101(e) of such Act (50 U.S.C. 1801(e)).

NSA Oversight Act - States that provisions of the federal criminal code concerning wire and electronic communications and their interception and the Foreign Intelligence Surveillance Act of 1978 (FISA) are the exclusive means by which domestic electronic surveillance may be conducted until specific statutory authorization for any other such surveillance is enacted. Requires the President to report to the congressional intelligence committees on the Terrorist Surveillance Program of the National Security Agency (NSA) as well as any other program which involves electronic surveillance of U.S. persons in the United States conducted by a federal department or agency without fully complying with FISA procedures. Authorizes additional judges for the Foreign Intelligence Surveillance Court (Court). Extends from 72 to 168 hours the period after initiating an emergency electronic surveillance to apply for a court order authorizing such surveillance. States that a court order is not required for the acquisition of communications between persons not located within the United States for the purpose of collecting foreign intelligence information, whether the communication passes through, or the surveillance device is located within, the United States. Authorizes the hiring of additional personnel within the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), NSA, and the Court.

To reiterate that chapters 119 and 121 of title 18, United States Code, and the Foreign Intelligence Surveillance Act of 1978 are the exclusive means by which domestic electronic surveillance may be conducted, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Gunrunning Act of 2003''. SEC. 2. PREVENTING GUN TRAFFICKING BY RESTRICTING HANDGUN TRANSFERS TO ONE PER MONTH. (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(z)(1) The Congress finds and declares that-- ``(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem; ``(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs; ``(C) firearms and ammunition move easily in interstate commerce; ``(D) the illegal movement of firearms, and handguns in particular, across state lines is a widespread and pervasive national problem; ``(E) handguns (even when lawfully purchased) are unlawfully transported across state lines by gun traffickers and are illegally sold to prohibited persons; ``(F) in fact, even before a firearm is illegally sold by a trafficker, the gun, its component parts, ammunition, and the raw materials from which it is made have moved in interstate commerce; ``(G) law-abiding persons may fear to travel interstate or to or through certain parts of the country due to concern about violent crime and gun violence; ``(H) the illegal movement of handguns across state lines substantially affects the national market for firearms, because handguns sold in one State in which there are few restrictions provide a convenient source for the acquisition of handguns by gun traffickers who transport the handguns to jurisdictions with stronger restrictions; ``(I) the unlawful sale of firearms by traffickers provides a method by which firearms can be bought and sold anonymously, without background checks and without record-keeping requirements to enable gun tracing; ``(J) handguns sold by traffickers are often obtained by criminals and other prohibited persons who frequently use guns that cannot be traced to commit crimes; ``(K) handgun violence is a pervasive, national problem that is exacerbated by the availability of handguns through gun traffickers; ``(L) firearms from traffickers have been involved in subsequent crimes including drug offenses, crimes of violence, property crimes, and illegal possession by felons and other prohibited persons; ``(M) because gun trafficking is often an interstate activity, individual States and localities are often severely hampered in combating illegal handgun purchases--even States and localities that have made strong efforts to prevent, detect, and punish gun-related crime and illegal trafficking of firearms--as a result of the failure or inability of other States or localities to take strong measures; and ``(N) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to ensure, by enactment of this section, that criminals and other prohibited persons do not obtain firearms through gun traffickers. ``(2) It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer-- ``(A) during any 30-day period, to sell, deliver, or transfer 2 or more handguns to any single person (other than a licensed importer, licensed manufacturer, or licensed dealer), or ``(B) to sell, deliver, or transfer a handgun to any single person (other than a licensed importer, licensed manufacturer, or licensed dealer), knowing or having reasonable cause to believe that the transferee has already received 1 or more handguns within the previous 30 days. ``(3)(A) It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, or licensed dealer) to receive more than one handgun within any 30-day period. ``(B) Under such rules and regulations as the Attorney General shall prescribe, subparagraph (A) shall not apply to the loan or rental of a single handgun solely for purposes of target shooting, provided that the recipient possesses no more than one such loaned or rented handgun at any one time. ``(4) Under such rules and regulations as the Attorney General shall prescribe, paragraphs (2) and (3) shall not apply to-- ``(A) handguns transferred to or received by qualified private security companies licensed to do business within the State where the transfer occurs for use by the company in its security operations, provided that any handgun transferred under this subsection is transferred through a licensed dealer located in the State where the security company is licensed to do business; ``(B) the disposition made of a handgun delivered to a person licensed under section 923 for the sole purpose of repair or customizing when such handgun or a replacement handgun of the same kind and type is returned to the person from whom it was received; ``(C) the loan or rental of a single handgun from a person licensed under section 923, provided that the recipient possesses no more than one such loaned or rented handgun at any one time; ``(D) the redemption of pawned handguns from a person licensed under section 923 by the person from whom the handguns were received; ``(E) the receipt of curio or relic handguns by a licensed collector; ``(F) the receipt of a single handgun from a person licensed under section 923 to replace a lost or stolen handgun of the same kind or type, where the transferee has submitted to the licensee a copy of an official police report establishing the loss or theft of a handgun or handguns; ``(G) the transfer of handguns by bequest; ``(H) the transfer of handguns to the transferor's spouse, child, parent, stepparent, grandparent, grandchild, brother, or sister; ``(I) the transfer of all or part of a personal firearms collection (as that term is defined in regulations to be prescribed by the Attorney General) that includes handguns, provided that the handguns in the collection are transferred through a licensed importer, manufacturer, or dealer located in the State where the transferee resides; or ``(J) the transfer or receipt of a handgun for the use of the United States or any department or agency thereof or of any State or any department, agency or political subdivision thereof.''. (b) Penalties.--Section 924(a)(2) of such title is amended by striking ``or (o)'' and inserting ``(o), or (z)''. (c) Increased Penalties for Licensees Who Knowingly Make False Statements in Required Records.-- (1) Section 924(a)(3) of such title is amended-- (A) by striking ``(A)''; (B) by striking ``or'' after ``chapter''; (C) by striking subsection (B); and (D) by striking ``one year'' and inserting ``5 years''. (2) Section 924(a) of such title is amended by adding at the end the following: ``(7) Any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly violates section 922(m) shall be fined under this title, imprisoned not more than 1 year, or both.''. (d) Conforming Changes to the Brady Law.--Section 922(t) of such title is amended-- (1) in paragraph (1)(B)(ii), by striking ``(g) or (n)'' and inserting ``(g), (n), or (z)''; (2) in paragraph (2), by striking ``(g) or (n)'' and inserting ``(g), (n), or (z)''; (3) in paragraph (3), by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; (4) in paragraph (4), by striking ``(g) or (n)'' and inserting ``(g), (n), or (z)''; and (5) by adding at the end the following: ``(10) A licensee must, within three days of receiving a request from the prospective transferee, notify the national instant criminal background check system of any background check conducted pursuant to this section within the previous 30 days that did not result in the transfer of a handgun. ``(11) Information that is retained pursuant to Public Law 103-159 may be used to effectuate section 922(z) of this title.''. (e) Effective Date.--The Attorney General shall determine, and publish in the Federal Register, the date on which this section shall become effective.

Anti-Gunrunning Act of 2003 - Amends the Brady Handgun Violence Prevention Act to prohibit any licensed firearms importer, manufacturer, or dealer from selling, delivering, or transferring: (1) two or more handguns to any single person (other than a licensed importer, manufacturer, or dealer) during any 30-day period; or (2) a handgun knowing or having reasonable cause to believe that the transferee has already received one or more handguns within the previous 30 days. Prohibits an unlicensed individual from receiving more than one handgun within any 30-day period. Specifies exceptions.Provides for imprisonment for up to five years (currently, one year) of a licensed dealer, importer, manufacturer, or collector knowingly making any false statement in connection with required firearms records.Requires a licensee, within three days of receiving a request from a prospective transferee, to notify the national instant criminal background check system of any check conducted within the previous 30 days that did not result in the transfer of a handgun.

To prevent handgun violence and illegal commerce in handguns.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Salmon Solutions and Planning Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds and declares the following: (1) Thirteen salmon and steelhead species in the Columbia and Snake River Basin are listed for protection under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) as a consequence of various factors, including the construction and operation of hydroelectric projects, harvest management practices, habitat degradation, altered in-stream flow regimes, and unsound hatchery practices. (2) The original range of Snake River salmon included not only their existing habitat, but also habitat in the upper Columbia River and the upper Snake River Basins, including southern Idaho, southeast Oregon, and northern Nevada. (3) Since the construction of 4 Federal dams on the lower Snake River in Washington, all salmon and steelhead populations in the Snake River are either already extinct or listed as an endangered or threatened species under the Endangered Species Act of 1973. (4) Without action, climate change and rising water temperatures will continue to have detrimental effects on many North American coldwater fish species, including salmon and steelhead populations. Due to their high-elevation spawning grounds, Snake River salmon are key to maintaining and rebuilding those salmon populations threatened by rising water temperatures throughout the Columbia River Basin. (5) Salmon and steelhead populations have major economic, ecological, educational, recreational, scientific, cultural, and spiritual significance to the Nation and its people. Even at their current depressed population levels, these salmon and steelhead populations generate hundreds of millions of dollars in direct and indirect benefits for communities in Alaska, Washington, Oregon, Idaho, and California; restoring these populations is estimated to generate billions of dollars in additional revenue for these States. (6) The United States has signed treaties with Indian tribes in Washington, Oregon, Montana, and Idaho and with the Government of Canada, creating legally enforceable treaty obligations to restore salmon populations to sustainable and harvestable levels. (7) Recent studies indicate that the window of time to protect and restore the salmon and steelhead populations is short, with scientists estimating that several of the remaining Snake River salmon populations could be extinct in less than 20 years if action is not taken. (8) The Federal Government, the Bonneville Power Administration, and United States ratepayers in the Pacific Northwest have spent more than $10,000,000,000 on salmon recovery efforts in the Columbia and Snake River Basin to date. (9) A federally funded group of State, tribal, Federal, and independent scientists found that removing the 4 lower Snake River dams in Washington is the surest way to protect and recover these salmon and steelhead populations. Similar conclusions have been reached by the Army Corps of Engineers and the Department of Commerce. (10) Significant sediment buildup behind the Lower Granite Dam poses a flood risk to the city of Lewiston, Idaho. A study by the Army Corps of Engineers found that nearly $2,000,000,000 worth of buildings and infrastructure face a growing threat of major damage from levee breaching. The same Corps study estimates that the costs of river-dredging and levee-raising needed to protect this area could cost taxpayers hundreds of millions of dollars. (11) A Federal court has found that all 4 lower Snake River dams violate water quality standards under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (12) The removal of the 4 lower Snake River dams would open up more than 100 miles of free-flowing river ways to inland Northwest communities and provide needed resources for more effective and efficient freight transportation systems. (13) In the event the 4 lower Snake River dams are removed, their electricity generation, freight shipping, and water supply benefits must be replaced through other means in order to protect affected communities, farms, and the regional energy supply system; the dams' energy benefits should be replaced with cost-effective, clean renewable sources that focus on energy efficiency and conservation. (14) Studies have found that the Northwest has ample additional existing and potential clean renewable energy sources to replace the renewable electricity produced by the 4 lower Snake River dams in an environmentally sound and cost effective manner. (15) By completing the planning and evaluation required under this Act, the Northwest and the Nation will be better prepared to efficiently manage salmon recovery and ensure prompt implementation of Federal salmon recovery actions needed to protect and restore wild Columbia and Snake River salmon and steelhead. (b) Purposes.--The purpose of this Act are-- (1) to ensure the protection and recovery of wild Columbia and Snake River salmon and steelhead to self-sustaining, harvestable levels, while providing for reliable, reasonably priced, clean renewable energy in the Northwest, a reliable and affordable freight transportation system, an economically sustainable salmon recovery program; and (2) to maximize the economic benefits of removal of the 4 lower Snake River dams while mitigating for its impacts. SEC. 3. SCIENTIFIC ANALYSIS OF FEDERAL SALMON RECOVERY ACTIONS. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary of Commerce shall enter into an agreement with the National Academy of Sciences providing for a scientific analysis of Federal salmon recovery actions. (b) Review of Snake River Dam Removal and Other Actions.--Pursuant to the agreement under subsection (a), the National Academy of Sciences shall review, at minimum-- (1) the impact, if any, that removal of the 4 lower Snake River dams would have on recovery of salmon and steelhead populations; and (2) any additional actions that may be necessary to achieve recovery of salmon and steelhead populations. (c) Report.--Pursuant to the agreement under subsection (a), the National Academy of Sciences shall submit, not later than 10 months after the date of enactment of this Act, a report on the results of the scientific analysis conducted under the agreement-- (1) to the Secretary of the Army for consideration in developing the updated feasibility study under section 8; (2) to the Secretaries of Commerce, Transportation, Energy, and the Interior and the Administrator of the Environmental Protection Agency; and (3) to Congress. SEC. 4. STUDY OF RAIL, HIGHWAY, AND BARGE IMPROVEMENTS. (a) In General.--The Secretary of Transportation shall conduct a peer-reviewed study of the rail, highway, and Columbia River barge infrastructure improvements that would be necessary to ensure a cost- effective and efficient transportation system for agricultural and other shippers who-- (1) currently use barge transportation between Lewiston, Idaho, and the confluence of the Snake and Columbia Rivers; and (2) would be unable to do so if the 4 lower Snake River dams were removed. (b) Review of Potential Cost Increases.--In carrying out subsection (a), the Secretary of Transportation shall review, at a minimum-- (1) increases, if any, in shipping costs that would result if the 4 lower Snake River dams were removed; and (2) options for addressing any such increases so as to minimize the potential impact on shippers. (c) Input of Interested Parties.--In carrying out subsection (a), the Secretary of Transportation shall incorporate-- (1) input and feedback from-- (A) farmers and other shippers; (B) the Washington, Idaho, and Oregon State departments of transportation; and (C) other relevant stakeholders in the agricultural, business, and public interest communities; and (2) any suggestions or decisions arrived at through consensus deliberations of the same or similar participants. (d) Report.--Not later than 12 months after the date of enactment of this Act, the Secretary of Transportation shall transmit a report on the results of the study-- (1) to the Secretary of the Army for consideration in developing the updated feasibility study under section 8; and (2) to Congress. SEC. 5. STUDY OF ENERGY REPLACEMENT. (a) In General.--The Secretary of Energy, in consultation with the Council on Environmental Quality, shall conduct a peer-reviewed study of the energy replacement options that exist to replace the power currently generated by the 4 lower Snake River dams in the event the dams are removed. (b) Review of Potential Clean Renewable Energy Resources and Certain Projects.--In carrying out subsection (a), the Secretary of Energy shall review-- (1) existing, planned, and potential clean renewable energy resources; and (2) energy efficiency, energy conservation, and combined heat and power projects. (c) Report.--Not later than 12 months after the date of enactment of this Act, the Secretary of Energy shall transmit a report on the results of the study-- (1) to the Secretary of the Army for consideration in developing the updated feasibility study under section 8; and (2) to Congress. SEC. 6. STUDY OF LOWER SNAKE RIVER RIVERFRONT REVITALIZATION. (a) In General.--The Secretary of the Army, in consultation with relevant State and local governments and interested parties, shall conduct a study of-- (1) the riverfront revitalization and restoration opportunities that would exist in the event of the removal of the 4 lower Snake River dams; and (2) the costs that would be incurred to implement such revitalization and restoration measures. (b) Riverfront Revitalization.--In carrying out subsection (a), the Secretary of the Army shall focus on riverfront revitalization for Lewiston, Idaho, and Clarkston, Washington, but may include a review of other impacted communities along the 140 miles of the lower Snake River. (c) Peer Review.--The study shall be subject to peer review generally in accordance with section 2034 of the Water Resources Development Act of 2007 (33 U.S.C. 2343) to determine the accuracy of the preferred engineering options and costs determined by the Secretary. (d) Report.--Not later than 12 months after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study, including the Secretary's determinations concerning engineering options and costs. SEC. 7. STUDY OF IRRIGATION PROTECTIONS. (a) In General.--The Secretary of the Interior, acting through the Bureau of Reclamation, shall conduct a peer-reviewed study of the options and costs regarding any modifications to affected irrigation systems, cooling systems, and private wells that would be needed if the 4 lower Snake River dams were removed. (b) Report.--Not later than 12 months after the date of enactment of this Act, the Secretary of the Interior shall transmit a report on the study-- (1) to the Secretary of the Army for consideration in developing the updated feasibility study under section 8; and (2) to Congress. SEC. 8. AUTHORIZATION AND STUDY OF SALMON RECOVERY. (a) Dam Removal Authorization.--Congress hereby determines that the Secretary of the Army may remove the 4 lower Snake River dams. (b) Review and Update of Feasibility Study.--The Secretary of the Army, in consultation with the Secretary of Commerce, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency, shall re-evaluate and update the U.S. Army Corps of Engineers' Final Lower Snake River Juvenile Salmon Migration Feasibility Report/ Environmental Impact Statement (February 2002) pursuant to new information. (c) Considerations.--The updated feasibility study shall-- (1) take into consideration the results of the studies and analyses carried out under this Act; and (2) incorporate and address, at a minimum-- (A) current and expected future climate change impacts on Columbia and Snake River salmon and steelhead populations and their habitat; (B) replacement of the 4 lower Snake River dams' average energy output (not nameplate capacity) with clean renewable energy resources, including energy efficiency and conservation; (C) options for keeping currently irrigated acreage intact and under irrigation in a dam removal scenario; (D) costs associated with Lower Granite Dam reservoir sediment/flood risk mitigation in a non-dam- removal scenario; (E) Passive Use Values associated with both dam removal and non-dam-removal scenarios; and (F) alternate methods for removing the 4 lower Snake River dams in addition to the method analyzed in the 2002 environmental impact statement, including full dam removal and removing or notching the dams' concrete portions. (d) Completion; Report; Peer Review.--The Secretary of the Army shall-- (1) complete the re-evaluation and update and submit a report thereon to Congress within 24 months after the date of enactment of this Act; (2) include in the report a determination of engineering options and costs; and (3) submit the results of the re-evaluation and update (including such determination of engineering options and costs) to peer review generally in accordance with section 2034 of the Water Resources Development Act of 2007 (33 U.S.C. 2343) to determine the accuracy of the preferred engineering options and costs. SEC. 9. DEFINITIONS. In this Act, the following definitions apply: (1) Clean renewable energy resources.--The term ``clean renewable energy resources'' means-- (A) incremental electricity produced as the result of efficiency improvements to existing hydroelectric generation projects, including in irrigation pipes and canals, where the additional generation in either case does not result in new water diversions or impoundments; (B) wind; (C) solar energy; (D) geothermal energy; (E) landfill gas; (F) wave, ocean, or tidal power; (G) gas from sewage treatment facilities; (H) biomass energy (as defined in section 932(a) of the Energy Policy Act of 2005 (42 U.S.C. 16232(a))), excluding energy derived from-- (i) pulping liquor from paper production; or (ii) forest materials from old growth forests; or (I) any combination of the energy resources described in this paragraph. (2) Federal salmon recovery actions.--The term ``Federal salmon recovery actions'' means Federal actions required to protect, recover, and restore salmon and steelhead in the Columbia and Snake River basin that are listed under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)). The term shall not be construed as just those actions needed to avoid jeopardy of these salmon and steelhead populations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (3) 4 lower snake river dams.--The term ``4 lower Snake River dams'' means the following dams on the Snake River, Washington: (A) The Ice Harbor dam. (B) The Lower Monumental dam. (C) The Little Goose dam. (D) The Lower Granite dam. (4) Peer-reviewed study.--The term ``peer-reviewed study'' means, unless otherwise specified, a study subject to peer review in accordance with the guidelines issued by the Director of the Office of Management and Budget under section 515 of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106-554; 114 Stat. 2763A-153). (5) Salmon and steelhead populations.--The term ``salmon and steelhead populations'' means the evolutionarily significant units of salmon and steelhead in the Columbia and Snake River basin that are listed under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)).

Salmon Solutions and Planning Act - Directs the Secretary of Commerce to enter into an arrangement with the National Academy of Sciences for scientific analysis of federal salmon recovery actions, including the impact that removal of the four lower Snake River dams would have on recovery of salmon and steelhead populations and any additional actions that may be necessary to achieve recovery of salmon and steelhead populations. Directs: (1) the Secretary of Transportation (DOT) to conduct a peer-reviewed study of the rail, highway, and Columbia River barge infrastructure improvements that would be necessary to ensure a cost-effective and efficient transportation system for shippers who currently use barge transportation between Lewiston, Idaho, and the confluence of the Snake and Columbia Rivers and who would be unable to do so if the four lower Snake River dams were removed; (2) the Secretary of Energy (DOE) to conduct a peer-reviewed study  of the options to replace the power currently generated by such dams if they were removed; (3) the Army Corps of Engineers to analyze riverfront revitalization and restoration opportunities and costs in the event of such removal; and (4) the Bureau of Reclamation to conduct a peer-reviewed analysis of the options and costs regarding any needed modifications to affected irrigation systems, cooling systems, and private wells if the dams were removed. Sets forth the congressional determination that the Secretary of the Army may remove the four lower Snake River dams. Directs the Secretary to reevaluate and update the U.S. Army Corps of Engineers' Final Lower Snake River Juvenile Salmon Migration Feasibility Report/Environmental Impact Statement (February 2002) pursuant to new information.

To ensure that proper information gathering and planning are undertaken to secure the preservation and recovery of the salmon and steelhead of the Columbia River Basin in a manner that protects and enhances local communities, ensures effective expenditure of Federal resources, and maintains reasonably priced, reliable power, to direct the Secretary of Commerce to seek scientific analysis of Federal efforts to restore salmon and steelhead listed under the Endangered Species Act of 1973, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cell Tax Fairness Act of 2008''. SEC. 2. MORATORIUM. (a) In General.--No State or local jurisdiction shall impose a new discriminatory tax on or with respect to mobile services, mobile service providers, or mobile service property, during the 5-year period beginning on the date of enactment of this Act. (b) Definitions.--In this Act: (1) Mobile service.--The term ``mobile service'' means commercial mobile radio service, as such term is defined in section 20.3 of title 47, Code of Federal Regulations, as in effect on the date of enactment of this Act, or any other service that is primarily intended for receipt on, transmission from, or use with a mobile telephone, including but not limited to the receipt of a digital good. (2) Mobile service property.--The term ``mobile service property'' means all property used by a mobile service provider in connection with its business of providing mobile services, whether real, personal, tangible, or intangible and includes, but is not limited to goodwill, licenses, customer lists, and other similar intangible property associated with such business. (3) Mobile service provider.--The term ``mobile service provider'' means any entity that sells or provides mobile services, but only to the extent that such entity sells or provides mobile services. (4) New discriminatory tax.--The term ``new discriminatory tax'' means any tax imposed by a State or local jurisdiction that-- (A) is imposed on or with respect to, or is measured by the charges, receipts, or revenues from or value of-- (i) any mobile service and is not generally imposed, or is generally imposed at a lower rate, on or with respect to, or measured by the charges, receipts or revenues from, other services or transactions involving tangible personal property; (ii) any mobile service provider and is not generally imposed, or is generally imposed at a lower rate, on other persons that are engaged in businesses other than the provision of mobile services; or (iii) any mobile service property and is not generally imposed, or is generally imposed at a lower rate, on or with respect to, or measured by the value of, other property that is devoted to a commercial or industrial use and subject to a property tax levy, except public utility property owned by a public utility subject to rate of return regulation by a State or Federal regulatory authority; and (B) was not generally imposed and actually enforced on mobile services, mobile service providers, or mobile service property prior to the date of enactment of this Act. (5) State or local jurisdiction.--The term ``State or local jurisdiction'' means any of the several States, the District of Columbia, any territory or possession of the United States, a political subdivision of any State, territory, or possession, or any governmental entity or person acting on behalf of such State, territory, possession, or subdivision and with the authority to assess, impose, levy, or collect taxes or fees. (6) Tax.-- (A) In general.--The term ``tax'' means any charge imposed by any governmental entity for the purpose of generating revenues for governmental purposes, and is not a fee imposed on an individual entity or class of entities for a specific privilege, service, or benefit conferred exclusively on such entity or class of entities. (B) Exclusion.--The term ``tax'' does not include any fee or charge-- (i) used to preserve and advance Federal universal service or similar State programs authorized by section 254 of the Communications Act of 1934 (47 U.S.C. 254); or (ii) specifically dedicated by a State or local jurisdiction for the support of E-911 communications systems. (c) Rules of Construction.-- (1) Determination.--For purposes of subsection (b)(4), all taxes, tax rates, exemptions, deductions, credits, incentives, exclusions, and other similar factors shall be taken into account in determining whether a tax is a new discriminatory tax. (2) Application of principles.--Except as otherwise provided in this Act, in determining whether a tax on mobile service property is a new discriminatory tax for purposes of subsection (b)(4)(A)(iii), principles similar to those set forth in section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 (49 U.S.C. 11501) shall apply. (3) Exclusions.--Notwithstanding any other provision of this Act-- (A) the term ``generally imposed'' as used in subsection (b)(4) shall not apply to any tax imposed only on-- (i) specific services; (ii) specific industries or business segments; or (iii) specific types of property; and (B) the term ``new discriminatory tax'' shall not include a new tax or the modification of an existing tax that-- (i) replaces one or more taxes that had been imposed on mobile services, mobile service providers, or mobile service property; and (ii) is designed so that, based on information available at the time of the enactment of such new tax or such modification, the amount of tax revenues generated thereby with respect to such mobile services, mobile service providers, or mobile service property is reasonably expected to not exceed the amount of tax revenues that would have been generated by the respective replaced tax or taxes with respect to such mobile services, mobile service providers, or mobile service property. SEC. 3. ENFORCEMENT. (a) Burden of Proof.--The burden of proof in any proceeding brought under this Act shall be upon the party seeking relief and shall be by a preponderance of the evidence on all issues of fact. (b) Relief.--In granting relief against a tax which is discriminatory or excessive under this Act with respect to tax rate or amount only, the court shall prevent, restrain, or terminate the imposition, levy, or collection of no more than the discriminatory or excessive portion of the tax as determined by the court.

Cell Tax Fairness Act of 2008 - Prohibits states or local governments from imposing any new discriminatory tax on mobile services, mobile service providers, or mobile service property for five years after the enactment of this Act. Defines "new discriminatory tax" as a tax imposed on mobile services, providers, or property that is not generally imposed on other types of services or property, or that is generally imposed at a lower rate.

To restrict any State or local jurisdiction from imposing a new discriminatory tax on cell phone services, providers, or property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small System Safe Drinking Water Act of 2007''. SEC. 2. COMPLIANCE AND ENFORCEMENT. (a) Guidance.--Section 1412(b)(4)(E) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)(4)(E)) is amended by adding at the end the following: ``(vi) Guidance.--As soon as practicable after the date of enactment of this clause, the Administrator shall-- ``(I) convene a working group composed of representatives from States, small publicly owned water systems, and treatment manufacturers, which shall, not later than 180 days after the date of enactment of this clause, conduct a study of, and submit to Congress a report on, barriers to the use of point-of-use and point-of- entry treatment units, package plants (including water bottled by the public water system), and modular units; ``(II) develop a model guidance document based on recommendations received from the working group under subclause (I) and similar State guidance documents for distribution to States to assist States in regulating and promoting the treatment options described in subclause (I); and ``(III) distribute to small water systems-- ``(aa) the model guidance document developed under subclause (II); and ``(bb) such other information relating to the treatment options described in subclause (I) as the Administrator considers to be appropriate.''. (b) Enforcement of National Primary Drinking Water Regulations.-- (1) Variance technologies.--Section 1412(b)(15)(A) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)(15)(A)) is amended-- (A) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately; (B) by striking ``(A) In general.--At the'' and inserting the following: ``(A) Technologies.-- ``(i) In general.--At the''; and (C) by adding after the matter following subparagraph (A)(i)(III) (as redesignated by subparagraph (A)) the following: ``(B) Affordability.--In establishing affordability criteria under this subparagraph, the Administrator shall-- ``(i) in determining whether a treatment technology or treatment technique is affordable, include consideration of costs associated with complying with all relevant regulations promulgated in accordance with this Act and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) with which a municipality or small public water system may be required to comply; ``(ii) give extra weight to households the total income of which is below the poverty level, and to communities that meet the affordability criteria of a State established in accordance with section 1452(b)(3)(A)(iii), as determined by the Administrator; and ``(iii) ensure that the affordability criteria are not more costly, on a per-capita basis, to a small public water system than the cost, on a per-capita basis, to a large water system of acquiring feasible technology described in paragraph (4).''. (2) State revolving loan funds.--Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is amended-- (A) by redesignating subsections (n), (o), (p), (q), and (r) as subsection (o), (p), (q), (r), and (s) respectively; and (B) by inserting after subsection (m) the following: ``(n) Enforcement.--Before initiating any enforcement action, the Administrator or the State shall ensure that sufficient funds have been made available under this title to assist each public water system that serves fewer than 10,000 individuals in meeting requirements under the regulation.''. (c) Renewal of Exemption.--Section 1416(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g-5(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) In the case of a system that does not serve more than a population of 10,000 and that needs financial assistance for the necessary improvements, an exemption granted under clause (i) or (ii) of subparagraph (B) may be renewed for such period as the State determines to be appropriate, if the system establishes that it is taking all practicable steps to meet the requirements of subparagraph (B).''. (d) Research, Technical Assistance, Information, and Training of Personnel.--Section 1442 of the Safe Drinking Water Act (42 U.S.C. 300j-1) is amended-- (1) in subsection (e)-- (A) in the first sentence, by striking ``The Administrator'' and inserting the following: ``(1) In general.--The Administrator''; (B) in the second sentence, by striking ``Such assistance'' and inserting the following: ``(2) Types of assistance.--Assistance provided under paragraph (1)''; (C) in the third sentence, by striking ``The Administrator'' and inserting the following: ``(3) Availability of assistance.--The Administrator''; (D) in the fourth sentence, by striking ``Each nonprofit'' and inserting the following: ``(4) Consultation with state.--Each nonprofit''; and (E) by striking the fifth sentence and all that follows through the end of the subsection and inserting the following: ``(5) Assistance in complying with rules.--The Administrator shall ensure, to the maximum extent practicable, that each water system serving fewer than 10,000 individuals that is required to comply with Federal drinking water rules receives adequate technical assistance and training to meet the requirements of those final rules, including through assistance to be provided by qualified nonprofit associations with expertise in public water systems. ``(6) Priority.--The Administrator shall give priority for assistance under this section to water systems that, as of the date of enactment of this paragraph, are not in compliance with, as determined by the Administrator-- ``(A) the final rule entitled `Disinfectants and Disinfection Byproducts' and published by the Administrator on December 16, 1998 (63 Fed. Reg. 69390); ``(B) the final rule entitled `Arsenic and Clarifications to Compliance and New Source Contaminants Monitoring' and published by the Administrator on January 22, 2001 (66 Fed. Reg. 6976); ``(C) the final rule entitled `Stage 2 Disinfectants and Disinfection Byproducts Rule' and published by the Administrator on January 4, 2006 (71 Fed. Reg. 388); and ``(D) the final rule entitled `Ground Water Rule' and published by the Administrator on November 8, 2006 (71 Fed. Reg. 65574). ``(7) Enforcement action.--Before initiating any enforcement action, the Administrator or the State shall ensure that sufficient funds have been made available under this title to assist each public water system that serves fewer than 10,000 individuals in meeting requirements under the regulation.''; and (2) by adding at the end the following: ``(f) Research and Development Pilot Projects.-- ``(1) In general.--The Administrator shall establish a research pilot program (referred to in this subsection as the `program') to explore new technologies or approaches that public water systems may use to comply with a public drinking water standard promulgated under this Act. ``(2) Responsibilities of administrator.--In carrying out this subsection, the Administrator shall-- ``(A) establish an application process that includes criteria that may be used to assess water systems applying for participation in the program; ``(B) based on applications received under subparagraph (A), select 20 communities with various populations and water sources in different regions of the United States for participation in the program; ``(C) fund projects that develop or implement new technologies or approaches for implementation of Federal drinking water standards; and ``(D) coordinate projects with the Arsenic Water Technology Partnership program of the Department of Energy. ``(3) Technology transfer and disinfection strategies.--The Administrator shall carry out a pilot program to conduct research into technology transfer issues and disinfection strategies relating to drinking water, including risks associated with the migration to chloramines for the purpose of water disinfection. ``(4) Funding.-- ``(A) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection and subsection (e) $15,000,000 for each of fiscal years 2008 through 2012. ``(B) Lobbying expenses.--No portion of any State revolving loan fund established under section 1452, and no portion of any funds made available under this subsection, may be used for lobbying expenses. ``(C) Tribal assistance.--Of the amount made available under subparagraph (A) for a fiscal year, at least 3 percent shall be used for technical assistance to public water systems owned or operated by Indian Tribes.''. (e) Contaminant Study and Report.-- (1) Establishment of panel.--The Administrator of the Environmental Protection Agency (referred to in this subsection as the ``Administrator'') shall establish a panel of experts composed of not more than 6 members appointed by the Administrator, of whom-- (A) 1 member shall be selected by the Administrator; (B) 1 member shall be appointed based on the recommendation of State water administrators; (C) 3 members shall be appointed based on the recommendation of associations representing public water systems; and (D) 1 member shall be appointed based on the recommendation of the National Academy of Sciences. (2) Duties.--The panel of experts shall-- (A) conduct a review of studies on the health effects of exposure to arsenic and disinfection byproducts; and (B) not later than 180 days after the date of enactment of this Act, submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes-- (i) the results of the review; and (ii) an assessment of the most recent scientific findings relating to the health effects of exposure to the substances described in subparagraph (A), including a comparison of studies and research conducted after the date on which maximum contaminant levels and maximum contaminant level goals for those substances were established in accordance with section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1).

Small System Safe Drinking Water Act of 2007 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA): (1) to convene a working group to study barriers to using specified treatments; (2) to develop model guidance to assist states in regulating and promoting such treatment options; and (3) when establishing affordability criteria for variance technology, to consider specified cost factors, to give extra weight to households below the poverty level and to communities that meet state affordability criteria, and to ensure that the criteria are not more costly, on a per-capita basis, to a small public water system than the per capita cost to a large water system of acquiring feasible technology. Requires the Administrator or a state, before initiating any enforcement action, to ensure that sufficient funds have been made available to assist each public water system that serves fewer than 10,000 individuals in meeting regulation requirements. Revises provisions allowing an exemption of a system from maximum containment level and treatment technique requirements to: (1) increase the population threshold; and (2) allow state determinations of a renewal period. Revises technical assistance provisions to require water systems serving fewer than 10,000 individuals to receive adequate technical assistance and training to meet requirements of final rules. Gives priority to systems not in compliance with specified rules concerning: (1) disinfectants and disinfection byproducts; (2) arsenic and compliance and new source monitoring; and (3) groundwater. Establishes pilot programs to: (1) explore new technologies or approaches to comply with a drinking water standard; and (2) research technology transfer issues and disinfection strategies relating to drinking water. Requires the Administrator to establish a panel to study the health effects of exposure to arsenic and disinfection byproducts.

A bill to amend the Safe Drinking Water Act to prevent the enforcement of certain national primary drinking water regulations unless sufficient funding is available or variance technology has been identified.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Mental Health Research Act''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 100 million Americans currently have some sort of brain-related condition. Millions of Americans, many of whom are currently school children, have some sort of developmental delay, autism, or learning disability. (2) Moreover, many Americans suffer from some form of psychotic disorder, including schizophrenia and affective psychotic disorders. (3) These brain disorders usually result in significant life-long disability, and psychotic disorders in particular, despite advances in treatment, rank among the top causes of disability worldwide. (4) Neuroscience research has the potential to dramatically improve the quality of life for people facing brain disease and injury, and to significantly improve our understanding of learning. (5) Because of the impact on the health and economy of the country, the Federal Government has taken a special interest in promoting neuroscience and mental health research. Several Federal agencies, including the National Science Foundation, National Institutes of Health (NIH), Veterans Administration, and Department of Defense oversee research on the brain and nervous system. (6) In December 2011, Congress directed the Office of Science and Technology Policy to establish an Interagency Working Group on Neuroscience (IWGN). The IWGN is currently convening representatives across the Federal Government to make recommendations about the future of neuroscience research. (7) Given the findings about the role of mental illness in multiple shootings across the Nation, including Newton, Connecticut, Aurora, Colorado, and other communities experiencing similar tragedies, the Federal Government has an interest in pursuing research on the early detection, intervention, and prevention of psychosis. (8) In line with this, the Federal Government is looking for new ways of increasing the Nation's knowledge of the underlying causes of psychosis. (9) The United States commitment to furthering the early detection of mental illness in youth was seen in its participation in two public/private research programs that studied the earliest stages of psychotic illness, namely-- (A) the North American Prodrome Longitudinal Study (NAPLS); and (B) the Recovery After an Initial Schizophrenia Episode (RAISE) initiative. SEC. 3. YOUTH MENTAL HEALTH RESEARCH NETWORK. (a) Youth Mental Health Research Network.-- (1) Network.--The Director of the National Institutes of Health may provide for the establishment of a Youth Mental Health Research Network for the conduct or support of-- (A) youth mental health research; and (B) youth mental health intervention services. (2) Collaboration by institutes and centers.--The Director of NIH shall carry out this Act acting-- (A) through the Director of the National Institute of Mental Health; and (B) in collaboration with other appropriate national research institutes and national centers that carry out activities involving youth mental health research. (3) Mental health research.-- (A) In general.--In carrying out paragraph (1), the Director of NIH may award cooperative agreements, grants, and contracts to State, local, and tribal governments and private nonprofit entities for-- (i) conducting, or entering into consortia with other entities to conduct-- (I) basic, clinical, behavioral, or translational research to meet unmet needs for youth mental health research; or (II) training for researchers in youth mental health research techniques; (ii) providing, or partnering with non- research institutions or community-based groups with existing connections to youth to provide, youth mental health intervention services; and (iii) collaborating with the National Institute of Mental Health to make use of, and build on, the scientific findings and clinical techniques of the Institute's earlier programs, studies, and demonstration projects. (B) Research.--The Director of NIH shall ensure that-- (i) each recipient of an award under subparagraph (A)(i) conducts or supports at least one category of research described in subparagraph (A)(i)(I) and collectively such recipients conduct or support all such categories of research; and (ii) one or more such recipients provide training described in subparagraph (A)(i)(II). (C) Number of award recipients.--The Director of NIH may make awards under this paragraph for not more than 70 entities. (D) Supplement, not supplant.--Any support received by an entity under subparagraph (A) shall be used to supplement, and not supplant, other public or private support for activities authorized to be supported under this paragraph. (E) Duration of support.--Support of an entity under subparagraph (A) may be for a period of not to exceed 5 years. Such period may be extended by the Director of NIH for additional periods of not more than 5 years. (4) Coordination.--The Director of NIH shall-- (A) as appropriate, provide for the coordination of activities (including the exchange of information and regular communication) among the recipients of awards under this subsection; and (B) require the periodic preparation and submission to the Director of reports on the activities of each such recipient. (b) Intervention Services for, and Research on, Severe Mental Illness.-- (1) In general.--In making awards under subsection (a)(3), the Director of NIH shall ensure that an appropriate number of such awards are awarded to entities that agree to-- (A) focus primarily on the early detection and intervention of severe mental illness in young people; (B) conduct or coordinate one or more multisite clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of early severe mental illness in a community setting; (C) rapidly and efficiently disseminate scientific findings resulting from such trials; and (D) adhere to the guidelines, protocols, and practices used in the North American Prodrome Longitudinal Study (NAPLS) and the Recovery After an Initial Schizophrenia Episode (RAISE) initiative. (2) Data coordinating center.-- (A) Establishment.--In connection with awards to entities described in paragraph (1), the Director of NIH shall establish a data coordinating center for the following purposes: (i) To distribute the scientific findings referred to in paragraph (1)(C). (ii) To provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects. (iii) To organize and conduct multisite monitoring activities. (iv) To provide assistance to the Centers for Disease Control and Prevention in the establishment of patient registries. (B) Reporting.--The Director of NIH shall-- (i) require the data coordinating center established under subparagraph (A) to provide regular reports to the Director of NIH on research conducted by entities described in paragraph (1), including information on enrollment in clinical trials and the allocation of resources with respect to such research; and (ii) as appropriate, incorporate information reported under clause (i) into the Director's biennial reports under section 403 of the Public Health Service Act (42 U.S.C. 283). (c) Definitions.--In this Act, the terms ``Director of NIH'', ``national center'', and ``national research institute'' have the meanings given to such terms in section 401 of the Public Health Service Act (42 U.S.C. 281). (d) Authorization of Appropriations.--To carry out this Act, there is authorized to be appropriated $25,000,000 for each of fiscal years 2016 through 2020.

Youth Mental Health Research Act This bill authorizes the National Institute of Mental Health (NIMH) to establish a Youth Mental Health Research Network for the conduct or support of youth mental health research and intervention services. The NIMH may award cooperative agreements, grants, and contracts to governments and private nonprofit entities for: (1) conducting youth mental health research or training for researchers in youth mental health research techniques; (2) providing youth mental health intervention services; and (3) collaborating with NIMH to build on the scientific findings and clinical techniques of earlier programs, studies, and demonstration projects. A number of these awards must go to entities that agree to: (1) focus primarily on the early detection and intervention of severe mental illness in young people; (2) conduct or coordinate multisite clinical trials for the prevention, diagnosis, or treatment of early severe mental illness in a community setting and rapidly disseminate their findings; and (3) adhere to the guidelines, protocols, and practices used in the North American Prodrome Longitudinal Study and the Recovery After an Initial Schizophrenia Episode initiative. The NIMH must establish a data coordinating center to assist awardees and distribute scientific findings generated by awardees.

Youth Mental Health Research Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Regulating Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) many Federal regulations have improved the quality of life of the American public, however, uncontrolled increases in regulatory costs and lost opportunities for better regulation should not be continued; (2) the legislative branch has a responsibility to ensure that laws passed by Congress are properly implemented by the executive branch; and (3) in order for the legislative branch to fulfill its responsibilities to ensure that laws passed by Congress are implemented in an efficient, effective, and fair manner, the Congress requires accurate and reliable information on which to base decisions. (b) Purposes.--The purposes of this Act are to-- (1) increase the transparency of important regulatory decisions; (2) promote effective congressional oversight to ensure that agency rules fulfill statutory requirements in an efficient, effective, and fair manner; and (3) increase the accountability of Congress and the agencies to the people they serve. SEC. 3. DEFINITIONS. In this Act, the term-- (1) ``agency'' has the meaning given such term under section 551(1) of title 5, United States Code; (2) ``economically significant rule'' means any proposed or final rule, including an interim or direct final rule, that may have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities, or for which an agency has prepared an initial or final regulatory flexibility analysis pursuant to section 603 or 604 of title 5, United States Code; and (3) ``independent evaluation'' means a substantive evaluation of the agency's and the public's data, methodology, and assumptions used in developing the economically significant rule, and any additional evaluation that the Comptroller General determines to be necessary, including-- (A) an explanation of how any strengths or weaknesses in those data, methodology, and assumptions support or detract from conclusions reached by the agency; and (B) the implications, if any, of those strengths or weaknesses for the rulemaking. SEC. 4. REPORT ON RULES. (a) In General.-- (1) Request for review.--When an agency publishes an economically significant rule, a chairman or ranking member of a committee of jurisdiction of either House of Congress may request the Comptroller General of the United States to review the rule. (2) Report.--The Comptroller General shall submit a report on each economically significant rule selected under paragraph (4) to the committees of jurisdiction in each House of Congress not later than 180 calendar days after a committee request is received, or in the case of a request for review of a notice of proposed rulemaking or an interim final rulemaking, by not later than the end of the 60-calendar-day period beginning on the date the committee request is received, or the end of the period for submission of comment regarding the rulemaking, whichever is later. The report shall include an independent evaluation of the economically significant rule by the Comptroller General. (3) Independent evaluation.--The independent evaluation of the economically significant rule by the Comptroller General under paragraph (2) shall include-- (A) an evaluation of the potential benefits of the rule, including any beneficial effects that cannot be quantified in monetary terms and the identification of the persons or entities likely to receive the benefits; (B) an evaluation of the potential costs of the rule, including any adverse effects that cannot be quantified in monetary terms and the identification of the persons or entities likely to bear the costs; (C) an evaluation of any alternative approaches that could achieve the same goal in a more cost- effective manner or that could provide greater net benefits, and, if applicable, a brief explanation of any statutory reasons why such alternatives could not be adopted; (D) an evaluation of the regulatory impact analysis, federalism assessment, or other analysis or assessment prepared by the agency or required for the economically significant rule; and (E) a summary of the results of the evaluation of the Comptroller General and the implications of those results, including an evaluation of any changes from the proposed rule made by the agency in the final rule. (4) Procedures for priorities of requests.--In consultation with the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives, the Comptroller General shall develop procedures for determining the priority and number of those requests for review under paragraph (1) that will be reported under paragraph (2). The procedures shall give the highest priority to requests regarding a notice of proposed rulemaking, and to requests regarding an interim final rulemaking. (b) Authority of Comptroller General.--Each agency shall promptly cooperate with the Comptroller General in carrying out this Act. Nothing in this Act is intended to expand or limit the authority of the General Accounting Office. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the General Accounting Office to carry out this Act $5,200,000 for each of fiscal years 2001 through 2003. SEC. 6. EFFECTIVE DATE; SUNSET PROVISION. (a) Effective Date.--This Act shall take effect 180 days after the date of enactment of this Act. (b) Sunset Provision.--This Act shall not apply with respect to rules published on or after the date that is 3 years after the effective date of this Act.

Requires the Comptroller General to submit a report on each rule reviewed, including an independent evaluation of: (1) the costs and benefits; (2) alternative approaches that could achieve the same goal more cost-effectively or that could provide greater net benefits, and if applicable, a brief explanation of any statutory reasons why such alternatives could not be adopted; (3) the regulatory impact analysis, federalism assessment, or other analysis or assessment prepared by the agency or required for the rule; and (4) the results of the evaluation and the implication of those results, including an evaluation of any changes from the proposed rule made by the agency in the final rule. Requires the Comptroller General to develop procedures for determining the priority and number of requests for review which give the highest priority to requests regarding a notice of proposed rulemaking and to requests regarding an interim final rulemaking. Authorizes appropriations for FY 2001 through 2003. Provides that this Act shall not apply to rules published after three years after its effective date.

Truth in Regulating Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Customer Service Improvement Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency''-- (A) means an Executive agency (as defined under section 105 of title 5, United States Code) that provides significant services directly to the public or other entity; and (B) does not include an Executive agency if the President determines that this Act should not apply to the Executive agency for national security reasons. (2) Customer.--The term ``customer'', with respect to an agency, means any individual or entity that is directly served by an agency. SEC. 3. DEVELOPMENT OF CUSTOMER SERVICE STANDARDS. (a) Government-Wide Standards.-- (1) In general.--The Director of the Office of Management and Budget shall develop Government-wide standards for customer service delivery, which shall be included in the Federal Government Performance Plan required under section 1115 of title 31, United States Code. (2) Requirements.--The standards developed under paragraph (1) shall include-- (A) Government-wide goals for continuous service improvements and efforts to modernize service delivery; and (B) where appropriate, Government-wide target response times for telephone calls, electronic mail, mail, benefit processing, and payments. (b) Agency Standards.-- (1) In general.--The Chief Performance Officer for each agency shall establish customer service standards in accordance with the Government-wide standards established under subsection (a), which shall be included in the Agency Performance Plans required under section 1115 of title 31, United States Code. (2) Requirements.--Agency standards established under paragraph (1) shall include, if appropriate-- (A) target call wait times during peak and non-peak hours; (B) target response times for correspondence, both by mail and electronic mail; (C) procedures for ensuring all applicable metrics are incorporated into service agreements with nongovernmental individuals and entities; (D) target response times for processing benefits and making payments; and (E) recommendations for effective publication of customer service contact information, including a mailing address, telephone number, and email address. (c) Customer Service Input.--The Performance Improvement Officer for each agency shall collect information from customers of the agency regarding the quality of customer service provided by the agency. Each agency shall include the information collected under this subsection in the performance report made available by the agency under section 1116 of title 31, United States Code. (d) Annual Performance Update.--The Director of the Office of Management and Budget shall include achievements by agencies in meeting the customer service performance measures and standards developed under subsection (a) in each update on agency performance required under section 1116 of title 31, United States Code. SEC. 4. SERVICE IMPROVEMENT UNIT PILOT PROGRAM. (a) Established.--The Director of the Office of Management and Budget shall establish a pilot program, to be known as the Service Improvement Unit Pilot Program (in this section referred to as the ``pilot program''), to provide assistance to agencies that do not meet the Government-wide standards established under section 3. (b) Personnel.--The heads of agencies with expertise in change management, process improvement, and information technology innovation shall detail employees to the Office of Management and Budget to work on the pilot program, based on the expertise and skills required to address service improvement goals. (c) Responsibilities.--Under the pilot program, the Office of Management and Budget shall work with agencies that are not meeting the customer service standards and performance measures established under section 3 to improve and modernize service delivery to develop solutions, including-- (1) evaluating the efforts of the agency to improve service delivery; (2) developing a plan to improve within existing resources and by drawing on expertise and assistance from other agencies (including the Office of Management and Budget) where necessary; (3) monitoring implementation by the agency of the plan developed under paragraph (2) until the customer service standards and performance measures are met; and (4) submitting to the Director of the Office of Management and Budget monthly reports on the progress being made to improve service at the agency until the customer service standards are met. (d) Report.--Not later than 2 years after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report on the accomplishments and outcomes of the pilot program and any recommendations relating to achieving the customer service standards and performance measures established under section 3. (e) Support.--The Administrator of General Services shall provide administrative and other support in order to implement the pilot program under this section. The heads of agencies shall, as appropriate and to the extent permitted by law, provide at the request of the Director of the Office of Management and Budget up to 2 personnel authorizations who have expertise in change management, process improvement, and information technology innovation to support the pilot program. (f) Termination.--The authority to carry out the pilot program shall terminate 2 years after the date of enactment of this Act. SEC. 5. RETIREMENT REPORTING. (a) Definition.--In this section, the term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (b) Reports.-- (1) In general.--Except as provided in paragraph (2) and not later than 30 days after the date of enactment of this Act, and every month thereafter, the Director of the Office of Personnel Management shall submit to Congress and the Comptroller General of the United States, and issue publicly (including on the Web site of the Office of Personnel Management), a report that-- (A) for each agency, evaluates the timeliness, completeness, and accuracy of information submitted by the agency relating to employees of the agency who are retiring; and (B) indicates-- (i) the total number of applications for retirement benefits, lump sum death benefits, court ordered benefits, phased retirement, and disability retirement that are pending action by the Office of Personnel Management; and (ii) the number of months each such application has been pending. (2) Suspension of reporting requirement.--Paragraph (1) shall not apply to the Director of the Office of Personnel Management for any month immediately following a 3-year period in which there are no applications described in paragraph (1)(B) that have been pending for more than 60 days. (c) Modernization Timeline.--The Director of the Office of Personnel Management shall establish-- (1) a timetable for the completion of each component of the retirement systems modernization project of the Office of Personnel Management, including all data elements required for accurate completion of adjudication; and (2) the date by which all Federal payroll processing entities will electronically transmit all personnel data to the Office of Personnel Management. (d) Budget Request.--The Office of Personnel Management shall include a detailed statement regarding the progress of the Office of Personnel Management in completing the retirement systems modernization project of the Office of Personnel Management and recommendations to Congress regarding the additional resources needed to fully implement the retirement systems modernization project of the Office of Personnel Management in each budget request of the Office of Personnel Management submitted as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code. SEC. 6. NO INCREASE IN EXPENDITURES. It is the sense of Congress that no additional funds should be appropriated to carry out this Act.

Government Customer Service Improvement Act of 2013 - Requires the Director of the Office of Management and Budget (OMB) to develop government-wide standards for customer service delivery, which shall be included in the Federal Government Performance Plan. Requires such standards to include: (1) government-wide goals for continuous service improvements and efforts to modernize service delivery; and (2) government-wide target response times for telephone calls, electronic mail, mail, benefit processing, and payments. Directs: (1) the Chief Performance Officer for each executive agency to establish customer service standards in accordance with such government-wide standards, which shall be included in Agency Performance Plans; (2) the Performance Improvement Officer for each agency to collect information from customers of the agency regarding the quality of customer service provided; and (3) the Director to include agency achievements in meeting such standards and customer service performance measures in each required update on agency performance. Requires: (1) the Director to establish a two-year Service Improvement Unit Pilot Program to provide assistance to agencies that do not meet such government-wide standards, and (2) the Administrator of General Services (GSA) to provide administrative and other support to implement such Program. Requires the Director of the Office of Personnel Management (OPM) to: (1) submit to Congress and the Comptroller General (GAO) and issue publicly every month a report on information submitted by each federal agency regarding its employees who are retiring and pending applications for retirement benefits, (2) establish a timetable for completion of OPM's retirement systems modernization project and a deadline by which all federal payroll processing entities will electronically transmit all personnel data to OPM, and (3) include in each annual budget request a statement on OPM's progress in completing such project and resources needed to implement it.

Government Customer Service Improvement Act of 2013

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Telehealth Enhancement Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--MEDICARE PROGRAM Sec. 101. Expansion and improvement of telehealth services. Sec. 102. Increase in number of types of originating sites; clarification. Sec. 103. Facilitating the provision of telehealth services across State lines. Sec. 104. Definition of medicare program. TITLE II--HRSA GRANT PROGRAM Sec. 201. Grant program for the development of telehealth networks. Sec. 202. Reauthorization of telehealth network and telehealth resource centers grant programs. TITLE I--MEDICARE PROGRAM SEC. 101. EXPANSION AND IMPROVEMENT OF TELEHEALTH SERVICES. (a) Expanding Access to Telehealth Services to All Areas.--Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended in paragraph (4)(C)(i) by striking ``and only if such site is located'' and all that follows and inserting ``without regard to the geographic area where the site is located.''. (b) Report to Congress on Store and Forward Technology.-- (1) Study.--The Secretary of Health and Human Services, acting through the Director of the Office for the Advancement of Telehealth, shall conduct a study on the use of store and forward technologies (that provide for the asynchronous transmission of health care information in single or multimedia formats) in the provision of telehealth services for which payment may be made under the medicare program in Alaska and Hawaii and in other States. Such study shall include an assessment of the feasibility, advisability, and the costs of expanding the use of such technologies to other areas for use in the diagnosis and treatment of certain conditions. (2) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subparagraph (A) and shall include in such report such recommendations for legislation or administration action as the Secretary determines appropriate. SEC. 102. INCREASE IN NUMBER OF TYPES OF ORIGINATING SITES; CLARIFICATION. (a) Increase.--Paragraph (4)(C)(ii) of section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended by adding at the end the following new subclauses: ``(VI) A skilled nursing facility (as defined in section 1819(a)). ``(VII) A renal dialysis facility. ``(VIII) A county mental health clinic or other publicly funded mental health facility.''. (b) Clarification of Intent of the Term Originating Site.--Such section is further amended by adding at the end the following new paragraph: ``(5) Construction.--In applying the term `originating site' under this subsection, the Secretary shall apply the term only for the purpose of determining whether a site is eligible to receive a facility fee. Nothing in the application of that term under this subsection shall be construed as affecting the ability of an eligible practitioner to submit claims for telehealth services that are provided to other sites that have telehealth systems and capabilities.''. SEC. 103. FACILITATING THE PROVISION OF TELEHEALTH SERVICES ACROSS STATE LINES. (a) In General.--For purposes of expediting the provision of telehealth services, for which payment is made under the medicare program, across State lines, the Secretary of Health and Human Services shall, in consultation with representatives of States, physicians, health care practitioners, and patient advocates, encourage and facilitate the adoption of provisions allowing for multistate practitioner licensure across State lines. (b) Definitions.--In paragraph (1): (1) Telehealth service.--The term ``telehealth service'' has the meaning given that term in subparagraph (F) of section 1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)). (2) Physician, practitioner.--The terms ``physician'' and ``practitioner'' has the meaning given those terms in subparagraphs (D) and (E), respectively, of such section. SEC. 104. DEFINITION OF MEDICARE PROGRAM. In this title, the term ``medicare program'' means the program of health insurance administered by the Secretary of Health and Human Services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). TITLE II--HRSA GRANT PROGRAM SEC. 201. GRANT PROGRAM FOR THE DEVELOPMENT OF TELEHEALTH NETWORKS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the Office for the Advancement of Telehealth (of the Health Resources and Services Administration), shall make grants to eligible entities (as described in subsection (b)(2)) for the purpose of expanding access to health care services for individuals in rural areas, frontier areas, and urban medically underserved areas through the use of telehealth. (b) Eligible Entities.-- (1) Application.--To be eligible to receive a grant under this section, an eligible entity described in paragraph (2) shall, in consultation with the State office of rural health or other appropriate State entity, prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including the following: (A) A description of the anticipated need for the grant. (B) A description of the activities which the entity intends to carry out using amounts provided under the grant. (C) A plan for continuing the project after Federal support under this section is ended. (D) A description of the manner in which the activities funded under the grant will meet health care needs of underserved rural populations within the State. (E) A description of how the local community or region to be served by the network or proposed network will be involved in the development and ongoing operations of the network. (F) The source and amount of non-Federal funds the entity would pledge for the project. (G) A showing of the long-term viability of the project and evidence of health care provider commitment to the network. The application should demonstrate the manner in which the project will promote the integration of telehealth in the community so as to avoid redundancy of technology and achieve economies of scale. (2) Eligible entities.--An eligible entity described in this paragraph is a hospital or other health care provider in a health care network of community-based health care providers that includes at least two of the organizations described in subparagraph (A) and one of the institutions and entities described in subparagraph (B) if the institution or entity is able to demonstrate use of the network for purposes of education or economic development (as required by the Secretary). (A) The organizations described in this subparagraph are the following: (i) Community or migrant health centers. (ii) Local health departments. (iii) Nonprofit hospitals. (iv) Private practice health professionals, including community and rural health clinics. (v) Other publicly funded health or social services agencies. (vi) Skilled nursing facilities. (vii) County mental health and other publicly funded mental health facilities. (viii) Providers of home health services. (ix) Renal dialysis facilities. (B) The institutions and entities described in this subparagraph are the following: (i) A public school. (ii) A public library. (iii) A university or college. (iv) A local government entity. (v) A local health entity. (vi) A health-related nonprofit foundation. (vii) An academic health center. An eligible entity may include for-profit entities so long as the recipient of the grant is a not-for-profit entity. (c) Preference.--The Secretary shall establish procedures to prioritize financial assistance under this section based upon the following considerations: (1) The applicant is a health care provider in a health care network or a health care provider that proposes to form such a network that furnishes or proposes to furnish services in a medically underserved area, health professional shortage area, or mental health professional shortage area. (2) The applicant is able to demonstrate broad geographic coverage in the rural or medically underserved areas of the State, or States in which the applicant is located. (3) The applicant proposes to use Federal funds to develop plans for, or to establish, telehealth systems that will link rural hospitals and rural health care providers to other hospitals, health care providers, and patients. (4) The applicant will use the amounts provided for a range of health care applications and to promote greater efficiency in the use of health care resources. (5) The applicant is able to demonstrate the long-term viability of projects through cost participation (cash or in- kind). (6) The applicant is able to demonstrate financial, institutional, and community support for the long-term viability of the network. (7) The applicant is able to provide a detailed plan for coordinating system use by eligible entities so that health care services are given a priority over non-clinical uses. (d) Maximum Amount of Assistance to Individual Recipients.--The Secretary shall establish, by regulation, the terms and conditions of the grant and the maximum amount of a grant award to be made available to an individual recipient for each fiscal year under this section. The Secretary shall cause to have published in the Federal Register or the ``HRSA Preview'' notice of the terms and conditions of a grant under this section and the maximum amount of such a grant for a fiscal year. (e) Use of Amounts.--The recipient of a grant under this section may use sums received under such grant for the acquisition of telehealth equipment and modifications or improvements of telecommunications facilities including the following: (1) The development and acquisition through lease or purchase of computer hardware and software, audio and video equipment, computer network equipment, interactive equipment, data terminal equipment, and other facilities and equipment that would further the purposes of this section. (2) The provision of technical assistance and instruction for the development and use of such programming equipment or facilities. (3) The development and acquisition of instructional programming. (4) Demonstration projects for teaching or training medical students, residents, and other health profession students in rural or medically underserved training sites about the application of telehealth. (5) The provision of telenursing services designed to enhance care coordination and promote patient self-management skills. (6) The provision of services designed to promote patient understanding and adherence to national guidelines for common chronic diseases, such as congestive heart failure or diabetes. (7) Transmission costs, maintenance of equipment, and compensation of specialists and referring health care providers, when no other form of reimbursement is available. (8) Development of projects to use telehealth to facilitate collaboration between health care providers. (9) Electronic archival of patient records. (10) Collection and analysis of usage statistics and data that can be used to document the cost-effectiveness of the telehealth services. (11) Such other uses that are consistent with achieving the purposes of this section as approved by the Secretary. (f) Prohibited Uses.--Sums received under a grant under this section may not be used for any of the following: (1) To acquire real property. (2) Expenditures to purchase or lease equipment to the extent the expenditures would exceed more than 40 percent of the total grant funds. (3) To purchase or install transmission equipment off the premises of the telehealth site and any transmission costs not directly related to the grant. (4) For construction, except that such funds may be expended for minor renovations relating to the installation of equipment. (5) Expenditures for indirect costs (as determined by the Secretary) to the extent the expenditures would exceed more than 15 percent of the total grant. (g) Administration.-- (1) Nonduplication.--The Secretary shall ensure that facilities constructed using grants provided under this section do not duplicate adequately established telehealth networks. (2) Coordination with other agencies.--The Secretary shall coordinate, to the extent practicable, with other Federal and State agencies and not-for-profit organizations, operating similar grant programs to pool resources for funding meritorious proposals. (3) Informational efforts.--The Secretary shall establish and implement procedures to carry out outreach activities to advise potential end users located in rural and medically underserved areas of each State about the program authorized by this section. (h) Prompt Implementation.--The Secretary shall take such actions as are necessary to carry out the grant program as expeditiously as possible. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2012. SEC. 202. REAUTHORIZATION OF TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS GRANT PROGRAMS. Subsection (s) of section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) in paragraph (1)-- (A) by striking ``and'' before ``such sums''; and (B) by inserting ``$10,000,000 for fiscal year 2007, and such sums as may be necessary for each of fiscal years 2008 through 2012'' before the semicolon; and (2) in paragraph (2)-- (A) by striking ``and'' before ``such sums''; and (B) by inserting ``$10,000,000 for fiscal year 2007, and such sums as may be necessary for each of fiscal years 2008 through 2012'' before the semicolon.

Medicare Telehealth Enhancement Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act regarding telehealth services (services furnished via a telecommunication system by a physician to an enrolled individual) to: (1) remove current geographic restrictions on the provision of such services; (2) add to the facilities authorized to participate in the telehealth program; and (3) direct the Secretary to encourage and facilitate multistate practitioner licensure across state lines to facilitate the program. Directs the Secretary to make grants for expanding access to health care services for individuals in rural areas, frontier areas, and urban medically underserved areas through the use of telehealth. Amends the Public Health Service Act to reauthorize telehealth network and telehealth resource centers grant programs.

To improve the provision of telehealth services under the Medicare Program, to provide grants for the development of telehealth networks, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Commission on the Abolition of Modern-Day Slavery Act''. SEC. 2. MODERN-DAY SLAVERY. In this Act, the term ``modern-day slavery'' means the status or condition of a person over whom any power attaching to the right of ownership or control is exercised by means of exploitation through involuntary servitude, forced labor, child labor, debt bondage or bonded labor, serfdom, peonage, trafficking in persons for forced labor or for sexual exploitation (including child sex tourism and child pornography), forced marriage, or other similar means. SEC. 3. FINDINGS. Congress makes the following findings: (1) Modern-day slavery takes many forms, including chattel slavery or slavery by descent, and the exploitation occurs in a myriad of situations, including in the agricultural, commercial sex, construction, manufacturing, and service industries, as well as in domestic servitude. (2) The perpetrators of modern-day slavery violate the dignity of men, women, and children, using violence that at times results in death, sexual abuse, rape, torture, dangerous and degrading working conditions, poor nutrition, drug and alcohol addiction, and psychological trauma. (3) According to the Universal Declaration of Human Rights ``No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.''. (4) The United States and the international community have acknowledged that modern-day slavery must be abolished in accordance with the International Covenant on Civil and Political Rights; the Slavery, Servitude, Forced Labour and Similar Institutions and Practices Convention of 1926; the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery; the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography; the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts; the Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour; the Abolition of Forced Labour Convention; and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. (5) The Declaration of Independence recognizes the inherent dignity and worth of all people and states that all people are created equal and are endowed by their Creator with certain unalienable rights. (6) The 13th amendment to the Constitution of the United States recognizes that ``Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.''. (7) The United States has given particular priority to combating trafficking in persons, a form of modern-day slavery, through the enactment of the Trafficking Victims Protection Act of 2000 (division A of Public Law 106-386) and the Trafficking Victims Protection Reauthorization Acts of 2003 and 2005 (Public Laws 108-193 and 109-164). (8) The importation into the United States of goods mined, produced, or manufactured by forced or indentured labor, including forced or indentured child labor, is prohibited under the Tariff Act of 1930. SEC. 4. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a congressional Commission on the Abolition of Modern-Day Slavery (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 12 members, of whom-- (A) 3 shall be appointed by the Speaker of the House of Representatives; (B) 3 shall be appointed by the majority leader of the Senate; (C) 3 shall be appointed by the minority leader of the House of Representatives; and (D) 3 shall be appointed by the minority leader of the Senate. (2) Qualifications.--Members of the Commission shall be individuals with demonstrated expertise or experience in combating modern-day slavery. (3) Date.--The appointments of the members of the Commission shall be made not later than 30 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Co-Chairpersons.--The Speaker of the House of Representatives shall designate 1 of the members appointed under subsection (b)(1)(A) as a co-chairperson of the Commission. The majority leader of the Senate shall designate 1 of the members appointed under subsection (b)(1)(B) as a co-chairperson of the Commission. (e) Initial Meeting.--Not later than 60 days after the date of enactment of this Act, the Commission shall hold its first meeting. (f) Meetings.--The Commission shall meet at the call of either Co- chairperson. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may meet or hold hearings. SEC. 5. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall-- (A) conduct a thorough study of modern-day slavery in all its forms, including the factors contributing to modern-day slavery, such as certain social structures, the failure by authorities to enforce laws prohibiting slavery and prosecuting the perpetrators of slavery, corruption among officials, and the vulnerability of certain populations, such as those in areas of conflict and post conflict, transitioning states, or states undergoing sudden political upheaval, economic collapse, civil unrest, internal armed conflict, chronic unemployment, widespread poverty, or manmade or natural disasters; (B) review programs of relevant governmental agencies with respect to modern-day-slavery, including the Office of the United States Trade Representative, the Department of Commerce, the Department of Defense, the Department of Health and Human Services, the Department of Homeland Security, the Department of Labor, the Department of the Treasury, the United States Agency for International Development, the Department of State, the President's Interagency Task Force to Monitor and Combat Trafficking in Persons, and the Human Smuggling and Trafficking Center; (C) examine efforts undertaken by foreign countries and multilateral organizations to prevent or combat modern-day slavery in all its forms, prosecute the perpetrators or protect its victims, and identify those countries with the most significant number of victims of modern-day slavery; and (D) convene additional experts from relevant nongovernmental organizations as part of the Commission's review. (2) Goals.--Based on its findings under paragraph (1), the Commission shall-- (A) advise the Congress on how the United States could lend support to the efforts to eradicate modern- day slavery in all its forms; (B) provide a comprehensive evaluation of best practices to prevent modern-day slavery in all its forms; (C) provide a comprehensive evaluation of the best practices to rescue and rehabilitate victims of modern- day slavery in all its forms; (D) provide a comprehensive evaluation of the best practices to ensure the prosecution of acts of modern- day slavery and increase accountability within countries that tolerate modern-day slavery; (E) provide a comprehensive evaluation of the effectiveness of United States laws prohibiting the importation of goods manufactured or produced in whole or in part through forced labor or child labor, as well as policies and relations with regard to countries that tolerate modern-day slavery; (F) provide a comprehensive evaluation of comparative models and strategies to prevent modern-day slavery, rescue and rehabilitate victims of modern-day slavery, prosecute offenders, and increase education about modern-day slavery in all its forms; (G) examine the economic impact on communities and countries that demonstrate measured success in fighting modern-day slavery in all its forms; and (H) increase throughout the United States and among high-risk populations education and awareness about modern-day slavery in all its forms. (b) Recommendations.--The Commission shall develop recommendations for legislative and administrative actions necessary for the most effective ways to combat and eliminate modern-day slavery in all its forms, develop international cooperation to combat modern-day slavery and determine the nature of what constitutes appropriate relations with countries that tolerate modern-day slavery in any form. (c) Report.--Not later than 11 months after the date of enactment of this Act, the Commission shall submit to the Speaker and Minority Leader of the House of Representatives and the Majority Leader and Minority Leader of the Senate, a report containing the results of the study and other activities conducted under subsection (a) and the recommendations developed under subsection (b). SEC. 6. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out this Act. (b) Information From Governmental Agencies.--The Commission may secure directly from any department or agency such information as the Commission considers necessary to carry out this Act. Upon request of either co-chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. SEC. 7. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5313 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The co-chairpersons of the Commission, acting jointly, may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The co-chairpersons of the Commission, acting jointly, may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United Sates Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Federal Government employees may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The co- chairpersons of the Commission, acting jointly, may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 8. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 5(c). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission for fiscal year 2007 such sums as may be necessary to carry out this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

Congressional Commission on the Abolition of Modern-Day Slavery Act - Defines "modern-day slavery." Establishes a congressional Commission on the Abolition of Modern-Day Slavery which shall: (1) study matters relating to modern-day slavery; (2) review programs of relevant governmental agencies; (3) examine efforts by foreign countries and multilateral organizations to combat modern-day slavery; and (4) convene additional experts from nongovernmental organizations as part of the Commission's review. States that the Commission shall: (1) advise Congress on how the United States could support efforts to eradicate modern-day slavery; (2) provide a comprehensive evaluation of best practices to prevent modern-day slavery, to rescue and rehabilitate its victims, and to prosecute traffickers and increase accountability within countries; (3) examine the economic impact on communities and countries that demonstrate measured success in fighting modern-day slavery; (4) provide a comprehensive evaluation of the effectiveness of U.S. laws prohibiting the importation of goods produced through forced labor or child labor, as well as policies with regard to countries that tolerate modern-day slavery; and (5) increase education and awareness about modern-day slavery.

To establish a congressional Commission on the Abolition of Modern-Day Slavery.

SECTION 1. SHORT TITLE. This Act may be cited as the ``El Camino Real de Tierra Adentro National Historic Trail Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) El Camino Real de Tierra Adentro (the Royal Road of the Interior), served as the primary route between the colonial Spanish capital of Mexico City and the Spanish provincial capitals at San Juan de Los Caballeros (1598-1600), San Gabriel (1600-1609) and then Santa Fe (1610-1821). (2) The portion of El Camino Real de Tierra Adentro that resided in what is now the United States extended between El Paso, Texas and present San Juan Pueblo, New Mexico, a distance of 404 miles; (3) El Camino Real is a symbol of the cultural interaction between nations and ethnic groups and of the commercial exchange that made possible the development and growth of the borderland; (4) American Indian groups, especially the Pueblo Indians of the Rio Grande, developed trails for trade long before Europeans arrived; (5) In 1598, Juan de Onate led a Spanish military expedition along those trails to establish the northern portion of El Camino Real; (6) During the Mexican National Period and part of the U.S. Territorial Period, El Camino Real de Tierra Adentro facilitated the emigration of people to New Mexico and other areas that would become the United States; (7) The exploration, conquest, colonization, settlement, religious conversion, and military occupation of a large area of the borderlands was made possible by this route, whose historical period extended from 1598 to 1882; (8) American Indians, European emigrants, miners, ranchers, soldiers, and missionaries used El Camino Real during the historic development of the borderlands. These travelers promoted cultural interaction among Spaniards, other Europeans, American Indians, Mexicans, and Americans; (9) El Camino Real fostered the spread of Catholicism, mining, an extensive network of commerce, and ethnic and cultural traditions including music, folklore, medicine, foods, architecture, language, place names, irrigation systems, and Spanish law. SEC. 3. AUTHORIZATION AND ADMINISTRATION. Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended-- (1) by designating the paragraphs relating to the California National Historic Trail, the Pony Express National Historic Trail, and the Selma to Montgomery National Historic Trail as paragraphs (18), (19), and (20), respectively; and (2) by adding at the end the following: ``(21) El camino real de tierra adentro.-- ``(A) El Camino Real de Tierra Adentro (the Royal Road of the Interior) National Historic Trail, a 404 mile long trail from the Rio Grande near El Paso, Texas to San Juan Pueblo, New Mexico, as generally depicted on the maps entitled `United States Route: El Camino Real de Tierra Adentro', contained in the report prepared pursuant to subsection (b) entitled `National Historic Trail Feasibility Study and Environmental Assessment: El Camino Real de Tierra Adentro, Texas-New Mexico', dated March 1997. ``(B) Map.--A map generally depicting the trail shall be on file and available for public inspection in the Office of the National Park Service, Department of Interior. ``(C) Administration.--The trail shall be administered by the Secretary of the Interior. ``(D) Land acquisition.--No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for El Camino Real de Tierra Adentro. ``(E) Volunteer groups; consultation.--The Secretary of the Interior shall-- ``(i) encourage volunteer trail groups to participate in the development and maintenance of the trail; and ``(ii) consult with other affected Federal, State, local governmental, and tribal agencies in the administration of the trail. ``(F) Coordination of activities.--The Secretary of the Interior may coordinate with United States and Mexican public and non-governmental organizations, academic institutions, and, in consultation with the Secretary of State, the Government of Mexico and its political subdivisions, for the purpose of exchanging trail information and research, fostering trail preservation and educational programs, providing technical assistance, and working to establish an international historic trail with complementary preservation and education programs in each nation.''. Passed the House of Representatives September 18, 2000. Attest: JEFF TRANDAHL, Clerk.

Directs the Secretary of the Interior to administer the trail. Directs the Secretary to: (1) encourage volunteer groups to develop and maintain the trail; and (2) consult with affected Federal, State, local governmental, and tribal agencies in its administration. Authorizes the Secretary to coordinate trail activities and programs with the Government of Mexico and Mexican non-governmental organizations and academic institutions.

El Camino Real de Tierra Adentro National Historic Trail Act

SECTION 1. CREDIT FOR CERTAIN HOME PURCHASES. (a) Allowance of Credit.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who is a purchaser of a qualified principal residence during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to so much of the purchase price of the residence as does not exceed $15,000. ``(2) Allocation of credit amount.--The amount of the credit allowed under paragraph (1) shall be equally divided among the 3 taxable years beginning with the taxable year in which the purchase of the qualified principal residence is made. ``(b) Limitations.-- ``(1) Date of purchase.--The credit allowed under subsection (a) shall be allowed only with respect to purchases made-- ``(A) after February 29, 2008, and ``(B) before March 1, 2009. ``(2) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, 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 subpart (other than this section) for the taxable year. ``(3) One-time only.-- ``(A) In general.--If a credit is allowed under this section in the case of any individual (and such individual's spouse, if married) with respect to the purchase of any qualified principal residence, no credit shall be allowed under this section in any taxable year with respect to the purchase of any other qualified principal residence by such individual or a spouse of such individual. ``(B) Joint purchase.--In the case of a purchase of a qualified principal residence by 2 or more unmarried individuals or by 2 married individuals filing separately, no credit shall be allowed under this section if a credit under this section has been allowed to any of such individuals in any taxable year with respect to the purchase of any other qualified principal residence. ``(c) Qualified Principal Residence.-- ``(1) In general.--For purposes of this section, the term `qualified principal residence' means an eligible single-family residence that is purchased to be the principal residence of the purchaser. ``(2) Eligible single-family residence.-- ``(A) In general.--For purposes of this subsection, the term `eligible single-family residence' means a single-family structure that is-- ``(i) a new previously unoccupied residence for which a building permit is issued and construction begins on or before September 1, 2007, ``(ii) an owner-occupied residence with respect to which the owner's acquisition indebtedness (as defined in section 163(h)(3)(B), determined without regard to clause (ii) thereof) is in default on or before March 1, 2008, or ``(iii) a residence with respect to which a foreclosure event has taken place and which is owned by the mortgagor or the mortgagor's agent. ``(B) Certification.--In the case of an eligible single-family residence described in subparagraph (A)(i), no credit shall be allowed under this section unless the purchaser submits a certification by the seller of such residence that such residence meets the requirements of such subparagraph. ``(d) Denial of Double Benefit.--No credit shall be allowed under this section for any purchase for which a credit is allowed under section 1400C. ``(e) Special Rules.-- ``(1) Joint purchase.-- ``(A) Married individuals filing separately.--In the case of 2 married individuals filing separately, subsection (a) shall be applied to each such individual by substituting `$7,500' for `$15,000' in subsection (a)(1). ``(B) Unmarried individuals.--If 2 or more individuals who are not married purchase a qualified principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $15,000. ``(2) Purchase.--In defining the purchase of a qualified principal residence, rules similar to the rules of paragraphs (2) and (3) of section 1400C(e) (as in effect on the date of the enactment of this section) shall apply. ``(3) Reporting requirement.--Rules similar to the rules of section 1400C(f) (as so in effect) shall apply. ``(f) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Credit for certain home purchases.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after February 29, 2008.

Amends the Internal Revenue Code to allow purchasers of a single-family principal residence a one-time tax credit for up to $15,000 of the purchase price. Requires such a residence to be purchased after February 29, 2008, and before March 1, 2009, and that it be: (1) a new previously unoccupied residence for which a building permit has been issued and construction began on or before September 1, 2007; (2) an owner-occupied residence with a mortgage indebtedness in default on or before March 1, 2008; or (3) in foreclosure and owned by the mortgagor or the mortgagor's agent.

To amend the Internal Revenue Code of 1986 to provide a Federal income tax credit for certain home purchases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Comparative Study of Vaccinated and Unvaccinated Populations Act of 2007''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Securing the health of the Nation's children is our most important concern as parents and stewards of the Nation's future. (2) The Nation's vaccine program has greatly reduced human suffering from infectious disease by preventing and reducing the outbreak of vaccine-preventable diseases. (3) Total health outcomes are the best measure of the success of any public health effort, including security from both chronic and infectious disease. (4) Childhood immunizations are an important tool in the pursuit of childhood health. (5) The number of immunizations administered to infants, pregnant women, children, teenagers, and adults has grown dramatically over recent years. (6) The incidence of chronic, unexplained diseases such as autism, learning disabilities, and other neurological disorders appears to have increased dramatically in recent years. (7) Individual vaccines are tested for safety, but little safety testing has been conducted for interaction effects of multiple vaccines. (8) The strategy of aggressive, early childhood immunization against a large number of infectious diseases has never been tested in its entirety against alternative strategies, either for safety or for total health outcomes. (9) Childhood immunizations are the only health interventions that are required by States of all citizens in order to participate in civic society. (10) Public confidence in the management of public health can only be maintained if these State government-mandated, mass vaccination programs-- (A) are tested rigorously and in their entirety against all reasonable safety concerns; and (B) are verified in their entirety to produce superior health outcomes. (11) There are numerous United States populations in which a practice of no vaccination is followed and which therefore provide a natural comparison group for comparing total health outcomes. (12) No comparative study of such health outcomes has ever been conducted. (13) Given rising concern over the high rates of childhood neurodevelopmental disorders such as autism, the need for such studies is becoming urgent. SEC. 3. STUDY ON HEALTH OUTCOMES IN VACCINATED AND UNVACCINATED AMERICAN POPULATIONS. (a) In General.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') , acting through the Director of the National Institutes of Health, shall conduct or support a comprehensive study-- (1) to compare total health outcomes, including risk of autism, in vaccinated populations in the United States with such outcomes in unvaccinated populations in the United States; and (2) to determine whether vaccines or vaccine components play a role in the development of autism spectrum or other neurological conditions. (b) Qualifications.--With respect to each investigator carrying out the study under this section, the Secretary shall ensure that the investigator-- (1) is objective; (2) is qualified to carry out such study, as evidenced by training experiences and demonstrated skill; (3) is not currently employed by any Federal, State, or local public health agency; and (4) is not currently a member of a board, committee, or other entity responsible for formulating immunization policy on behalf of any Federal, State, or local public health agency or any component thereof; (5) has no history of a strong position on the thimerosal controversy; and (6) is not currently an employee of, or otherwise directly or indirectly receiving funds from, a pharmaceutical company. (c) Target Populations.--The Secretary shall seek to include in the study under this section populations in the United States that have traditionally remained unvaccinated for religious or other reasons, such as Old Order Amish, members of clinical practices (such as the Homefirst practice in Chicago) who choose alternative medical practices, and practitioners of anthroposophic lifestyles. (d) Timing.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals to conduct the study required by this section. Not later than 120 days after receipt of any such proposal, the Secretary shall approve or disapprove the proposal. If the Secretary disapproves the proposal, the Secretary shall provide the applicant involved with a written explanation of the reasons for the disapproval.

Comprehensive Comparative Study of Vaccinated and Unvaccinated Populations Act of 2007 - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH) , to conduct a comprehensive study to: (1) compare total health outcomes, including the risk of autism, between vaccinated and unvaccinated U.S. populations; and (2) determine whether vaccines or vaccine components play a role in the development of autism spectrum or other neurological conditions. Requires the Secretary to seek to include in the study U.S. populations that have traditionally remained unvaccinated for religious or other reasons.

To direct the Secretary of Health and Human Services to conduct or support a comprehensive study comparing total health outcomes, including risk of autism, in vaccinated populations in the United States with such outcomes in unvaccinated populations in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Good IRA Rollover Act''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR CHARITABLE PURPOSES. (a) In General.--Subsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to individual retirement accounts) is amended by adding at the end the following new paragraph: ``(8) Distributions for charitable purposes.-- ``(A) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution. ``(B) Qualified charitable distribution.--For purposes of this paragraph, the term `qualified charitable distribution' means any distribution from an individual retirement account-- ``(i) which is made directly by the trustee-- ``(I) to an organization described in section 170(c), or ``(II) to a split-interest entity, and ``(ii) which is made on or after the date that the individual for whose benefit the account is maintained has attained-- ``(I) in the case of any distribution described in clause (i)(I), age 70\1/2\, and ``(II) in the case of any distribution described in clause (i)(II), age 59\1/2\. A distribution shall be treated as a qualified charitable distribution only to the extent that the distribution would be includible in gross income without regard to subparagraph (A) and, in the case of a distribution to a split-interest entity, only if no person holds an income interest in the amounts in the split-interest entity attributable to such distribution other than one or more of the following: the individual for whose benefit such account is maintained, the spouse of such individual, or any organization described in section 170(c). ``(C) Contributions must be otherwise deductible.-- For purposes of this paragraph-- ``(i) Direct contributions.--A distribution to an organization described in section 170(c) shall be treated as a qualified charitable distribution only if a deduction for the entire distribution would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(ii) Split-interest gifts.--A distribution to a split-interest entity shall be treated as a qualified charitable distribution only if a deduction for the entire value of the interest in the distribution for the use of an organization described in section 170(c) would be allowable under section 170 (determined without regard to subsection (b) thereof and this paragraph). ``(D) Application of section 72.--Notwithstanding section 72, in determining the extent to which a distribution is a qualified charitable distribution, the entire amount of the distribution shall be treated as includible in gross income without regard to subparagraph (A) to the extent that such amount does not exceed the aggregate amount which would be so includible if all amounts were distributed from all individual retirement accounts otherwise taken into account in determining the inclusion on such distribution under section 72. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(E) Special rules for split-interest entities.-- ``(i) Charitable remainder trusts.-- Notwithstanding section 664(b), distributions made from a trust described in subparagraph (G)(i) shall be treated as ordinary income in the hands of the beneficiary to whom is paid the annuity described in section 664(d)(1)(A) or the payment described in section 664(d)(2)(A). ``(ii) Pooled income funds.--No amount shall be includible in the gross income of a pooled income fund (as defined in subparagraph (G)(ii)) by reason of a qualified charitable distribution to such fund, and all distributions from the fund which are attributable to qualified charitable distributions shall be treated as ordinary income to the beneficiary. ``(iii) Charitable gift annuities.-- Qualified charitable distributions made for a charitable gift annuity shall not be treated as an investment in the contract. ``(F) Denial of deduction.--Qualified charitable distributions shall not be taken into account in determining the deduction under section 170. ``(G) Split-interest entity defined.--For purposes of this paragraph, the term `split-interest entity' means-- ``(i) a charitable remainder annuity trust or a charitable remainder unitrust (as such terms are defined in section 664(d)) which must be funded exclusively by qualified charitable distributions, ``(ii) a pooled income fund (as defined in section 642(c)(5)), but only if the fund accounts separately for amounts attributable to qualified charitable distributions, and ``(iii) a charitable gift annuity (as defined in section 501(m)(5)).''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2002.

Public Good IRA Rollover Act - Amends the Internal Revenue Code to permit tax-free distributions from an individual retirement account made directly to a qualified charity.

A bill to amend the Internal Revenue Code of 1986 to allow tax-free distributions from individual retirement accounts for charitable purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indentured Servitude Abolition Act of 2005''. SEC. 2. PROTECTIONS FOR WORKERS RECRUITED ABROAD. (a) Basic Requirements.--(1) Each employer and foreign labor contractor who engages in foreign labor contracting activity shall ascertain and disclose to each such worker who is recruited for employment the following information at the time of the worker's recruitment: (A) The place of employment. (B) The compensation for the employment. (C) A description of employment activities. (D) The period of employment. (E) The transportation, housing, and any other employee benefit to be provided and any costs to be charged for each benefit. (F) The existence of any labor organizing effort, strike, lockout, or other labor dispute at the place of employment. (G) The existence of any arrangements with any owner or agent of any establishment in the area of employment under which the contractor or employer is to receive a commission or any other benefit resulting from any sales (including the provision of services) by such establishment to the workers. (H) Whether and the extent to which workers will be compensated through workers' compensation, private insurance, or otherwise for injuries or death, including work related injuries and death, during the period of employment and, if so, the name of the State workers' compensation insurance carrier or the name of the policyholder of the private insurance, the name and the telephone number of each person who must be notified of an injury or death, and the time period within which such notice must be given. (I) Any education or training to be provided or made available, including the nature and cost of such training, who will pay such costs, and whether the training is a condition of employment, continued employment, or future employment. (J) A statement, approved by the Secretary of Labor, describing the protections of this Act for workers recruited abroad. (2) No foreign labor contractor or employer shall knowingly provide false or misleading information to any worker concerning any matter required to be disclosed in paragraph (1). (3) The information required to be disclosed by paragraph (1) to workers shall be provided in written form. Such information shall be provided in English or, as necessary and reasonable, in the language of the worker being recruited. The Department of Labor shall make forms available in English, Spanish, and other languages, as necessary, which may be used in providing workers with information required under this section. (4) No fees may be charged to a worker for recruitment. (5) No employer or foreign labor contractor shall, without justification, violate the terms of any working arrangement made by that contractor or employer. (6) The employer shall pay the transportation costs, including subsistence costs during the period of travel, for the worker from the place of recruitment to the place of employment and from the place of employment to such worker's place of permanent residence. (7)(A) It shall be unlawful for an employer or a foreign labor contractor to fail or refuse to hire or to discharge any individual, or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because such individual's race, color, creed, sex, national origin, religion, age, or disability. (B) For the purposes of determining the existence of unlawful discrimination under subclause (A)-- (i) in the case of a claim of discrimination based on race, color, creed, sex, national origin, or religion, the same legal standards shall apply as are applicable under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); (ii) in the case of a claim of discrimination based on unlawful discrimination based on age, the same legal standards shall apply as are applicable under the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.); and (iii) in the case of a claim of discrimination based on disability, the same legal standards shall apply as are applicable under title I of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.). (b) Other Worker Protections.--(1) Each employer shall notify the Secretary of the identity of any foreign labor contractor involved in any foreign labor contractor activity for or on behalf of the employer. The employer shall be subject to the civil remedies of this Act for violations committed by such foreign labor contractor to the same extent as if the employer had committed the violation. The employer shall notify the Secretary of the identity of such a foreign labor contractor whose activities do not comply with this Act. (2) The Secretary shall maintain a list of all foreign labor contractors whom the Secretary knows or believes have been involved in violations of this Act, and make that list publicly available. The Secretary shall provide a procedure by which an employer, a foreign labor contractor, or someone acting on behalf of such contractor may seek to have a foreign labor contractor's name removed from such list by demonstrating to the Secretary's satisfaction that the foreign labor contractor has not violated this Act in the previous five years. (3) No foreign labor contractor shall violate, without justification, the terms of any written agreements made with an employer pertaining to any contracting activity or worker protection under this Act. (c) Discrimination Prohibited Against Workers Seeking Relief Under This Act.--No person shall intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any worker because such worker has, with just cause, filed any complaint or instituted, or caused to be instituted, any proceeding under or related to this Act, or has testified or is about to testify in any such proceedings, or because of the exercise, with just cause, by such worker on behalf of himself or others of any right or protection afforded by this Act. SEC. 3. ENFORCEMENT PROVISIONS. (a) Criminal Sanctions.--Whoever knowingly violates this Act shall be fined under title 18, United States Code, or imprisoned not more than one year, or both. Upon conviction, after a first conviction under this section, for a second or subsequent violation of this Act, the defendant shall be fined under title 18, United States Code, or imprisoned not more than three years, or both. (b) Administrative Sanctions.--(1)(A) Subject to subparagraph (B), the Secretary may assess a civil money penalty of not more than $5,000 on any person who violates this Act. (B) In determining the amount of any penalty to be assessed under subparagraph (A), the Secretary shall take into account (i) the previous record of the person in terms of compliance with this Act and with comparable requirements of the Fair Labor Standards Act of 1938, and with regulations promulgated under such Acts, and (ii) the gravity of the violation. (2) Any employer who uses the services of a foreign labor contractor who is on the list maintained by the Secretary pursuant to section 2(b)(2), shall, if the actions of such foreign labor contractor have contributed to a violation of this Act by the employer, be fined $10,000 per violation in addition to any other fines or penalties for which the employer may be liable for the violation. (c) Actions by Secretary.--The Secretary may take such actions, including seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with terms and conditions of employment under this Act and with this Act. (d) Waiver of Rights.--Agreements by employees purporting to waive or to modify their rights under this Act shall be void as contrary to public policy. (e) Representation in Court.--Except as provided in section 518(a) of title 28, United States Code, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this Act, but all such litigation shall be subject to the direction and control of the Attorney General. SEC. 4. PROCEDURES IN ADDITION TO OTHER RIGHTS OF EMPLOYEES. The rights and remedies provided to workers by this Act are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of the workers, and are not intended to alter or affect such rights and remedies. SEC. 5. AUTHORITY TO PRESCRIBE REGULATIONS. The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this Act. SEC. 6. DEFINITIONS. (a) In General.--Except as otherwise provided by this Act, for purposes of this Act the terms used in this Act shall have the same meanings, respectively, as are given those terms in section 3 of the Fair Labor Standards Act of 1938. (b) Other Definitions.--As used in this Act: (1) The term ``United States'' means any within any State. (2) The term ``State'' means any State of the United States and includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands of the United States. (3) The term ``foreign labor contractor'' means any person who for any money or other valuable consideration paid or promised to be paid, performs any foreign labor contracting activity. (4) The term ``foreign labor contracting activity'' means recruiting, soliciting, hiring, employing, or furnishing, an individual who resides outside of the United States to be employed in the United States. (5) The term ``Secretary'' means the Secretary of Labor. (6) The term ``worker'' means an individual who is the subject of foreign labor contracting activity.

Indentured Servitude Abolition Act of 2005 - Requires foreign labor contractors (recruiters) and employers to inform foreign workers accurately of specified terms and conditions of their employment at the time they are recruited. Requires such information to be provided in written form in English or, as necessary and reasonable, in the language of the worker being recruited. Prohibits charging fees to workers for recruitment. Requires employers to pay such a worker's transportation costs, including subsistence costs during the period of travel: (1) from the place of recruitment to the place of employment; and (2) from the place of employment to the worker's place of permanent residence. Prohibits discrimination in employment by an employer or a recruiter against an individual because of race, color, creed, sex, national origin, religion, age, or disability. Requires employers to notify the Secretary of Labor of the identity of: (1) any recruiter involved in any foreign labor contractor activity for or on behalf of the employer; and (2) any such recruiter whose activities do not comply with this Act. Subjects employers to the civil remedies of this Act for violations committed by such recruiters to the same extent as if the employers had committed the violations. Prescribes civil and criminal penalties for violations of this Act.

To provide for labor recruiter accountability, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Civilian and Uniformed Services Long-Term Care Insurance Act of 1999''. SEC. 2. LONG-TERM CARE INSURANCE. Subpart G of part III of title 5, United States Code, is amended by adding at the end the following: ``Chapter 90--Long-Term Care Insurance ``Sec. ``9001. Definitions. ``9002. Eligibility to obtain coverage. ``9003. Contracting authority. ``9004. Long-term care benefits. ``9005. Financing. ``9006. Regulations. ``Sec. 9001. Definitions ``For purposes of this chapter: ``(1) Employee.--The term `employee' means-- ``(A) an employee as defined by section 8901(1)(A)- (H); and ``(B) an individual described in section 2105(e). ``(2) Annuitant.--The term `annuitant' has the meaning such term would have under paragraph (3) of section 8901 if, for purposes of such paragraph, the term `employee' were considered to have the meaning given to it under paragraph (1) of this subsection. ``(3) Qualified relative.--The term `qualified relative', as used with respect to a sponsoring individual, means-- ``(A) the spouse of such sponsoring individual; ``(B) a parent or parent-in-law of such sponsoring individual; and ``(C) any other person bearing a relationship to such sponsoring individual specified by the Office in regulations. ``(4) Sponsoring individual.--The term `sponsoring individual' refers to an individual described in paragraph (1), (2), (3), or (4) of section 9002(b). ``(5) Carrier.--The term `carrier' means a voluntary association, corporation, partnership, or other nongovernmental organization which is lawfully engaged in providing, paying for, or reimbursing the cost of, qualified long-term care services under group insurance policies or contracts, or similar group arrangements, in consideration of premiums or other periodic charges payable to the carrier. ``(6) Qualified long-term care services.--The term `qualified long-term care services' has the meaning given such term by section 7702B of the Internal Revenue Code of 1986. ``(7) Office.--The term `Office' means the Office of Personnel Management. ``(8) Appropriate secretary.--The term `appropriate Secretary' means-- ``(A) except as otherwise provided in this paragraph, the Secretary of Defense; ``(B) with respect to the Coast Guard when it is not operating as a service of the Navy, the Secretary of Transportation; ``(C) with respect to the commissioned corps of the National Oceanic and Atmospheric Administration, the Secretary of Commerce; and ``(D) with respect to the commissioned corps of the Public Health Service, the Secretary of Health and Human Services. ``Sec. 9002. Eligibility to obtain coverage ``(a) In General.--Any eligible individual may obtain long-term care insurance coverage under this chapter for himself or herself, in accordance with applicable provisions of this chapter. ``(b) Eligible Individual Defined.--For purposes of this section, the term `eligible individual' means each of the following: ``(1) Employee.--An employee who has completed 6 months of continuous service as an employee under other than a temporary appointment limited to 6 months or less. ``(2) Annuitant.--An annuitant. ``(3) Member of the uniformed services.--A member of the uniformed services on active duty for a period of more than 30 days or full-time National Guard duty (as defined in section 101(d)(5) of title 10) who satisfies such eligibility requirements as the Office prescribes under section 9006(c). ``(4) Retired member of the uniformed services.--A member of the uniformed services entitled to retired or retainer pay (other than under chapter 1223 of title 10) who satisfies such eligibility requirements as the Office prescribes under section 9006(c). ``(5) Qualified relative.--A qualified relative of a sponsoring individual. ``(c) Certification Requirement.--As a condition for obtaining long-term care insurance coverage under this chapter based on one's status as a qualified relative, certification from the applicant's sponsoring individual shall be required as to-- ``(1) such sponsoring individual's status, as described in paragraph (1), (2), (3), or (4) of subsection (b) (as applicable), as of the time of the qualified relative's application for coverage; and ``(2) the existence of the claimed relationship as of that time. Any such certification shall be submitted at such time and in such form and manner as the Office shall by regulation prescribe. ``(d) Disqualifying Condition.--Nothing in this chapter shall be considered to require that long-term care insurance coverage be made available in the case of any individual who would be immediately benefit eligible. ``Sec. 9003. Contracting authority ``(a) In General.--The Office may, without regard to section 3709 of the Revised Statutes or other statute requiring competitive bidding, contract with qualified carriers to provide group long-term care insurance under this chapter, except that the Office may not have contracts in effect under this section with more than 3 qualified carriers as of any given time. ``(b) Qualified Carriers.--To be considered a qualified carrier under this chapter, a company must be licensed to issue group long-term care insurance in all the States and the District of Columbia. ``(c) Terms and Conditions.-- ``(1) In general.--Each contract under this section shall contain a detailed statement of the benefits offered (including any maximums, limitations, exclusions, and other definitions of benefits), the rates charged (including any limitations or other conditions on their subsequent adjustment), and such other terms and conditions as may be mutually agreed to by the Office and the carrier involved, consistent with the requirements of this chapter. ``(2) Rates.--The rates charged under any contract under this section shall reasonably reflect the cost of the benefits provided under such contract. ``(d) Noncancelability.--The benefits and coverage made available to individuals under any contract under this section shall be guaranteed to be renewable and may not be canceled by the carrier except for nonpayment of charges. ``(e) Payment of Required Benefits; Dispute Resolution.--Each contract under this section shall require the carrier to agree-- ``(1) to pay or provide benefits in an individual case if the Office (or a duly designated third-party administrator) finds that the individual involved is entitled thereto under the terms of the contract; and ``(2) to participate in administrative procedures designed to bring about the expeditious resolution of disputes arising under such contract, including, in appropriate circumstances, one or more alternative means of dispute resolution. ``(f) Duration.-- ``(1) In general.--Each contract under this section shall be for a term of 5 years, but may be made automatically renewable from term to term in the absence of notice of termination by either party. However, the rights and responsibilities of the enrolled individual, the insurer, and the Office (or duly designated third-party administrator) under any such contract shall continue until the termination of coverage of the enrolled individual. ``(2) Termination of individual coverage.--Group long-term care insurance coverage obtained by an individual under this chapter shall terminate only upon the occurrence of any of the following: ``(A) Death.--The death of the insured. ``(B) Exhaustion of benefits.--Exhaustion of benefits, as determined under the contract. ``(C) Insolvency.--Insolvency of the insurer, as determined under the contract. ``(D) Cancellation.--Any event justifying a cancellation under subsection (d). ``(3) Preservation of rights and responsibilities.--Each contract under this section shall include such provisions as may be necessary so as, except as provided in paragraph (2)-- ``(A) to effectively preserve all parties' rights and responsibilities under such contract notwithstanding the termination of such contract (whether due to its nonrenewal under the first sentence of paragraph (1) or otherwise); and ``(B) to ensure that, once an individual becomes duly enrolled, long-term care insurance coverage obtained by such individual pursuant to that enrollment shall not be terminated due to any change in status (as described in section 9002(b)), such as separation from Government service or the uniformed services, or ceasing to meet the requirements for being considered a qualified relative (whether due to divorce or otherwise). ``Sec. 9004. Long-term care benefits ``(a) In General.--Benefits under this chapter shall be provided under qualified long-term care insurance contracts, within the meaning of section 7702B of the Internal Revenue Code of 1986. ``(b) Specific Matters To Be Included in All Contracts.--Each contract under section 9003 shall, in addition to any matter otherwise required under this chapter, provide for the following: ``(1) Adequate consumer protections (including through establishment of sufficient reserves or reinsurance). ``(2) Adequate protections in the event of carrier bankruptcy (or other similar event). ``(3) Availability of benefits upon appropriate certification as to an individual's-- ``(A) inability (without substantial assistance from another individual) to perform at least 2 activities of daily living for a period of at least 90 days due to a loss of functional capacity; ``(B) having a level of disability similar (as determined under regulations prescribed by the Secretary of the Treasury in consultation with the Secretary of Health and Human Services) to the level of disability described in subparagraph (A); or ``(C) requiring substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment. ``(4) Choice of cash or service benefits (such as the expense-incurred method or the indemnity method). ``(5) Inflation protection (whether through simple or compounded adjustment of benefits). ``(6) Portability of benefits (consistent with subsections (d) and (f) of section 9003). ``(c) Additional Specific Matters To Be Included in at Least One Contract.--To the maximum extent practicable, as of any given time, at least 1 of the policies being offered under this chapter shall, in addition to any matter otherwise required under this chapter, provide for the following: ``(1) Length-of-benefit options. ``(2) Options relating to the provision of coverage in a variety of settings, including nursing homes, assisted living facilities, and home and community care. ``(3) Options relating to elimination periods. ``(4) Options relating to nonforfeiture benefits. ``(5) Availability of benefits upon appropriate certification of medical necessity (as defined by the Office in consultation with the Secretary of Health and Human Services) not satisfying the requirements of subsection (b)(3). ``(d) Governmentwide Plan.-- ``(1) In general.--The Office shall take all practicable measures to ensure that, of the long-term care benefits plans available under this chapter as of any given time, at least one of them shall be a Governmentwide long-term care benefits plan. ``(2) Definition.--For purposes of this subsection, the term `long-term care benefits plan' means a group insurance policy or contract, or similar group arrangement, provided by a carrier for the purpose of providing, paying for, or reimbursing expenses for qualified long-term care services. ``(3) Clarification.--Neither subsection (c)(5) nor the exception set forth in the parenthetical matter under subsection (e) shall apply with respect to any Governmentwide plan under this subsection. ``(e) Coordination With Internal Revenue Code of 1986.--Nothing in this chapter shall be considered to permit or require the inclusion, in any contract, of provisions inconsistent with section 7702B or any other provision of the Internal Revenue Code of 1986 (except to the extent necessary to carry out subsection (c)(5)). ``(f) Coordination With State Requirements.--If a State (or the District of Columbia) imposes any requirement which is more stringent than the analogous requirement imposed by subsection (b)(1), the requirement imposed by subsection (b)(1) shall be treated as met if the more stringent requirement of the State (or the District of Columbia) is met. ``(g) Definitions.--For purposes of this section: ``(1) Activities of daily living.--Each of the following is an activity of daily living: ``(A) Eating. ``(B) Toileting. ``(C) Transferring. ``(D) Bathing. ``(E) Dressing. ``(F) Continence. ``(2) Nursing home.--The term `nursing home' has the meaning given such term by section 1908 of the Social Security Act. ``(3) Assisted living facility.--The term `assisted living facility' has the meaning given such term by section 232 of the National Housing Act. ``(4) Home and community care.--The term `home and community care' has the meaning given such term by section 1929 of the Social Security Act. ``Sec. 9005. Financing ``(a) No Government Contribution.--Except as provided in subsection (b)(2), each individual having long-term care insurance coverage under this chapter shall be responsible for 100 percent of the charges for such coverage. ``(b) Withholdings.-- ``(1) In general.--The amount necessary to pay the charges for enrollment shall-- ``(A) in the case of an employee, be withheld from the pay of such employee; ``(B) in the case of an annuitant, be withheld from the annuity of such annuitant; ``(C) in the case of a member of the uniformed services described in section 9002(b)(3), be withheld from the basic pay of such member; and ``(D) in the case of a member of the uniformed services described in section 9002(b)(4), be withheld from the retired pay or retainer pay payable to such member. ``(2) Voluntary withholdings for qualified relatives.-- Withholdings to pay the charges for enrollment of a qualified relative may, upon election of the sponsoring individual involved, be withheld under paragraph (1) in the same manner as if enrollment were for such sponsoring individual. ``(3) Direct payments.--All amounts withheld under paragraph (1) or (2) shall be paid directly to the carrier. ``(c) Other Forms of Payment.--Any enrollee whose pay, annuity, or retired or retainer pay (as referred to in subsection (b)(1)) is insufficient to cover the withholding required for enrollment (or who is not receiving any regular amounts from the Government, as referred to in subsection (b)(1), from which any such withholdings may be made) shall pay an amount equal to the shortfall (or, in the case of an enrollee not receiving any regular amounts, the full amount of those charges) directly to the carrier. ``(d) Separate Fund Requirement.--Each carrier participating under this chapter shall maintain all amounts received under this chapter separate and apart from all other funds. ``(e) Reimbursements.--Contracts under this chapter shall include appropriate provisions under which each carrier shall reimburse the Office or other administering entity for the administrative costs incurred by such entity under this chapter (such as for dispute resolution) which are allocable to such carrier. ``Sec. 9006. Regulations ``(a) In General.--The Office shall prescribe regulations necessary to carry out this chapter. ``(b) Enrollment.--The regulations of the Office shall prescribe the time at which and the manner and conditions under which an individual may obtain long-term care insurance under this chapter, except that, under the regulations, an open enrollment period shall be afforded at least once each year (similar to that afforded under section 8905(f)). ``(c) Consultation.--Any regulations necessary to effect the application and operation of this chapter with respect to an eligible individual described in paragraph (3) or (4) of section 9002(b), or a qualified relative thereof, shall be prescribed by the Office in consultation with the appropriate Secretary.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of enactment of this Act, except that no coverage may become effective before the first calendar year beginning after the expiration of the 18-month period beginning on the date of enactment of this Act.

Federal Civilian and Uniformed Services Long-Term Care Insurance Act of 1999 - Amends Federal civil service provisions to establish a program to provide for long-term care insurance for certain Federal employees and annuitants, current and retired members of the uniformed services, and qualified relatives of such individuals. Authorizes the Office of Personnel Management (OPM), without regard to statutes requiring competitive bidding, to contract with up to three qualified carriers to provide group long-term care insurance under this Act. Sets forth contract terms, including a requirement that coverage may not be canceled, except for nonpayment of charges. Provides for five-year, automatically renewable insurance contracts. Describes conditions under which coverage may be terminated. Sets forth required elements of contracts, including portability of benefits. Requires OPM to ensure that at least one of the benefits plans is a Governmentwide plan. Makes insured individuals responsible for 100 percent of the charges of coverage and allows sponsoring individuals to have amounts withheld from pay for coverage for qualified relatives. Provides for an open enrollment period at least annually.

Federal Civilian and Uniformed Services Long-Term Care Insurance Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Federal Lands Management Demonstration Project Act''. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) The Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) established new and expanded units of the National Park System and the National Wildlife Refuge System in many areas of Alaska. The purposes of these conservation system units include protection of habitat for fish and wildlife, conservation of fish and wildlife populations, continued opportunity for subsistence uses by local residents, and protection of archeological sites associated with Alaska Native cultures. (2) Many rural Alaskan communities are in close proximity to conservation system units and the purposes of these conservation system units are uniquely relevant to the culture and ways of Alaska Natives and other residents of rural Alaska communities. Congress recognized this close relationship in sections 1306, 1307, and 1308 of the Alaska National Interest Lands Conservation Act, which directed the Secretary of the Interior to establish programs whereby Alaska Native lands were given preference for the siting of conservation system unit facilities, Alaska Native corporations and local residents were given preference for the provision of visitor services, and local residents were given preference for employment. (b) Purposes.--The purposes of this Act are as follows: (1) To promote innovative management strategies that are designed to lead to greater efficiency in conservation system unit management. (2) To expand Alaska Native contracting opportunities. (3) To increase local employment in Alaska. (4) To further the unique purposes of conservation system units as they relate to subsistence practices, Alaska Native culture, and the conservation of fish and wildlife habitat and populations. SEC. 3. ALASKA FEDERAL LANDS MANAGEMENT DEMONSTRATION PROJECT. (a) In General.--The Secretary shall carry out a program within the Department of the Interior to be known as the ``Alaska Federal Lands Management Demonstration Project'' by which 12 Indian tribes or tribal organizations may contract to perform construction, maintenance, data collection, biological research, and harvest monitoring on conservation system units in Alaska. (b) Participation.--During each of the 2 fiscal years immediately following the date of the enactment of this Act, the Secretary shall select, in a manner to achieve geographic representation within Alaska, not less than 6 eligible Indian tribes or tribal organizations per year to participate in the demonstration project. (c) Eligibility.--To be eligible to participate in the demonstration project, an Indian tribe or tribal organization, shall-- (1) request participation by resolution or other official action of the governing body of the Indian tribe or tribal organization; (2) demonstrate financial and management stability and capability, as evidenced by the Indian tribe or tribal organization having no unresolved significant and material audit exceptions for the previous 3 fiscal years; and (3) demonstrate significant use of or dependency upon the relevant conservation system unit or other public land unit for which programs, functions, services, and activities are requested to be placed under contract. (d) Priority.--If the Secretary receives a request to contract specific conservation system unit programs, services, functions, and activities, or portions thereof, from more than one Indian tribe or tribal organization meeting the criteria set forth in subsection (c), the Secretary shall apply the priority selection criteria applied by the Alaska Region of the Bureau of Indian Affairs for contracting pursuant to the Indian Self-Determination and Education Assistance Act. If, after applying such criteria, more than one eligible Indian tribe or tribal organization remains and such Indian tribes or tribal organizations have overlapping requests to negotiate and contract for the same programs, services, functions, and activities, or portions thereof, the Secretary may require such Indian tribes or tribal organizations to agree regarding which Indian tribe or tribal organization shall have the ability to contract or to submit a joint request prior to entering into negotiations. (e) Planning Phase.--Each Indian tribe and tribal organization selected by the Secretary to participate in the demonstration project shall complete a planning phase prior to negotiating and entering into a conservation system unit management contract. The planning phase shall be conducted to the satisfaction of the Secretary, Indian tribe, or tribal organization, and shall include-- (1) legal and budgetary research; and (2) internal tribal planning and organizational preparation. (f) Contracts.-- (1) In general.--Upon request of a participating Indian tribe or tribal organization that has completed the planning phase pursuant to subsection (e), the Secretary shall negotiate and enter into a contract with the Indian tribe or tribal organization for the Indian tribe or tribal organization to plan, conduct, and administer programs, services, functions, and activities, or portions thereof, as described in subsection (a), requested by the Indian tribe or tribal organization and related to the administration of a conservation system unit that is substantially located within the geographic region of the Indian tribe or tribal organization. (2) Time limitation for negotiation of contracts.--Not later than 90 days after a participating Indian tribe or tribal organization has notified the Secretary that it has completed the planning phase required by subsection (e), the Secretary shall initiate and conclude negotiations, unless an alternative negotiation and implementation schedule is otherwise agreed to by the parties. The declination and appeals provisions of the Indian Self-Determination and Education Assistance Act, including section 110 of such Act, shall apply to contracts and agreements requested and negotiated under this Act. (g) Contract Administration.-- (1) Inclusion of certain terms.--At the request of the contracting Indian tribe or tribal organization, the benefits, privileges, terms, and conditions of agreements entered into pursuant to titles I and IV of the Indian Self-Determination and Education Assistance Act may be included in a contract entered into under this Act. If any provisions of the Indian Self-Determination and Education Assistance Act are incorporated, they shall have the same force and effect as if set out in full in this Act and shall apply notwithstanding any other provision of law. The parties may include such other terms and conditions as are mutually agreed to and not otherwise contrary to law. (2) Audit.--Contracts entered into under this Act shall provide for a single-agency audit report to be filed as required by chapter 75 of title 31, United States Code. (3) Transfer of employees.--Any career Federal employee employed at the time of the transfer of an operation or program to an Indian tribe or tribal organization shall not be separated from Federal service by reason of such transfer. Intergovernmental personnel actions may be used to transfer supervision of such employees to the contracting Indian tribe or tribal organization. Such transferred employees shall be given priority placement for any available position within their respective agency, notwithstanding any priority reemployment lists, directives, rules, regulations, or other orders from the Department of the Interior, the Office of Management and Budget, or other Federal agencies. (h) Available Funding; Payment.--Under the terms of a contract negotiated pursuant to subsection (f), the Secretary shall provide each Indian tribe or tribal organization funds in an amount not less than the Secretary would have otherwise provided for the operation of the requested programs, services, functions, and activities. Contracts entered into under this Act shall provide for advance payments to the tribal organizations in the form of annual or semiannual installments. (i) Timing; Contract Authorization Period.--An Indian tribe or tribal organization selected to participate in the demonstration project shall complete the planning phase required by subsection (e) not later than 1 calendar year after the date that it was selected for participation and may begin implementation of its requested contract no later than the first day of the next fiscal year. The Indian tribe or tribal organization and the Secretary may agree to an alternate implementation schedule. Contracts entered into pursuant to this Act are authorized to remain in effect for 5 consecutive fiscal years, starting from the fiscal year the participating Indian tribe or tribal organization first entered into its contract under this Act. (j) Report.--Not later than 90 days after the close of each of fiscal years 2003 and 2006, the Secretary shall present to the Congress detailed reports, including a narrative, findings, and conclusions on the costs and benefits of this demonstration project. The reports shall identify remaining institutional and legal barriers to the contracting of conservation system unit management to Alaska Native entities and shall contain recommendations for improving, continuing, and expanding the demonstration project. The reports shall be authored jointly with, and shall include the separate views of, all participating Indian tribes and tribal organizations. (k) Limitations.-- (1) Revenue producing visitor services.--Contracts authorized under this Act shall not include revenue-producing visitor services, unless an agreement is reached with the most directly affected Alaska Native corporations to allow such services to be included in the contract. Such contracts shall not otherwise repeal, alter, or otherwise modify section 1307 or 1308 of the Alaska National Interests Lands Conservation Act. (2) Contracts.--Contracts authorized under this Act shall not grant or include any authority to administer or otherwise manage or oversee permits, licenses, or contracts related to sport hunting and fishing guiding activities. (3) Denali national park.--The Denali National Park shall not be subject to any of the provisions of this Act. (4) State's management authority for fish and wildlife.-- Nothing in this Act is intended to enlarge or diminish the responsibility and authority of the State of Alaska for management of fish and wildlife. (l) Planning Grants.-- (1) In general.--Subject to the availability of appropriated funds, upon application the Secretary shall award a planning grant in the amount of $100,000 to any Indian tribe or tribal organization selected for participation in the demonstration project to enable it to plan for the contracting of programs, functions, services, and activities as authorized under this Act and meet the planning phase requirement of subsection (e). An Indian tribe or tribal organization may choose to meet the planning phase requirement without applying for a grant under this subsection. No Indian tribe or tribal organization may receive more than 1 grant under this subsection. (2) Authorization of appropriations.--There is authorized to be appropriated $600,000 for each of the 2 fiscal years immediately following the date of the enactment of this Act to fund planning grants under this section. SEC. 4. KOYUKUK AND KANUTI NATIONAL WILDLIFE REFUGES DEMONSTRATION PROJECT. (a) In General.--The Secretary shall enter into contracts, compacts, or funding agreements under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) with the Koyukuk River Basin Moose Co-Management Team, Inc., upon receipt of authorizing resolutions from its member tribal or village councils, to establish a demonstration project providing programs, functions, services, and activities of the Koyukuk and Kanuti National Wildlife Refuges. (b) Assignment of Employees.--To the maximum extent possible, contracts and compacts under subsection (a) shall provide that the United States Fish and Wildlife Service shall assign employees assigned to the Koyukuk and Kanuti National Wildlife Refuges to the contractor pursuant to the Intergovernmental Personnel Act (5 U.S.C. 3371 et seq.) with all such employees maintained as Federal employees retaining all benefits and status of Federal service. SEC. 5. DEFINITIONS. For the purposes of this Act: (1) Conservation system unit.--The term ``conservation system unit'' shall have the meaning given that term in section 102(4) of the Alaska National Interest Lands Conservation Act. (2) Indian tribe.--The term ``Indian tribe'' shall have the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Tribal organization.--The term ``tribal organization'' shall have the meaning given that term in section 4(l) of the Indian Self-Determination and Education Assistance Act.

Alaska Federal Lands Management Demonstration Project Act - Directs the Secretary of the Interior to conduct an Alaska Federal Lands Management Demonstration Project under which up to 12 Indian tribes or tribal organizations may contract to perform construction, maintenance, data collection, biological research, and harvest monitoring on conservation system units in Alaska.Requires the Secretary to select no fewer than six eligible, geographically representative tribes or tribal organizations per year to participate in the Project.Specifies eligibility requirements and priority selection criteria.Requires selected tribes and tribal organizations to complete a planning phase before contracting with the Secretary to perform specified services or functions related to conservation and allocation actions by regional Federal subsistence advisory councils.Permits the inclusion in a contract, at the tribe or tribal organization's request, of benefits, privileges, terms, and conditions of agreements entered under the Indian Self-Determination and Education Assistance Act.Excludes from authorized contracts: (1) revenue-producing visitor services unless agreed to by the Alaska Native corporations most directly affected; and (2) authority to administer, manage, or oversee permits, licenses, or contracts related to sport hunting and fishing guiding activities. Declares that Denali National Park shall not be subject to this Act.Provides for planning grants, as funds permit.Authorizes appropriations.Directs the Secretary to establish a demonstration project with the Koyukuk River Basin Moose Co-Management Team, Inc., for the provision of services at the Koyukuk and Kanuti National Wildlife Refuges.Authorizes the use of intergovernmental personnel actions to assign Federal employees to the contractor while retaining their Federal employment status.

To expand Alaska Native contracting of Federal land management functions and activities and to promote hiring of Alaska Natives by the Federal Government within the State of Alaska, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``GEAR UP & GO 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. CONTINUUM OF SERVICES. (a) Awards.--Section 404A(b)(2)(B) (20 U.S.C. 1070a-21(b)(2)(B)) is amended by inserting after ``through the completion of secondary school'' the following: ``or through the first year of attendance at a postsecondary education institution''. (b) Cohort Approach.--Section 404B(g)(1)(B) (20 U.S.C. 1070a- 22(g)(1)(B)) is amended by inserting after ``through the 12th grade'' the following ``or through the first year of attendance at a postsecondary education institution to students in the participating grade level''. (c) Early Intervention.-- (1) Uses of funds.--Section 404D(b)(2) (20 U.S.C. 1070a- 24(b)(2)) is amended by inserting after ``through grade 12'' the following: ``or through the first year of attendance at a postsecondary education institution''. (2) Priority students.--Section 404D(c) is amended by inserting after ``through grade 12'' the following ``or through the first year of attendance at a postsecondary education institution''. SEC. 3. CONTINUING ELIGIBILITY. Section 404A (20 U.S.C. 1070a-21) is amended by adding at the end the following new subsection: ``(d) Continuing Eligibility.--An eligible entity shall not cease to be an eligible entity upon the expiration of any grant under this chapter (including a continuation award). The Secretary shall require any such entity seeking a new grant to demonstrate the effectiveness of the prior programs under this chapter in its plan submitted under section 404C.''. SEC. 4. FINANCIAL EDUCATION AND COUNSELING. Section 404D (20 U.S.C. 1070a-24) is amended-- (1) in subsection (a)(1)(B)(i), by inserting before the semicolon at the end the following: ``, and counseling and education regarding financial cost requirements for college''; and (2) in subsection (b)(2)(A)(ii), by striking ``career mentoring'' inserting ``career planning and mentoring, academic counseling, and financial literacy, education, or counseling pertaining to the process of going to college''. SEC. 5. SCHOLARSHIP COMPONENT. Section 404E(b)(2) (20 U.S.C. 1070a-25(b)(2)) is amended by inserting after ``section 401 for such fiscal year'' the following ``, or $5,800, whichever is less''. SEC. 6. DUAL/CONCURRENT ENROLLMENT. (a) Amendment.--Chapter 2 of part A of title IV is amended-- (1) by redesignating section 404G and 404H (20 U.S.C. 1070a-27) as sections 404H and 404I, respectively; and (2) by inserting after section 404F the following: ``SEC. 404G. DUAL/CONCURRENT ENROLLMENT. ``(a) Program Authority.--The Secretary is authorized to carry out a program to be known as `GEAR UP & GO', to provide growing opportunities for dual/concurrent enrollment, which shall be designed to provide low-income high school students participating in GEAR UP partnerships or State programs the opportunity to enroll in college courses while still enrolled in high school. In such program, students shall not be required to apply for admission to the institution of higher education in order to participate, and may receive college credit. ``(b) Student Eligibility.--For the purpose of this chapter, a student shall be eligible if the student is-- ``(1) is enrolled in GEAR UP partnerships or State programs; ``(2) is enrolled 10th, 11th, or 12th grade; and ``(3) has demonstrated academic readiness for college courses as determined by the applying entity. ``(c) Permissible Services.--An entity receiving funding under this chapter may provide services such as-- ``(1) the offering of core nonremedial college courses as determined by the postsecondary institution in which participating students-- ``(A) receive instruction from a postsecondary institution faculty member at the secondary site; ``(B) take courses from a postsecondary institution faculty member on-site at the postsecondary institution; ``(C) receive college level instruction from high school faculty who hold the same credentials as postsecondary faculty; and ``(D) enroll in an early college high school in which students may earn college credit through a coherent course of study leading to a postsecondary degree. ``(2) assistance with the selection of core nonremedial college courses by students; ``(3) tutorial services pertaining to the core nonremedial college courses in which students are enrolled; and ``(4) purchasing books, supplies, and transportation. ``(d) Requirements for Approval of Applications.--In approving applications for GEAR UP & GO under this chapter for any fiscal year, the Secretary shall-- ``(1) award funds under this program on an annual basis and determine the average award; ``(2) take into consideration whether participating students in a dual/concurrent enrollment program will receive college credit; ``(3) require an assurance that an entity applying for funding under this chapter meet the requirements of section 404A(c); and ``(4) not approve a plan unless such a plan-- ``(A) details the criteria used for determining student academic readiness or qualifications for participation in the dual/concurrent enrollment program; and ``(B) specifies the methods by which funds will be spent for carrying out the program. ``(e) Authorization of Appropriations.--In addition to the sums authorized by section 404I, there are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2005 and such sums necessary for each of the 5 succeeding years.''. (b) Conforming Amendments.--Chapter 2 of part A of title IV is further amended by striking ``section 404H'' each place it appears and inserting ``section 404I''. SEC. 7. EVALUATION, REPORT, AND TECHNICAL ASSISTANCE. Section 404H (20 U.S.C. 1070a-27), as redesignated by section 5(1) of this Act, is amended by adding at the end the following new subsection: ``(e) Technical Assistance.--In order to assist current grantees in strengthening partnerships, leveraging resources, and sustaining programs, the Secretary shall award not more than 0.75 percent of the funds appropriated under section 404I for a fiscal year to the national education organization that has served as technical assistance provider for this program.''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 404I (20 U.S.C. 1070a-28), as redesignated by section 5(1) of this Act, is amended to read as follows: ``SEC. 404I. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this chapter $500,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years.''.

GEAR UP & GO Act - Amends the Higher Education Act of 1965 to revise specified requirements for Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) to facilitate the transition of low-income high school students into postsecondary education. Authorizes the Secretary of Education to carry out a GEAR UP & GO program to provide low-income high school students participating in GEAR UP partnerships or State programs opportunities for dual/concurrent enrollment in college courses while still enrolled in high school. Provides that students in such program: (1) shall not be required to apply for admission to the institution of higher education; and (2) may receive college credit.

To amend the Higher Education Act of 1965 by strengthening and expanding the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) in order to facilitate the transition of low-income high school students into post-secondary education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adult Day Center Enhancement Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) One in 6 people in the United States lives with a neurological disease or condition that can often result in disability, and which may require the individual to seek assistance in carrying out the activities of daily living. Neurological diseases or conditions such as multiple sclerosis (MS), early-onset Parkinson's disease, and traumatic brain injury (TBI) can also typically affect younger adults in the middle of their lives. (2) Multiple sclerosis is a chronic, often disabling disease that attacks the central nervous system with symptoms ranging from numbness in limbs to paralysis and loss of vision. Most people with MS are diagnosed between the ages of 20 and 50 years of age. MS is a leading cause of disability in young adults. Persons living with MS who experience more severe forms of the disease are likely to require either home care or nursing home placement, though the vast majority would prefer to remain at home to receive the care they need. Where home care is concerned, approximately 80 percent of such care is provided by unpaid caregivers who are generally family members. (3) Parkinson's disease is a chronic, progressive neurological disease. The four primary symptoms of Parkinson's disease are tremor, or trembling in hands, arms, legs, jaw, and face; rigidity, or stiffness of the limbs and trunk; bradykinesia, or slowness of movement; and postural instability, or impaired balance and coordination. Other symptoms may include cognitive changes; difficulty in swallowing, chewing, and speaking; urinary problems or constipation; skin problems; and sleep disruptions. As these symptoms become more pronounced, patients may have difficulty walking, talking, or completing other simple tasks. It is estimated that nearly 500,000 to 1,500,000 people live with Parkinson's and of those 5 to 10 percent are diagnosed younger than 60 and deemed ``early-onset''. (4) Traumatic brain injury is a neurological condition that typically results from a blow or jolt to the head or a penetrating head injury and that can impact one or more parts of the brain, thereby temporarily or permanently disrupting normal brain function. The Centers for Disease Control and Prevention estimates that 1,700,000 TBIs occur annually, resulting in disabilities affecting up to 90,000 people among a broad range of age groups. Traumatic brain injury is also a serious issue that affects military servicemembers. Estimates in prior military conflicts indicate that TBI was present in 14-20 percent of surviving casualties. (5) Family caregivers are a crucial source of support and assistance for individuals suffering with disabilities. Family caregivers, the majority of whom are women, provide an estimated $470,000,000,000 in ``free'' services annually. The supply of family caregivers is unlikely to keep pace with future demand. The caregiver support ratio of potential caregivers aged 45 to 64 for each person aged 80 and older, for instance, is 7 to 1 in 2010, 4 to 1 in 2030, and 3 to 1 in 2050. (6) The majority of family caregivers (or 53 percent) are caring for someone ages 18 to 74. Forty-seven percent of family caregivers are caring for someone 75 or older. (7) Adult day programs can offer services, including medical care, rehabilitation therapies, dignified assistance with the activities of daily living, nutrition therapy, health monitoring, social interaction, stimulating activities, and transportation to seniors, people with disabilities, and younger adults with chronic diseases. (8) Adult day programs geared toward people living with neurological diseases or conditions such as MS, Parkinson's disease, TBI, or other similar diseases or conditions provide an important response to the needs of people living with these conditions and their family caregivers. Adult day programs can help to ameliorate symptoms, reduce dependency, provide important socialization opportunities, and maintain quality of life. (9) Adult day programs have been shown to provide a range of documented benefits including improvements in functional status, social support, and reductions in fatigue, depression and pain. Adult day programs also reduce ongoing medical care and hospital costs and decrease admissions to nursing home facilities, which can be costly for many families, by allowing individuals to receive health and social services while continuing to live at home. (10) There are currently few adult day programs focused on younger adult populations in the United States. Although young people living with neurological diseases or conditions may be able to access existing adult day programs, such programs are not typically intended for younger adults living with chronic diseases or conditions, and may not provide the appropriate services to meet the age-related or disability status of these individuals. SEC. 3. ESTABLISHMENT OF ADULT DAY PROGRAMS. (a) Survey of Existing Adult Day Programs.-- (1) In general.--Not later than 90 days after the date of the enactment of this section, the Assistant Secretary for Aging shall initiate a comprehensive survey of current adult day programs that provide care and support to individuals including young adults living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or any similar disease or condition. (2) Survey elements.--In carrying out the survey under paragraph (1), the Assistant Secretary for Aging may utilize existing publicly available research on adult day programs, and shall-- (A) identify ongoing successful adult day programs, including by providing a brief description of how such programs were initially established and funded; (B) identify which adult day programs are serving young adults living with neurological diseases or conditions; (C) develop a set of best practices to help guide the establishment and replication of additional successful adult day programs, including-- (i) program guidelines; (ii) recommendations on the scope of services that should be provided to individuals with neurological diseases or conditions including young adults (which may include rehabilitation therapy, psychosocial support, social stimulation and interaction, and spiritual, educational, or other such services); and (iii) performance goals and indicators to measure and analyze the outcomes generated by the services provided and to evaluate the overall success of the program; and (D) evaluate the extent to which the Administration for Community Living supports adult day programs, either directly or indirectly, through current Federal grant programs. (3) Report.--Not later than 180 days after initiating the survey under paragraph (1), the Assistant Secretary for Aging shall produce and make publicly available a summary report on the results of the survey. Such report shall include each of the elements described in paragraph (2). (b) Establishment of Grant Program.-- (1) In general.--Not later than 90 days after producing the report required by subsection (a)(3), the Assistant Secretary for Aging shall establish within the Administration for Community Living a competitive grant program for awarding grants annually to eligible entities, based on the best practices developed under subsection (a), to fund adult day programs serving younger people with neurological diseases or conditions. (2) Eligible entities.--In order to be eligible for a grant under this subsection, an entity shall demonstrate the following: (A) Understanding of the special needs of younger people living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions, including their functional abilities and the potential complications across all types of cases and stages of such diseases or conditions. (B) Understanding of the issues experienced by family caregivers who assist a family member with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions. (C) A capacity to provide the services recommended by the best practices developed under subsection (a). (3) Additional selection requirement.--The Assistant Secretary for Aging shall not award a grant to an entity under this subsection if the amount of the award would constitute more than 40 percent of the operating budget of the entity in the fiscal year for which funds for the grant are authorized to be expended. For purposes of this subsection, the fair market value of annual in-kind contributions of equipment or services shall be considered as part of the operating budget of the entity. (4) Selection of grant recipients.--Not later than 90 days after establishing the grant program under this subsection, the Assistant Secretary for Aging shall award the first annual series of grants under the program. In awarding grants under this subsection, the Assistant Secretary should ensure, to the extent practicable, a diverse geographic representation among grant recipients and that, subject to the availability of appropriations-- (A) a minimum of 5 entities are selected as grant recipients for the first fiscal year for which such grants are awarded; (B) a minimum of 10 entities are selected as grant recipients for the second such fiscal year; (C) a minimum of 12 entities are selected as grant recipients for the third such fiscal year; and (D) a minimum of 15 entities are selected as grant recipients for the fourth such fiscal year. (5) Report.--No later than 1 year after the initial award of grants under this subsection, and annually thereafter, the Assistant Secretary for Aging shall produce and make publicly available a brief summary report on the grant program under this section. Each such report shall include the following: (A) A description of the adult day programs receiving funding under this section, including the amount of Federal funding awarded and the expected outcomes of each program. (B) A description of performance goals and indicators to monitor the progress of grant recipients in-- (i) responding to the needs of younger individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions; and (ii) assisting the family caregivers of such individuals. (C) Any plans for improving oversight and management of the grant program. (c) Definitions.--In this Act: (1) The term ``adult day program'' means a program that provides comprehensive and effective care and support services to individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions that may result in a functional or degenerative disability and to their family caregivers and that may assist participants in ways that-- (A) maintain or improve their functional abilities, or otherwise help them adjust to their changing functional abilities; (B) prevent the onset of complications associated with severe forms of the disease or condition; (C) promote alternatives to placement in nursing homes; (D) reduce the strain on family caregivers taking care of a family member living with such diseases or conditions; (E) focus on supporting the emotional, social, and intellectual needs of a younger adult population; or (F) address the needs of veterans living with such diseases or conditions. (2) The term ``family caregiver'' means a family member or foster parent who provides unpaid assistance (which may include in-home monitoring, management, supervision, care and treatment, or other similar assistance) to another adult family member with a special need. (d) Authorization of Appropriations.--To carry out this section, in addition to amounts otherwise made available for such purpose, there are authorized to be appropriated, and to remain available until expended, the following: (1) $1,000,000 for fiscal year 2017. (2) $3,000,000 for fiscal year 2018. (3) $6,000,000 for fiscal year 2019. (4) $8,000,000 for fiscal year 2020. (5) $10,000,000 for fiscal year 2021.

Adult Day Center Enhancement Act This bill requires the Administration on Aging (AOA) to initiate a comprehensive survey of current adult day programs that provide care and support to individuals with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, or traumatic brain injury. The AOA must identify ongoing successful adult day programs and which of these serve young adults with neurological conditions and develop best practices to guide the establishment of additional successful adult day programs. The AOA must award grants for adult day programs that serve younger people with neurological conditions. An "adult day program" is defined as a program that provides comprehensive care and support services to individuals with neurological conditions and to their family caregivers and that may assist participants in ways that: maintain or improve their functional abilities or otherwise help them adjust to their changing functional abilities; prevent the onset of complications associated with severe forms of the condition; promote alternatives to placement in nursing homes; reduce the strain on family caregivers of individuals with neurological conditions; focus on supporting the emotional, social, and intellectual needs of a younger adult population; or address the needs of veterans with neurological conditions.

Adult Day Center Enhancement Act