DebateLabKIT/billsum_train · Datasets at Hugging Face

700

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Veterans' Resiliency Act''. SEC. 2. PILOT PROGRAM FOR REPAYMENT OF EDUCATIONAL LOANS FOR CERTAIN PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION. (a) Establishment.--The Secretary of Veterans Affairs shall carry out a pilot program to repay a loan of an individual described in subsection (b) that-- (1) was used by the individual to finance education regarding psychiatric medicine, including education leading to an undergraduate degree and education leading to the degree of doctor of medicine or of doctor of osteopathy; and (2) was obtained from a governmental entity, private financial institution, school, or other authorized entity, as determined by the Secretary. (b) Eligible Individuals.--To be eligible to obtain a loan repayment under this section, an individual shall-- (1) either-- (A) be licensed or eligible for licensure to practice psychiatric medicine in the Veterans Health Administration of the Department of Veterans Affairs; or (B) be enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (2) as determined appropriate by the Secretary, demonstrate a commitment to a long-term career as a psychiatrist in the Veterans Health Administration, including by requiring a set number of years of obligated service. (c) Selection.--The Secretary shall select not less than 10 individuals described in subsection (b) to participate in the pilot program for each year in which the Secretary carries out the pilot program. (d) Loan Repayments.-- (1) Amounts.--Subject to the limits established by paragraph (2), a loan repayment under this section may consist of payment of the principal, interest, and related expenses of a loan obtained by an individual described in subsection (b) for all educational expenses (including tuition, fees, books, and laboratory expenses) relating to a degree described in subsection (a)(1). (2) Limit.--For each year of obligated service that an individual agrees to serve in an agreement described in subsection (b)(2), the Secretary may pay not more than $60,000 on behalf of the individual. (e) Breach.-- (1) Liability.--An individual who participates in the pilot program under subsection (a) who fails to satisfy the commitment described in subsection (b)(2) shall be liable to the United States, in lieu of any service obligation arising from such participation, for the amount which has been paid or is payable to or on behalf of the individual under the program, reduced by the proportion that the number of days served for completion of the service obligation bears to the total number of days in the period of obligated service of the individual. (2) Repayment period.--Any amount of damages which the United States is entitled to recover under this subsection shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement. (f) Prohibition on Simultaneous Eligibility.--An individual who is participating in any other program of the Federal Government that repays the educational loans of the individual may not participate in the pilot program under subsection (a). (g) Report.--Not later than 90 days after the date on which the pilot program terminates under subsection (g), the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the pilot program. The report shall include the overall effect of the pilot program on the psychiatric workforce shortage of the Veterans Health Administration, the long-term stability of such workforce, and overall workforce strategies of the Veterans Health Administration that seek to promote the physical and mental resiliency of all veterans. (h) Regulations.--The Secretary shall prescribe regulations to carry out this section, including standards for qualified loans and authorized payees and other terms and conditions for the making of loan repayments. (i) Termination.--The authority to carry out the pilot program shall expire on the date that is three years after the date on which the Secretary commences the pilot program. SEC. 3. COMPTROLLER GENERAL STUDY ON PAY DISPARITIES OF PSYCHIATRISTS OF VETERANS HEALTH ADMINISTRATION. (a) Study.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study of pay disparities among psychiatrists of the Veterans Health Administration of the Department of Veterans Affairs. The study shall include-- (1) an examination of laws, regulations, practices, and policies, including salary flexibilities, that contribute to such disparities; and (2) recommendations with respect to legislative or regulatory actions to improve equity in pay among such psychiatrists. (b) Report.--Not later than one year after the date on which the Comptroller General completes the study under subsection (a), the Comptroller General shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report containing the results of the study.

Ensuring Veterans' Resiliency Act - Directs the Secretary of Veterans Affairs to carry out a three-year pilot program to repay loans used to finance education regarding psychiatric medicine that are obtained from a governmental entity, private financial institution, school, or other authorized entity. Requires an individual, to be eligible to obtain such a loan repayment, to: (1) be either licensed (or eligible for licensure) to practice psychiatric medicine in the Veterans Health Administration (VHA) of the Department of Veterans Affairs (VA) or enrolled in the final year of a residency program leading to a specialty qualification in psychiatric medicine that is approved by the Accreditation Council for Graduate Medical Education; and (2) demonstrate a commitment to a long-term career as a psychiatrist in the VHA, including through a period of obligated service. Directs the Secretary to select at least 10 individuals to participate in each year of the program. Allows a loan repayment to consist of payment of the principal, interest, and related expenses of such a loan. Prohibits the Secretary from paying more than $60,000 on behalf of the individual for each year of obligated service the individual agrees to serve. Makes an individual who participates in the pilot program who fails to satisfy the service commitment liable for prorated loan repayment. Prohibits an individual who is participating in any other federal program that repays his or her educational loans from participating in the program under this Act. Directs the Comptroller General (GAO) to conduct a study of pay disparities among VHA psychiatrists.

Ensuring Veterans' Resiliency Act

701

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``National Collegiate Athletics Accountability Act'', or the ``NCAA Act''. (b) Findings.--The Congress finds as follows: (1) Nationwide, institutions of higher education receive approximately $150,000,000,000 to $200,000,000,000 in funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) annually, including approximately $20,000,000,000 to $30,000,000,000 in Federal Pell Grants; (2) In fiscal year 2014, institutions of higher education are projected to receive approximately $140,000,000,000 in Federal student aid under title IV of such Act, which accounts for 77 percent of all funding received by these institutions from the Federal Government. (3) Funding under title IV of such Act is used to provide grants, loans, and work-study funds from the Federal Government to eligible students enrolled in institution of higher education, including career schools. (4) Many institutions of higher education participate in voluntary, nonprofit athletic associations and athletic conferences, with the largest such association having over 1,000 member institutions of higher education with more than 430,000 students participating in athletics, and providing approximately $523,000,000 in revenue sharing to such members. (5) Athletic programs at institutions of higher education are some of the largest revenue generators for such institutions nationwide, accounting for approximately $6,100,000,000 in revenue from ticket sales, radio and television receipts, alumni contributions, guarantees, royalties, and association distributions. (6) The Committee on a Sports Medicine of the American Academy of Pediatrics published a classification of sports based on the likelihood of contact, impact, or injury, and determined that-- (A) boxing, field hockey, football, ice hockey, lacrosse, martial arts, rodeo, soccer, and wrestling are contact/collision sports; and (B) baseball, basketball, bicycling, diving, high jump, pole vault, gymnastics, horseback riding, ice skating, roller skating, cross-country skiing, downhill skiing, water skiing, softball, squash, handball, and volleyball are limited-contact/impact sports. SEC. 2. PROGRAM PARTICIPATION AGREEMENTS. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following: ``(30) In the case of an institution that has an intercollegiate athletic program, the institution will not be a member of a nonprofit athletic association unless such association-- ``(A) requires annual baseline concussion testing of each student athlete on the active roster of each team participating in a contact/collision sport or a limited-contact/impact sport (based on the most recent classification of sports published by the Committee on Sports Medicine of the American Academy of Pediatrics) before such student athlete may participate in any contact drills or activities; ``(B) prior to enforcing any remedy for an alleged infraction or violation of the policies of such association-- ``(i) provides institutions and student athletes with the opportunity for a formal administrative hearing, not less than one appeal, and any other due process procedure the Secretary determines by regulation to be necessary; and ``(ii) hold in abeyance any such remedy until all appeals have been exhausted or until the deadline to appeal has passed, whichever is sooner; ``(C) with respect to institutions attended by students receiving athletically related student aid (as defined in section 485(e)), requires any such athletically related student aid provided to student athletes who play a contact/collision sport (based on the most recent classification of sports published by the Committee on Sports Medicine of the American Academy of Pediatrics) to be-- ``(i) guaranteed for the duration of the student athlete's attendance at the institution, up to 4 years; and ``(ii) irrevocable for reasons related to athletic skill or injury of the student athlete; and ``(D) does not have in place a policy that prohibits institutions from paying stipends to student athletes.''. SEC. 3. APPLICATION OF TITLE IX OF THE EDUCATION AMENDMENTS OF 1972. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) shall not apply with respect to any activity carried out by an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) to comply with a nonprofit athletic association membership requirement that is described in paragraph (30)(C) of section 487(a) of such Act of 1965 (20 U.S.C. 1092(a)), as amended by section 2 of this Act.

National Collegiate Athletics Accountability Act or the NCAA Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require schools that have an intercollegiate athletic program and are participating in title IV programs to abstain from membership in a nonprofit athletic association unless the association: requires annual baseline concussion testing of student athletes on the active roster of teams participating in contact/collision or limited-contact/impact sports before they participate in any contact drills or activities; holds remedies for violations of its policies in abeyance until the schools and student athletes subject to those remedies have been afforded certain due process procedures; requires athletically-related student aid provided to student athletes who play contact/collision sports to be guaranteed for the duration of their attendance at the school, up to four years, and irrevocable for reasons related to skill or injury; and does not prevent schools from paying stipends to student athletes. Makes title IX of the Education Amendments of 1972 inapplicable to any activity carried out by an institution of higher education to guarantee the continuance of student aid for student athletes in compliance with such membership requirements. (Title IX prohibits discrimination on the basis of sex or visual impairment under any education program that receives federal funds.)

NCAA Act

702

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurse Loan Forgiveness Act of 2006''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to 2005 statistics from the American Hospital Association, 118,000 nurses are needed to fill vacancies at our nation's hospitals, and more than 75 percent of all hospital personnel vacancies are for nurses. (2) According to a study by the Department of Health and Human Services in 2002, the United States will experience a 29 percent shortage in the number of nurses needed in the United States health care system by the year 2020, which translates into a shortage of more than 400,000 registered nurses nationwide. (3) Research indicates that there is a great need for health care services, especially hospitals and prescription drugs, but there continues to be a 28 percent decrease in national licensure examination for all entry-level registered nurses. (4) The Department of Labor projects a 29 percent increase in the need for nurses nationwide from 2004 to 2014, compared with a 13 percent increase for all other occupations. (5) The General Accounting Office estimates that 40 percent of all registered nurses will be older than age 50 by the year 2010. (6) Of those registered nurses in 2004, an estimated 16 percent have chosen to not practice in the field. SEC. 3. LOAN FORGIVENESS PROGRAM ESTABLISHED. Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR NURSES. ``(a) Purposes.--The purposes of this section are-- ``(1) to encourage individuals to enter and continue in the nursing profession; and ``(2) to reward such individuals for their service in the nursing profession by reducing the burden of student debt. ``(b) Loan Forgiveness.-- ``(1) Loan forgiveness authorized.--The Secretary is authorized to forgive, in accordance with this section, the student loan debt of an eligible borrower in the amount specified in subsection (d) for each of the first 5 complete years of service described in subsection (c)(1) by such eligible borrower that occur after the date of enactment of this section. ``(2) Method of loan forgiveness.--To provide the loan forgiveness authorized in paragraph (1), the Secretary is authorized to carry out a program-- ``(A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made under this part; and ``(B) to cancel a qualified loan amount for a loan made under part D of this title. ``(3) Limitation on consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this section only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for an eligible borrower, as determined in accordance with regulations prescribed by the Secretary. ``(c) Eligible Borrower.--The Secretary is authorized to provide loan forgiveness under this section to any individual who-- ``(1) has been employed for at least one calendar year as a full-time registered nurse in a health care facility or a health care setting approved by the Secretary of Health and Human Services for the purposes of this section; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Loan Forgiveness Amounts.--The Secretary may, from funds appropriated under subsection (j), forgive the loan obligation of an eligible borrower in accordance with subsection (b)(2) and in the following increments: ``(1) After the first calendar year of employment described in subsection (c)(1), not more than $2,000. ``(2) After the second such year of employment, not more than $2,500. ``(3) After the third such year of employment, not more than $3,000. ``(4) After the fourth such year of employment, not more than $4,500. ``(5) After the fifth such year of employment, not more than $5,000. ``(e) Application for Loan Forgiveness.--An eligible borrower desiring loan forgiveness under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(f) Priority.--The Secretary shall grant loan forgiveness under this section on a first-come, first-served basis, and subject to the availability of appropriations. ``(g) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(h) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of any loan. ``(i) Prevention of Double Benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2007 and each of the 5 succeeding fiscal years.''.

Nurse Loan Forgiveness Act of 2006 - Amends the Higher Education Act of 1965 (HEA) to include, under HEA student loan forgiveness and cancellation programs, nurses who serve at least one calendar year in an approved health care facility or setting. Limits the maximum amount of such loan repayment by the Secretary of Education to not more than $2,000 after the first year of such a nurse's employment, with incremental increases after the second through fourth years, up to $5,000 after the fifth year of such employment.

To amend the Higher Education Act of 1965 to establish a student loan forgiveness program for nurses.

703

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Chinook Nation Restoration Act''. (b) Findings.--Congress finds the following: (1) The Chinook Nation made a significant contribution to the historic journey of Meriwether Lewis and William Clark to the Pacific Ocean by greeting the expedition and their company as well as trading with them throughout the winter of 1805- 1806. (2) The United States subsequently recognized the Chinook Nation as an Indian tribe in the Anson Dart (Tansy Point) Treaty of 1851, and the Isaac Stevens (Chehalis River) Treaty of 1855, but neither treaty was ratified, resulting in serious harm to the Chinook people. (3) As a result of the failure of the United States to protect the Chinook Nation and people, the Chinooks lost their historic lands on the Columbia River, and a great number of them succumbed to poverty and disease in the 19th century. (4) It was the intent of Congress in the Act of March 4, 1911 (36 Stat. 1345), to provide restitution to the Chinook people in the form of allotments of land on existing Indian reservations, which the Supreme Court of the United States upheld in Halbert v. United States (283 U.S. 753 (1931)). (5) Congress named four of the five tribes of the Chinook Nation, the Lower Chinook, Wahkiakum, Cathlamet, and Clatsop, in the Western Oregon Termination Act of 1954, and this Act is the only basis for termination of the Federal relationship with the Tribe. (6) The Chinook Nation has remained active on the Lower Columbia River and Willapa Bay in the vicinity of the reservation area of the Tansy Point Treaty and is well-known to neighboring tribes and other communities. (7) The Chinook people have survived and maintained their language, Chinookwawa, and culture despite decades of neglect by the United States. (8) With different Administrations disagreeing about the legal status of the Chinook Nation, it is time for Congress to restore the Chinook Nation to Federal tribal status. SEC. 2. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Member.--The term ``member'' means an enrolled member of the Chinook Nation as of the date of enactment of this Act, or an individual who has been placed on the membership role in accordance with this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tribe.--The term ``Tribe'' means the Chinook Indian Nation, composed of the Lower Chinook, Wahkiakum, Cathlamet, Clatsop, and Willapa Tribes. (4) State.--The term ``State'' means the State of Washington. (5) State territorial waters.--The term ``State territorial waters'' means all waters within the territorial limits of the State of Washington. SEC. 3. FEDERAL RECOGNITION. Federal recognition is hereby extended to the Chinook Indian Nation. Except as otherwise provided in this Act, all laws and regulations of the United States of general application to Indians, and nations, tribes, or bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.), that are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. SEC. 4. FEDERAL SERVICES AND BENEFITS. (a) In General.--The Tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all services and benefits provided by the Federal Government to federally recognized tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian reservation. (b) Service Area.--For purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall consist of Pacific, Wahkiakum, Cowlitz, and Clark Counties, Washington, and Clatsop and Columbia Counties, Oregon. (c) Civil Jurisdiction.--Upon approval of the constitution and bylaws pursuant to section 6 of this Act, the Nation shall exercise jurisdiction over all its members who reside within the service area located in the State in matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.) as if the members were residing upon a reservation as defined in that Act. SEC. 5. MEMBERSHIP. Not later than 9 months after the date of the enactment of this Act, the Tribe shall submit to the Secretary a membership roll consisting of all individuals enrolled in the Tribe. SEC. 6. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 1 year after the date of the enactment of this Act, the Tribe shall conduct, by secret ballot, an election to adopt a constitution and bylaws for the Tribe. (2) Interim governing documents.--Until such time as a new constitution is adopted under this section, the governing documents in effect on the date of the enactment of the Act shall be the interim governing documents for the Tribe most recently submitted to the Department of the Interior. (b) Officials.--Not later than 6 months after the Tribe adopts a constitution and bylaws pursuant to this section, the Tribe shall elect a governing body in accordance with the procedures set forth in its constitution and bylaws. Until such time as a new governing body is elected, the governing body of the Tribe shall be the governing body selected under the election procedures specified in the interim governing documents of the Tribe. SEC. 7. LAND IN TRUST. (a) Requirement To Take Land in Trust.--If the Tribe transfers all right, title, and interest in and to any land to the Secretary, the Secretary shall take such land in trust for the benefit of the Tribe, subject to subsection (c). This subsection does not limit the authority of the Secretary to take land in trust under the Indian Reorganization Act. (b) Plan for Establishment of Reservation.-- (1) In general.--The Secretary shall-- (A) negotiate with the tribal governing body with respect to establishing a reservation for the Tribe; and (B) not later than two years after the date of enactment of this Act, develop a plan for establishment of a reservation. (2) Consultation with state and local officials required.-- To assure that legitimate State and local interests are not prejudiced by the proposed establishment of the reservation, the Secretary shall notify and consult with all appropriate officials of the State and all owners of land adjacent to lands considered for the proposed reservation in developing any plan under this subsection. The Secretary shall provide complete information on the proposed plan to such officials, including the restrictions imposed by subsection (c). During any consultation by the Secretary under this subsection, the Secretary shall provide such information as the Secretary possesses and request comments and additional information on the following subjects: (A) The size and location of the proposed reservation. (B) The anticipated effect of the establishment of the proposed reservation on State and local expenditures and tax revenues. (C) The extent of any State or local service to the Tribe, the reservation, or members after the establishment of the proposed reservation. (D) The extent of Federal services to be provided in the future to the Tribe, the reservation, or members. (E) The extent of service to be provided in the future by the Tribe to members resident on or off the reservation. (3) Restrictions on plan.--A plan developed pursuant to this subsection shall be in accordance with subsection (c). (4) Submission of plan.-- (A) Submission to congress.--Upon the approval by the tribal governing body of the plan developed pursuant to this subsection (and after consultation with interested parties pursuant to paragraph (2)), the Secretary shall submit the plan to the Clerk of the House of Representatives and the Secretary of the Senate for distribution to the committees of the respective Houses of Congress with jurisdiction over the subject matter. (B) Appendix to plan.--The Secretary shall append to the plan submitted to Congress under this subsection a detailed statement-- (i) describing the manner in which the Secretary notified all interested parties in accordance with this subsection; (ii) naming each individual and official consulted in accordance with this subsection; (iii) summarizing the testimony received by the Secretary pursuant to any such consultation; and (iv) including any written comments or reports submitted to the Secretary by any party named pursuant to clause (ii). (c) Restrictions on Land Taken in Trust.-- (1) Any real property transferred by the Tribe or any member to the Secretary shall be taken and held in the name of the United States for the benefit of the Tribe. (2) The Secretary shall not accept any real property in trust for the benefit of the Tribe that is not located within the political boundaries of Pacific, Wahkiakum, or Cowlitz County, Washington. (3) Any privately owned lands acquired by the Tribe or its members to be taken in trust by the Secretary for the benefit of the Tribe shall be acquired on a willing-seller, willing- buyer basis. (4) No eminent domain authority may be exercised for the purposes of acquiring lands for the benefit of the Tribe. SEC. 8. FISHING, HUNTING, AND TRAPPING RIGHTS NOT RESTORED. (a) In General.--No nonceremonial fishing, hunting, or trapping rights of any nature of the Tribe or of any member of the Tribe, including any indirect or procedural right or advantage over individuals who are not members, are granted or restored under this Act. Ceremonial hunting and fishing rights (not to include whaling) shall be allowed in the area in which the Tribe has historically hunted or fished, in Pacific and Wahkiakum Counties, Washington. (b) Ceremonial Hunting and Fishing.-- (1) Defined.--Ceremonial hunting and fishing includes traditional occasions on which the tribe has traditionally fished, including-- (A) the First Salmon ceremony, which takes place annually on the third Friday of June; (B) the Winter Gathering, which takes place annually on the third Saturday of January; and (C) the funerals of certain tribal members, to be determined in the Tribe's constitution. (2) Time period.--Ceremonial hunting and fishing may take place for up to 3 calendar days during the week preceding the ceremonies referred to in paragraph (1). (c) Permits.--The director of the Washington Department of Fish and Wildlife-- (1) may issue permits to members of the Chinook Nation to take fish for ceremonial purposes; (2) shall establish the areas in which the permits are valid; and (3) shall regulate the times for and manner of taking the fish, and the allocations from which they will be taken. (d) Rules and Regulations.--To assure that ceremonial fishing is consistent with the Tribe's historic customs and traditions, any member of the Tribe who wishes to take part in ceremonial fishing, must do so pursuant to-- (1) any rules or regulations put forth by the Washington Department of Fish and Wildlife with respect to Indian ceremonial fishing; and (2) any rules or regulations put forth by the Washington Department of Fish and Wildlife, or by the Washington Administrative Code, with regard to the commercial and recreational allocations. (e) Allocation.--Fish taken for ceremonial purposes will be drawn from the commercial and recreational allocations as designated by the Washington Department of Fish and Wildlife. (f) No Commercial Rights.--Nothing in this section shall be construed to create a right to fish commercially. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $2,000,000 for fiscal year 2010, $3,000,000 for fiscal year 2011, and $4,000,000 for fiscal year 2012.

Chinook Nation Restoration Act - Extends federal recognition to the Chinook Indian Nation. Makes the Chinook Tribe and its members eligible for all services and benefits provided by the government to federally recognized tribes regardless of the existence of a reservation or the location of residence of any member on or near any Indian reservation. Designates specified counties in Washington and Oregon as the Tribe's service area for delivery of federal services to enrolled members. Requires the Tribe to: (1) submit to the Secretary of the Interior a membership roll; and (2) conduct, by secret ballot, an election to adopt a constitution and bylaws. Directs the Secretary: (1) if the Tribe transfers all rights to land to the Secretary, to take such land in trust for the Tribe's benefit, subject to restrictions; (2) to negotiate with the tribal governing body regarding establishing a reservation; and (3) to develop a plan for doing so. Requires the Secretary to: (1) notify and consult with all appropriate state officials and owners of land adjacent to those considered for the proposed reservation; and (2) provide complete information on the proposed plan to such officials. Requires submission of the plan to Congress upon approval by the tribal governing body. Requires any real property transferred by the Tribe or any member to the Secretary to be held in the name of the United States for the Tribe's benefit. Prohibits the exercise of eminent domain for purposes of acquiring lands for the Tribe's benefit. Allows and regulates ceremonial hunting and fishing in specified Washington counties.

To restore Federal recognition to the Chinook Nation, and for other purposes.

704

SECTION 1. PROHIBITION ON ACCRUAL OF PAY AND ALLOWANCES BY MEMBERS OF THE ARMED FORCES WHO ARE CONFINED PENDING DISHONORABLE DISCHARGE. (a) Revision of Prohibition.-- (1) In general.--Section 804 of title 37, United States Code, is amended to read as follows: ``Sec. 804. Prohibition on accrual of pay and allowances during confinement pending dishonorable discharge ``(a) Pay and Allowances Not To Accrue.--A member of the Armed Forces sentenced by a court-martial to a dishonorable discharge is not entitled to pay and allowances for any period during which the member is in confinement after the adjournment of the court-martial that adjudged the sentence. ``(b) Restoration of Entitlement.--If a sentence of a member of the Armed Forces to dishonorable discharge is disapproved, mitigated, changed, or set aside by an official authorized to do so, the prohibition in subsection (a) shall cease to apply to the member on the basis of that sentence. In such cases, the member shall be entitled to receive the pay and allowances retroactive to the date of the sentence.''. (2) Clerical amendment.--The item relating to section 804 in the table of sections at the beginning of chapter 15 of title 37, United States Code, is amended to read as follows: ``804. Prohibition on accrual of pay and allowances during confinement pending dishonorable discharge.''. (b) Prospective Applicability.--The amendment made by subsection (a)(1) shall not apply to pay periods beginning before the date of enactment of this Act. SEC. 2. CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES BY PERSONS ACCOMPANYING THE ARMED FORCES. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 211 the following new chapter: ``CHAPTER 212--CRIMINAL OFFENSES COMMITTED OUTSIDE THE UNITED STATES ``Sec. ``3261. Criminal offenses committed by persons formerly serving with, or presently employed by or accompanying, the Armed Forces outside the United States. ``3262. Delivery to authorities of foreign countries. ``3263. Regulations. ``3264. Definitions for chapter. ``Sec. 3261. Criminal offenses committed by persons formerly serving with, or presently employed by or accompanying, the Armed Forces outside the United States ``(a) In General.--Whoever, while serving with, employed by, or accompanying the Armed Forces outside of the United States, engages in conduct that would constitute an offense punishable by imprisonment for more than 1 year if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States, shall be guilty of a like offense and subject to a like punishment. ``(b) Concurrent Jurisdiction.--Nothing contained in this chapter deprives courts-martial, military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by courts-martial, military commissions, provost courts, or other military tribunals. ``(c) Action by Foreign Government.--No prosecution may be commenced under this section if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Attorney General of the United States or the Deputy Attorney General of the United States (or a person acting in either such capacity), which function of approval shall not be delegated. ``(d) Arrests.-- ``(1) Law enforcement personnel.--The Secretary of Defense may designate and authorize any person serving in a law enforcement position in the Department of Defense to arrest outside of the United States any person described in subsection (a) if there is probable cause to believe that such person engaged in conduct which constitutes a criminal offense under subsection (a). ``(2) Release to civilian law enforcement.--A person arrested under paragraph (1) shall be released to the custody of civilian law enforcement authorities of the United States for removal to the United States for judicial proceedings in relation to conduct referred to in such paragraph unless-- ``(A) such person is delivered to authorities of a foreign country under section 3262; or ``(B) such person has had charges brought against him or her under chapter 47 of title 10 for such conduct. ``Sec. 3262. Delivery to authorities of foreign countries ``(a) In General.--Any person designated and authorized under section 3261(d) may deliver a person described in section 3261(a) to the appropriate authorities of a foreign country in which the person is alleged to have engaged in conduct described in subsection (a) if-- ``(1) the appropriate authorities of that country request the delivery of the person to such country for trial for such conduct as an offense under the laws of that country; and ``(2) the delivery of such person to that country is authorized by a treaty or other international agreement to which the United States is a party. ``(b) Determination by the Secretary.--The Secretary of Defense shall determine which officials of a foreign country constitute appropriate authorities for purposes of this section. ``Sec. 3263. Regulations ``The Secretary of Defense shall issue regulations governing the apprehension, detention, and removal of persons under this chapter. Such regulations shall be uniform throughout the Department of Defense. ``Sec. 3264. Definitions for chapter ``As used in this chapter-- ``(1) the term `Armed Forces' has the same meaning as in section 101(a)(4) of title 10; ``(2) a person is `employed by the Armed Forces outside of the United States' if the person-- ``(A) is employed as a civilian employee of the Department of Defense, as a Department of Defense contractor, or as an employee of a Department of Defense contractor; ``(B) is present or residing outside of the United States in connection with such employment; and ``(C) is not a national of the host nation; and ``(3) a person is `accompanying the Armed Forces outside of the United States' if the person-- ``(A) is a dependent of a member of the armed forces; ``(B) is a dependent of a civilian employee of the Department of Defense; and ``(C) is residing with the member or civilian employee outside of the United States.''. (b) Clerical Amendment.--The table of chapters at the beginning of part II of title 18, United States Code, is amended by inserting after the item relating to chapter 211 the following: ``212. Criminal Offenses Committed Outside the United States 3261''. SEC. 3. MILITARY JUSTICE ACTIONS. (a) Definition.--For purposes of this section, the term ``Director'' means the Director of the Federal Bureau of Investigation. (b) Records of Military Justice Actions.--At the time that a member of the Armed Forces is discharged from a period of service in the Armed Forces or is released from a period of active duty service in the Armed Forces, the Secretary of the military department having jurisdiction of the armed force of the member shall transmit to the Director a copy of records of any penal actions taken against the member under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), during that period. (c) DNA Analysis.-- (1) Samples required.--Any person who is convicted of a crime of a sexual nature under the Uniform Code of Military Justice shall, prior to military discharge, transmit to the Secretary of the military department having jurisdiction of the armed force of the member, a sample of blood, saliva, or other specimen collected from that person necessary to conduct DNA analysis consistent with established procedures for DNA testing by the Director. (2) Transmission to fbi.--Each sample transmitted under paragraph (1) shall be transmitted by the Secretary described in that paragraph in a timely manner to the Director for inclusion in the Combined DNA Identification System (CODIS) of the Federal Bureau of Investigation.

Revises Federal law regarding pay and allowances of the uniformed services to provide that a member of the U.S. armed forces sentenced by a court-martial to a dishonorable discharge is not entitled to pay and allowances for any period of confinement after the adjournment of the court-martial. Specifies that if such sentence is disapproved, mitigated, changed, or set aside by an authorized official, such prohibition shall cease to apply to the member on the basis of that sentence, and the member shall be entitled to receive pay and allowances retroactive to the date of the sentence. Amends the Federal criminal code to provide that whoever, while serving with, employed by, or accompanying the armed forces outside of the United States, engages in conduct that would constitute an offense punishable by imprisonment for more than one year if such conduct had occurred within the special maritime and territorial jurisdiction of the United States, shall be guilty of a like offense and subject to a like punishment. Sets forth provisions regarding concurrent jurisdiction, action by foreign governments, and arrests. Authorizes the delivery to authorities of foreign countries of persons alleged to have engaged in such conduct under specified circumstances. Directs the Secretary of the military department having jurisdiction of the armed force of a member, at the time such member is discharged or released, to transmit to the Director of the Federal Bureau of Investigation (FBI) a copy of records of any penal actions taken against the member under the Uniform Code of Military Justice. Requires: (1) any person convicted of a crime of a sexual nature under the Code, prior to military discharge, to transmit to such Secretary a sample of blood, saliva, or other specimen collected from that person necessary to conduct DNA analysis; and (2) each sample to be transmitted in a timely manner to the Director for inclusion in the FBI's Combined DNA Identification System.

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

705

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Discriminatory State Taxes for Automobile Renters Act of 2009''. SEC. 2. PURPOSE. The purpose of this Act is to prohibit prospectively, and provide a remedy for tax discrimination by a State or Locality against the rental of motor vehicles. SEC. 3. DEFINITIONS. (a) Assessment and Assessment Jurisdiction.--The term ``assessment'' means valuation for a property tax levied by a taxing district. The term ``assessment jurisdiction'' means a geographical area in a State or Locality used in determining the assessed value of property for ad valorem taxation. (b) Commercial and Industrial Property.--The term ``commercial and industrial property'' means property, other than motor vehicle rental property and land used primarily for agricultural purposes or timber growing, devoted to a commercial or industrial use, and subject to a property tax levy. (c) Discriminatory Tax.--The term ``discriminatory tax'' includes the following: (1) A tax discriminates against the rental of motor vehicles if a State or Locality imposes the tax on, or with respect to-- (A) the rental of motor vehicles but not on, or with respect to, the rental of more than 51 percent of the rentals of other tangible personal property rented within the State or Locality, or (B) the rental of motor vehicles at a tax rate that exceeds the tax rate generally applicable to at least 51 percent of the rentals of other tangible personal property within the same State or Locality. (2) A tax discriminates against the business of renting motor vehicles if a State or Locality imposes the tax on, or with respect to-- (A) the business of renting motor vehicles but not on, or with respect to, the business of more than 51 percent of the other commercial and industrial taxpayers within the State or Locality, on the same tax base as the State or Locality employs with respect to the business of renting motor vehicles, or (B) the business of renting motor vehicles, at a tax rate that exceeds the tax rate generally applicable to the business of more than 51 percent of the other commercial and industrial taxpayers within the State or Local jurisdiction. (3) A tax discriminates against motor vehicle rental property if a State or Locality-- (A) assesses motor vehicle rental property at a value that has a higher ratio to the true market value of the property than the ratio that the assessed value of other commercial and industrial property of the same type in the same assessment jurisdiction has to the true market value of the other commercial and industrial property, (B) levies or collects a tax on an assessment that may not be made under subparagraph (A), or (C) levies or collects an ad valorem property tax on motor vehicle rental property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. (d) Local or Locality.--The terms ``Local'' and ``Locality'' mean a political subdivision of any State, or any governmental entity or person acting on behalf of such Locality, and with the authority to impose, levy or collect taxes. (e) Motor Vehicle.--The term ``motor vehicle'' has the same meaning as in section 13102(16) of title 49 of the United States Code. (f) Other Commercial and Industrial Taxpayers.--The term ``other commercial and industrial taxpayers'' means persons or entities who are engaged in trade or business within a State or Locality and who are subject to some form of taxation by a State or Locality. (g) Rental of Motor Vehicles.--The term ``rental of motor vehicles'' means the rental of a motor vehicle that is given by the owner of the motor vehicle for exclusive use to another for not longer than 180 days for valuable consideration and only includes the rental of motor vehicles with a pre-arranged driver or motor vehicles without a driver, but shall not include taxi cab service as defined by section 13102(20) of title 49 of the United States Code. (h) State.--The term ``State'' means any of the several States, the District of Columbia or any territory or possession of the United States, or any governmental entity or person acting on behalf of such State, and with the authority to impose, levy or collect taxes. (i) Tax.--Except as otherwise specifically provided below, the term ``tax'' means any type of charge required by statute, regulation or agreement to be paid or furnished to a State or Locality, regardless of whether such charge is denominated as a tax, a fee, or any other type of exaction. The term ``tax'' does not include any charge imposed by a State or Locality with respect to a concession agreement at a federally assisted airport (provided the agreement does not violate the revenue diversion provisions of section 40116(d) of title 49 of the United States Code, or the registration, licensing, or inspection of motor vehicles, if the charge is imposed generally with respect to motor vehicles, without regard to whether such vehicles are used in the business of renting motor vehicles within the State or Locality. (j) Tax Base.--The term ``tax base'' means the receipts, income, value, weight, or other measure of a tax to which the rate is applied. The ``tax base'' of a tax imposed on a per unit basis is the unit. (k) Tax Rate Generally Applicable to Other Commercial and Industrial Taxpayers.--The term ``tax rate generally applicable to other commercial and industrial taxpayers'' means the lower of-- (1) the tax rate imposed on the greatest number of other commercial and industrial taxpayers or their customers, or (2) the unweighted average rate at which the tax is imposed. SEC. 4. PROHIBITED ACTS. No State or Locality may levy or collect a discriminatory tax on the rental of motor vehicles, the business of renting motor vehicles, or motor vehicle rental property. SEC. 5. REMEDIES. (a) Jurisdiction.--Notwithstanding any provision of section 1341 of title 28, United States Code, or the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain or terminate any acts in violation of this Act, except that such jurisdiction shall not be exclusive of the jurisdiction which any Federal or State court may have in the absence of this section. (b) 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. (c) Relief.--In granting relief against a tax which is imposed in violation of section 4, the court shall strike the tax in its entirety, unless the court finds the tax-- (1) is the equivalent of a specific tax imposed on at least 51 percent of other commercial and industrial taxpayers, and (2) is not discriminatory in effect. If such tax is discriminatory in effect with respect to tax rate or amount only, the court shall strike only the discriminatory or excessive portion of the tax as determined by the court. Notwithstanding subsection (b) of this section, the burden of proof on the issue of whether a tax is the equivalent of a tax imposed on other commercial and industrial taxpayers shall be on the State or Locality that imposes the tax. (d) Cause of Action.-- (1) An action to enforce the provisions of this Act may be brought only by a person who-- (A) rents motor vehicles to another person, (B) is engaged in the business of renting motor vehicles, (C) owns motor vehicle rental property, or (D) rents a motor vehicle from another person. (2) A person who rents a motor vehicle from another person and is seeking relief under this Act may only bring a cause of action against the State or Locality imposing the discriminatory tax as defined by this Act. SEC. 6. LIMITATIONS. This Act shall not be construed to constitute the consent of Congress to State or Local taxation that would be prohibited in the absence of this Act. SEC. 7. EFFECTIVE DATE. (a) Effective Date.--The provisions of this Act shall become effective on December 2, 2009. (b) Exclusion.--Discriminatory taxes as defined by this Act are not prohibited under this Act if-- (1) State or Local legislative authorization for a discriminatory tax that is in effect as of December 2, 2009, does not lapse, the tax rate does not increase and the tax base for such tax does not change; or (2) a State enacts legislation by December 2, 2009; (A) that specifically authorizes a Locality to impose a discriminatory tax; (B) the Locality imposes the authorized tax within five years from the date the State enacted the authorization for the Local tax; and (C) the tax rate imposed by the Locality is not increased and the tax base for such tax does not change.

End Discriminatory State Taxes for Automobile Renters Act of 2009 - Prohibits states or local governments from levying or collecting a discriminatory tax (generally, a tax or tax assessment that is applicable to the rental of motor vehicles or motor vehicle businesses or property, but not to the majority of other rentals of tangible personal property within a state or locality) on the rental of motor vehicles, motor vehicle rental businesses, or motor vehicle rental property.

To protect consumers from discriminatory State taxes on motor vehicle rentals.

706

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crackdown on Deadbeat Dealers Act of 2003''. SEC. 2. FINDINGS. The Congress finds that-- (1) a small number of licensed firearms dealers account for a large proportion of the firearms traced from crimes; (2) in 1998, 1.2 percent of licensed firearms dealers-- 1,020 of the approximately 83,200 licensed retail firearms dealers and pawnbrokers--accounted for over 57 percent of the crime guns traced to licensed firearms dealers; and (3) in 1998, just over 450 licensed firearms dealers had traced to them 10 or more guns that were used in crimes within 3 years after they sold the guns. SEC. 3. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. SEC. 4. INCREASING PENALTIES ON FIREARMS LICENSEES. Section 924(a)(3) of title 18, United States Code is amended by striking ``one year'' and inserting ``5 years''. SEC. 5. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING. Section 924(a)(3) of title 18, United States Code, is amended by striking the period and inserting ``; but if the violation is in relation to an offense under subsection (a)(6) or (d) of section 922, shall be fined under this title, imprisoned not more than 10 years, or both.''. SEC. 6. SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES FOR VIOLATIONS OF THE GUN CONTROL ACT. Subsections (e) and (f) of section 923 of title 18, United States Code, are amended to read as follows: ``(e) The Attorney General may, after notice and opportunity for hearing, suspend or revoke any license issued under this section, or may subject the licensee to a civil penalty of not more than $10,000 per violation, if the holder of the license has willfully violated any provision of this chapter or any rule or regulation prescribed by the Attorney General under this chapter or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered to be in violation of the requirement to make available such a device). The Attorney General may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who willfully transfers armor piercing ammunition. The Attorney General may at any time compromise, mitigate, or remit the liability with respect to any willful violation of this chapter or any rule or regulation prescribed by the Attorney General under this chapter. The Attorney General's actions under this subsection may be reviewed only as provided in subsection (f). ``(f)(1) Any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive a written notice from the Attorney General stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed. Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation. ``(2) If the Attorney General denies an application for a license, or suspends or revokes a license, or assesses a civil penalty, the Attorney General shall, upon request by the aggrieved party, promptly hold a hearing to review the denial, suspension, revocation, or assessment. In the case of a suspension or revocation of a license, the Attorney General shall, on the request of the holder of the license, stay the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party. ``(3) If after a hearing held under paragraph (2) the Attorney General decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Attorney General shall give notice of the decision to the aggrieved party. The aggrieved party may at any time within 60 days after the date notice is given under this paragraph file a petition with the United States district court for the district in which party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding whether or not such evidence was considered at the hearing held under paragraph (2). If the court decides that the Attorney General was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Attorney General to take such action as may be necessary to comply with the judgment of the court.''. SEC. 7. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY CONVICTION. Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''. SEC. 8. HIRING AND TRAINING OF ADDITIONAL INSPECTORS FOR THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (a) Limitations on Authorization of Appropriations.--For the hiring and training of 500 additional inspectors for the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the Department of Justice, there are authorized to be appropriated-- (1) not more than $100,000,000 for fiscal year 2004; and (2) not more than $55,000,000 for each of fiscal years 2005 through 2008. (b) Availability of Appropriations.--Amounts appropriated under subsection (a) are authorized to remain available until expended.

Crackdown on Deadbeat Dealers Act of 2003 - Amends the Brady Handgun Violence Prevention Act to increase the number of allowed inspections for compliance with record-keeping requirements by firearms dealers to not more than three times (currently, once) during any 12-month period.Increases penalties for: (1) knowingly making false statements or furnishing false or misrepresented identification regarding any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition; or (2) making false entries in, or failing to properly maintain, required firearms records.Authorizes the Attorney General to suspend a firearms dealer's license and to assess a civil penalty of up to $10,000 for firearms violations, including failure to have secure gun storage or safety devices (current penalties are limited to license revocation).Permits any licensed firearms dealer who is indicted for a felony to continue to operate until the date of conviction (currently, until the conviction becomes final).Authorizes appropriations for the hiring and training of 500 additional inspectors for the Department of Justice's Bureau of Alcohol, Tobacco, Firearms, and Explosives.

To ensure greater accountability by licensed firearms dealers.

707

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Women's Lives through International Family Planning Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) International family planning funds provide assistance that saves the lives of women by providing vital reproductive health care, including family planning and maternal health programs which include prenatal, postpartum, HIV/AIDS and other sexually transmitted disease education that results in safe pregnancies and safe motherhood. (2) Each year more than 585,000 women die from complications with pregnancy and childbirth. In addition, each year at least 7,000,000 women suffer serious health problems and as many as 50,000,000 women suffer some adverse health consequences after childbirth, many of which could be prevented with safe motherhood practices used in reproductive health programs. (3) More than 5,800,000 people were infected with HIV/AIDS in 1998. Without funding from international family planning programs for education and prevention, most governments would not have the resources to combat the physical, social, and economic devastation inflicted by this disease. (4) The health of the planet is connected to the health of women and their families. Rapid population growth exacerbates many environmental problems, including air and water pollution, loss of wildlife habitat, fisheries depletion, and climate change--global problems that transcend national boundaries. Family planning programs give women the option to choose the number and spacing of their children, which contributes to slowing global population growth. International family planning improves the ability of families worldwide to manage their lives and their natural resources more sustainably. (5) When families have access to family planning resources and are able to space their children, delay the timing of their first child, and have longer intervals between each child, there is a decrease in the risk of mortality in both women and children. (6) Voluntary family planning services allow women and men to exercise their fundamental human right to plan the size of their families and ensure that every pregnancy is planned and every child is wanted. Data from around the world provides conclusive evidence that increased access to family planning reduces the incidence of abortion. (7) At the International Conference on Population and Development in 1994, it was estimated that making quality family planning and related health services available to all in need of such planning and services would cost $17,000,000,000 in the year 2000. The United States and other donor countries agreed to provide one-third of these funds. Based on the size of its economy, the United States share of the total donor population assistance should be almost $1,900,000,000 for fiscal year 2001. While short of this funding goal, restoring funding for population assistance to fiscal year 1995 levels would be a significant step toward ensuring access to family planning and reproductive health care for couples around the world. (8) With world population exceeding 6,000,000,000 people, international family planning providers and related nongovernmental organizations play a critical role in meeting the physical, social, environmental, and economic needs in their societies and in expanding participation in the democratic process. These organizations should be provided with adequate funding to fully and actively offer the best and most informative care to their citizens without restrictions on free speech. United States assistance to these organizations should be provided under the same terms as to their governments. SEC. 3. INTERNATIONAL ORGANIZATIONS AND PROGRAMS. (a) Funding.--There is authorized to be appropriated, and there is appropriated (out of any money in the Treasury not otherwise appropriated), for fiscal year 2001 $366,000,000 to carry out the provisions of section 301 of the Foreign Assistance Act of 1961 and section 2 of the United Nations Environment Program Participation Act of 1973. (b) Availability of Amounts for UNFPA.--Of the amount appropriated for fiscal year 2001 to carry out the provisions of law described in subsection (a), $35,000,000 shall be made available for the United Nations Population Fund (UNFPA). SEC. 4. POPULATION PLANNING ASSISTANCE. (a) Funding.--There is authorized to be appropriated, and there is appropriated (out of any money in the Treasury not otherwise appropriated), for fiscal year 2001 $541,600,000 for population planning activities and other population assistance under part I of the Foreign Assistance Act of 1961. (b) Eligibility of Nongovernmental and Multilateral Organizations for Population Planning Assistance.--Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``SEC. 130. ELIGIBILITY OF NONGOVERNMENTAL AND MULTILATERAL ORGANIZATIONS FOR POPULATION PLANNING ASSISTANCE. ``In determining eligibility of nongovernmental and multilateral organizations for population planning assistance or other population assistance under this part, the Administrator of the United States Agency for International Development may not apply requirements to such organizations that are more restrictive than requirements applicable to foreign governments for such assistance.''.

Authorizes appropriations for certain population planning activities. Prohibits the Administrator of the United States Agency for International Development, in determining eligibility of nongovernmental and multilateral organizations for population planning assistance or other population assistance under the Foreign Assistance Act of 1961, from applying requirements to such organizations more restrictive than requirements applicable to foreign governments for such assistance.

Saving Women's Lives through International Family Planning Act of 2000

708

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Book on Equal Access to Justice Act''. SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS. (a) Agency Proceedings.--Section 504 of title 5, United States Code, is amended-- (1) in subsection (c)(1), by striking ``, United States Code''; (2) by redesignating subsection (f) as subsection (i); and (3) by striking subsection (e) and inserting the following: ``(e)(1) Not later than March 31 of the first calendar year beginning after the date of enactment of the Open Book on Equal Access to Justice Act, and every year thereafter, the Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall submit to Congress and make publicly available on an Internet Web site a report on the amount of fees and other expenses awarded during the preceding fiscal year under this section. ``(2) Each report under paragraph (1) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. ``(3)(A) Each report under paragraph (1) shall account for all payments of fees and other expenses awarded under this section that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions. ``(B) The disclosure of fees and other expenses required under subparagraph (A) shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement. ``(f) As soon as practicable, and in any event not later than the date on which the first report under subsection (e)(1) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain a searchable database on an Internet Web site containing the following information with respect to each award of fees and other expenses under this section made on or after the date of enactment of the Open Book on Equal Access to Justice Act: ``(1) The case name and number of the adversary adjudication, if available, hyperlinked to the case (if available) in any case in which the party other than the agency is not an individual. ``(2) The name of the agency involved in the adversary adjudication. ``(3) A description of the claims in the adversary adjudication. ``(4) For an award made to an individual, a statement indicating that the award was made to an individual that shall not include any personally identifiable information. ``(5) For an award made to a party other than an individual, the name of the party. ``(6) The amount of the award. ``(7) The basis for the finding that the position of the agency concerned was not substantially justified. ``(g) The searchable database described in subsection (f) may not reveal any information the disclosure of which is prohibited by law or a court order. ``(h) The head of each agency shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of subsections (e), (f), and (g).''. (b) Court Cases.--Section 2412(d) of title 28, United States Code, is amended by adding at the end the following: ``(5)(A) Not later than March 31 of the first calendar year beginning after the date of enactment of the Open Book on Equal Access to Justice Act, and every year thereafter, the Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall submit to Congress and make publicly available on an Internet Web site a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. ``(B) Each report under subparagraph (A) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. ``(C)(i) Each report under subparagraph (A) shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions. ``(ii) The disclosure of fees and other expenses required under clause (i) shall not affect any other information that is subject to a nondisclosure provisions in a settlement agreement. ``(D) As soon as practicable, and in any event not later than the date on which the first report under subsection (e)(1) is required to be submitted, the Chairman of the Administrative Conference of the United States shall include and clearly identify in each annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report-- ``(i) any amounts paid under section 1304 of title 31 for a judgment in the case; ``(ii) the amount of the award of fees and other expenses; and ``(iii) the statute under which the plaintiff filed suit. ``(6) The Chairman of the Administrative Conference of the United States shall create and maintain a searchable database on an Internet Web site containing the following information with respect to each award of fees and other expenses under this subsection: ``(A) The case name and number, hyperlinked to the case (if available) in any case in which the party other than the agency is not an individual. ``(B) The name of the agency involved in the case. ``(C) For an award made to an individual, a statement indicating that the award was made to an individual that shall not include any personally identifiable information. ``(D) For an award made to a party other than an individual, the name of the party. ``(E) The amount of the award. ``(F) The basis for the finding that the position of the agency concerned was not substantially justified. ``(7) The searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or a court order. ``(8) The head of each agency, including the Attorney General and the Director of the Administrative Office of the United States Courts, shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7).''. (c) Technical Amendments.--Section 2412 of title 28, United States Code, is amended-- (1) in subsection (d)(3), by striking ``United States Code,''; and (2) in subsection (e)-- (A) by striking ``of section 2412 of title 28, United States Code,'' and inserting ``of this section''; and (B) by striking ``of such title''.

Open Book on Equal Access to Justice Act - Amends the Equal Access to Justice Act and the federal judicial code to require the Chairman of the Administrative Conference of the United States to submit to Congress and make publicly available on an Internet website an annual report on the amount of fees and other expenses awarded to prevailing parties other than the United States in certain administrative proceedings and civil action court cases (excluding tort cases) to which the United States is a party, including settlement agreements. Requires such reports to describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards. Directs the Chairman to create and maintain a searchable database on an Internet website containing specified information with respect to each award, including: if available, the case name and number of, as well as a hyperlink to, any case in which the party other than the agency is not an individual; the name of the agency involved; for an award to an individual, a statement that excludes any personally identifiable information but indicates that the award was made to an individual; for an award made to a party other than an individual, the name of the party; the amount of the award; and the basis for finding that the position of the agency concerned was not substantially justified. Directs the head of each agency (including, with respect to court cases, the Attorney General [DOJ] and the Director of the Administrative Office of the United States Courts) to provide the Chairman all information requested to produce such reports.

Open Book on Equal Access to Justice Act

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Academic Freedom through Regulatory Relief Act''. SEC. 2. REGULATORY RELIEF. (a) Regulations Repealed.-- (1) Repeal.--The following regulations (including any supplement or revision to such regulations) are repealed and shall have no legal effect: (A) State authorization.--Sections 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, and 668.43(b) of title 34, Code of Federal Regulations (relating to State authorization), as added or amended by the final regulations published by the Department of Education in the Federal Register on October 29, 2010 (75 Fed. Reg. 66832 et seq.). (B) Definition of credit hour.--The definition of the term ``credit hour'' in section 600.2 of title 34, Code of Federal Regulations, as added by the final regulations published by the Department of Education in the Federal Register on October 29, 2010 (75 Fed. Reg. 66946), and clauses (i)(A), (ii), and (iii) of subsection (k)(2) of section 668.8 of such title, as amended by such final regulations (75 Fed. Reg. 66949 et seq.). (C) Gainful employment.--Sections 600.10(c), 600.20(d), 668.6, and 668.7, of title 34, Code of Federal Regulations as added or amended by the final regulations published by the Department of Education in the Federal Register on October 29, 2010 (75 Fed. Reg. 66832 et seq. and 75 Fed. Reg. 66665 et seq.) and June 13, 2011 (76 Fed. Reg. 34386 et seq.). (2) Effect of repeal.--To the extent that regulations repealed by paragraph (1) amended regulations that were in effect on June 30, 2011, the provisions of the regulations that were in effect on June 30, 2011, and were so amended are restored and revived as if the regulations repealed by paragraph (1) had not taken effect. (b) Certain Regulations Prohibited.-- (1) State authorization and gainful employment.-- (A) In general.--The Secretary of Education shall not, during the period described in subparagraph (B), promulgate or enforce any regulation or rule not in effect on the date of enactment of this Act for any purpose under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) with respect to-- (i) the State authorization for institutions of higher education to operate within a State; or (ii) the definition or application of the term ``gainful employment''. (B) Period of prohibition.--The period during which the Secretary is prohibited from promulgating or enforcing a regulation described in subparagraph (A) shall be the period beginning on the date of enactment of this Act and ending on the date of enactment of a law that extends by not less than 2 fiscal years the authorization or duration of one or more programs under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). (2) Credit hour.--The Secretary of Education shall not, on or after the date of enactment of this Act, promulgate or enforce any regulation or rule with respect to the definition of the term ``credit hour'' for any purpose under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 3. THIRD-PARTY SERVICE PROVIDERS. Section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(20)) is amended by adding at the end the following: ``Notwithstanding the preceding sentence, an institution described in section 101 may provide payment, based on the amount of tuition generated by the institution from student enrollment, to a third-party entity that provides a set of services to the institution that includes student recruitment services, regardless of whether the third-party entity is affiliated with an institution that provides educational services other than the institution providing such payment, if-- ``(A) the third-party entity is not affiliated with the institution providing such payment; ``(B) the third-party entity does not make compensation payments to its employees that are prohibited under this paragraph; ``(C) the set of services provided to the institution by the third-party entity include services in addition to student recruitment services, and the institution does not pay the third-party entity solely or separately for student recruitment services provided by the third-party entity; and ``(D) any student recruitment information available to the third-party entity, including personally identifiable information, will not be used by, shared with, or sold to any other person or entity, including any institution that is affiliated with the third-party entity.''.

Supporting Academic Freedom through Regulatory Relief Act - (Sec. 2) Repeals certain Department of Education regulations that for purposes of determining whether a school is eligible to participate in programs under the Higher Education Act of 1965 (HEA): (1) require institutions of higher education (IHEs) and postsecondary vocational institutions (except religious schools) to be legally authorized by the state in which they are situated, (2) delineate what such legal authorization requires of states and schools, (3) impose standards and disclosure requirements on programs that prepare students for gainful employment in a recognized occupation, and (4) define "credit hour." Restores regulations that were in effect on June 30, 2011, but were amended by the regulations that this Act repeals. Prohibits the Secretary of Education from promulgating or enforcing any regulation or rule not in effect on the date of this Act's enactment regarding: (1) the state authorization for IHEs to operate within a state, or (2) the definition or application of the term "gainful employment." Ends that prohibition when a law is enacted that extends by at least two fiscal years the authorization or duration of one or more programs under the HEA. Prohibits the Secretary from promulgating or enforcing any regulation or rule that defines "credit hour" for any purpose under the HEA. (Sec. 3) Amends title IV (Student Assistance) of the HEA to authorize nonprofit IHEs to make payments to third-party entities for services that include student recruitment and are based on the amount of tuition that the IHE generates from student enrollment if the third-party entity: (1) is not affiliated with the IHE, (2) does not provide incentive payments to its employees for their success in enrolling students or securing financial aid for them, (3) is not paid by the IHE solely or separately for student recruitment services, and (4) will not make student recruitment information available to any other person or entity.

Supporting Academic Freedom through Regulatory Relief Act

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Quit Smoking for Life Act of 2008''. SEC. 2. COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE UNDER THE MEDICARE PROGRAM. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (Z), by striking ``and'' at the end; (2) in subparagraph (AA), by adding ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(BB) counseling for cessation of tobacco use (as defined in section 1861(ddd));''. (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is further amended by adding at the end the following new subsection: ``(ddd) Counseling for Cessation of Tobacco Use.--(1) Subject to paragraph (2), the term `counseling for cessation of tobacco use' means diagnostic, therapy, and counseling services for cessation of tobacco use, for individuals who use tobacco products or are being treated for tobacco use, furnished-- ``(A) by or under the supervision of a physician; or ``(B) by any other health care professional who-- ``(i) is legally authorized to furnish such services under State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished; and ``(ii) is authorized to receive payment for other services under this title or is designated by the Secretary for this purpose. ``(2) Such term is limited to-- ``(A) services that are included in the most current clinical practice guidelines on treating tobacco use and dependence issued by the Public Health Service; and ``(B) such other services that the Secretary recognizes to be effective.''. (c) Payment; Elimination of Deductible.-- (1) Payment.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(V)''; and (B) by inserting before the semicolon at the end the following: ``, and (W) with respect to counseling for cessation of tobacco use (as defined in section 1861(ddd)), the amount paid shall be 80 percent of the lesser of the actual charge for the service or the amount determined by a fee schedule established by the Secretary for purposes of this clause''. (2) Elimination of deductible.--The first sentence of section 1833(b) of such Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``and'' before ``(8)''; and (B) by inserting before the period the following: ``, and (9) such deductible shall not apply with respect to counseling for cessation of tobacco use (as defined in section 1861(ddd))''. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1 of the first calendar year that begins at least 6 months after the date of the enactment of this Act. SEC. 3. COVERAGE OF TOBACCO CESSATION PHARMACOTHERAPY UNDER THE MEDICARE PROGRAM. (a) Inclusion of Tobacco Cessation Agents as Covered Drugs.-- Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w- 102(e)(1)) is amended-- (1) in subparagraph (A), by striking ``or'' after the semicolon at the end; (2) in subparagraph (B), by striking the comma at the end and inserting ``; or''; and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) any agent approved by the Food and Drug Administration for purposes of promoting, and when used to promote, tobacco use cessation that may be dispensed without a prescription (commonly referred to as an `over-the-counter' drug), but only if such an agent is prescribed by a physician (or other person authorized to prescribe under State law),''. (b) Establishment of Categories and Classes Consisting of Tobacco Cessation Agents.--Section 1860D-4(b)(3)(C) of the Social Security Act (42 U.S.C. 1395w-104(b)(3)(C)) is amended by adding at the end the following new clause: ``(iv) Categories and classes of tobacco cessation agents.--There shall be a therapeutic category or class of covered part D drugs consisting of agents approved by the Food and Drug Administration for cessation of tobacco use. Such category or class shall include tobacco cessation agents described in subparagraphs (A) and (C) of section 1860D- 2(e)(1).''. SEC. 4. COVERAGE OF COUNSELING AND MEDICATION FOR CESSATION OF TOBACCO USE UNDER THE MEDICAID PROGRAM. (a) Dropping Exception From Medicaid Prescription Drug Coverage for Tobacco Use Cessation Medications.-- (1) In general.--Section 1927(d)(2) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended-- (A) by striking subparagraph (E); (B) by redesignating subparagraph (F) through (K) as subparagraphs (E) through (J), respectively; and (C) in subparagraph (F), as so redesignated, by inserting before the period at the end the following: ``, other than agents approved by the Food and Drug Administration for purposes of promoting, and when used to promote, tobacco use cessation (regardless, for purposes of this title only, of whether such agents may be dispensed only upon prescription or may be dispensed without a prescription (commonly referred to as an `over-the-counter' drug), but only if such an agent is prescribed by a physician (or other person authorized to prescribe under State law))''. (2) Conforming amendment.--Section 1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by striking ``, other than subparagraph (E) of such section (relating to smoking cessation agents),''. (b) Requiring Coverage of Tobacco Use Cessation Counseling.-- Section 1905(a)(4) of such Act (42 U.S.C. 1396d(a)(4)) is amended-- (1) by striking ``and'' before ``(C)''; and (2) by adding at the end the following: ``, and (D) counseling for cessation of tobacco use (as defined in section 1861(ddd));''. (c) Treatment of Tobacco Cessation Services and Medications as Services Related to Pregnancy.--Section 1905 of such Act is amended by adding at the end the following new subsection: ``(y) Services described in subsection (a)(4)(D) shall be treated as services related to pregnancy with respect to women during pregnancy (and during the 60-day period beginning on the last day of the pregnancy.''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1 of the first calendar year that begins at least 6 months after the date of the enactment of this Act. SEC. 5. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD HEALTH PROGRAM. (a) Quality Maternal and Child Health Services Includes Tobacco Use Cessation Counseling and Medications.--Section 501 of the Social Security Act (42 U.S.C. 701) is amended by adding at the end the following new subsection: ``(d) For purposes of this title, counseling for cessation of tobacco use (as defined in section 1861(ddd)), drugs and biologicals used to promote tobacco use cessation (regardless of whether such drugs or biologicals may be dispensed only upon prescription or may be dispensed without a prescription (commonly referred to as an `over-the- counter' drug), but only if such a drug or biological is prescribed by a physician (or other person authorized to prescribe under State law)), and the inclusion of antitobacco messages in health promotion counseling shall be considered to be part of quality maternal and child health services.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

Quit Smoking for Life Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to cover diagnostic, therapy, and counseling services, furnished by or under a physician's supervision, for cessation of tobacco use. Provides for payment of 80% of the lesser of the actual charge or the fee schedule amount. Eliminates the deductible. Includes tobacco cessation agents as covered drugs under Medicare part D (Voluntary Prescription Drug Benefit Program). Amends SSA titles V (Maternal and Child Health Services) and XIX (Medicaid) also to cover counseling and medication for cessation of tobacco use. Requires inclusion of anti-tobacco messages in health promotion counseling as part of quality maternal and child health services.

To amend titles V, XVIII, and XIX of the Social Security Act to promote tobacco use cessation under the Medicare Program, the Medicaid Program, and the maternal and child health program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Seasonal Influenza and Pandemic Preparation Act of 2009''. SEC. 2. FREE INFLUENZA VACCINE PROGRAM. (a) Establishment.--The Secretary shall establish a national voluntary influenza vaccination program for adults and children under which any individual may receive an influenza vaccine at no cost at any federally qualified health center, public or private hospital, physician office, clinic, or other entity determined appropriate by the Secretary. (b) Participating Entities.-- (1) Reimbursement.--An entity described in subsection (a) that elects to provide vaccines to individuals through the program shall be reimbursed for the costs of administering such vaccines by the Secretary at the rate determined by the Secretary for such vaccine for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or at such higher rate, including cost-based reimbursement, as determined appropriate by the Secretary. Such reimbursement may include the costs of practice expenses or other costs associated with the administration of the influenza vaccine. (2) Limitation on charges.--An entity participating in the program shall not charge a co-payment or apply any other cost- sharing requirements associated with the administration of influenza vaccines, including any co-payment or other cost- sharing for the visit associated with the administration of such vaccine. (3) Voluntary participation.--Participation by an entity in the program shall be voluntary. (c) Public-Private Partnerships.-- (1) Grants.--The Secretary shall award grants to State and local health departments, public hospitals, federally qualified health centers, and other entities to facilitate the establishment of influenza vaccination programs in partnership with private entities, including retail outlets, pharmacies, faith-based organizations, private employers, and others as determined appropriate by the Secretary. (2) Limitation on charges.--Any influenza vaccination provided to an individual under a grant under this subsection shall be at no cost to the individual. (3) Reimbursement.--An entity participating in a program under a grant under this subsection may request reimbursement from the Secretary under the program under subsection (a) in addition to the amounts received under the grant. (4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $500,000,000 for fiscal year 2010, and such sums as may be necessary for each fiscal year thereafter. (d) School Partnerships.-- (1) Grants to public entities.-- (A) In general.--The Secretary shall award grants to local health departments, public hospitals, federally qualified health centers, and other entities to facilitate the development of influenza vaccination programs for students and families of students in partnership with local primary and secondary educational institutions (including private institutions and Head Start programs). (B) Limitation on charges.--Any influenza vaccination provided to an individual under a grant under this subsection shall be at no cost to the individual. (2) Grants to schools.--The Secretary shall award grants to elementary and secondary schools to facilitate the development of a voluntary influenza vaccination program. (3) Limitation on charges.--Any influenza vaccination provided to an individual under this subsection shall be at no cost to the individual. (4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, $150,000,000 for fiscal year 2010, and such sums as may be necessary for each fiscal year thereafter. (e) Immunization Plans.--The Secretary, under the programs under titles XVIII, XIX, and XXI of the Social Security Act, shall develop an immunization plan with immunization target numbers for the respective populations served under the program under each such title. The Secretary shall provide bonus payments to eligible health care providers and other entities who meet immunization targets established by the Secretary in such plans. SEC. 3. PUBLIC OUTREACH. (a) In General.--The Director of the Centers for Disease Control and Prevention shall establish and implement a national public affairs campaign, to be carried out through radio, television, print, and other media and methods determined appropriate by the Secretary, to increase influenza immunization rates. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $15,000,000 for fiscal year 2010, and such sums as may be necessary for each fiscal year thereafter. SEC. 4. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the national voluntary influenza vaccination program established under section 2(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Seasonal Influenza and Pandemic Preparation Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish a national voluntary influenza vaccination program for adults and children under which any individual may receive an influenza vaccine at no cost at any federally qualified health center, public or private hospital, physician office, clinic, or other entity determined appropriate by the Secretary. Sets forth provisions governing reimbursements for the costs of administering such vaccines. Declares that participation by an entity in such program is voluntary. Requires the Secretary to award grants to state and local health departments, public hospitals, and other entities to facilitate the establishment of influenza vaccination programs in partnerships with private entities, including pharmacies and private employers. Requires vaccines provided under a grant to be at no cost to the individual. Authorizes an entity participating in the grant program to seek reimbursement from the Secretary. Requires the Secretary to award grants to facilitate the development of influenza vaccination programs for students and families of students in partnership with local primary and secondary educational institutions. Directs the Secretary, under Medicare, Medicaid, and the State Children's Health Insurance Program (CHIP, formerly known as SCHIP), to develop an immunization plan with immunization target numbers for the respective populations served under such programs. Requires the Secretary to provide bonus payments to eligible health care providers and other entities who meet immunization targets established by the Secretary in such plans. Requires the Director of the Centers for Disease Control and Prevention (CDC) to establish and implement a national public affairs campaign to increase influenza immunization rates.

A bill to provide for the establishment of programs and activities to increase influenza vaccination rates through the provision of free vaccines.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``International Protecting Girls by Preventing Child Marriage Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Child marriage, also known as ``forced marriage'' or ``early marriage'', is a harmful traditional practice that deprives girls of their dignity and human rights. (2) Child marriage as a traditional practice, as well as through coercion or force, is a violation of article 16 of the Universal Declaration of Human Rights, which states, ``Marriage shall be entered into only with the free and full consent of intending spouses.''. (3) According to the United Nations Children's Fund (UNICEF), an estimated 60,000,000 girls in developing countries now ages 20-24 were married under the age of 18, and if present trends continue more than 100,000,000 more girls in developing countries will be married as children over the next decade, according to the Population Council. (4) Child marriage ``treats young girls as property'' and ``poses grave risks not only to women's basic rights but also their health, economic independence, education, and status in society'', according to the Department of State in 2005. (5) In 2005, the Department of State conducted a world-wide survey and found child marriage to be a concern in 64 out of 182 countries surveyed, with child marriage most common in sub- Saharan Africa and parts of South Asia. (6) In Ethiopia's Amhara region, about half of all girls are married by age 14 with 95 percent not knowing their husbands before marriage, 85 percent unaware they were to be married, and 70 percent reporting their first sexual initiation within marriage taking place before their first menstrual period, according to a 2004 Population Council survey. (7) In some areas of northern Nigeria, 45 percent of girls are married by age 15 and 73 percent by age 18, with age gaps between girls and the husbands averaging between 12 and 18 years. (8) Between half and three-quarters of all girls are married before the age of 18 in the following countries: Niger, Chad, Mali, Bangladesh, Guinea, the Central African Republic, Mozambique, Burkina Faso, and Nepal, according to Demographic Health Survey data. (9) Factors perpetuating child marriage include poverty, a lack of educational or employment opportunities for girls, parental concerns to ensure sexual relations within marriage, the dowry system, and the perceived lack of value of girls. (10) Child marriage has negative effects on girls' health, including significantly increased risk of maternal death and morbidity, infant mortality and morbidity, obstetric fistula, and sexually transmitted diseases, including HIV/AIDS. (11) According to the United States Agency for International Development (USAID), increasing the age at first birth for a woman will increase her chances of survival. Currently, pregnancy and childbirth complications are the leading cause of death for women 15 to 19 years old in developing countries. (12) In developing countries, girls 15 years of age are five times more likely to die in childbirth than women in their 20s. (13) Child marriage can result in bonded labor or enslavement, commercial sexual exploitation, and violence against the victims, according to UNICEF. (14) Out-of-school or unschooled girls are at greater risk of child marriage while girls in school face pressure to withdraw from school when secondary school requires monetary costs, travel, or other social costs, including lack of lavatories and supplies for menstruating girls and increased risk of sexual violence. (15) In Mozambique 60 percent of girls with no education are married by age 18, compared to 10 percent of girls with secondary schooling and less than 1 percent of girls with higher education. (16) According to UNICEF, in 2005 it was estimated that ``about half of girls in Sub-Saharan Africa who drop out of primary school do so because of poor water and sanitation facilities''. (17) UNICEF reports that investments in improving school sanitation resulted in a 17 percent increase in school enrollment for girls in Guinea and an 11 percent increase for girls in Bangladesh. (18) Investments in girls' schooling, creating safe community spaces for girls, and programs for skills building for out-of-school girls are all effective and demonstrated strategies for preventing child marriage and creating a pathway to empower girls by addressing conditions of poverty, low status, and norms that contribute to child marriage. (19) Most countries with high rates of child marriage have a legally established minimum age of marriage, yet child marriage persists due to strong traditional norms and the failure to enforce existing laws. (20) In Afghanistan, where the legal age of marriage for girls is 16 years, 57 percent of marriages involve girls below the age of 16, including girls younger than 10 years, according to the United Nations Children's Fund (UNICEF). (21) Secretary of State Hillary Clinton has stated that ``child marriage is a clear and unacceptable violation of human rights, and that the Department of State denounces all cases of child marriage as child abuse''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) child marriage is a violation of human rights and the prevention and elimination of child marriage should be a foreign policy goal of the United States; (2) the practice of child marriage undermines United States investments in foreign assistance to promote education and skills building for girls, reduce maternal and child mortality, reduce maternal illness, halt the transmission of HIV/AIDS, prevent gender-based violence, and reduce poverty; and (3) expanding educational opportunities for girls, economic opportunities for women, and reducing maternal and child mortality are critical to achieving the Millennium Development Goals and the global health and development objectives of the United States, including efforts to prevent HIV/AIDS. SEC. 4. ASSISTANCE TO PREVENT THE INCIDENCE OF CHILDHOOD MARRIAGE IN DEVELOPING COUNTRIES. (a) Assistance Authorized.--The President is authorized to provide assistance, including through multilateral, nongovernmental, and faith- based organizations, to prevent the incidence of child marriage in developing countries and to promote the educational, health, economic, social, and legal empowerment of girls and women as part of the strategy established pursuant to section 5 to prevent child marriage in developing countries. (b) Priority.--In providing assistance authorized under subsection (a), the President shall give priority to-- (1) areas or regions in developing countries in which 15 percent of girls under the age of 15 are married or 40 percent of girls under the age of 18 are married; and (2) activities to-- (A) expand and replicate existing community-based programs that are successful in preventing the incidence of child marriage; (B) establish pilot projects to prevent child marriage; and (C) share evaluations of successful programs, program designs, experiences, and lessons. (c) Coordination.--Assistance authorized under subsection (a) shall be integrated with existing United States programs for advancing appropriate age and grade-level basic and secondary education through adolescence, ensure school enrollment and completion for girls, health, income generation, agriculture development, legal rights, and democracy building and human rights, including-- (1) support for community-based activities that encourage community members to address beliefs or practices that promote child marriage and to educate parents, community leaders, religious leaders, and adolescents of the health risks associated with child marriage and the benefits for adolescents, especially girls, of access to education, health care, livelihood skills, microfinance, and savings programs; (2) enrolling girls in primary and secondary school at the appropriate age and keeping them in age-appropriate grade levels through adolescence; (3) reducing education fees, and enhancing safe and supportive conditions in primary and secondary schools to meet the needs of girls, including-- (A) access to water and suitable hygiene facilities, including separate lavatories and latrines for girls; (B) assignment of female teachers; (C) safe routes to and from school; and (D) eliminating sexual harassment and other forms of violence and coercion; (4) ensuring access to health care services and proper nutrition for adolescent girls, which is essential to both their school performance and their economic productivity; (5) increasing training for adolescent girls and their parents in financial literacy and access to economic opportunities, including livelihood skills, savings, microfinance, and small-enterprise development; (6) supporting education, including through community and faith-based organizations and youth programs, that helps remove gender stereotypes and the bias against girls used to justify child marriage, especially efforts targeted at men and boys, promotes zero tolerance for violence, and promotes gender equality, which in turn help to increase the perceived value of girls; (7) creating peer support and female mentoring networks and safe social spaces specifically for girls; and (8) supporting local advocacy work to provide legal literacy programs at the community level and ensure that governments and law enforcement officials are meeting their obligations to prevent child and forced marriage. SEC. 5. STRATEGY TO PREVENT CHILD MARRIAGE IN DEVELOPING COUNTRIES. (a) Strategy Required.--The President, acting through the Secretary of State, shall establish a multi-year strategy to prevent child marriage in developing countries and promote the empowerment of girls at risk of child marriage in developing countries, including by addressing the unique needs, vulnerabilities, and potential of girls under 18 in developing countries. (b) Consultation.--In establishing the strategy required by subsection (a), the President shall consult with Congress, relevant Federal departments and agencies, multilateral organizations, and representatives of civil society. (c) Elements.--The strategy required by subsection (a) shall-- (1) focus on areas in developing countries with high prevalence of child marriage; and (2) encompass diplomatic initiatives between the United States and governments of developing countries, with attention to human rights, legal reforms and the rule of law, and programmatic initiatives in the areas of education, health, income generation, changing social norms, human rights, and democracy building. (d) Report.--Not later than 180 days after the date of the enactment of this Act, the President shall transmit to Congress a report that includes-- (1) the strategy required by subsection (a); (2) an assessment, including data disaggregated by age and gender to the extent possible, of current United States-funded efforts to specifically assist girls in developing countries; and (3) examples of best practices or programs to prevent child marriage in developing countries that could be replicated. SEC. 6. RESEARCH AND DATA COLLECTION. The Secretary of State shall work through the Administrator of the United States Agency for International Development and any other relevant agencies of the Department of State, and in conjunction with relevant executive branch agencies as part of their ongoing research and data collection activities, to-- (1) collect and make available data on the incidence of child marriage in countries that receive foreign or development assistance from the United States where the practice of child marriage is prevalent; and (2) collect and make available data on the impact of the incidence of child marriage and the age at marriage on progress in meeting key development goals. SEC. 7. DEPARTMENT OF STATE'S COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES. The Foreign Assistance Act of 1961 is amended-- (1) in section 116 (22 U.S.C. 2151n), by adding at the end the following new subsection: ``(g) The report required by subsection (d) shall include for each country in which child marriage is prevalent at rates at or above 40 percent in at least one sub-national region, a description of the status of the practice of child marriage in such country. In this subsection, the term `child marriage' means the marriage of a girl or boy, not yet the minimum age for marriage stipulated in law in the country in which such girl or boy is a resident.''; and (2) in section 502B (22 U.S.C. 2304), by adding at the end the following new subsection: ``(i) The report required by subsection (b) shall include for each country in which child marriage is prevalent at rates at or above 40 percent in at least one sub-national region, a description of the status of the practice of child marriage in such country. In this subsection, the term `child marriage' means the marriage of a girl or boy, not yet the minimum age for marriage stipulated in law in the country in which such girl or boy is a resident.''. SEC. 8. DEFINITION. In this Act, the term ``child marriage'' means the marriage of a girl or boy, not yet the minimum age for marriage stipulated in law in the country in which the girl or boy is a resident. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act and the amendments made by this Act, there are authorized to be appropriated as such sums as necessary for fiscal years 2010 through 2014.

International Protecting Girls by Preventing Child Marriage Act of 2009 - Authorizes the President to provide assistance, including through multilateral, nongovernmental, and faith-based organizations, to prevent child marriage in developing countries and to promote the educational, health, economic, social, and legal empowerment of girls and women. Sets forth priority assistance criteria. Directs the President, through the Secretary of State, to establish a multi-year strategy to prevent child marriage in developing countries and to promote the empowerment of girls at risk of child marriage. Sets forth strategy elements. Amends the Foreign Assistance Act of 1961 to require that Department of State country reports on human rights practices include a description of the status of child marriage for countries with specified rates of child marriage. Defines "child marriage" as the marriage of a girl or boy not yet the minimum age for marriage stipulated in law in the country in which the girl or boy is a resident.

To protect girls in developing countries through the prevention of child marriage, and for other purposes.

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preservation of Antibiotics for Medical Treatment Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purpose. TITLE I--SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS Sec. 101. Proof of safety of critical antimicrobial animal drugs. TITLE II--USE OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS IN AGRICULTURE Sec. 201. Collection of data on critical antimicrobial animal drugs. SEC. 2. FINDINGS. The Congress finds that-- (1)(A) in January 2001, a Federal interagency task force released an action plan to address the continuing decline in effectiveness of antibiotics against common bacterial infections, referred to as antibiotic resistance; (B) the task force determined that antibiotic resistance is a growing menace to all people and poses a serious threat to public health; and (C) the task force cautioned that if current trends continue, treatments for common infections will become increasingly limited and expensive, and, in some cases, nonexistent; (2) antibiotic resistance, resulting in a reduced number of effective antibiotics, may significantly impair the ability of the United States to respond to terrorist attacks involving bacterial infections or a large influx of hospitalized patients; (3)(A) any overuse or misuse of antibiotics contributes to the spread of antibiotic resistance, whether in human medicine or in agriculture; and (B) recognizing the public health threat caused by antibiotic resistance, Congress took several steps to curb antibiotic overuse in human medicine through amendments to the Public Health Service Act (42 U.S.C. 201 et seq.) made by section 102 of the Public Health Threats and Emergencies Act (Public Law 106-505, title I; 114 Stat. 2315), but has not yet addressed antibiotic overuse in agriculture; (4) in a March 2003 report, the National Academy of Sciences stated that-- (A) a decrease in antimicrobial use in human medicine alone will have little effect on the current situation; and (B) substantial efforts must be made to decrease inappropriate overuse in animals and agriculture; (5)(A) an estimated 70 percent of the antibiotics and other antimicrobial drugs used in the United States are fed to farm animals for nontherapeutic purposes, including-- (i) growth promotion; and (ii) compensation for crowded, unsanitary, and stressful farming and transportation conditions; and (B) unlike human use of antibiotics, these nontherapeutic uses in animals typically do not require a prescription; (6)(A) many scientific studies confirm that the nontherapeutic use of antibiotics in agricultural animals contributes to the development of antibiotic-resistant bacterial infections in people; (B) the periodical entitled ``Clinical Infectious Diseases'' published a report in June 2002, based on a 2-year review by experts in human and veterinary medicine, public health, microbiology, biostatistics, and risk analysis, of more than 500 scientific studies on the human health impacts of antimicrobial use in agriculture; and (C) the report recommended that antimicrobial agents should no longer be used in agriculture in the absence of disease, but should be limited to therapy for diseased individual animals and prophylaxis when disease is documented in a herd or flock; (7) the United States Geological Survey reported in March 2002 that-- (A) antibiotics were present in 48 percent of the streams tested nationwide; and (B) almost half of the tested streams were downstream from agricultural operations; (8) an April 1999 study by the General Accounting Office concluded that resistant strains of 3 microorganisms that cause food-borne illness or disease in humans--Salmonella, Campylobacter, and E. coli--are linked to the use of antibiotics in animals; (9)(A) in January 2003, Consumer Reports published test results on poultry products bought in grocery stores nationwide showing disturbingly high levels of Campylobacter and Salmonella bacteria that were resistant to antibiotics used to treat food-borne illnesses; and (B) further studies showed similar results in other meat products; (10) in October 2001, the New England Journal of Medicine published an editorial urging a ban on nontherapeutic use of medically important antibiotics in animals; (11)(A) in 1999, the European Union banned the practice of feeding medically important antibiotics to animals other than for disease treatment or control, and prior to that, individual European countries had banned the use of specific antibiotics in animal feed; and (B) those countries have experienced no significant impact on animal health or productivity, food safety, or meat prices, and more importantly, levels of resistant bacteria have declined sharply; (12) in 1998, the National Academy of Sciences noted that antibiotic-resistant bacteria generate a minimum of $4,000,000,000 to $5,000,000,000 in costs to United States society and individuals yearly; (13) a year later, the National Academy of Sciences estimated that eliminating the use of all antibiotics as feed additives would cost each American consumer less than $5 to $10 per year; (14) the American Medical Association, the American Public Health Association, the National Association of County and City Health Officials, and the National Campaign for Sustainable Agriculture, are among the more than 300 organizations representing health, consumer, agricultural, environmental, humane, and other interests that support enactment of legislation to phase out nontherapeutic use in farm animals of medically important antibiotics; (15) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)-- (A) requires that all drugs be shown to be safe before the drugs are approved; and (B) places the burden on manufacturers to account for health consequences and prove safety; (16)(A) the Food and Drug Administration recently modified the drug approval process for antibiotics to recognize the development of resistant bacteria as an important aspect of safety; (B) however, most antibiotics currently used in animal production systems for nontherapeutic purposes were approved before the Food and Drug Administration began giving in-depth consideration to resistance during the drug-approval process; and (C) the Food and Drug Administration has not established a schedule for reviewing those existing approvals; and (17) certain non-routine uses of antibiotics in animal agriculture are legitimate to prevent animal disease. SEC. 3. PURPOSE. The purpose of this Act is to preserve the effectiveness of medically important antibiotics used in the treatment of human and animal diseases by phasing out use of certain antibiotics for nontherapeutic purposes in food-producing animals. TITLE I--SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS SEC. 101. PROOF OF SAFETY OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS. (a) Definitions.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(rr) Critical Antimicrobial Animal Drug.--The term `critical antimicrobial animal drug' means a drug that-- ``(1) is intended for use in food-producing animals; and ``(2) is composed wholly or partly of-- ``(A) any kind of penicillin, tetracycline, macrolide, lincosamide, streptogramin, aminoglycoside, or sulfonamide; or ``(B) any other drug or derivative of a drug that is used in humans or intended for use in humans to treat or prevent disease or infection caused by microorganisms. ``(ss) Nontherapeutic Use.--The term `nontherapeutic use', with respect to a critical antimicrobial animal drug, means any use of the drug as a feed or water additive for an animal in the absence of any clinical sign of disease in the animal for growth promotion, feed efficiency, weight gain, routine disease prevention, or other routine purpose.''. (b) Applications Pending or Submitted After Enactment.--Section 512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(d)(1)) is amended-- (1) in the first sentence-- (A) in subparagraph (H), by striking ``or'' at the end; (B) by redesignating subparagraph (I) as subparagraph (J); and (C) by inserting after subparagraph (H) the following: ``(I) with respect to a critical antimicrobial animal drug or a drug of the same chemical class as a critical antimicrobial animal drug, the applicant has failed to demonstrate that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use of the drug; or''; and (2) in the second sentence, by striking ``(A) through (I)'' and inserting ``(A) through (J)''. (c) Phased Elimination of Nontherapeutic Use in Animals of Critical Antimicrobial Animal Drugs Important for Human Health.--Section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b) is amended by adding at the end the following: ``(q) Phased Elimination of Nontherapeutic Use in Animals of Critical Antimicrobial Animal Drugs Important for Human Health.-- ``(1) Applicability.--This subsection applies to the nontherapeutic use in a food-producing animal of a drug-- ``(A)(i) that is a critical antimicrobial animal drug; or ``(ii) that is of the same chemical class as a critical antimicrobial animal drug; and ``(B)(i) for which there is in effect an approval of an application or an exemption under subsection (b), (i), or (j) of section 505; or ``(ii) that is otherwise marketed for use. ``(2) Withdrawal.--The Secretary shall withdraw the approval of a nontherapeutic use in food-producing animals described in paragraph (1) on the date that is 2 years after the date of enactment of this subsection unless-- ``(A) before the date that is 2 years after the date of the enactment of this subsection, the Secretary makes a final written determination that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the drug; or ``(B) before the date specified in subparagraph (A), the Secretary makes a final written determination under this subsection, with respect to a risk analysis of the drug conducted by the Secretary and other relevant information, that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the drug. ``(3) Exemptions.--Except as provided in paragraph (5), if the Secretary grants an exemption under section 505(i) for a drug that is a critical antimicrobial animal drug, the Secretary shall rescind each approval of a nontherapeutic use in a food-producing animal of the critical antimicrobial animal drug, or of a drug in the same chemical class as the critical antimicrobial animal drug, as of the date that is 2 years after the date on which the Secretary grants the exemption. ``(4) Approvals.--Except as provided in paragraph (5), if an application for a drug that is a critical antimicrobial animal drug is submitted to the Secretary under section 505(b), the Secretary shall rescind each approval of a nontherapeutic use in a food-producing animal of the critical antimicrobial animal drug, or of a drug in the same chemical class as the critical antimicrobial animal drug, as of the date that is 2 years after the date on which the application is submitted to the Secretary. ``(5) Exception.--Paragraph (3) or (4), as the case may be, shall not apply if-- ``(A) before the date on which approval would be rescinded under that paragraph, the Secretary makes a final written determination that the holder of the application for the approved nontherapeutic use has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use in the food- producing animal of the critical antimicrobial animal drug; or ``(B) before the date specified in subparagraph (A), the Secretary makes a final written determination under this subsection, with respect to a risk analysis of the critical antimicrobial animal drug conducted by the Secretary and any other relevant information, that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the drug.''. TITLE II--USE OF CRITICAL ANTIMICROBIAL ANIMAL DRUGS IN AGRICULTURE SEC. 201. COLLECTION OF DATA ON CRITICAL ANTIMICROBIAL ANIMAL DRUGS. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 512 (21 U.S.C. 360b) the following: ``SEC. 512A. COLLECTION OF DATA ON CRITICAL ANTIMICROBIAL ANIMAL DRUGS. ``(a) In General.--Not later than July 1 of each year, a manufacturer of a critical antimicrobial animal drug or an animal feed for food-producing animals bearing or containing a critical antimicrobial animal drug shall submit to the Secretary a report, in such form as the Secretary shall require, containing information on the sales during the previous calendar year of the critical antimicrobial animal drug or the animal feed. ``(b) Information to Be Included.--A report under subsection (a) shall-- ``(1) state separately the quantity of the critical antimicrobial animal drug, including such quantity in animal feed bearing or containing the critical antimicrobial drug, sold for each kind of food-producing animal; ``(2) describe the claimed purpose of use for the drug for each kind of food-producing animal as being for growth promotion, weight gain, feed efficiency, disease prevention, disease control, disease treatment, or another purpose; and ``(3) describe the dosage form of the drug. ``(c) Publication.-- ``(1) In general.--The Secretary shall make the information submitted under subsection (a) available to the public not less than annually. ``(2) Protection of confidentiality.--The Secretary may aggregate information, if necessary, so as to avoid disclosure under paragraph (1) of confidential business information.''. (b) Violation.--Subsection (e) of section 301 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 331(e)) is amended by striking ``515(f)'' and inserting ``512A, 515(f)''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2006.

Preservation of Antibiotics for Medical Treatment Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to deny an application for a new animal drug that is a critical antimicrobial animal drug unless the applicant demonstrates that there is a reasonably certainty of no harm to human health due to the development of antimicrobial resistance attributable to the nontherapeutic use of the drug. Defines "critical antimicrobial animal drug" as a drug intended for use in food-producing animals that contains specified antibiotics or other drugs used in humans to treat or prevent disease or infection caused by microorganisms. Requires the Secretary to withdraw approval of a nontherapeutic use of such drugs in food-producing animals two years after the date of enactment of this Act unless certain safety requirements are met. Requires the manufacturer of such a drug or an animal feed for food-producing animals containing such a drug to report sales information to the Secretary.

To amend the Federal Food, Drug, and Cosmetic Act to preserve the effectiveness of medically important antibiotics used in the treatment of human and animal diseases.

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SECTION 1. WAGE DETERMINATION. (a) Change in Minimum Wages.--Section 212(n)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to read as follows: ``(A) The employer-- ``(i) is offering and will offer during the period of authorized employment to aliens admitted or provided status as an H-1B nonimmigrant wages that are at least-- ``(I) the locally determined prevailing wage level for the occupational classification in the area of employment; ``(II) the median average wage for all workers in the occupational classification in the area of employment; or ``(III) the median wage for skill level two in the occupational classification found in the most recent Occupational Employment Statistics survey; whichever is greatest, based on the best information available as of the time of filing of the application; and ``(ii) will provide working conditions for such nonimmigrant that will not adversely affect the working conditions of workers similarly employed.''. The wage determination methodology used under clause (i) shall be submitted with the application. (b) Provision of W-2 Forms.--Section 212(n)(1) of such Act (8 U.S.C. 1182(n)(1)) is amended by adding at the end the following new subparagraph: ``(H) If the employer employed, in such previous period as the Secretary shall specify, one or more H-1B nonimmigrants, the application shall be accompanied by the Internal Revenue Service Form W-2 Wage and Tax Statement filed by the employer with respect to such nonimmigrants for such period.''. SEC. 2. GOOD FAITH RECRUITMENT REQUIREMENT. (a) Extending Time Period for No Displacement.--Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended-- (1) in paragraph (1)(E)(i), by striking ``90 days'' and inserting ``180 days'' each place it appears; and (2) in paragraph (2)(C)(iii), in the matter before subclause (I), by striking ``90 days'' and inserting ``180 days'' each place it appears . (b) Requiring Active Requirement.--Section 212(n)(1)(G)(i)(I) of such Act (8 U.S.C. 1182(n)(1)(G)(i)(I)) is amended by inserting ``actively'' before ``recruit''. (c) Prohibition of Outplacement.--Section 212(n)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(F)) is amended to read as follows: ``(F) An employer shall not place, out-source, lease, or otherwise contract for the placement of an alien admitted or provided status as an H-1B nonimmigrant with another employer, regardless of whether or not such other employer is an H-1B- dependent employer.''. SEC. 3. LABOR ENFORCEMENT. (a) Centralization of Administrative and Enforcement Functions.-- Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended by adding at the end the following new subparagraph: ``(I) The Secretary shall be responsible under this paragraph for investigations of wage complaints, as well as investigations of allegations of fraud in the filing of applications under this subsection.''. (b) Audits.--Section 212(n)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(A)) is amended by adding at the end the following new sentences: ``In addition, the Secretary may conduct surveys of the level of compliance by employers with the provisions and requirements of this subsection and may conduct annual compliance audits in the case of employers that employ H-1B nonimmigrants. In the case of an employer that employs H-1B nonimmigrants that represent 15 percent or more of the total number of individuals employed by the employer, the Secretary shall conduct annual compliance audits of such employer.''. SEC. 4. MAKING H-1B NONIMMIGRANT PETITIONER FEE PERMANENT. (a) In General.--Section 214(c)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(A)), in the matter immediately preceding clause (i), is amended by striking ``October 1, 2003''. (b) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed beginning on or after January 1 of the year beginning after the date of the enactment of this Act. SEC. 5. PRIVATE RIGHT OF ACTION. Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended by adding at the end the following new subparagraph: ``(I) In addition to any other remedies available under this paragraph, a person who is harmed by a violation by an employer of a requirement of this subsection may bring a civil action against the employer in any court of competent jurisdiction for damages or other appropriate relief.''.

Amends the Immigration and Nationality Act to require employers of H-1B (specialty occupations) nonimmigrants to use one of three specified methods (whichever results in the highest wages) to determine wages for purposes of required wage attestations. Requires such employers who previously employed one or more H-1B nonimmigrants to submit with their labor condition application (LCA) a copy of the W-2 Wage and Tax Statement filed with respect to those nonimmigrants. Extends from 90 to 180 days the period during which certain employers of H-1B nonimmigrants must show nondisplacement of U.S. workers. Requires such employers to actively engage in recruitment efforts. Prohibits such employers from placing, outsourcing, leasing, or otherwise contracting for the placement of an H-1B nonimmigrant with another employer, regardless of whether the other employer is H-1B dependent. Requires the Secretary of Labor to be responsible for investigations of wage complaints and allegations of fraud in the filing of LCAs. Authorizes the Secretary to: (1) conduct surveys of employer compliance with labor condition requirements; and (2) conduct annual compliance audits of employers employing H-1B nonimmigrants. Requires annual compliance audits in cases where H-1B nonimmigrants comprise 15 percent or more of an employer's total number of employees. Makes permanent the employer fee applicable to H-1B petitions. Creates a private right of action for persons harmed by an employer's violation of labor condition requirements.

To amend the Immigration and Nationality Act to provide greater protections to domestic and foreign workers under the H-1B nonimmigrant worker program.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Partnership Benefits and Obligations Act of 2007''. SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES. (a) In General.--An employee who has a domestic partner and the domestic partner of the employee shall be entitled to benefits available to, and shall be subject to obligations imposed upon, a married employee and the spouse of the employee. (b) Certification of Eligibility.--In order to obtain benefits and assume obligations under this Act, an employee shall file an affidavit of eligibility for benefits and obligations with the Office of Personnel Management identifying the domestic partner of the employee and certifying that the employee and the domestic partner of the employee-- (1) are each other's sole domestic partner and intend to remain so indefinitely; (2) have a common residence, and intend to continue the arrangement; (3) are at least 18 years of age and mentally competent to consent to contract; (4) share responsibility for a significant measure of each other's common welfare and financial obligations; (5) are not married to or domestic partners with anyone else; (6) are same sex domestic partners, and not related in a way that, if the 2 were of opposite sex, would prohibit legal marriage in the State in which they reside; and (7) understand that willful falsification of information within the affidavit may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification and may constitute a criminal violation. (c) Dissolution of Partnership.-- (1) In general.--An employee or domestic partner of an employee who obtains benefits under this Act shall file a statement of dissolution of the domestic partnership with the Office of Personnel Management not later than 30 days after the death of the employee or the domestic partner or the date of dissolution of the domestic partnership. (2) Death of employee.--In a case in which an employee dies, the domestic partner of the employee at the time of death shall receive under this Act such benefits as would be received by the widow or widower of an employee. (3) Other dissolution of partnership.-- (A) In general.--In a case in which a domestic partnership dissolves by a method other than death of the employee or domestic partner of the employee, any benefits received by the domestic partner as a result of this Act shall terminate. (B) Exception.--In a case in which a domestic partnership dissolves by a method other than death of the employee or domestic partner of the employee, the former domestic partner of the employee shall be entitled to benefits available to, and shall be subject to obligations imposed upon, a former spouse. (d) Stepchildren.--For purposes of affording benefits under this Act, any natural or adopted child of a domestic partner of an employee shall be deemed a stepchild of the employee. (e) Confidentiality.--Any information submitted to the Office of Personnel Management under subsection (b) shall be used solely for the purpose of certifying an individual's eligibility for benefits under subsection (a). (f) Regulations and Orders.-- (1) Office of personnel management.--Not later than 6 months after the date of enactment of this Act, the Office of Personnel Management shall promulgate regulations to implement section 2 (b) and (c). (2) Other executive branch regulations.--Not later than 6 months after the date of enactment of this Act, the President or designees of the President shall promulgate regulations to implement this Act with respect to benefits and obligations administered by agencies or other entities of the executive branch. (3) Other regulations and orders.--Not later than 6 months after the date of enactment of this Act, each agency or other entity or official not within the executive branch that administers a program providing benefits or imposing obligations shall promulgate regulations or orders to implement this Act with respect to the program. (4) Procedure.--Regulations and orders required under this subsection shall be promulgated after notice to interested persons and an opportunity for comment. (g) Definitions.--In this Act: (1) Benefits.--The term ``benefits'' means-- (A) health insurance and enhanced dental and vision benefits, as provided under chapters 89, 89A, and 89B of title 5, United States Code; (B) retirement and disability benefits and plans, as provided under-- (i) chapters 83 and 84 of title 5, United States Code; (ii) chapter 8 of the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.); and (iii) the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. chapter 38); (C) family, medical, and emergency leave, as provided under-- (i) subchapters III, IV, and V of chapter 63 of title 5, United States Code; (ii) the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), insofar as that Act applies to the Government Accountability Office and the Library of Congress; (iii) section 202 of the Congressional Accountability Act of 1995 (2 U.S.C. 1312); and (iv) section 412 of title 3, United States Code; (D) Federal group life insurance, as provided under chapter 87 of title 5, United States Code; (E) long-term care insurance, as provided under chapter 90 of title 5, United States Code; (F) compensation for work injuries, as provided under chapter 81 of title 5, United States Code; (G) benefits for disability, death, or captivity, as provided under-- (i) sections 5569 and 5570 of title 5, United States Code; (ii) section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973); (iii) part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.), insofar as that part applies to any employee; and (H) travel, transportation, and related payments and benefits, as provided under-- (i) chapter 57 of title 5, United States Code; (ii) chapter 9 of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.); and (iii) section 1599b of title 10, United States Code; and (I) any other benefit similar to a benefit described under subparagraphs (A) through (H) provided by or on behalf of the United States to any employee. (2) Domestic partner.--The term ``domestic partner'' means an adult unmarried person living with another adult unmarried person of the same sex in a committed, intimate relationship. (3) Employee.--The term ``employee''-- (A) means an officer or employee of the United States or of any department, agency, or other entity of the United States, including the President of the United States, the Vice President of the United States, a Member of Congress, or a Federal judge; and (B) shall not include a member of the uniformed services. (4) Obligations.--The term ``obligations'' means any duties or responsibilities with respect to Federal employment that would be incurred by a married employee or by the spouse of an employee. (5) Uniformed services.--The term ``uniformed services'' has the meaning given under section 2101(3) of title 5, United States Code. SEC. 3. EFFECTIVE DATE. This Act including the amendments made by this Act shall-- (1) with respect to the provision of benefits and obligations, take effect 6 months after the date of enactment of this Act; and (2) apply to any individual who is employed as an employee on or after the date of enactment of this Act.

Domestic Partnership Benefits and Obligations Act of 2007 - Provides that a federal employee and his or her domestic partner shall be entitled to benefits available to, and shall be subject to obligations imposed upon, a married federal employee and his or her spouse. Defines "domestic partner" to mean an adult unmarried person living with another adult unmarried person of the same sex in a committed, intimate relationship. Defines "benefits" to include federal health insurance and enhanced dental and vision benefits, retirement and disability benefits, family, medical, and emergency leave, group life insurance, long-term care insurance, compensation for work injuries, and benefits for disability, death, or captivity. Excludes members of the uniformed services from the definition of "employee." Sets forth requirements for filing: (1) an affidavit of eligibility as such a domestic partner, which shall include a certification that the employee and the domestic partner are each other's sole domestic partners and intend to remain so indefinitely; and (2) a statement upon dissolution of such a domestic partnership.

To provide benefits to domestic partners of Federal employees.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern California Groundwater Remediation Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) Groundwater remediation.--The term ``groundwater remediation'' means actions that are necessary to prevent, minimize, clean up, or mitigate damage to groundwater. (2) Local water authority.--The term ``local water authority'' means a currently existing (on the date of the enactment of this Act) public water district, public water utility, public water planning agency, municipality, or Indian Tribe located within the natural watershed of the Santa Ana River in the State of California. (3) Remediation fund.--The term ``Remediation Fund'' means the Southern California Groundwater Remediation Fund established pursuant to section 3(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. SOUTHERN CALIFORNIA GROUNDWATER REMEDIATION. (a) Southern California Groundwater Remediation.-- (1) Establishment of remediation fund.--There shall be established within the Treasury of the United States an interest bearing account to be known as the ``Southern California Groundwater Remediation Fund''. (2) Administration of remediation fund.--The Remediation Fund shall be administered by the Secretary, acting through the Bureau of Reclamation. The Secretary shall administer the Remediation Fund in cooperation with the local water authority. (3) Purposes of remediation fund.-- (A) In general.--Subject to subparagraph (B), the amounts in the Remediation Fund, including interest accrued, shall be used by the Secretary to provide grants to the local water authority to reimburse the local water authority for the Federal share of the costs associated with designing and constructing groundwater remediation projects to be administered by the local water authority. (B) Cost-sharing limitation.-- (i) In general.--The Secretary may not obligate any funds appropriated to the Remediation Fund in a fiscal year until the Secretary has deposited into the Remediation Fund an amount provided by non-Federal interests sufficient to ensure that at least 35 percent of any funds obligated by the Secretary for a groundwater remediation project are from funds provided to the Secretary for that project by the non-Federal interests. (ii) Non-federal responsibility.--Each local water authority shall be responsible for providing the non-Federal amount required by clause (i) for projects under that local water authority. The State of California, local government agencies, and private entities may provide all or any portion of the non-Federal amount. (iii) Credits toward non-federal share.-- For purposes of clause (ii), the Secretary shall credit the appropriate local water authority with the value of all prior expenditures by non-Federal interests made after January 1, 2000, that are compatible with the purposes of this section, including-- (I) all expenditures made by non- Federal interests to design and construct groundwater remediation projects, including expenditures associated with environmental analyses, and public involvement activities that were required to implement the groundwater remediation projects in compliance with applicable Federal and State laws; and (II) all expenditures made by non- Federal interests to acquire lands, easements, rights-of-way, relocations, disposal areas, and water rights that were required to implement a groundwater remediation project. (b) Compliance With Applicable Law.--In carrying out the activities described in this section, the Secretary shall comply with any applicable Federal and State laws. (c) Relationship to Other Activities.--Nothing in this section shall be construed to affect other Federal or State authorities that are being used or may be used to facilitate remediation and protection of the groundwater the natural watershed of the Santa Ana River in the State of California. In carrying out the activities described in this section, the Secretary shall integrate such activities with ongoing Federal and State projects and activities. None of the funds made available for such activities pursuant to this section shall be counted against any Federal authorization ceiling established for any previously authorized Federal projects or activities. (d) Financial Statements and Audits.--The Secretary shall ensure that all funds obligated and disbursed under this Act and expended by a local water authority, are accounted for in accordance with generally accepted accounting principles and are subjected to regular audits in accordance with applicable procedures, manuals, and circulars of the Department of the Interior and the Office of Management and Budget. (e) Authorization of Appropriations.-- There is authorized to be appropriated to the Remediation Fund $50,000,000. Such funds shall remain available until expended. Subject to the limitations in section 4, such funds shall remain available until expended. SEC. 4. SUNSET OF AUTHORITY. This Act-- (1) shall take effect on the date of the enactment of this Act; and (2) is repealed effective as of the date that is 10 years after the date of the enactment of this Act. Passed the House of Representatives April 12, 2005. Attest: JEFF TRANDAHL, Clerk.

Southern California Groundwater Remediation Act - Establishes within the Treasury the Southern California Groundwater Remediation Fund, which shall be used by the Secretary of the Interior, acting through the Bureau of Reclamation, to provide grants to a local water authority within the natural watershed of the Santa Ana River in California for the federal share of costs associated with designing and constructing groundwater remediation projects. Prohibits the Secretary from obligating any funds appropriated to the Fund in a fiscal year until the Secretary has deposited a matching amount provided by non-federal interests of at least 35 percent for a project. Makes each authority responsible for providing the required non-federal amount. Directs the Secretary to credit the appropriate authority with the value of all prior compatible expenditures by non-federal interests made after January 1, 2000. Authorizes appropriations. Terminates this Act ten years after the enactment date.

To authorize the Secretary of the Interior, acting through the Bureau of Reclamation and in coordination with other Federal, State, and local government agencies, to participate in the funding and implementation of a balanced, long-term groundwater remediation program in California, and for other purposes.

717

SECTION 1. SHORT TITLE. This Act may be cited as the ``Attorney-Client Privilege Protection Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Justice is served when all parties to litigation are represented by experienced diligent counsel. (2) Protecting attorney-client privileged communications from compelled disclosure fosters voluntary compliance with the law. (3) To serve the purpose of the attorney-client privilege, attorneys and clients must have a degree of confidence that they will not be required to disclose privileged communications. (4) The ability of an organization to have effective compliance programs and to conduct comprehensive internal investigations is enhanced when there is clarity and consistency regarding the attorney-client privilege. (5) Prosecutors, investigators, enforcement officials, and other officers or employees of Government agencies have been able to, and can continue to, conduct their work while respecting attorney-client and work product protections and the rights of individuals, including seeking and discovering facts crucial to the investigation and prosecution of organizations. (6) Despite the existence of these legitimate tools, the Department of Justice and other agencies have increasingly employed tactics that undermine the adversarial system of justice, such as encouraging organizations to waive attorney- client privilege and work product protections to avoid indictment or other sanctions. (7) An indictment can have devastating consequences on an organization, potentially eliminating the ability of the organization to survive post-indictment or to dispute the charges against it at trial. (8) Waiver demands and other tactics of Government agencies are encroaching on the constitutional rights and other legal protections of employees. (9) The attorney-client privilege, work product doctrine, and payment of counsel fees shall not be used as devices to conceal wrongdoing or to cloak advice on evading the law. (b) Purpose.--It is the purpose of this Act to place on each agency clear and practical limits designed to preserve the attorney-client privilege and work product protections available to an organization and preserve the constitutional rights and other legal protections available to employees of such an organization. SEC. 3. DISCLOSURE OF ATTORNEY-CLIENT PRIVILEGE OR ADVANCEMENT OF COUNSEL FEES AS ELEMENTS OF COOPERATION. (a) In General.--Chapter 201 of title 18, United States Code, is amended by inserting after section 3013 the following: ``Sec. 3014. Preservation of fundamental legal protections and rights in the context of investigations and enforcement matters regarding organizations ``(a) Definitions.--In this section: ``(1) Attorney-client privilege.--The term `attorney-client privilege' means the attorney-client privilege as governed by the principles of the common law, as they may be interpreted by the courts of the United States in the light of reason and experience, and the principles of article V of the Federal Rules of Evidence. ``(2) Attorney work product.--The term `attorney work product' means materials prepared by or at the direction of an attorney in anticipation of litigation, particularly any such materials that contain a mental impression, conclusion, opinion, or legal theory of that attorney. ``(b) In General.--In any Federal investigation or criminal or civil enforcement matter, an agent or attorney of the United States shall not-- ``(1) demand, request, or condition treatment on the disclosure by an organization, or person affiliated with that organization, of any communication protected by the attorney- client privilege or any attorney work product; ``(2) condition a civil or criminal charging decision relating to a organization, or person affiliated with that organization, on, or use as a factor in determining whether an organization, or person affiliated with that organization, is cooperating with the Government-- ``(A) any valid assertion of the attorney-client privilege or privilege for attorney work product; ``(B) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of that organization; ``(C) the entry into a joint defense, information sharing, or common interest agreement with an employee of that organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; ``(D) the sharing of information relevant to the investigation or enforcement matter with an employee of that organization; or ``(E) a failure to terminate the employment of or otherwise sanction any employee of that organization because of the decision by that employee to exercise the constitutional rights or other legal protections of that employee in response to a Government request; or ``(3) demand or request that an organization, or person affiliated with that organization, not take any action described in paragraph (2). ``(c) Inapplicability.--Nothing in this Act shall prohibit an agent or attorney of the United States from requesting or seeking any communication or material that such agent or attorney reasonably believes is not entitled to protection under the attorney-client privilege or attorney work product doctrine. ``(d) Voluntary Disclosures.--Nothing in this Act is intended to prohibit an organization from making, or an agent or attorney of the United States from accepting, a voluntary and unsolicited offer to share the internal investigation materials of such organization.''. (b) Conforming Amendment.--The table of sections for chapter 201 of title 18, United States Code, is amended by adding at the end the following: ``3014. Preservation of fundamental legal protections and rights in the context of investigations and enforcement matters regarding organizations.''.

Attorney-Client Privilege Protection Act of 2006 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, from demanding, requesting, or conditioning treatment on the disclosure by an organization (or affiliated person) of any communication protected by the attorney-client privilege or any attorney work product. Prohibits a U.S. agent or attorney from conditioning a civil or criminal charging decision relating to an organization (or affiliated person) on one or more specified actions, or from using one or more such actions as a factor in determining whether an organization or affiliated person is cooperating with the government. Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the attorney-client privilege or privilege for attorney work product; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of the organization; (3) entry into a joint-defense, information-sharing, or common-interest agreement with an employee of the organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; (4) the sharing of relevant information with an employee; or (5) a failure to terminate an employee's employment, or otherwise sanction an employee, because of the employee's decision to exercise his or her constitutional rights or other legal protections in response to a government request. Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action.

A bill to provide appropriate protection to attorney-client privileged communications and attorney work product.

718

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elie Wiesel Genocide and Atrocities Prevention Act of 2018''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that the United States affirms the critical importance of strengthening the United States Government's efforts at atrocity prevention and response through interagency coordination such as the Atrocities Prevention Board (referred to in this section as the ``Board'') or successor entity. In carrying out the work of the Board or successor entity, appropriate officials of the United States Government should-- (1) meet regularly to monitor developments throughout the world that heighten the risk of atrocities; (2) identify any gaps in United States foreign policy concerning regions or particular countries related to atrocity prevention and response; (3) facilitate the development and implementation of policies to enhance the capacity of the United States to prevent and respond to atrocities worldwide; (4) provide the President with recommendations to improve policies, programs, resources, and tools related to atrocity prevention and response; (5) conduct outreach, including consultations, not less frequently than biannually, with representatives of nongovernmental organizations and civil society dedicated to atrocity prevention and response; (6) operate with regular consultation and participation of designated interagency representatives of relevant Federal agencies, executive departments, or offices; and (7) ensure funds are made available for the policies, programs, resources, and tools related to atrocity prevention and response, including through mechanisms such as the Complex Crises Fund or other related accounts. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to-- (1) regard the prevention of genocide and other atrocities as in its national security interests; (2) mitigate threats to United States security by addressing the root causes of insecurity and violent conflict to prevent-- (A) the mass slaughter of civilians; (B) conditions that prompt internal displacement and the flow of refugees across borders; and (C) other violence that wreaks havoc on regional stability and livelihoods; (3) enhance the capacity of the United States to identify, prevent, address, and respond to the drivers of atrocities and violent conflict as part of the United States' humanitarian, development, and strategic interests; and (4) pursue a Government-wide strategy to prevent and respond to the risk of genocide and other atrocities by-- (A) strengthening the diplomatic, risk analysis and monitoring, strategic planning, early warning, and response capacities of the Government; (B) improving the use of foreign assistance to respond early, effectively, and urgently in order to address the root causes and drivers of violence, and systemic patterns of human rights abuses and atrocities; (C) strengthening diplomatic response and the use of foreign assistance to support transitional justice measures, including criminal accountability, for past atrocities; (D) supporting and strengthening local civil society, including human rights defenders and others working to help prevent and respond to atrocities, and protecting their ability to receive support from and partner with civil society at large; (E) promoting financial transparency and enhancing anti-corruption initiatives as part of addressing a root cause of insecurity; and (F) employing a variety of unilateral, bilateral, and multilateral means to prevent and respond to conflicts and atrocities by-- (i) placing a high priority on timely, preventive diplomatic efforts; and (ii) exercising a leadership role in promoting international efforts to end crises peacefully. SEC. 4. TRAINING OF FOREIGN SERVICE OFFICERS IN CONFLICT AND ATROCITIES PREVENTION. Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(D) instruction on recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence, and methods of conflict assessment, peacebuilding, mediation for prevention, early action and response, and transitional justice measures to address atrocities.''; and (2) by adding at the end the following new subsection: ``(d) Definition.--In this section, the term `peacebuilding' means nonviolent activities designed to prevent conflict through-- ``(1) addressing root causes of violence; ``(2) promoting sustainable peace; ``(3) delegitimizing violence as a dispute resolution strategy; ``(4) building capacity within society to peacefully manage disputes, including the capacity of governments to address citizen grievances; and ``(5) reducing vulnerability to triggers that may spark violence.''. SEC. 5. REPORTS. Not later than 180 days after the date of the enactment of this Act and annually thereafter for the following 6 years, the President shall transmit to the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate a report, with a classified annex if necessary, that includes-- (1) a review, in consultation with appropriate interagency representatives, consisting of a detailed description of-- (A) current efforts based on United States and locally identified indicators, including capacities and constraints for Government-wide detection, early warning and response, information-sharing, contingency planning, and coordination of efforts to prevent and respond to situations of genocide and atrocities and other mass violence, such as gender-based violence and violence against religious minorities; (B) recommendations to further strengthen United States capabilities described in subparagraph (A); (C) funding expended by relevant Federal departments and agencies on atrocities prevention activities, including transitional justice measures and the legal, procedural, and resource constraints faced by the Department of State and the United States Agency for International Development throughout respective budgeting, strategic planning, and management cycles to support conflict and atrocities prevention activities in countries identified to be at risk of atrocities; (D) current annual Government global assessments of sources of instability, conflict, and atrocities, the outcomes and findings of such assessments, and, where relevant, a review of activities, and the efficacy of such activities, that the Atrocities Prevention Board or successor entity undertook to respond to sources of instability, conflict, and atrocities; (E) consideration of analysis, reporting, and policy recommendations to prevent and respond to atrocities produced by civil society, academic, and other nongovernmental organizations and institutions; (F) countries and regions at risk of atrocities, including a description of most likely pathways to violence, specific risk factors, potential groups of perpetrators, and at-risk target groups; and (G) instruction on recognizing patterns of escalation and early warning signs of potential atrocities and methods of conflict assessment, peace- building, mediation for prevention, early action and response, and transitional justice measures to address atrocities in the Federal training programs for Foreign Service officers; (2) recommendations to ensure shared responsibility by-- (A) enhancing multilateral mechanisms for preventing atrocities, including strengthening the role of international organizations and international financial institutions in conflict prevention, mitigation, and response; and (B) strengthening regional organizations; (3) implementation status of the recommendations contained in such review; and (4) identification of the Federal departments and agencies and civil society, academic, and nongovernmental organizations and institutions consulted for preparation of such report. SEC. 6. DEFINITION. In this Act, the term ``genocide'' means an offense under subsection (a) of section 1091 of title 18, United States Code, or any substantially similar conduct. Passed the House of Representatives July 17, 2018. Attest: KAREN L. HAAS, Clerk.

Elie Wiesel Genocide and Atrocities Prevention Act of 2018 (Sec. 3) This bill states that it shall be U.S. policy to regard the prevention of genocide and other atrocities as in its national security interests. (Sec. 4) The Foreign Service Act of 1980 is amended to provide for the training of Foreign Service officers in recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence, and methods of conflict assessment, peace building, and early response. (Sec. 5) The President shall report to Congress regarding U.S. actions to prevent and respond to potential genocides and mass atrocities and countries and regions at risk of atrocities, including descriptions of potential perpetrators and target groups.

Elie Wiesel Genocide and Atrocities Prevention Act of 2017

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Fire Safety Right-to-Know Act of 2001''. SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end of subparagraph (N); (B) by striking the period at the end of subparagraph (O) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(P) the fire safety report prepared by the institution pursuant to subsection (h).''; and (2) by adding at the end the following new subsection: ``(h) Disclosure of Fire Safety Standards and Measures.-- ``(1) Fire safety reports required.--Each eligible institution participating in any program under this title shall, beginning in academic year 2001-2002, and each year thereafter, prepare, publish, and distribute, through appropriate publications or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing at least the following information with respect to the campus fire safety practices and standards of that institution: ``(A) A statement that identifies each student housing facility of the institution, and whether or not that facility is equipped with a fire sprinkler system or other fire safety systems, or both. ``(B) Statistics concerning the occurrence on campus, during the 2 preceding calendar years for which data are available, of fires and false fire alarms in student housing facilities. ``(C) For each such occurrence, a statement of the human injuries or deaths and the structural damage caused by the occurrence. ``(D) Information regarding fire alarms, smoke alarms, the presence of adequate fire escape planning or protocols (as defined in local fire codes), rules on portable electrical appliances, smoking and open flames (such as candles), regular mandatory supervised fire drills, and planned and future improvement in fire safety. ``(2) Rule of construction.--Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to fire safety. ``(3) Reports.--Each institution participating in any program under this title shall make periodic reports to the campus community on fires and false fire alarms that are reported to local fire departments in a manner that will aid the prevention of similar occurrences. ``(4) Reports to secretary.--On an annual basis, each institution participating in any program under this title shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(B). The Secretary shall-- ``(A) review such statistics; ``(B) make copies of the statistics submitted to the Secretary available to the public; and ``(C) in coordination with representatives of institutions of higher education, identify exemplary fire safety policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires. ``(5) Definitions.--In this subsection, the term `campus' has the meaning provided in subsection (f)(6).''. SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION. Within one year after the date of enactment of this Act, the Secretary of Education shall prepare and submit to the Congress a report containing-- (1) an analysis of the current status of fire safety systems in college and university facilities, including sprinkler systems; (2) an analysis of the appropriate fire safety standards to apply to these facilities, which the Secretary shall prepare after consultation with such fire safety experts, representatives of institutions of higher education, and other Federal agencies as the Secretary, in the Secretary's discretion, considers appropriate; (3) an estimate of the cost of bringing all nonconforming dormitories and other campus buildings up to current new building codes; and (4) recommendations from the Secretary concerning the best means of meeting fire safety standards in all college facilities, including recommendations for methods to fund such cost.

Campus Fire Safety Right-to-Know Act of 2001 - Amends the Higher Education Act of 1965 to require each eligible institution participating in any program under title IV (Student Assistance) to: (1) prepare, publish, and distribute to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report which discloses specified types of information about that institution's campus fire safety standards and practices; (2) make periodic reports to the campus community on fires and false alarms that are reported to local fire departments, to aid in preventing similar occurrences; and (3) submit annually to the Secretary of Education a copy of statistics on campus occurrences of fires and false fire alarms.Directs the Secretary to: (1) review such statistics; (2) make copies available to the public; (3) identify exemplary fire safety policies, procedures, and practices, and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires; and (4) report to the Congress analyses of the current status of fire safety systems in college and university facilities, and of the appropriate fire safety standards to apply to these facilities, as well as cost estimates and recommendations.

To provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes.

720

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Enforcement Act''. SEC. 2. NO EFFECT ON RIGHTS AND LIABILITIES. Nothing in this Act shall be construed to affect-- (1) the right of an individual or State to receive any child support payment; or (2) the obligation of an individual to pay child support. SEC. 3. INCLUSION IN INCOME OF AMOUNT OF UNPAID CHILD SUPPORT PAYMENTS. (a) In General.--Section 108 of the Internal Revenue Code of 1986 (relating to discharge of indebtedness income) is amended by adding at the end thereof the following new subsection: ``(h) Unpaid Child Support Payments.-- ``(1) In general.--For purposes of this chapter, any taxable unpaid child support payments of a taxpayer for any taxable year shall be treated as amounts includible in gross income of the taxpayer for the taxable year by reason of the discharge of indebtedness of the taxpayer. ``(2) Taxable unpaid child support payments.--For purposes of this subsection, the term `taxable unpaid child support payments' means payments-- ``(A) which were applicable child support payments which the taxpayer was required to pay under a support instrument for the support of a child of the taxpayer, and ``(B) with respect to which the notice requirements of paragraph (3) are met. ``(3) Notice requirements.-- ``(A) In general.--During January of the second calendar year following a calendar year in which there begins a taxable year for which a deduction allowed under section 166(f) was claimed, the eligible taxpayer shall send a notice (in such form as the Secretary may prescribe) to the individual who failed to make payments which contains-- ``(i) the amount of the applicable child support payments for such taxable year, and ``(ii) notice that the individual is required to include such amount in gross income for the taxable year beginning in the preceding calendar year. ``(B) Notice by secretary.--If notice cannot be provided under subparagraph (A) because the address is not known to the eligible taxpayer, the Secretary shall send such notice if the address is available to the Secretary. ``(C) Address unknown.--If notice cannot be provided under subparagraph (A) or (B) because there is no known address, no income shall be included in gross income for any taxable year beginning before the calendar year preceding the calendar year in which such notice may be sent. ``(4) Subsequent payments.--If any payment required to be included in gross income under paragraph (1) is subsequently made, the amount of such payment shall be allowed as a deduction for the taxable year in which such payment is made. ``(5) Definitions.--For purposes of this subsection, the terms `applicable child support payments' and `eligible taxpayer' have the meanings given such terms by section 166(f).'' (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992. SEC. 4. ALLOWANCE OF BAD DEBT DEDUCTION FOR UNPAID CHILD SUPPORT PAYMENTS. (a) In General.--Section 166 of the Internal Revenue Code of 1986 (relating to deduction for bad debts) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Unpaid Child Support Payments.-- ``(1) In general.--In the case of any eligible taxpayer who has any applicable child support payments remaining unpaid as of the close of the taxable year-- ``(A) subsections (a) and (d) shall not apply to such payments, and ``(B) there shall be allowed as a deduction for such taxable year an amount equal to the amount of such payments. ``(2) Per child limitation on deduction.--The aggregate amount allowable as a deduction for any taxable year under paragraph (1) with respect to any child for whom applicable child support payments are required to be paid shall not exceed $5,000. ``(3) Eligible taxpayer.--For purposes of this subsection, the term `eligible taxpayer' means an individual-- ``(A) whose adjusted gross income for the taxable year does not exceed $50,000, ``(B) with respect to whom the amount of applicable child support payments remaining unpaid as of the close of the taxable year is equal to or greater than $500, and ``(C) who meets the identification requirements of paragraph (5). ``(4) Applicable child support payment.-- ``(A) In general.--The term `applicable child support payment' means, with respect to any taxable year of the eligible taxpayer-- ``(i) any periodic payment of a fixed amount, or ``(ii) any payment of a medical or educational expense, insurance premium, or other similar item, which is required to be paid to such taxpayer during such taxable year by an individual under a support instrument meeting the requirements of paragraph (8) for the support of any qualifying child of such individual. ``(B) Qualifying child.--For purposes of this paragraph, the term `qualifying child' means a child of an eligible individual with respect to whom a deduction is allowable under section 151 for the taxable year (or would be so allowable but for paragraph (2) or (4) of section 152(e)) or, while eligible for such deduction, was determined to be disabled under subtitles 2 or 16 of chapter 42. ``(C) Payments must be delinquent for at least entire year.--Any payment described in subparagraph (A) which is required to be made by an individual to an eligible taxpayer shall not be treated as an applicable unpaid child support payment if at least half of the payments which are required to be paid to the eligible taxpayer during the 12-month period ending on the last day of the taxable year are paid. In the case of the 1st taxable year to which this subsection applies to payments from any individual, the preceding sentence shall be applied by substituting `24-month' for `12- month'. ``(D) Coordination with afdc.--The term `applicable child support payment' shall not include any payment the right to which has been assigned to a State under section 402(a)(26) of the Social Security Act (42 U.S.C. 602(a)(26)). ``(5) Identification requirements.--The requirements of this paragraph are met if the eligible taxpayer includes on the return claiming the deduction under this subsection the name, address, and taxpayer identification number of-- ``(A) each child with respect to whom child support payments to which this subsection applies are required to be paid, and ``(B) the individual who was required to make such child support payments. In the case of a failure to provide the information under subparagraph (B), the preceding sentence shall not apply if the eligible taxpayer certifies that any such information is not known. ``(6) Cost-of-living adjustments.--In the case of any taxable year beginning after 1993, the $5,000 amount under paragraph (2), the $50,000 amount under paragraph (3)(A), and the $500 amount under paragraph (3)(B) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, except that section 1(f)(3)(B) shall be applied by substituting `1992' for `1989'. ``(7) Subsequent payments.--If any payment with respect to which a deduction was allowed under paragraph (1) is subsequently made, such payment shall be included in gross income of the eligible taxpayer for the taxable year in which paid. This paragraph shall not apply to any amount if an individual has assigned the right to receive such amount to a State (and the State does not pay such amount to such individual). ``(8) Support instrument.--For purposes of this subsection, a support instrument meets the requirements of this paragraph if it is-- ``(A) a decree of divorce or separate maintenance or a written instrument incident to such a decree, ``(B) a written separation agreement, or ``(C) a decree (not described in subparagraph (A)) of a court or administrative agency requiring a parent to make payments for the support or maintenance of 1 or more children of such parent.'' (b) Deduction for Nonitemizers.--Section 62(a) of such Code is amended by adding at the end thereof the following new paragraph: ``(15) Unpaid child support payments.--The deduction allowed by section 166(f).'' (c) Conforming Amendment.--Section 166(d)(2) of such Code is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'' and by adding at the end thereof the following new subparagraph: ``(C) a debt which is an applicable child support payment under subsection (f).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992. SEC. 5. REDUCTION OF FEDERAL DEBT. Net revenues received in the Treasury pursuant to this Act shall be applied, as provided in appropriation Acts, solely to the retirement of outstanding public debt obligations of the United States and may not be obligated or expended for any other purpose, notwithstanding any other provision of law that does not specifically refer to this section.

Child Support Enforcement Act - Declares that nothing in this Act should be construed to affect the right of an individual or State to receive child support payments or the obligation of an individual to pay child support. Amends the Internal Revenue Code to require any taxable unpaid child support payments of a taxpayer to be treated as amounts includible in gross income by reason of the discharge of indebtedness of the taxpayer. Allows a deduction for subsequently made payments. Allows a nonbusiness bad debt deduction for unpaid child support payments. Limits such deduction to $5,000 per child. Allows such deduction to taxpayers whose gross income does not exceed $5,000 and who are owed payments of at least $500. Requires payments to be delinquent during the entire taxable year. Provides a cost-of-living adjustment for amounts under this Act. Requires subsequent payments to be included in the gross income of the recipient. Requires net revenues from this Act to be applied to the retirement of outstanding public debt obligations.

Child Support Enforcement Act

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Newborns' and Mothers' Health Protection Act of 1996''. SEC. 2. FINDING. Congress finds that-- (1) the length of post-delivery inpatient care should be based on the unique characteristics of each mother and her newborn child, taking into consideration the health of the mother, the health and stability of the infant, the ability and confidence of the mother to care for her infant, the adequacy of support systems at home, and the access of the mother and infant to appropriate follow-up health care; and (2) the timing of the discharge of a mother and her newborn child from the hospital should be made by the attending provider in consultation with the mother. SEC. 3. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOLLOWING BIRTH. (a) In General.--Except as provided in subsection (b), a health plan or an employee health benefit plan that provides maternity benefits, including benefits for childbirth, shall ensure that coverage is provided with respect to a mother who is a participant, beneficiary, or policyholder under such plan and her newborn child for a minimum of 48 hours of in-patient care following a normal vaginal delivery, and a minimum of 96 hours of in-patient care following a caesarean section, without requiring the attending provider to obtain authorization from the health plan or employee health benefit plan in order to keep a mother and her newborn child in the inpatient setting for such period of time. (b) Exception.--Notwithstanding subsection (a), a health plan or an employee health benefit plan shall not be required to provide coverage for post-delivery in-patient care for a mother who is a participant, beneficiary, or policyholder under such plan and her newborn child during the period referred to in subsection (a) if-- (1) a decision to discharge the mother and her newborn child prior to the expiration of such period is made by the attending provider in consultation with the mother; and (2) the health plan or employee health benefit plan provides coverage for post-delivery follow-up care as described in section 4. SEC. 4. POST-DELIVERY FOLLOW-UP CARE. (a) In General.--In the case of a decision to discharge a mother and her newborn child from the inpatient setting prior to the expiration of 48 hours in the case of a normal vaginal delivery or 96 hours in the case of a caesarean section, the health plan or employee health benefit plan shall provide coverage for timely post-delivery care. Such health care shall be provided to a mother and her newborn child by a registered nurse, physician, nurse practitioner, nurse midwife or physician assistant experienced in maternal and child health in-- (1) the home, a provider's office, a hospital, a federally qualified health center, a federally qualified rural health clinic, or a State health department maternity clinic; or (2) another setting determined appropriate under regulations promulgated by the Secretary, in consultation with the Secretary of Health and Human Services, (including a birthing center or an intermediate care facility); except that such coverage shall ensure that the mother has the option to be provided with such care in the home. (b) Timely Care.--As used in subsection (a), the term ``timely post-delivery care'' means health care that is provided-- (1) following the discharge of a mother and her newborn child from the inpatient setting; and (2) in a manner that meets the health care needs of the mother and her newborn child, that provides for the appropriate monitoring of the conditions of the mother and child, and that occurs within the 24- to 72-hour period immediately following discharge. (c) Consistency With State Law.--The Secretary shall, with respect to regulations promulgated under subsection (a) concerning appropriate post-delivery care settings, ensure that, to the extent practicable, such regulations are consistent with State licensing and practice laws. SEC. 5. PROHIBITIONS. (a) Terms and Conditions.--In implementing the requirements of this Act, a health plan or an employee health benefit plan may not-- (1) deny enrollment, renewal, or continued coverage to a mother and her newborn child who are participants, beneficiaries or policyholders based on compliance with this Act; (2) provide monetary incentives to mothers to encourage such mothers to request less than the minimum coverage required under this Act; or (3) provide incentives (monetary or otherwise) to an attending provider to induce such provider to provide treatment in a manner inconsistent with this Act. (b) Providers.--In implementing the requirements of this section, a health plan or an employee health benefit plan may not penalize or otherwise reduce or limit the reimbursement of an attending provider because such provider provided treatment in accordance with this Act. (c) Rule of Construction.--Nothing in this Act shall be construed to require that a mother who is a participant, beneficiary, or policyholder covered under this Act-- (1) give birth in a hospital; or (2) stay in the hospital for a fixed period of time following the birth of her child. SEC. 6. NOTICE. (a) Employee Health Benefit Plan.--An employee health benefit plan shall provide notice to each participant regarding coverage required under this Act in accordance with regulations promulgated by the Secretary. (b) Health Plan.--A health plan shall provide notice to each policyholder regarding coverage required under this Act. (c) Requirements.--Notice required under this section shall be in writing, prominently positioned in, and be transmitted-- (1) in a mailing made within 120 days of the date of enactment of this Act by such plan to the participant or policyholder; and (2) as part of the annual informational packet sent to the participant or policyholder. SEC. 7. APPLICABILITY. (a) Construction.-- (1) In general.--A requirement or standard imposed under this Act on a health plan shall be deemed to be a requirement or standard imposed on the health plan issuer. Such requirements or standards shall be enforced by the State insurance commissioner for the State involved or the official or officials designated by the State to enforce the requirements of this Act. In the case of a health plan offered by a health plan issuer in connection with an employee health benefit plan, the requirements or standards imposed under this Act shall be enforced with respect to the health plan issuer by the State insurance commissioner for the State involved or the official or officials designated by the State to enforce the requirements of this Act. (2) Limitation.--Except as provided in section 8(c), the Secretary shall not enforce the requirements or standards of this Act as they relate to health plan issuers or health plans. In no case shall a State enforce the requirements or standards of this Act as they relate to employee health benefit plans. (b) Rule of Construction.--Nothing in this Act shall be construed to affect or modify the provisions of section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). SEC. 8. ENFORCEMENT. (a) Health Plan Issuers.--Each State shall require that each health plan issued, sold, renewed, offered for sale or operated in such State by a health plan issuer meet the standards established under this Act. A State shall submit such information as required by the Secretary demonstrating effective implementation of the requirements of this Act. (b) Employee Health Benefit Plans.--With respect to employee health benefit plans, the standards established under this Act shall be enforced in the same manner as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). The civil penalties contained in paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 1132(c) (1) and (2)) shall apply to any information required by the Secretary to be disclosed and reported under this section. (c) Failure To Enforce.--In the case of the failure of a State to substantially enforce the standards and requirements set forth in this Act with respect to health plans, the Secretary, in consultation with the Secretary of Health and Human Services, shall enforce the standards of this Act in such State. In the case of a State that fails to substantially enforce the standards set forth in this Act, each health plan issuer operating in such State shall be subject to civil enforcement as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). The civil penalties contained in paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 1132(c) (1) and (2)) shall apply to any information required by the Secretary to be disclosed and reported under this section. (d) Regulations.--The Secretary, in consultation with the Secretary of Health and Human Services, may promulgate such regulations as may be necessary or appropriate to carry out this Act. SEC. 9. DEFINITIONS. As used in this Act: (1) Attending provider.--The term ``attending provider'' shall include the obstetrician-gynecologists, pediatrician, family physician, or other physician attending the mother or newly born child. Such term shall also include any other health care provider who, in accordance with applicable State law, may be primarily responsible for the care of a mother and her newborn child (including nurse midwives and nurse practitioners). (2) Beneficiary.--The term ``beneficiary'' has the meaning given such term under section 3(8) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(8)). (3) Employee health benefit plan.-- (A) In general.--The term ``employee health benefit plan'' means any employee welfare benefit plan, governmental plan, or church plan (as defined under paragraphs (1), (32), and (33) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002 (1), (32), and (33))) that provides or pays for health benefits (such as provider and hospital benefits) for participants and beneficiaries whether-- (i) directly; (ii) through a health plan offered by a health plan issuer as defined in paragraph (4); or (iii) otherwise. (B) Rule of construction.--An employee health benefit plan shall not be construed to be a health plan or a health plan issuer. (C) Arrangements not included.--Such term does not include the following, or any combination thereof: (i) Coverage only for accident, or disability income insurance, or any combination thereof. (ii) Medicare supplemental health insurance (as defined under section 1882(g)(1) of the Social Security Act). (iii) Coverage issued as a supplement to liability insurance. (iv) Liability insurance, including general liability insurance and automobile liability insurance. (v) Workers compensation or similar insurance. (vi) Automobile medical payment insurance. (vii) Coverage for a specified disease or illness. (viii) Hospital or fixed indemnity insurance. (ix) Short-term limited duration insurance. (x) Credit-only, dental-only, or vision- only insurance. (xi) A health insurance policy providing benefits only for long-term care, nursing home care, home health care, community-based care, or any combination thereof. (4) Group purchaser.--The term ``group purchaser'' means any person (as defined under paragraph (9) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(9)) or entity that purchases or pays for health benefits (such as provider or hospital benefits) on behalf of participants or beneficiaries in connection with an employee health benefit plan. (5) Health plan.-- (A) In general.--The term ``health plan'' means any group health plan or individual health plan. (B) Group health plan.--The term ``group health plan'' means any contract, policy, certificate or other arrangement offered by a health plan issuer to a group purchaser that provides or pays for health benefits (such as provider and hospital benefits) in connection with an employee health benefit plan. (C) Individual health plan.--The term ``individual health plan'' means any contract, policy, certificate or other arrangement offered to individuals by a health plan issuer that provides or pays for health benefits (such as provider and hospital benefits) and that is not a group health plan. (D) Arrangements not included.--Such term does not include the following, or any combination thereof: (i) Coverage only for accident, or disability income insurance, or any combination thereof. (ii) Medicare supplemental health insurance (as defined under section 1882(g)(1) of the Social Security Act). (iii) Coverage issued as a supplement to liability insurance. (iv) Liability insurance, including general liability insurance and automobile liability insurance. (v) Workers compensation or similar insurance. (vi) Automobile medical payment insurance. (vii) Coverage for a specified disease or illness. (viii) Hospital or fixed indemnity insurance. (ix) Short-term limited duration insurance. (x) Credit-only, dental-only, or vision- only insurance. (xi) A health insurance policy providing benefits only for long-term care, nursing home care, home health care, community-based care, or any combination thereof. (E) Certain plans included.--Such term includes any plan or arrangement not described in any clause of subparagraph (D) which provides for benefit payments, on a periodic basis, for-- (i) a specified disease or illness, or (ii) a period of hospitalization, without regard to the costs incurred or services rendered during the period to which the payments relate. (6) Health plan issuer.--The term ``health plan issuer'' means any entity that is licensed (prior to or after the date of enactment of this Act) by a State to offer a health plan. (7) Participant.--The term ``participant'' has the meaning given such term under section 3(7) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(7)). (8) Secretary.--The term ``Secretary'' unless otherwise specified means the Secretary of Labor. SEC. 10. PREEMPTION. The provisions of this Act shall not preempt those provisions of State law that require health plans to provide a minimum of 48 hours of in-patient care in the case of a normal vaginal delivery, and 96 hours of in-patient care in the case of a caesarean section, or that require health plans to provide for maternity and pediatric care that is in accordance with guidelines established by the American College of Obstetricians and Gynecologists and the American Academy of Pediatrics, and to provide follow-up care consistent with this Act. SEC. 11. EFFECTIVE DATE. Except as otherwise provided for in this Act, the provisions of this Act shall apply as follows: (1) With respect to health plans, such provisions shall apply to plans offered, sold, issued, renewed, in effect, or operated on or after January 1, 1997. (2) With respect to employee health benefit plans, such provisions shall apply to such plans on the first day of the first plan year beginning on or after January 1, 1997.

Newborns' and Mothers' Health Protection Act of 1996 - Requires health plans and employee health benefit plans that provide maternity (including childbirth) benefits to ensure that coverage is provided for: (1) specified minimum periods after delivery; and (2) certain post-delivery care.

Newborns' and Mothers' Health Protection Act of 1996

722

SECTION 1. FINDINGS. The Congress finds the following: (1) The National Park Service administers Federal parks, monuments, and reservations, to conserve the scenery, the natural and historic objects, and wildlife therein, and provides for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. (2) It is the function of the Federal Aviation Administration to manage the safe and efficient use of the navigable airspace of the United States, as provided for in the Federal Aviation Act of 1958 (49 U.S.C. App. 1301 et seq.). (3) The National Park Service lands in the State of Hawaii, consisting of Kaloko-Honokohau National Historical Park, Kalaupapa National Historical Park, Pu'u honua o Honaunau National Historical Park, Pu'u Kohola Heiau National Historic Site, Haleakala National Park, and Hawaii Volcanoes National Park, are managed for the purposes of wilderness preservation, protecting natural, cultural, historical, and wildlife resources, and for promotion of the public enjoyment and use of these resources. (4) Haleakala and Hawaii Volcanoes National Parks are designated by the United Nations as International Biosphere Reserves because of their internationally significant scenery and plant and animal communities, and furthermore that Hawaii Volcanoes National Park is designated by the United Nations as a World Heritage Site because of the significance of Mauna Loa and Kilauea Volcanoes. (5) In recognition of the values for which National Park Service lands are managed, an above ground level (AGL) minimum altitude of 1,500 feet shall be established for aircraft flying in airspace over certain lands administered by the National Park Service. (6) The auditory and visual intrusion of aircraft flying at low altitudes is the source of public complaint in certain areas administered by the National Park Service. (7) Aircraft flying at low altitudes may pose a potential hazard to wildlife in certain areas administered by the National Park Service. (8) Aircraft flying at low altitudes over large concentrations of migratory birds may pose a potential safety hazard to pilots and passengers in certain areas administered by the National Park Service. (9) The Federal Aviation Administration and National Park Service shall act in cooperation to reduce the incidence of low-flying aircraft, including fixed-wing aircraft, helicopters, ultralight vehicles, balloons, and gliders over National Park Service administered land by complying with the 1,500 feet AGL minimum altitude requirement, and to avoid flying over areas which the National Park Service designates as noise-sensitive, and to respect standoff distances away from areas which the National Park Service designates as primary visitor use areas. SEC. 2. NATIONAL PARK SERVICE RESPONSIBILITIES. The Director of the National Park Service shall be responsible for the following: (1) Identification of specific areas.--Identifying specific areas where low-flying aircraft may constitute an adverse impact on resources and conveying specific information, including annotated maps, which indicate designated flight-free areas and primary visitor use areas, to the Federal Aviation Administration for appropriate action as described in section 3. (2) Low-flying reporting system.--Developing and implementing a standardized reporting system acceptable to the Federal Aviation Administration to document instances of low- flying aircraft over National Park Service administered lands. This reporting system shall provide for transmittal of such documentation in a timely manner to the Honolulu Federal Aviation Administration Flight Standards district office. (3) Training.--Developing training programs and instructional materials for National Park Service personnel to enable them to recognize and report instances of low-flying aircraft in a competent and professional manner. The appropriate training programs of the National Park Service shall expand to incorporate the subject matter into in-service training requirements. The Director of the National Park Service shall seek the assistance of the Federal Aviation Administration to help develop training curricula. (4) Quarterly meeting.--Making personnel available from the National Park Service to meet quarterly with the Federal Aviation Administration and affected pilots to discuss resources management objectives and issues associated with low- flying aircraft. SEC. 3. FEDERAL AVIATION RESPONSIBILITIES. The Administrator of the Federal Aviation Administration shall be responsible for the following: (1) Communication with pilots.--Communicating to pilots the concerns and objectives of the National Park Service about low- flying aircraft in specified areas, using advisories, bulletins, the Federal Aviation Administration publication The Federal Aviation News, the ongoing ``Accident Prevention Program'' for routine pilots' contact, and other means of communications with pilots, and to impress upon pilots that pilot participation is strongly encouraged to ensure protection of resources and the enjoyment of natural areas by the public. (2) Investigations.--Investigating instances of pilot deviations from the Federal Aviation Administration requested minimum altitude over areas, and National Park Service- designated flight-free and primary visitor use areas in lands administered by the National Park Service, and taking action to discourage deviations with the objectives of reducing or eliminating such incidents in these areas. (3) Military aircraft.--Assisting the National Park Service in communicating with the various agencies of the Department of Defense with regard to military aircraft operations over National Park Service administered areas. (4) Availability of status and results of investigations.-- Making available to the National Park Service, at the Federal Aviation Administration Flight Standards district office, the status and results of the Federal Aviation Administration's investigation of instances reported by the National Park Service. (5) Support of aviation groups.--Enlisting the support of all aviation groups and organizations by requesting they disseminate information about problems associated with aircraft operating at low altitudes over areas administered by the National Park Service. (6) Meetings with national park service.--Assisting the National Park Service in combating problems associated with low-flying aircraft by participating in appropriate meetings at field and regional levels. SEC. 4. FLIGHT RESTRICTION DESIGNATIONS. (a) Kaloko Honokohau, Pu'u honua o Honaunau, Pu'u kohola Heiau, and Kalaupapa National Historical Parks.--Inasmuch as Kaloko Honokohau, Pu'u honua o Honaunau, Pu'u kohola Heiau, and Kalaupapa National Historical Parks are mandated to protect historical, cultural, and religious values, and other resources considered sacred to Hawaiian people, all, in their entirety are considered noise-sensitive and shall not be overflown by commercial tour aircraft. Commercial fixed-wing aircraft which are not on scenic tours may overfly Kaloko Honokohau when it is unsafe to use alternative approaches to Keahole Airport. Furthermore, inasmuch as those areas are small and are entirely primary visitor use areas, scenic tour aircraft shall maintain a 2-mile standoff distance. (b) Haleakala National Park.--Inasmuch as Haleakala National Park is mandated to protect natural and cultural resources, and especially rare and endangered plant and animal species, magnificent scenery, and tranquil and unique wilderness, the Crater District and Kipahulu Valley, including adjacent rain forest areas within the Park, in their entirety, are considered noise-sensitive and shall not be overflown. Furthermore, inasmuch as the overlook near the Sliding Sands trailhead is a primary visitor use area where people often are assembled on the ground, a two-mile stand-off distance shall be maintained. (c) Hawaii Volcanoes National Park.--Inasmuch as Hawaii Volcanoes National Park is mandated to protect natural and cultural resources, and especially rare and endangered plant and animal species, magnificent scenery, and tranquil and unique wilderness, the designated wilderness areas, in their entirety, consisting of Mauna Loa, Ola's Forest, East Rift, and Kau Desert, and the summit of Kilauea, and the coastal area between Ka'aha and Kamoamoa are considered noise-sensitive and shall not be overflown. Furthermore, inasmuch as the Kilauea summit, the Chain of Craters corridor, and the Kamoamoa village sites are primary visitor use areas where people often are assembled on the ground, a 2-mile standoff distance shall be maintained. (d) Minimum Altitude Restriction.--It shall be unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at an altitude of less than 1,500 feet over the surface of any National Park System lands in the State of Hawaii not subject to subsections (a) through (c) of this section. For purposes of this paragraph, the term ``surface'' refers to the highest terrain within such lands which is within 1,500 feet laterally of the route of flight. For purposes of enforcement, the prohibition pursuant to this subsection shall be treated as a requirement established pursuant to section 307 of the Federal Aviation Act of 1958. To provide information to pilots regarding the restrictions established under this subsection, the Administrator of the Federal Aviation Administration shall provide public notice of such restrictions in appropriate Federal Aviation Administration publications as soon as practicable after the enactment of this Act. SEC. 5. FEDERAL AVIATION ADMINISTRATION AND NATIONAL PARK SERVICE JOINT RESPONSIBILITY. The Administrator of the Federal Aviation Administration and the Director of the National Park Service shall jointly be responsible for the following: (1) Additional assessments.--Assess situations in addition to those specified in section 4 where impacts of aircraft operations upon human, cultural, or natural resources are sufficiently serious to warrant consideration of site-specific action by the Federal Aviation Administration to minimize or eliminate the causes of such problems. (2) Informational materials and scientific studies.-- Prepare public informational materials, including printed matter and audio-visual programs, for communication to pilots using existing Federal Aviation Administration pilot-contact meetings and programs, aviation periodicals, and other means of generating pilot understanding of National Park Service resources management objectives. Where appropriate, the Federal Aviation Administration and the National Park Service will share information on techniques of conducting scientific studies and data collection to facilitate understanding of the impact of aircraft operations on affected resources. (3) Procedures.--Work together to define procedures for use at national headquarters and field office levels to address overflight issues over public land areas. SEC. 6. APPLICABILITY OF CERTAIN REGULATIONS TO CERTAIN SIGHTSEEING FLIGHTS. Parts 91 and 135 of title 14 of the Code of Federal Regulations, relating to general operating and flight rules and to air taxi operators and commercial operators, respectively, shall apply to nonstop sightseeing flights that begin and end at the same airport and are conducted within a 25 statute mile radius of the airport.

Requires the Director of the National Park Service (NPS) to: (1) identify areas where low-flying aircraft may constitute an adverse impact on resources and convey specific information, including annotated maps, which indicates designated flight-free areas and primary visitor use areas, to the Federal Aviation Administration (FAA); (2) develop a standardized reporting system acceptable to the FAA to document instances of low-flying aircraft over NPS lands for transmittal to the Honolulu FAA Flight Standards district office; (3) develop training programs and instructional materials enabling NPS personnel to recognize and report instances of low-flying aircraft; and (4) provide for quarterly meetings between NPS personnel and the FAA and affected pilots to discuss resources management objectives and issues associated with low-flying aircraft. (Sec. 3) Requires the FAA Administrator to: (1) communicate with pilots regarding NPS concerns and objectives about low-flying aircraft in specified areas; (2) investigate pilot deviations from the requirements of this Act and take action to discourage such deviations; (3) provide assistance to the NPS in communicating with various agencies in the Department of Defense about military aircraft operations over NPS areas; (4) make the results of such investigation available to the NPS at the FAA Flight Standards district office; (5) enlist the support of all aviation groups and organizations; and (6) participate in appropriate meetings at field and regional levels to assist the NPS in combating problems associated with low-flying aircraft. (Sec. 4) Prohibits the flying of commercial tour aircraft over Kaloko Honokohau, Pu'u honua o Honaunau, Pu'u kohola Heiau, and Kalaupapa National Historical Parks, Haleakala National Park, and Hawaii Volcanoes National Park. Requires scenic tour aircraft to maintain a two-mile standoff distance from such areas. Makes it unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at less than 1,500 feet over the surface of any NPS lands in Hawaii not subject to earlier provisions of this Act. (Sec. 5) Lists joint responsibilities of the Director and the Administrator regarding additional assessments of adverse impacts of aircraft operators, means of generating pilot understanding of NPS resource management objectives, and procedures for addressing public land over-flight issues. (Sec. 6) Makes Federal regulations relating to general operating and flight rules and to air taxi operators and commercial operators applicable to nonstop sightseeing flights that begin and end at the same airport and are conducted within a 25 statute mile radius of the airport.

To provide for the regulation of the airspace over National Park System lands in the State of Hawaii by the Federal Aviation Administration and the National Park Service, and for other purposes.

723

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Telecommunications Act of 1997''. SEC. 2. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY. (a) Amendment.--Title I of the Communications Act of 1934 is amended by inserting after section 11 (47 U.S.C. 161) the following new section: ``SEC. 12. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY. ``(a) Findings.--The Congress finds that-- ``(1) Indian and Alaskan Native people live in some of the most geographically remote areas of the country, with 50 percent of Indian and Alaskan Native people living in Oklahoma, California, South Dakota, Arizona, New Mexico, Alaska, and Washington; ``(2) Indian poverty in reservation areas is 3.9 times the national average rate; ``(3) the average phone penetration rates for rural Native Americans is only 50 percent and actual penetration rates are often much lower; ``(4) what phone service there is in Indian country is often substandard and prohibitively expensive; ``(5) the Telecommunications Act of 1996 establishes a Federal-State Joint Board which issued recommendations on how to make low-cost telephone service affordable to all and to define what is deemed to be `universal service'; ``(6) the Telecommunications Act of 1996 requires the Federal Communications Commission to implement the recommendations from the Joint Board by May 8, 1997; ``(7) the benefits of Federal universal service policies have often not reached Indian country; ``(8) the Federal Government and the States have not historically adequately required telecommunications carriers to provide telecommunications services on Indian lands; and ``(9) the United States recognizes the sovereignty of Indian tribes in relation to the States through a government- to-government relationship, as reflected in the Constitution, treaties, Federal statutes, and the course of dealings of the United States with Indian tribes. ``(b) Policy Required.--Within 120 days after the date of enactment of this section, the Commission shall initiate a proceeding to develop and establish an official policy regarding the relations between the Commission and American Indians, including Alaskan Natives. In establishing such policy, the Commission shall-- ``(1) recognize-- ``(A) the special needs of American Indians, including Alaskan Natives, as determined under subsection (a); ``(B) the sovereign authority of tribal governments; and ``(C) the trust obligations of the United States; ``(2) promote the exercise of sovereign authority of tribal governments over the establishment of communications policies and regulations within their jurisdictions; ``(3) seek to promote Native Americans', including Alaskan Natives', participation in the consumption and provision of telecommunications services; and ``(4) not preclude the opportunity for improved negotiations between tribes and the States. ``(c) Notice Obligations.--The policy established pursuant to subsection (b) shall include procedures for giving Native Americans, including Alaskan Natives, notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted under section 309(j) of bands of frequencies in areas under the jurisdiction of tribal governments. ``(d) Forbearance.--The Commission shall forbear from applying any provision of this Act or any regulation thereunder to the extent that such forbearance-- ``(1) is necessary to ensure compliance with the trust responsibility of the United States; and ``(2) is consistent with the public interest. ``(e) Triennial Review.--The Commission shall review and revise as necessary the policies established pursuant to subsection (b) at least once every 3 years after the establishment of such policies.''. (b) Conforming Amendment.--Section 309(j)(3)(B) of such Act (47 U.S.C. 309(j)(3)(B)) is amended by inserting ``Indian tribes, Alaskan Native villages,'' after ``including''. SEC. 3. ATTAINMENT OF UNIVERSAL SERVICE PRINCIPALS IN INDIAN COUNTRY. Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended-- (1) in subsection (b)-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) Access by native americans.--Because States have not historically exercised the authority to require telecommunications carriers to deliver services on Indian lands, and because of the trust responsibilities of the United States, the responsibility to ensure the delivery of telecommunications and information services to Native Americans, including Alaskan Natives, at just, reasonable, and affordable rates is a Federal responsibility that should be assured by means of the Federal support mechanisms established under this section, taking into account any support mechanisms established by the States.''; and (2) by adding at the end the following new subsection: ``(l) Maintenance of Native American Subscribership and Affordability Data.--The Commission shall prescribe such regulations as are necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications and information services on Indian lands. Such data shall be maintained by the Commission in a form that is easily accessible to the public. The Commission shall periodically review and summarize such data in its annual reports under section 4(k), and shall, on the basis of such review, take such other actions as are necessary to carry out the purposes of this section with respect to the delivery of telecommunications and information services to Native Americans, including Alaskan Natives, at just, reasonable, and affordable rates.''. SEC. 4. INFRASTRUCTURE DEVELOPMENT POLICY INITIATIVES. Section 103 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902) is amended by adding at the end the following new subsection: ``(d) Native American Telecommunications Infrastructure Policy Initiatives.--In carrying out the authority to serve as the President's adviser under subsection (b)(2)(D), the Assistant Secretary and the NTIA shall be responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands.''.

Native American Telecommunications Act of 1997 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to initiate a proceeding to develop and establish an official policy regarding the relations between FCC and American Indians (including Alaskan Natives). Requires the policy to include procedures for giving Native Americans notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted for bands of frequencies in areas under the jurisdiction of tribal governments. Requires a review and revision as necessary of such policies at least every three years. Requires the Federal-State Joint Board and the FCC to include access by Native Americans as a principal for the preservation and advancement of universal service. Requires the FCC to: (1) prescribe regulations necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications and information services on Indian lands; (2) periodically review and summarize such data in its annual reports; and (3) take necessary actions to deliver telecommunications and information services to Native Americans at just, reasonable, and affordable rates. Amends the National Telecommunications and Information Administration Organization Act to make the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands.

Native American Telecommunications Act of 1997

724

SECTION 1. CHANGE IN COMPOSITION, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY. (a) In General.--The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.) is amended by striking section 2 and inserting the following: ``SEC. 2. MEMBERSHIP, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS. ``(a) Membership.-- ``(1) Appointment.--The Board of Directors of the Corporation (referred to in this Act as the `Board') shall be composed of 14 members appointed by the President by and with the advice and consent of the Senate. ``(2) Composition.--The Board shall be composed of 14 members, of whom-- ``(A) 2 members shall be residents of Alabama; ``(B) 2 members shall be residents of Georgia; ``(C) 2 members shall be residents of Kentucky; ``(D) 2 members shall be residents of Mississippi; ``(E) 2 members shall be residents of North Carolina; ``(F) 2 members shall be residents of Tennessee; and ``(G) 2 members shall be residents of Virginia. ``(b) Qualifications.-- ``(1) In general.--To be eligible to be appointed as a member of the Board, an individual-- ``(A) shall be a citizen of the United States; ``(B) shall not be an employee of the Corporation; ``(C) shall have no substantial direct financial interest in-- ``(i) any public-utility corporation engaged in the business of distributing and selling power to the public; or ``(ii) any business that may be adversely affected by the success of the Corporation as a producer of electric power; and ``(D) shall profess a belief in the feasibility and wisdom of this Act. ``(2) Party affiliation.--Not more than 8 of the 14 members of the Board may be affiliated with a single political party. ``(c) Terms.-- ``(1) In general.--A member of the Board shall serve a term of 4 years except that in first making appointments after the date of enactment of this paragraph, the President shall appoint-- ``(A) 5 members to a term of 2 years; ``(B) 6 members to a term of 3 years; and ``(C) 3 members to a term of 4 years. ``(2) Vacancies.--A member appointed to fill a vacancy in the Board occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of that term. ``(3) Reappointment.-- ``(A) In general.--A member of the Board that was appointed for a full term may be reappointed for 1 additional term. ``(B) Appointment to fill vacancy.--For the purpose of subparagraph (A), a member appointed to serve the remainder of the term of a vacating member for a period of more than 2 years shall be considered to have been appointed for a full term. ``(d) Quorum.-- ``(1) In general.--Eight members of the Board shall constitute a quorum for the transaction of business. ``(2) Minimum number of members.-- A vacancy in the Board shall not impair the power of the Board to act, so long as there are 8 members in office. ``(e) Compensation.-- ``(1) In general.--A member of the Board shall be entitled to receive-- ``(A) a stipend of $30,000 per year; and ``(B) travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service under section 5703 of title 5, United States Code. ``(2) Adjustments in stipends.--The amount of the stipend under paragraph (1)(A) shall be adjusted by the same percentage, at the same time and manner, and subject to the same limitations as are applicable to adjustments under section 5318 of title 5, United States Code. ``(f) Chief Executive Officer.-- ``(1) Appointment.--The President, by and with the advice and consent of the Senate, shall appoint a person to serve as chief executive officer of the Corporation. ``(2) Qualifications.--To serve as chief executive officer of the Corporation, a person-- ``(A) shall be a citizen of the United States; ``(B) shall have proven management experience in large, complex organizations; ``(C) shall not be a current member of the Board or have served as a member of the Board within 2 years before being appointed chief executive officer; and ``(D) shall have no substantial direct financial interest in-- ``(i) any public-utility corporation engaged in the business of distributing and selling power to the public; or ``(ii) any business that may be adversely affected by the success of the Corporation as a producer of electric power; and ``(3) Term.-- ``(A) In general.--The chief executive officer shall serve for a term of 4 years. ``(B) Reappointment.--The chief executive officer may be reappointed for additional terms. ``(4) Compensation.-- ``(A) In general.--The chief executive officer shall be entitled to receive-- ``(i) compensation at a rate that does not exceed the annual rate of pay prescribed under Level III of the Executive Schedule under section 5315 of title 5, United States Code; and ``(ii) reimbursement from the Corporation for travel expenses, including per diem in lieu of subsistence, while away from home or regular place of business of the chief executive officer in the performance of the duties of the chief executive officer.''. (b) Current Board Members.--A member of the board of directors of the Tennessee Valley Authority who was appointed before the effective date of the amendment made by subsection (a)-- (1) shall continue to serve as a member until the date of expiration of the member's current term; and (2) may not be reappointed. SEC. 3. EFFECTIVE DATE. The amendments made by this Act take effect, and the additional members of the Board of the Tennessee Valley Authority and Chief Executive Officer shall be appointed so as to commence their terms on, the date that is 90 days after the date of enactment of this Act.

Amends the Tennessee Valley Authority Act of 1933 to: (1) expand from 3 to 14 the membership of the Board of Directors; (2) grant permanent membership to the States of Alabama, Georgia, Kentucky, Mississippi; North Carolina, Tennessee, and Virginia; (3) set Board member compensation at a stipend of $30,000 per year, plus travel expenses; and (4) provide for a Chief Executive Officer appointed by the President, with the advice and consent of the Senate.

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

725

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. 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 which 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. ``(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.--A publicly owned treatment works shall provide to the entities described in subparagraph (B)-- ``(i) for any anticipated discharge, prior notice of that discharge; and ``(ii) for any unanticipated discharge, as soon as practicable, but not later than-- ``(I) for a treatment works with an automated detection system, 2 hours after the discharge begins; and ``(II) for a treatment works without an automated detection system, 12 hours after the discharge begins. ``(B) Notice.--The entities referred to in subparagraph (A) are-- ``(i) the Administrator or, in the case of a State that has a permit program approved under this section, the State; ``(ii) each local health department or, if a local health department does not exist, the State health department; ``(iii) the municipality in which the discharge occurred and each municipality with jurisdiction over waters that may be affected by the discharge; ``(iv) a daily newspaper of general circulation in each county in which a municipality described in clause (iii) is located; and ``(v) the general public through a prominent announcement on a publicly accessible Internet site of the treatment works. ``(C) Contents.--The notice under subparagraph (A) shall include a description of-- ``(i) the volume and state of treatment of the discharge; ``(ii) the date and time of the discharge; ``(iii) the expected duration of the discharge; ``(iv) the steps being taken to contain the discharge, except for a discharge that is a wet weather combined sewer overflow discharge; ``(v) the location of the discharge, with the maximum level of specificity practicable; and ``(vi) the cause for the discharge. ``(5) Follow-up notice requirements.--Each publicly owned treatment works that provides notice under paragraph (4)(B) shall provide to the Administrator (or to the State in the case of a State that has a permit program approved under this section), not later than 5 days after the date on which the publicly owned treatment works provides initial notice, a follow-up notice containing-- ``(A) a more full description of the cause of the discharge; ``(B) the reason for the discharge; ``(C) the period of discharge, including the exact dates and times; ``(D) if the discharge has not been corrected, the anticipated time the discharge is expected to continue; ``(E) the volume of the discharge resulting from the bypass; ``(F) a description of any public access areas that has or may be impacted by the bypass; and ``(G) steps taken or planned to reduce, eliminate, and prevent reoccurrence of the discharge. ``(6) Public availability of notices.-- ``(A) In general.--Not later than 48 hours after providing or receiving a follow-up notice under paragraph (5), as applicable, a publicly owned treatment works and the Administrator (or the State, in the case of a State that has a permit program approved under this section) shall each post the follow-up notice on a publicly accessible, searchable database on the Internet. ``(B) Annual publication.--The Administrator (or the State, in the case of a State that has a permit program approved under this section) shall annually publish and make available to the public a list of each of the treatment works from which the Administrator or the State, as applicable, received a follow-up notice under paragraph (5). ``(7) 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. ``(8) Implementation.--Not later than 180 days after the date of enactment of this subsection, 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. ``(9) Increase in maximum civil penalty for violations occurring after january 1, 2033.--Notwithstanding section 309, in the case of a violation of this subsection occurring on or after January 1, 2033, 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. ``(10) 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.''. SEC. 3. ESTABLISHMENT OF GREAT LAKES CLEANUP FUND. (a) In General.--Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amended-- (1) by redesignating section 519 (33 U.S.C. 1251 note) as section 520; and (2) 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, 2033, 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.''. (b) Conforming Amendment to State Revolving Fund Program.--Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended-- (1) by striking ``There is'' and inserting ``(a) In General.--There is''; and (2) 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 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a publicly owned treatment works (POTW) from performing a discharge (defined as an intentional diversion of waste streams to bypass any portion of a treatment facility which results in a discharge of untreated or partially treated sewage into the Great Lakes) unless: (1) the bypass 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) the bypass does not cause effluent limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility. Requires a POTW to provide prior notice for any anticipated discharge, or notice as soon as practicable for any unanticipated discharge (but no later than two hours after a discharge begins for a POTW with an automated detection system or 12 hours after a discharge begins for a POTW without such system), to: (1) the Administrator of the Environmental Protection Agency (EPA) (or a state if the state has an approved permit program), (2) each local health department (or a state health department if a local department does not exist), (3) the municipality in which a discharge occurred, (4) each municipality with jurisdiction over waters that may be affected, (5) a daily newspaper of general circulation in each county in which such a municipality is located, and (6) the public. Requires a POTW, within five days after such initial notice, to provide follow-up notice regarding the cause of, reason for, dates and times of, anticipated duration of, volume of, public access areas affected by, and steps taken or planned to reduce, eliminate, and prevent recurrence of, the discharge. Requires the Administrator (or a state with an approved permit program) to annually publish and make available to the public a list of the POTWs from which a follow-up notice was received. Includes among prohibited bypasses those resulting in discharges from a POTW that consist of effluent routed around treatment units and blended with effluent from treatment units prior to discharge. Directs the Administrator to establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to comply with this Act. Establishes a maximum civil penalty of $100,000 per day for violations of this Act occurring on or after January 1, 2033. Establishes the Great Lakes Cleanup Fund into which penalties for violations of this Act shall be deposited and from which amounts shall be provided for improving wastewater discharges.

Great Lakes Water Protection Act

726

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breastfeeding Promotion Act''. TITLE I--AMENDMENT TO THE CIVIL RIGHTS ACT OF 1964 SEC. 101. SHORT TITLE. This title may be cited as the ``Pregnancy Discrimination Act Amendments of 2001''. SEC. 102. FINDINGS; PURPOSES. (a) Findings.--Congress finds the following: (1) Women with infants and toddlers are a rapidly growing segment of the labor force today. (2) Statistical surveys of families show that over 50 percent of mothers with children less than 1 year of age are in the labor force. (3) The American Academy of Pediatrics recommends that mothers breastfeed for at least the 1st year of a child's life and that arrangements be made to allow a mother's expressing of milk if mother and child must separate. (4) Research studies show that children who are not breastfed have higher rates of mortality, meningitis, some types of cancers, asthma and other respiratory illnesses, bacterial and viral infections, diarrhoeal diseases, ear infections, allergies, and obesity. (5) Research studies have also shown that breastmilk and breastfeeding have protective effects against the development of a number of chronic diseases, including juvenile diabetes, lymphomas, Crohn's disease, celiac disease, some chronic liver diseases, and ulcerative colitis. (6) Maternal benefits of breastfeeding include a reduced risk for postpartum hemorrhage and decreased risk for developing osteoporosis, ovarian cancer, and premenopausal breast cancer. (7) The health benefits to children from breastfeeding translate into a threefold decrease in parental absenteeism due to infant illness. (8) Congress intended to include breastfeeding and expressing breast milk as protected conduct under the amendment made by the Pregnancy Discrimination Act of 1978 to title VII of the Civil Rights Act of 1964. (9) Although title VII of the Civil Rights Act of 1964, as so amended, applies with respect to ``pregnancy, childbirth, or related medical conditions'', a few courts have failed to reach the conclusion that breastfeeding and expressing breast milk in the workplace are covered by the such title. (b) Purposes.--The purposes of this title are-- (1) to promote the health and well-being of infants whose mothers return to the workplace after childbirth, and (2) to clarify that breastfeeding and expressing breast milk in the workplace are protected conduct under the amendment made by the Pregnancy Discrimination Act of 1978 to title VII of the Civil Rights Act of 1964. SEC. 103. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. Section 701(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(k)) is amended-- (1) by inserting ``(including lactation)'' after ``childbirth'', and (2) by adding at the end the following: ``For purposes of this subsection, the term `lactation' means a condition that may result in the feeding of a child directly from the breast or the expressing of milk from the breast.''. TITLE II--CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN SEC. 201. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN. (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. 45E. CREDIT FOR EMPLOYER EXPENSES INCURRED TO FACILITATE EMPLOYED MOTHERS WHO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN. ``(a) In General.--For purposes of section 38, the breastfeeding promotion and support credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified breastfeeding promotion and support expenditures of the taxpayer for such taxable year. ``(b) Dollar Limitation.--The credit allowable under subsection (a) for any taxable year shall not exceed the product of-- ``(1) $10,000, and ``(2) the number determined by dividing the average number of full-time employees of the taxpayer during the preceding taxable year by 8,000. ``(c) Qualified Breastfeeding Promotion and Support Expenditure.-- For purposes of this section-- ``(1) In general.--The term `qualified breastfeeding promotion and support expenditure' means any amount paid or incurred in connection with a trade or business of the taxpayer-- ``(A) for breast pumps and other equipment specially designed to assist mothers who are employees of the taxpayer to breastfeed or express milk for their children but only if such pumps and equipment meet such standards (if any) prescribed by the Secretary of Health and Human Services, and ``(B) for consultation services to the taxpayer or employees of the taxpayer relating to breastfeeding. ``(2) Costs of other exclusive use property included.--Such term includes any amount paid or incurred for the acquisition or lease of tangible personal property (not described in paragraph (1)(A)) which is exclusively used by mothers who are employees of the taxpayer to breastfeed or express milk for their children unless such property is located in any residence of the taxpayer or any employee of the taxpayer. ``(d) Recapture of Credit.-- ``(1) In general.--If, during any taxable year, any property for which a credit was allowed under this section is disposed of or otherwise ceases to be used by the taxpayer as required by this section, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the recapture percentage of the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under this section with respect to such property. The preceding sentence shall not apply to property leased to the taxpayer. ``(2) Recapture percentage.--For purposes of this subsection, the recapture percentage shall be determined in accordance with the following table: The recapture ``If the recapture event occurs in: percentage is: Year 1............................... 100 Year 2............................... 60 Year 3............................... 30 Year 4 or thereafter................. 0. The references to years in the preceding table are references to the consecutive taxable years beginning with the taxable year in which the property is placed in service by the taxpayer as year 1. ``(3) Certain rules to apply.--Rules similar to the rules of paragraphs (3) and (4), and subparagraphs (B) and (C) of paragraph (5), of section 50(a) shall apply for purposes of this subsection. ``(e) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--For purposes of subsection (b), all persons which are treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single taxpayer, and the dollar amount contained in such subsection shall be allocated among such persons under regulations prescribed by the Secretary. ``(2) Reduction in basis.--Rules similar to the rules of paragraphs (1) and (2) of section 50(c), and section 1016(a)(19), shall apply with respect to property for which a credit is determined under this section. ``(3) Other deductions and credits.--No deduction or credit shall be allowed under any other provision of this chapter with respect to any expenditure for which a credit is determined under this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended-- (A) by striking ``plus'' at the end of paragraph (12), (B) by striking the period at the end of paragraph (13) and inserting ``, plus'', and (C) by adding at the end the following new paragraph: ``(14) the breastfeeding promotion and support credit determined under section 45E(a).'' (2) Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following new paragraph: ``(9) No carryback of section 45e credit before january 1, 2000.--No portion of the unused business credit for any taxable year which is attributable to the credit determined under section 45E may be carried back to a taxable year beginning before January 1, 2000.''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45E. Credit for employer expenses incurred to facilitate employed mothers who breastfeed or express milk for their children.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. TITLE III--SAFE AND EFFECTIVE BREAST PUMPS SEC. 301. SHORT TITLE. This title may be cited as the ``Safe and Effective Breast Pumps Act''. SEC. 302. BREAST PUMPS. (a) Performance Standards.--The Secretary of Health and Human Services shall take such action as may be appropriate to put into effect a performance standard for breast pumps irrespective of the class to which the breast pumps have been classified under section 513 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c). In establishing such standard, the Secretary shall identify those pumps appropriate for use on a regular basis in a place of employment based on the efficiency and effectiveness of the pump and on sanitation factors related to communal use. Action to put into effect a performance standard shall be taken within one year of the date of the enactment of this Act. (b) Compliance Policy Guide.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information respecting breast pumps. TITLE IV--DEFINITION OF MEDICAL CARE IN INTERNAL REVENUE CODE EXPANDED TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES SEC. 401. DEFINITION OF MEDICAL CARE EXPANDED TO INCLUDE BREASTFEEDING EQUIPMENT AND SERVICES. (a) In General.--Paragraph (1) of section 213(d) of the Internal Revenue Code of 1986 (defining medical care) is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by adding at the end the following: ``(E) qualified breastfeeding equipment and services.''. (b) Qualified Breastfeeding Equipment and Services.--Subsection (d) of section 213 of such Code (relating to definitions) is amended by adding at the end the following new paragraph: ``(12) Qualified breastfeeding equipment and services.--For purposes of paragraph (1)(E), the term `qualified breastfeeding equipment and services' means-- ``(A) breast pumps and other equipment specially designed to assist a mother to breastfeed or express milk for her child but only if such pumps and equipment meet such standards (if any) prescribed by the Secretary of Health and Human Services, and ``(B) consultation services relating to breastfeeding.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2000.

Breastfeeding Promotion Act - Title I: Amendment to the Civil Rights Act of 1964 - Pregnancy Discrimination Act Amendments of 2001 - Amends the Civil Rights Act of 1964 to include lactation (including expression of milk) within the definitions of "because of sex" or "on the basis of sex" for purposes of such Act.Title II: Credit for Employer Expenses for Providing Appropriate Environment on Business Premises for Employed Mothers to Breastfeed or Express Milk for Their Children - Amends the Internal Revenue Code (IRC) to allow a limited credit to employers for expenses incurred in enabling employed nursing mothers to breastfeed.Title III: Safe and Effective Breast Pumps - Safe and Effective Breast Pumps Act - Directs the Secretary of Health and Human Services: (1) to put into effect a performance standard for breast pumps irrespective of the class to which the breast pumps have been classified under the Federal Food, Drug, and Cosmetic Act; and (2) to issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information respecting breast pumps.Title IV: Definition of Medical Care in Internal Revenue Code Expanded to Include Breastfeeding Equipment and Services - Expands the IRC definition of medical care to include qualified breastfeeding equipment and services.

To amend the Civil Rights Act of 1964 to protect breastfeeding by new mothers; to provide for a performance standard for breast pumps; and to provide tax incentives to encourage breastfeeding.

727

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Frontline Health Care Act of 2009''. SEC. 2. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM. 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: ``Subpart XI--Frontline Health Care Services ``SEC. 340H. FRONTLINE PROVIDERS LOAN REPAYMENT PROGRAM. ``(a) In General.--The Secretary shall establish and carry out a Frontline Providers Loan Repayment Program (in this section referred to as the `Loan Repayment Program') under which, pursuant to contracts in accordance with this section-- ``(1) the Secretary agrees to make student loan repayments; and ``(2) the individual agrees to serve as a health professional for a period of full-time service of not less than 2 years at a health care facility serving a frontline care scarcity area. ``(b) Eligibility.--To be eligible to participate in the Loan Repayment Program, an individual must-- ``(1) submit an application to participate in the Loan Repayment Program in such form and manner and at such time as specified by the Secretary; and ``(2) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in subsection (d)). ``(c) Participation in Program.-- ``(1) In general.--An individual becomes a participant in the Loan Repayment Program only upon the approval of the Secretary of the individual's application submitted under subsection (b)(1) and the Secretary's acceptance of the contract submitted by the individual under subsection (b)(2). ``(2) Preference.--In awarding contracts under this section, the Secretary shall give preference to applicants who have undertaken training or coursework in interdisciplinary studies. ``(3) Recruitment for interdisciplinary programs.--The Secretary shall-- ``(A) determine the frontline care scarcity areas in which to place contract recipients under this section; and ``(B) in making such determination, give preference to areas with a demonstrated program of interdisciplinary health care, or with demonstrated plans to initiate interdisciplinary approaches to community health care. ``(4) Notice.--The Secretary shall provide written notice to an individual promptly upon the Secretary's approving, under paragraph (1), of the individual's participation in the Loan Repayment Program. ``(d) Contract.--The contract described in this subsection is a written contract between the Secretary and an individual that contains-- ``(1) an agreement that-- ``(A) the Secretary agrees to provide the individual with student loan repayment (described in subsection (e)) for a period of time as determined by the Secretary, to pay off debts incurred during the course of the study or program described in subsection (g)(2)(B); and ``(B) the individual agrees-- ``(i) to accept provision of such a student loan repayment to the individual; and ``(ii) to provide frontline care services for a period of full-time service of not less than 2 years at a health care facility serving a frontline care scarcity area; ``(2) a provision that any financial obligation of the United States arising out of a contract entered into under this section and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for student loan repayment under this section; ``(3) a statement of the damages to which the United States is entitled, under subsection (f), for the individual's breach of the contract; and ``(4) such other statements as the Secretary deems appropriate of the rights and liabilities of the Secretary and of the individual, not inconsistent with the provisions of this section. ``(e) Student Loan Repayment.-- ``(1) Amount.--The amount of an annual student loan repayment under this section on behalf of an individual shall be determined by the Secretary, and shall take into consideration the need to pay a sufficient amount to enable recruiting of health care providers into the loan repayment program under this section. ``(2) Payments directly to loan provider.--The Secretary may contract with an individual's loan provider, for the payment to the loan provider, on behalf of the individual, of the amounts of a student loan repayment described in paragraph (1). ``(f) Breach of Contract.--If an individual breaches a written contract under this section by failing to begin such individual's service obligation, or to complete such service obligation, the United States shall be entitled to recover from the individual an amount that is equal to the sum of-- ``(1) the total amount which has been paid to the individual, or on behalf of the individual, under the contract; and ``(2) any amount of interest, as determined by the Secretary. ``(g) Definitions.--In this section: ``(1) The term `frontline care scarcity area' means an area, population group, or facility that-- ``(A) is designated as a health professional shortage area under section 332; or ``(B) is designated by the State in which the area is located as having a shortage of frontline care services. ``(2) The term `frontline care services' means health care services-- ``(A) in the field of general surgery, optometry, ophthalmology, chiropractic, physical therapy, audiology, speech language pathology, pharmacies, public health, podiatric medicine, dietetics, occupational therapy, general pediatrics, respiratory therapy, medical technology, otolaryngology, or radiologic technology; and ``(B) provided by a general surgeon, optometrist, ophthalmologist, chiropractor, physical therapist, audiologist, speech language pathologist, pharmacist, public health professional, podiatric physician, registered dietician, occupational therapist, pediatrician, respiratory therapist, medical technologist, otolaryngologist, or radiologic technologist who has completed an appropriate course of study or program, offered by an accredited institution of higher education in the United States. ``(h) Authorized of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated the following: ``(1) For fiscal year 2010, $78,000,000. ``(2) For fiscal year 2011, $93,000,000. ``(3) For fiscal year 2012, $108,000,000. ``(4) For fiscal year 2013, $123,000,000. ``(5) For fiscal year 2014, $138,000,000. ``(6) For fiscal year 2015, $153,000,000. ``(7) For fiscal year 2016, and each subsequent fiscal year, the amount appropriated for the preceding fiscal year adjusted by one plus the average percentage increase in the costs of health professions education during the prior fiscal year. ``(i) Implementation.--The Secretary shall begin implementation of the loan repayment program under this section within 180 days of the date of the enactment of this section.''.

Access to Frontline Health Care Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish and carry out a Frontline Providers Loan Repayment Program to allow repayment of the student loans of individuals who agree to serve as a health care professionals for two years in a frontline care scarcity area.

To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish a Frontline Providers Loan Repayment Program.

728

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Export Facilitation Act of 2005''. 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) 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 $1,000,000,000, including transportation, port fees, and insurance costs. In December 2001, Cuba purchased approximately $4,300,000 in food and agricultural products. In 2002, Cuba purchased approximately $138,600,000 in food and agricultural products. In 2003, Cuba purchased approximately $256,900,000 in food and agricultural products. In 2004, Cuba purchased approximately $380,000,000 in food and agricultural products. Cuba ranked at the bottom of 226 agricultural export markets for United States companies in 2001; ranked 50th of 226 in 2002; ranked 35th of 219 in 2003; and ranked approximately 25th of 228 in 2004. 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 Treasury Department 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 United States visas 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 for the Department of State 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, late last year 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 under the Trade Sanctions Reform and Export Enhancement Act of 2000 to Cuba. (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 this country 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. (8) Trademarks and trade names are vital assets of the United States companies that export branded food products, including those who today or in the future may sell such products to Cuba under the Trade Sanctions Reform and Export Enhancement Act of 2000. Hundreds of United States companies have registered their trademarks in Cuba in order to ensure the exclusive right to use those trademarks when the United States trade embargo on that country is lifted. Moreover, following the enactment of the Trade Sanctions Reform and Export Enhancement Act of 2000, many United States companies are today exporting branded food products to Cuba where they hope to establish their brands with Cuban purchasers in order to benefit from current sales under the Trade Sanctions Reform and Export Enhancement Act of 2000, as well as position themselves for the larger post-embargo market for United States goods in Cuba. (9) Sales to Cuba of branded products of United States companies contribute to the livelihoods of American workers and the balance sheets of United States businesses. Those sales depend on the security of United States trademarks and trade names protected in Cuba by reciprocal treaties and agreements for the protection of intellectual property. Among such treaties and agreements are the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Inter- American Convention for Trademark and Commercial Protection. (10) The United States District Court for the Southern District of New York ruled that section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 abrogates, with respect to Cuba, the Inter-American Convention on Trademarks and Commercial Protection. The court's ruling was affirmed by the United States Court of Appeals for the Second Circuit. (11) Cuba's international remedy under customary international law (as codified by Article 60 of the 1969 Vienna Convention on Treaties), for a breach by the United States of the Inter-American Convention, is to suspend or revoke the protections Cuba currently affords United States trademarks and trade names. (12) In order to preserve the rights of United States nationals holding trademarks in Cuba, including those engaged in authorized sales under the Trade Sanctions Reform and Export Enhancement Act of 2000 now and in the future, the United States must repeal section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 and the United States must comply with all treaty obligations owed Cuba as they relate to trademarks and trade names. (b) Purpose.--The purpose of this Act is to remove impediments to present and future sales of United States agricultural products to Cuba under the Trade Sanctions Reform and Export Enhancement Act of 2000 and to otherwise facilitate such sales. SEC. 3. TRAVEL TO CUBA IN CONNECTION WITH AUTHORIZED SALES ACTIVITIES. Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209) is amended by inserting after subsection (b) the following: ``(c) General License Authority for Travel-Related Expenditure in Cuba by Persons Engaging in TSREEA of 2000 Sales and Marketing Activities in That Country and TSREEA-Related 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 activities undertaken in connection with sales and marketing, including the organization and participation in product exhibitions, and the transportation by sea or air of products pursuant to this Act. ``(2) Definitions.--In this subsection, 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. The term `sales activities' includes exhibiting, negotiating, marketing, surveying the market, and delivering and servicing products pursuant to this Act. Persons authorized to travel to Cuba under this section include full-time employees, executives, sales agents and consultants of producers, manufacturers, distributors, shippers, United States air and sea ports, and carriers of products authorized for sale pursuant to this Act, as well as exhibitors and representatives and members of national and State trade organizations that promote the interests of producers and distributors 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. SENSE OF CONGRESS THAT VISAS SHOULD BE ISSUED. (a) Sense of Congress.--It is the sense of Congress that the Secretary of State should issue visas for temporary entry into the United States of Cuban nationals 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. (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 International Relations 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 TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000. Section 908(b)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)) is amended by inserting after subparagraph (B) the following: ``(C) Notwithstanding any other provision of law, the term `payment of cash in advance' means 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. 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. SEC. 7. ADHERENCE TO INTERNATIONAL AGREEMENTS FOR THE MUTUAL PROTECTION OF INTELLECTUAL PROPERTY, INCLUDING REPEAL OF SECTION 211. (a) Repeal of Prohibition on Enforcement of Rights to Certain United States Intellectual Properties and Transfer of Such Properties.-- (1) Repeal.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-2688) is repealed. (2) Regulations.--The Secretary of the Treasury shall promulgate such regulations as are necessary to carry out the repeal made by paragraph (1), including removing any prohibition on transactions or payments to which subsection (a)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 applied. (3) Further regulations.--The Secretary of the Treasury shall amend the Cuban Assets Control Regulations (part 515 of title 31, Code of Federal Regulations) to authorize under general license the transfer or receipt of any trademark or trade name subject to United States law in which a designated national has an interest. The filing and prosecution of opposition and infringement proceedings related to any trademark or trade name in which a designated national has an interest and the prosecution of any defense to such proceedings shall also be authorized by general license.

Agricultural Export Facilitation Act of 2005 - 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 specified in the Code of Federal Regulations, for travel to, from, or within Cuba in connection with activities undertaken in connection with sales and marketing, including the organization and participation in product exhibitions, and the transportation by sea or air of products pursuant to this Act. Expresses the sense of Congress that the Secretary of State should issue visas for temporary entry into the United States of Cuban nationals 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. 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. Repeals the ban in the Department of Commerce and Related Agencies Appropriations Act, 1999 on certain transactions with respect to intellectual property in which the Cuban Government or a Cuban national has an interest regarding a mark or trade or commercial name that is the same as or substantially similar to one that was used in connection with a business or assets that were confiscated, unless the original owner or successor-in-interest has expressly consented. Requires the Secretary of the Treasury to amend the Cuban Asset Control regulations to authorize under general license the transfer or receipt of any trademark or trade name subject to U.S. law in which a designated national has an interest.

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

729

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Abuse Accountability Act''. SEC. 2. GARNISHMENT AUTHORITY. (a) Civil Service Retirement System.--Section 8345(j) of title 5, United States Code, is amended-- (1) by amending paragraph (1) to read as follows: ``(j)(1)(A) Payments under this subchapter that would otherwise be made to an employee, Member, or annuitant based on service of that individual shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of-- ``(i) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or ``(ii) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered for physically or sexually abusing a child against such employee, Member, or annuitant. ``(B) Any payment under this paragraph to a person bars recovery by any other person. ``(C) If the Office is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.''; (2) in paragraph (2) by inserting ``other legal process,'' after ``order,''; and (3) by amending paragraph (3) to read as follows: ``(3) For the purpose of this subsection-- ``(A) the term `court' means any court of a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court; ``(B) the term `judgment rendered for physically or sexually abusing a child' means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical abuse or sexual abuse of a child, whether or not that physical abuse or sexual abuse is accompanied by other actionable wrongdoing, such as sexual exploitation, gross negligence, or emotional abuse; and ``(C) the term `child' means an individual under 18 years of age.''. (b) Federal Employees' Retirement System.--Section 8467 of title 5, United States Code, is amended-- (1) by amending subsection (a) to read as follows: ``(a)(1) Payments under this chapter that would otherwise be made to an employee, Member, or annuitant (including an employee, Member, or annuitant as defined in section 8331) based on service of that individual shall be paid (in whole or in part) by the Office or the Executive Director, as the case may be, to another person if and to the extent expressly provided for in the terms of-- ``(A) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or ``(B) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered for physically or sexually abusing a child against such employee, Member, or annuitant. ``(2) Any payment under this subsection to a person bars recovery by any other person. ``(3) If the Office is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.''; (2) in subsection (b) by inserting ``other legal process,'' after ``order,''; and (3) by adding at the end the following new subsection: ``(c) For the purpose of this section-- ``(1) the term `judgment rendered for physically or sexually abusing a child' means a legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical abuse or sexual abuse of a child, whether or not that physical abuse or sexual abuse is accompanied by other actionable wrongdoing, such as sexual exploitation, gross negligence, or emotional abuse; and ``(2) the term `child' means an individual under 18 years of age.''. SEC. 3. APPLICATION OF AMENDMENTS. The amendments made by this Act shall apply with respect to any decree, order, or other legal process or any notice of agreement received by the Office of Personnel Management on or after the date of enactment of this Act.

Child Abuse Accountability Act - Amends Federal law regarding Federal employees' pensions to provide for the garnishment of retirement annuities of Federal employees for the enforcement of a court order for the payment of monetary damages to victims of sexual or physical abuse.

Child Abuse Accountability Act

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Semiautomatic Assault Weapon Violence Prevention Act of 1993''. SEC. 2. PROHIBITION OF SEMIAUTOMATIC ASSAULT WEAPONS. (a) Definitions.--Section 921(a) of title 18, United States Code, is amended-- (1) in paragraph (28) by striking ```semiautomatic rifle' means any repeating rifle'' and inserting ```semiautomatic firearm' means a repeating firearm''; and (2) by adding at the end the following new paragraph: ``(29) The term `semiautomatic assault weapon'-- ``(A) means-- ``(i) any of the semiautomatic firearms known as-- ``(I) A.A. Arms AP-9; ``(II) Auto-Ordnance Thompson; ``(III) Barrett Light-Fifty; ``(IV) Beretta AR-70; ``(V) Bushmaster Auto Rifle; ``(VI) Calico M-900 and M-950; ``(VII) Cobray, Ingram and RPB MAC-10 and MAC-11; ``(VIII) Colt AR-15 and Sporter; ``(IX) Encom MP-9 and MP-45; ``(X) Fabrique Nationale FN/FAL, FN/LAR, and FNC; ``(XI) Feather AT-9; ``(XII) Federal XP900 and XP450; ``(XIII) Franchi SPAS-12; ``(XIV) Intratec TEC-9 and TEC-22; ``(XV) Israeli Military Industries UZI and Galil; ``(XVI) Iver Johnson Enforcer 3000; ``(XVII) Norinco, Mitchell and Poly Technologies Avtomat Kalashnikovs; ``(XVIII) Steyr AUG; ``(XIX) USAS-12; ``(XX) A.A. Arms AR-9 Rifle; ``(XXI) Advanced Armaments M-15; ``(XXII) Auto-Ordnance Thompson models 27A1 & M-1; ``(XXIII) Barrett Light-Fifty model 82A1; ``(XXIV) Bushmaster Auto Rifle; ``(XXV) Calico M-900 and M-951 Carbines; ``(XXVI) Century MAS-223 Carbine; ``(XXVII) Claridge Hi-Tec Carbine; ``(XXVIII) Colt AR-15 Rifle; ``(XXIX) Colt CAR-15 Carbine; ``(XXX) Colt Sporter Rifle; ``(XXXI) Commando Arms Carbine; ``(XXXII) Demro TAC-1 Carbine; ``(XXXIII) Demro XF-7 Carbine; ``(XXXIV) D MAX Auto Carbine; ``(XXXV) E.A. Co. BH15-A1 and J-15; ``(XXXVI) Eagle Arms EA-15; ``(XXXVII) Federal XC-900/XC-450 Auto Carbine; ``(XXXVIII) Federal Ordnance FAMAS Carbine; ``(XXXIX) Federal Ordnance M-14SA Rifle; ``(XL) Feather AT-9 Auto Carbine; ``(XLI) Goncz High-Tech Carbine; ``(XLII) Grist Mill Mfg. Co. XH-177; ``(XLIII) Iver Johnson Model Delta 786; ``(XLIV) Manchester Arms Commando Mark-9 and Mark-45; ``(XLV) Mandall The TAC-1 Carbine; ``(XLVI) MK 760 Carbine; ``(XLVII) Model `A' Carbine; ``(XLVIII) NuArmCo M-15; ``(XLIX) Olympic Arms CAR Series (AR-15) Rifles; ``(L) Ordinance Design Co. ER-15; ``(LI) P.A.W.S. ZX6 and ZX8 Carbines; ``(LII) PWA Commando; ``(LIII) Ruger Mini-14/5F (folding stock model); ``(LIV) Sendra Corp. XM-15A1-E2; ``(LV) SGW XM-15, BH-15 and XM-17; ``(LVI) Springfield Armory SAR-48; ``(LVII) Springfield Armory BM-59; ``(LVIII) Springfield Armory DR-200 Sporter Rifle; ``(LIX) Springfield Armory SAR-8 and SAR- 4800 Rifles; ``(LX) Springfield Armory Model G3 or SAR- 3; ``(LXI) Springfield Armory MIA Bush/Assault Rifle; ``(LXII) Springfield Armory M-21 Sniper Rifle; ``(LXIII) SWD MAC-11 or M-11 Cobray Carbine; ``(LXIV) Universal 100 Carbine; ``(LXV) Weaver Arms Nighthawk; ``(LXVI) Wilkinson `Terry' Carbine; ``(LXVII) Algimec AGM-1; ``(LXVIII) American Arms AKY39, AKF39 Rifles; ``(LXIX) AP-74; ``(LXX) Armalite AR-10; ``(LXXI) Armalite AR-180; ``(LXXII) Armscorp of America Israeli FN- FAL; ``(LXXIII) Argentine FN-FAL; ``(LXXIV) Australian Automatic Arms SAR Rifle; ``(LXXV) Australian G Series FAL; ``(LXXVI) Avtomat Kalashnikov; ``(LXXVII) Beretta AR70 Rifle; ``(LXXVIII) Beretta BM59 Rifle; ``(LXXIX) CETME G3; ``(LXXX) CIS SR-88; ``(LXXXI) Clayco AKS Rifle; ``(LXXXII) Daewoo Max 1 & Max 2; ``(LXXXIII) Dragunov Sniper Rifle; ``(LXXXIV) Egyptian Maadi AKM; ``(LXXXV) FAMAS MAS 223 Semi-Auto Rifle; ``(LXXXVI) FN-LAR Auto Rifle; ``(LXXXVII) FNC Auto Rifle; ``(LXXXVIII) Galil models AR and ARM Semi- Auto Rifles; ``(LXXXIX) Galil Sporter Rifle; ``(XC) Galil Sniper Rifle; ``(XCI) Heckler & Koch HK-91, 93 & 94 Auto Rifles; ``(XCII) Heckler & Koch SR-9 Rifle; ``(XCIII) Kassnar SA 85M AKM; ``(XCIV) Mitchell AK-47, M-70, M-59 and M- 76 Rifles; ``(XCV) Mitchell Spectre Auto Carbine; ``(XCVI) Norinco AKS, SKS & 56S Rifles; ``(XCVII) Norinco 81MGSm 81S, 84S, 86S, 86S-7, 88SB; ``(XCVIII) Norinco Officer's Nine Carbine; ``(XCIX) Ordnance Design Co. FR-15; ``(C) Poly Tech AK-47S & AKS-762 Rifles; ``(CI) PWA Cinnabdi; ``(CII) Shaanix AK-47, AK-47-56S & 56; ``(CIII) Sig AMT; ``(CIV) Sig PE-57 ``(CV) Sig 500 Series (SG 550/551) ``(CVI) SKS with detachable magazine; ``(CVII) Sterling MK-6 and SAR; ``(CVIII) Steyr AUG Autoloading Rifle; ``(CIX) Uzi Carbine and Mini Carbine; ``(CX) Valmet M-62, M-71, M-76, M-78 Rifles; ``(CXI) Valmet M-82 Bullpup Rifle; ``(CXII) Volunteer Enterprise Commando; ``(CXIII) AMT Lightning 25/22 Rifle; ``(CXIV) Auto-Ordnance Model 1927A-3 Rifle; ``(CXV) Calico M-100 and M-105 Carbines; ``(CXVI) Feather AT-22 Carbine; ``(CXVII) Federal Model XC-220 Carbine; ``(CXVIII) Grendel R-31 Auto Carbine; ``(CXIX) Illinois Arms Co. Model 180 Auto Rifle; ``(CXX) Armscor AK-22 Auto Rifle; ``(CXXI) Armscor Model 1600 Auto Rifle; ``(CXXII) EMF AP-74 Rifle; ``(CXXIII) Erma EM-1 .22 Rifle; ``(CXXIV) Mitchell AK-22 Rifle; ``(CXXV) Mitchell Galil/22 Rifle; ``(CXXVI) Mitchell CAR-15/22 Rifle; ``(CXXVII) Mitchell M-16A-1/22 Rifle; ``(CXXVIII) Mitchell PPS/50 Rifle; ``(CXXIX) Mitchell MAS/22 Rifle; ``(CXXX) Unique F-11; ``(CXXXI) AA Arms AP-9 Assault Pistol; ``(CXXXII) AA Arms P95 Pistol; ``(CXXXIII) Auto-Ordnance Thompson 1927-A5 Pistol; ``(CXXXIV) Bushmaster Auto Pistol; ``(CXXXV) Calico M-950 Pistol; ``(CXXXVI) Calico 100-P and M-110 Auto Pistols (rimfire); ``(CXXXVII) Claridge Hi-Tec Pistol; ``(CXXXVIII) Commando Pistol; ``(CXXXIX) D MAX Auto Pistol; ``(CXL) Encom MK IV Assault Pistol; ``(CXLI) Encom MP-9 & MP-45 Assault Pistols; ``(CXLII) Feather Mini-AT Auto Pistol; ``(CXLIII) Federal XP900/XP450 Pistols; ``(CXLIV) Goncz High-Tech Long Pistol; ``(CXLV) Grendel P-30 and P-31 Auto Pistols (rimfire); ``(CXLVI) Holmes MP-83 Assault Pistol; ``(CXLVII) Holmes MP-22 Assault Pistol (rimfire); ``(CXLVIII) Ingram MAC-10 and MAC-11 Pistols; ``(CXLIX) Intratec TEC-9 Pistol; ``(CL) Intratec Scorpion .22 Auto Pistol (rimfire); ``(CLI) Iver Johnson Enforcer Model 3000 Pistol; ``(CLII) Partisan Avenger Auto Pistol; ``(CLIII) R.P.B. MAC-10 Pistol; ``(CLIV) Scarab Skorpion Auto Pistol; ``(CLV) Sile PAWS pistol; ``(CLVI) Spectre DA pistol; ``(CLVII) S.W.D. Cobray/M-11 (MAC-11) Pistol; ``(CLVIII) Universal Enforcer Pistol; ``(XLIX) Wilkinson `Linda' Pistol; ``(CLX) Australian Automatic Arms SAP Pistol; ``(CLXI) Heckler and Koch SP-89 Pistol; ``(CLXII) Spectre Auto Pistol; ``(CLXIII) Sterling MK-7 Pistol; ``(CLXIV) Uzi Pistol; ``(CLXV) Gilbert USAS-12 Shotgun; ``(CLXVI) Hi-Standard Model 10A Shotgun; ``(CLXVII) Mossberg Model 500 pump-action Ballpup Shotgun; ``(CLXVIII) Striker 12 revolving cylinder Shotgun; ``(CLXIX) Street Sweeper revolving cylinder Shotgun; ``(CLXX) Atchisson Assault 12 ``(CLXXI) Benelli M1 Super 90 Shotgun; ``(CLXXII) Benelli M3 Super 90 Pump/Auto Shotgun; ``(CLXXIII) Benelli 1212-M1 `Master Blaster'; ``(CLXXIV) F.I.E./Franchi SPAS 12 Auto Shotgun; or ``(CLXXV) F.I.E./Franchi LAW 12 Auto Shotgun; ``(ii) a revolving-cylinder shotgun such as or similar to the Street Sweeper or Striker 12; and ``(iii) a semiautomatic firearm designated by the Secretary as a semiautomatic assault weapon under section 931; and ``(B) does not include (among other firearms)-- ``(i) any of the firearms known as-- ``(I) Remington Model 1100 shotgun; ``(II) Remington Model 7400 rifle; ``(III) Mossberg Model 5500 shotgun; ``(IV) HK Model 300 rifle; ``(V) Marlin Model 9 camp carbine; ``(VI) Browning High-Power rifle; or ``(VII) Remington Nylon 66 auto loading rifle; ``(ii) a firearm that is a manually operated bolt action firearm; ``(iii) a lever action firearm; ``(iv) a slide action firearm; or ``(v) a firearm that has been rendered permanently inoperable.''. (b) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(s)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a semiautomatic assault weapon. ``(2) This subsection does not apply with respect to-- ``(A) a transfer to or by, or possession by or under the authority of the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State; ``(B) a lawful transfer or lawful possession of a semiautomatic assault weapon that was lawfully possessed before the effective date of this subsection or, in the case of a semiautomatic firearm that the Secretary designates as a semiautomatic assault weapon pursuant to section 931, before the date on which the designation is made; or ``(C) the transfer or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.''. (c) Designation of Semiautomatic Assault Weapons.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 931. Designation of semiautomatic assault weapons ``(a) In General.--Not later than 180 days after the date of enactment of this section, and annually thereafter, the Secretary, in consultation with the Attorney General, shall determine whether any other semiautomatic firearm (other than a firearm described in section 921(a)(29)(B)) should be designated as a semiautomatic assault weapon in addition to those previously designated by section 921(a)(29)(A) or by the Secretary under this section. ``(b) Criteria.--(1) The Secretary shall by regulation designate as a semiautomatic assault weapon a rifle, pistol, or shotgun that is a semiautomatic firearm and that is described in paragraph (2), (3), (4), or (5). ``(2) A replica or duplicate in any caliber of a semiautomatic firearm described in section 921(a)(29)(A)(i) is a semiautomatic assault weapon. ``(3) A rifle that is a semiautomatic firearm is a semiautomatic assault weapon if it-- ``(A) is not generally recognized as being particularly suitable for or readily adaptable to sporting purposes; ``(B) has an ability to accept a detachable magazine; and ``(C) has at least 2 of the following characteristics: ``(i) A folding or telescoping stock. ``(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon. ``(iii) A bayonet mount. ``(iv) A flash suppressor or threaded barrel designed to accommodate a flash suppressor. ``(v) A grenade launcher. ``(4) A pistol that is a semiautomatic firearm is a semiautomatic assault weapon if it-- ``(A) is not generally recognized as being particularly suitable for or adaptable to sporting purposes; and ``(B) has an ability to accept a detachable magazine; and ``(C) has at least 2 of the following characteristics: ``(i) An ammunition magazine that attaches to the pistol outside of the pistol grip. ``(ii) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer. ``(iii) A shroud that is attached to or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the second hand without being burned. ``(iv) A manufactured weight of 50 ounces or more when the pistol is unloaded. ``(v) A semiautomatic version of an automatic firearm. ``(5) A shotgun that is a semiautomatic firearm is a semiautomatic assault weapon if it-- ``(A) is not generally recognized as being particularly suitable for or adaptable to sporting purposes; and ``(B) has at least 2 of the following characteristics: ``(i) A folding or telescoping stock. ``(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon. ``(iii) A fixed magazine capacity in excess of 6 rounds. ``(iv) An ability to accept a detachable magazine.''. (2) Technical amendment.--The chapter analysis for chapter 44 of title 18, United States Code, is amended by adding at the end the following new item: ``931. Designation of semiautomatic assault weapons.''. (d) Penalties.--Section 924(a)(1)(B) of title 18, United States Code, is amended by striking ``or 922(q)'' and inserting ``922 (q), (r), or (s)''. (e) Identification Markings for Semiautomatic Assault Weapons.-- Section 923(i) of title 18, United States Code, is amended by adding at the end the following new sentence: ``The serial number of a semiautomatic assault weapon shall clearly show if the weapon was manufactured or imported after the effective date of this sentence.''. HR 3184 IH----2

Semiautomatic Assault Weapon Violence Prevention Act of 1993 - Amends the Federal criminal code to: (1) make it unlawful to transfer or possess a semiautomatic assault weapon; and (2) list weapons classified as semiautomatic assault weapons. Makes this Act inapplicable to the transfer or possession of a weapon: (1) by a Federal or State agency; (2) that was lawfully possessed before this Act's enactment or, in the case of a semiautomatic firearm designated as a semiautomatic assault weapon under this Act, before the designation is made; or (3) by a licensed manufacturer or importer for purposes of authorized testing or experimentation. Directs the Secretary of the Treasury to designate a rifle, pistol, or shotgun that is a semiautomatic firearm and meets specified criteria as a semiautomatic assault weapon. Requires the serial numbers of such weapons to clearly show if they were manufactured or imported after this Act's effective date.

Semiautomatic Assault Weapon Violence Prevention Act of 1993

731

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mother's Day Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) Anna Jarvis, who is considered to be the founder of the modern Mother's Day, was born in Webster, West Virginia on May 1, 1864. (2) A resident of Grafton, West Virginia, Anna Jarvis dedicated much of her adult life to honoring her mother, Anna Reeves Jarvis, who passed on May 9, 1905. (3) In 1908, the Andrews Methodist Episcopal Church of Grafton, West Virginia, officially proclaimed the third anniversary of Anna Reeves Jarvis' death to be Mother's Day. (4) In 1910, West Virginia Governor, William Glasscock, issued the first Mother's Day Proclamation encouraging all West Virginians to attend church and wear white carnations. (5) On May 8, 1914, the Sixty-Third Congress approved H. J. Res. 263 designating the second Sunday in May to be observed as Mother's Day and encouraging all Americans to display the American flag at their homes as a public expression of the love and reverence for the mothers of our Nation. (6) On May 9, 1914, President Woodrow Wilson issued a Presidential Proclamation directing government officials to display the American flag on all government buildings and inviting the American people to display the flag at their homes on the second Sunday of May as a public expression of the love and reverence for the mothers of our nation. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 400,000 $1 coins each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.--The design of the coins minted under this Act shall be emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day. (b) Designation 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.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2014. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge required under section 7(a) for the coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (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) Surcharge Required.--All sales shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) \1/2\ to the Susan G. Komen for the Cure for the purpose of furthering research funded by the organization. (2) \1/2\ to the National Osteoporosis Foundation for the purpose of furthering research funded by the Foundation. (c) Audits.--The Susan G. Komen for the Cure and the National Osteoporosis Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the respective organizations 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 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. Passed the House of Representatives June 10, 2008. Attest: LORRAINE C. MILLER, Clerk.

Mother's Day Centennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 400,000 $1 coins emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day. Authorizes the Secretary to issue such coins beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date. Terminates such minting authority after December 31, 2014. Requires coin sales to include a $10 surcharge per coin, with distribution of such surcharges to the Susan G. Komen for the Cure and the National Osteoporosis Foundation for the purpose of furthering research. Prohibits any surcharge if the coin's issuance would cause the number of commemorative coin programs issued during the year to exceed the annual two commemorative coin program issuance limitation.

To require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of Mother's Day.

732

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Congressionally Mandated Reports Act''. SEC. 2. ESTABLISHMENT OF WEBSITE FOR CONGRESSIONALLY MANDATED REPORTS. (a) Requirement To Establish Website.--Not later than one year after the date of the enactment of this Act, the Director of the Government Publishing Office shall establish and maintain a website accessible by the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place. The Director of the Government Publishing Office may publish other reports on such website. (b) Content and Function.--The Director of the Government Publishing Office shall ensure that the website required under subsection (a) includes the following: (1) With respect to each congressionally mandated report, each of the following: (A) A citation to the statute or conference report requiring the report. (B) An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and that is available to the public without restrictions, including restrictions that would impede the re-use of the information in the report. (C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following: (i) The title of the report. (ii) The reporting Federal agency. (iii) The date of publication. (iv) Each congressional committee receiving the report, if applicable. (v) Subject tags. (vi) The serial number, Superintendent of Documents number, or other identification number for the report, if applicable. (vii) The statute or conference report requiring the report. (viii) Key words. (ix) Full text search. (x) Any other relevant information specified by the Director of the Government Publishing Office. (D) The time and date when the report was required to be submitted, and when the report was submitted, to the website. (E) Access to the report not later than 30 calendar days after its submission to Congress. (F) To the extent practicable, a permanent means of accessing the report electronically. (2) A means for bulk download of all congressionally mandated reports or a selection of reports retrieved using a search. (3) A means for the head of each Federal agency to publish on the website each congressionally mandated report of the agency, as required by section 3. (4) A list form for all congressionally mandated reports that can be searched, sorted, and downloaded by-- (A) reports submitted within the required time; (B) reports submitted after the date on which such reports were required to be submitted; and (C) reports not submitted. (c) Free Access.--The Director of the Government Publishing Office may not charge a fee, require registration, or impose any other limitation in exchange for access to the website required under subsection (a). (d) Upgrade Capability.--The website required under subsection (a) shall be enhanced and updated as necessary to carry out the purposes of this Act. SEC. 3. FEDERAL AGENCY RESPONSIBILITIES. (a) Submission of Electronic Copies of Reports.--The head of each Federal agency shall publish congressionally mandated reports of the agency on the website required under section 2(a)-- (1) in an open format that is platform independent, machine readable, and available to the public without restrictions (except the redaction of information described under section 5), including restrictions that would impede the re-use of the information in the reports; and (2) in accordance with the guidance issued under subsection (c). (b) Submission of Additional Information.--The head of each Federal agency shall submit to the Director of the Government Publishing Office the information required under subparagraphs (A) through (D) of section 2(b)(1) with respect to each congressionally mandated report published pursuant to subsection (a). (c) Guidance.--Not later than eight months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Director of the Government Publishing Office, shall issue guidance to agencies on the implementation of this Act. SEC. 4. REMOVING AND ALTERING REPORTS. A report submitted to be published to the website required under section 2(a) may only be changed or removed, with the exception of technical changes, by the head of the Federal agency concerned with the express, written consent of the chairman of each congressional committee to which the report is submitted. SEC. 5. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT. (a) In General.--Nothing in this Act shall be construed to require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code, or to impose any affirmative duty on the Director of the Government Publishing Office to review congressionally mandated reports submitted for publication to the website established under section 2(a) for the purpose of identifying and redacting such information or records. (b) Redaction of Report.--With respect to each congressionally mandated report, the relevant head of each Federal agency shall redact any information that may not be publicly released under section 552(b) of title 5, United States Code, before submission for publication on the website established under section 2(a), and shall-- (1) redact only such information from the report; (2) identify where any such redaction is made in the report; and (3) identify the exemption under which each such redaction is made. (c) Withholding Information.-- (1) In general.--A Federal agency-- (A) may withhold information otherwise required to be disclosed pursuant to this Act only if-- (i) the Federal agency reasonably foresees that disclosure would harm an interest protected by an exemption described in section 552(b) of title 5, United States Code; or (ii) disclosure is prohibited by law; and (B) shall-- (i) consider whether partial disclosure of information is possible whenever the Federal agency determines that a full disclosure of a requested record is not possible; and (ii) take reasonable steps necessary to segregate and release nonexempt information. (2) Rule of construction.--Nothing in this subsection requires disclosure of information that is otherwise prohibited from disclosure by law, or otherwise exempted from disclosure under section 552(b)(3) of title 5, United States Code. SEC. 6. DEFINITIONS. In this Act: (1) Congressionally mandated report.--The term ``congressionally mandated report'' means a report that is required to be submitted to either House of Congress or any committee of Congress by statute or by a conference report that accompanies legislation enacted into law. (2) Federal agency.--The term ``Federal agency'' has the meaning given that term under section 102 of title 40, United States Code, but does not include the Government Accountability Office. SEC. 7. IMPLEMENTATION. Except as provided in section 3(c), this Act shall be implemented not later than one year after the date of the enactment of this Act and shall apply with respect to congressionally mandated reports submitted to Congress on or after the date occurring one year after such date of enactment.

Access to Congressionally Mandated Reports Act This bill requires the Government Publishing Office (GPO) to establish and maintain a website that provides the public free electronic access to all congressionally mandated reports within 30 calendar days after submission to Congress. Each federal agency shall publish congressionally mandated reports on such website. A report submitted for publication may only be changed or removed, with the exception of technical changes, by the agency concerned with the express, written consent of the chairman of each congressional committee to which the report is submitted. Each agency: (1) must redact from such a report any information that may not be publicly released under the Freedom of Information Act (FOIA), (2) may withhold information otherwise required to be disclosed pursuant to this bill only if the agency reasonably foresees that disclosure would harm an interest protected by FOIA exemptions or if disclosure is prohibited by law, and (3) shall consider whether partial disclosure of information is possible whenever full disclosure is not and take reasonable steps necessary to segregate and release nonexempt information.

Access to Congressionally Mandated Reports Act

733

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Oversight Commission Act of 2008''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the Financial Oversight Commission (hereafter in this Act referred to as the ``Commission''). SEC. 3. PURPOSES. The purposes of the Commission are to-- (1) examine and report upon the facts and causes relating to the financial crisis of 2008; (2) ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the crisis; (3) build upon the investigations of other entities, and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of other executive branch, congressional, or independent commission investigations into the financial crisis of 2008; (4) make a full and complete accounting of the circumstances surrounding the crisis, the private sector and government role in causing the crisis, and the extent of the United States preparedness for, and immediate response to, the crisis; and (5) investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures that can be taken to prevent further economic breakdown. SEC. 4. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President, who shall serve as chairman of the Commission; (2) 1 member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the Democratic Party, in consultation with the leader of the House of Representatives (majority or minority leader, as the case may be) of the Democratic Party, who shall serve as vice chairman of the Commission; (3) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party; (4) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party; (5) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and (6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party. (b) Qualifications; Initial Meeting.-- (1) Political party affiliation.--Not more than 5 members of the Commission shall be from the same political party. (2) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (3) Other qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, financial services, economics, law, public administration, commerce, and foreign markets. (4) Deadline for appointment.--All members of the Commission shall be appointed on or before December 1, 2008. (5) Initial meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable. (c) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 5. FUNCTIONS OF COMMISSION. (a) In General.--The functions of the Commission are to-- (1) conduct an investigation that-- (A) investigates relevant facts and circumstances relating to the financial crisis of 2008, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure; and (B) may include relevant facts and circumstances relating to-- (i) government sponsored enterprises (GSE), including the Federal National Mortgage Association (Fannie Mae), and the Federal Home Loan Mortgage Corporation (Freddie Mac); (ii) the stock market; (iii) the housing market; (iv) credit rating agencies; (v) the financial services sector, including hedge funds, private equity and the insurance industry; (vi) the role of congressional oversight and resource allocation; and (vii) other areas of the public and private sectors determined relevant by the Commission for its inquiry; (2) identify, review, and evaluate the lessons learned from the financial crisis of 2008, regarding the structure, coordination, management policies, and procedures of the Federal Government, and, if appropriate, State and local governments and nongovernmental entities, relative to detecting, preventing, and responding to such financial crises; and (3) submit to the President and Congress such reports as are required by this Act containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations, and reports of the on-going review by the Commission under section 11(c) after the submission of the final investigative report. SEC. 6. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the chairman and the vice chairman; or (II) by the affirmative vote of 6 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under subsections (a), (b), and (c) of section 11. (c) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 8. STAFF OF COMMISSION. (a) In General.-- (1) Appointment and compensation.--The chairman, in consultation with vice chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 9. COMPENSATION AND TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 11. REPORTS OF COMMISSION; CONTINUED REVIEW; TERMINATION. (a) Interim Investigative Reports.--The Commission may submit to the President and Congress interim investigative reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Investigative Report.--Not later than 12 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Continued Review and Reporting.--During the 4-year period following the date of the submission of the final investigative report to the Congress pursuant to subsection (b), the Commission shall continue to review the subjects investigated by the Commission under this Act, and the response of the Congress and the Executive branch to the final investigative report of the Commission as well as conditions in the marketplace, and submit such reports on the findings and recommendations of the Commission as the Commission determines to be appropriate. (d) Termination.--The Commission, and all the authorities of this Act, shall terminate 4 years after the date on which the final investigative report is submitted under subsection (b). SEC. 12. FUNDING. (a) In General.--There is hereby authorized to be appropriated to the Commission such sums as may be necessary for purposes of the carrying out the activities of the Commission under this Act for fiscal years beginning before the termination of the Commission. (b) Duration of Availability.--Amounts appropriated under subsection (a) are authorized to be made available until the termination of the Commission.

Financial Oversight Commission Act of 2008 - Establishes the Financial Oversight Commission to investigate facts and circumstances relating to the financial crisis of 2008, including any relevant legislation, Executive Order, regulation, plan, policy, practice, or procedure that pertains to: (1) government sponsored enterprises (GSEs), including the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac); (2) the stock market; (3) the housing market; (4) credit rating agencies; (5) the financial services sector, including hedge funds, private equity, and the insurance industry; and (6) the role of congressional oversight and resource allocation. Directs the Commission to identify, evaluate, and report to Congress and the President on the lessons learned from the financial crisis regarding the structure, coordination, management policies, and procedures of governmental and nongovernmental entities related to crisis detection, prevention, and response.

To establish the Financial Oversight Commission, and for other purposes.

734

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study the Culture of Violence in America Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the Commission to Study the Culture of Violence in America (hereinafter the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) examine the glorification of violence in the United States; (2) examine the relationship between psychological stress and increased violence; (3) examine the role of the media in the violent atmosphere prevalent today; (4) examine the correlation, if any, between ease of access to firearms and increased violence; (5) examine the role of the school system in identifying potential perpetrators of violence; and (6) make findings and conclusions, and recommend potential solutions (including recommendations for legislation and administrative action) to alleviate the problems of glorification of violence in the United States. SEC. 4. MEMBERSHIP OF COMMISSION. (a) Number and Appointment.--The Commission shall be composed of 22 members (hereinafter the ``members'') who shall be appointed as follows: (1) 10 members appointed by the President. (2) 3 members appointed by the majority leader of the House of Representatives. (3) 3 members appointed by the minority leader of the House of Representatives. (4) 3 members appointed by the majority leader of the Senate. (5) 3 members appointed by the minority leader of the Senate. (b) Qualifications.-- (1) In general.--Members shall have special knowledge of or experience in the issue of violence in America, and may include sociologists, psychologists, clergy, school counselors, law enforcement officials, victims of violence, and representatives from the media and the entertainment and gun industries. (2) Political affiliation.--Political affiliation shall not be a determining factor in the appointment of members. (c) Deadline for Appointment.--Every original member shall be appointed to the Commission not later than 90 days after the date of enactment of this Act. (d) Terms and Vacancies.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Basic Pay.--Members shall not be paid by reason of their service as members. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (g) Quorum.--Nine members shall constitute a quorum for conducting the business of the Commission, but a lesser number may hold hearings. (h) Chairperson.--The members shall elect one member to act as the Chairperson of the Commission (hereinafter the ``Chairperson''). (i) Meetings.--The Commission shall meet at the call of the Chairperson. SEC. 5. STAFF OF COMMISSION. (a) Staff.--The Chairperson may appoint and fix the pay of the Commission personnel as the Chairperson considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (c) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of the department or agency to assist the Commission in carrying out the duties of the Commission. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate to carry out this Act. (b) Powers of Members and Agents.--The Commission may delegate to a member or agency any authority of the Commission under subsection (c) or (e). (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out this Act. Upon request of the Chairperson, the head of the department or agency shall furnish the information to the Commission. (d) 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 duties. (e) Contract Authority.--The Commission may contract with and compensate Government or private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORT OF COMMISSION. The Commission shall transmit a report to the President and the Congress not later than one year after the date that all original members have been appointed to the Commission. The report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission. SEC. 8. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after submitting the report required by section 7.

Commission to Study the Culture of Violence in America Act - Establishes the Commission to Study the Culture of Violence in America to examine the: (1) glorification of violence in the United States; (2) relationship between psychological stress and increased violence; (3) media's role in the violent atmosphere; (4) correlation between ease of access to firearms and increased violence; and (5) role of the school system in identifying potential perpetrators of violence. Directs the Commission to recommend potential solutions to the problems of glorification of violence in the United States.

To establish a commission to study the culture and glorification of violence in America.

735

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Amnesty and Opportunity Act of 2001''. SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN UNDOCUMENTED AND NONIMMIGRANT ALIENS. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 210 the following new section: ``alien worker amnesty ``Sec. 210A. (a) Lawful Permanent Residence.--The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien submits an application and the Attorney General determines that the alien meets the following requirements: ``(1) Presence in united states.--The alien maintained a continuous physical presence in the United States for a period of not less than 10 years immediately prior to the date of the submission of an application under this section. For the purposes of this section an alien shall be considered to have failed to maintain continuous physical presence in the United States for the purposes of this section if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 365 days. ``(2) Qualification.--The alien fulfills at least 1 of the following qualifications: ``(A) Alien sponsored by a labor organization and employed in an occupation with a worker shortage.--The alien is employed in the United States in an occupation which during the 2-year period prior to the date of the submission of an application under this section has experienced a shortage of workers and the application of the alien under this section is sponsored by a labor organization. ``(B) Alien eligible for admission as student at an institution of higher education.--The alien is eligible for admission as a student at an accredited institution of higher education in the United States. ``(C) Age.--The alien has attained the age of 65 years. ``(3) Admissible as immigrant.--The alien is admissible to the United States as an immigrant, except as otherwise provided under subsection (b)(2). ``(b) Waiver of Numerical Limitations and Certain Grounds for Exclusion.-- ``(1) Numerical limitations.--The numerical limitations of sections 201 and 202 shall not apply to the adjustment of aliens to lawful permanent resident status under this section. ``(2) Grounds for exclusion.--With respect to the determination of an alien's admissibility under subsection (a)(3): ``(A) Not applicable.--The provisions of paragraphs (6) and (7) of section 212(a) shall not apply. ``(B) Discretionary.-- ``(i) In general.--Except as provided in clause (ii), in the determination of such an alien's admissibility, the Attorney General may waive any other provision of section 212(a) in the case of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. ``(ii) Grounds that may not be waived.--The following provisions of section 212(a) may not be waived by the Attorney General under clause (i): ``(I) Paragraph (2)(A) and (2)(B) (relating to criminals). ``(II) Paragraph (2)(C) (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marihuana. ``(III) Paragraph (3) (relating to security and related grounds), other than subparagraph (E) thereof. ``(c) Temporary Stay of Exclusion or Deportation for Certain Applicants.--The Attorney General shall provide that in the case of an alien who presents a nonfrivolous application under subsection (a), and until a final determination on the application has been made in accordance with this section, the alien may not be excluded or deported. ``(d) Temporary Work Authorization for Certain Applicants.--An applicant under this section is not entitled to employment authorization, but such authorization may be provided in the discretion of the Attorney General.''. (b) Clerical Amendment.--The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 210 the following new item: ``Sec. 210A. Alien worker amnesty.''.

Worker Amnesty and Opportunity Act of 2001 - Amends the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens who are: (1) alien workers; (2) eligible for admission at a U.S. institution of higher education; or (3) at least 65 years old.

To amend the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens.

736

SECTION 1. SHORT TITLE. This Act may be cited as the ``Double Taxation Elimination and Economic Growth Act of 2003''. SEC. 2. DEDUCTION FOR DIVIDENDS PAID. (a) In General.--Part VIII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to special deductions for corporations) is amended by adding at the end the following new section: ``SEC. 250. DIVIDENDS PAID BY CORPORATIONS. ``(a) In General.--In the case of a domestic corporation, there shall be allowed as a deduction for the taxable year an amount equal to the amount of dividends paid during the taxable year. ``(b) Exceptions.--Subsection (a) shall not apply to-- ``(1) any dividend from-- ``(A) a regulated investment company, ``(B) a real estate investment trust, or ``(C) an S corporation, ``(2) any dividend of a corporation which for the taxable year of the corporation in which the distribution is made is a corporation exempt from tax under section 521 (relating to farmers' cooperative associations), and ``(3) any dividend described in section 404(k). ``(c) Disallowance of Dividends Received Deduction.--In the case of the deduction allowed by subsection (a) with respect to any dividend, no deduction shall be allowed under any other provision of this part with respect to such dividend.''. (b) Clerical Amendment.--The table of sections for part VIII of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 250. Dividends paid by corporations.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 3. DIVIDENDS RECEIVED BY INDIVIDUALS TAXED AT CAPITAL GAIN RATES. (a) In General.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended by adding at the end the following new paragraph: ``(13) Dividends taxed as net capital gain.-- ``(A) In general.--For purposes of this subsection, the term `net capital gain' means net capital gain (determined without regard to this paragraph) increased by qualified dividend income. ``(B) Qualified dividend income.--For purposes of this paragraph, the term `qualified dividend income' means dividends received from domestic corporations during the taxable year other than-- ``(i) any dividend from a corporation which for the taxable year of the corporation in which the distribution is made, or the preceding taxable year, is a corporation exempt from tax under section 501 or 521, ``(ii) any dividend from a real estate investment trust which, for the taxable year in which the dividend is paid, qualified under part II of subchapter M, ``(iii) any amount allowed as a deduction under section 591 (relating to deduction for dividends paid by mutual savings banks, etc.), ``(iv) any dividend described in section 404(k), ``(v) any dividend on any share of stock with respect to which the holding period requirements of section 246(c) are not met, and ``(vi) any dividend which the taxpayer takes into account as investment income under section 163(d)(4)(B). ``(C) Special rule for nonresident aliens.--In the case of a nonresident alien individual, subparagraph (A) shall apply only-- ``(i) in determining the tax imposed for the taxable year pursuant to section 871(b) and only in respect of dividends which are effectively connected with the conduct of a trade or business within the United States, and ``(ii) in determining the tax imposed for the taxable year pursuant to section 877. ``(D) Treatment of dividends from regulated investment companies.-- ``For treatment of dividends from regulated investment companies, see section 854.''. (b) Treatment of Dividends From Regulated Investment Companies.-- (1) Subsection (a) of section 854 of such Code is amended by inserting ``section 1(h)(13) (relating to maximum rate of tax on dividends) and'' after ``For purposes of''. (2) Paragraph (1) of section 854(b) of such Code is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Maximum rate under section 1(h).-- ``(i) In general.--If the aggregate dividends received by a regulated investment company during any taxable year are less than 95 percent of its gross income, then, in computing the maximum rate under section 1(h)(13), rules similar to the rules of subparagraph (A) shall apply. ``(ii) Gross income.--For purposes of clause (i), in the case of 1 or more sales or other dispositions of stock or securities, the term `gross income' includes only the excess of-- ``(I) the net short-term capital gain from such sales or dispositions, over ``(II) the net long-term capital loss from such sales or dispositions.''. (3) Subparagraph (C) of section 854(b)(1) of such Code, as redesignated by paragraph (2), is amended by striking ``subparagraph (A)'' and inserting ``subparagraph (A) or (B)''. (4) Paragraph (2) of section 854(b) of such Code is amended by inserting ``the maximum rate under section 1(h)(13) and'' after ``for purposes of''. (c) Exclusion of Dividends From Investment Income.--Subparagraph (B) of section 163(d)(4) of such Code is amended by adding at the end the following flush sentence: ``Such term shall include qualified dividend income (as defined in section 1(h)(13)(B)) only to the extent the taxpayer elects to treat such income as investment income for purposes of this subsection.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Double Taxation Elimination and Economic Growth Act of 2003 - Amends the Internal Revenue Code to: (1) allow, for a corporation, a deduction for dividends paid; and (2) tax dividends received by individuals as capital gain.

To amend the Internal Revenue Code of 1986 to give a deduction to corporations for dividends paid and to exclude dividends from gross income.

737

SECTION 1. FINDINGS. Congress finds the following: (1) It is in the interest of the United States to maximize economic return from the growing trade in cruise ship sailings to and from Alaska by encouraging the use of United States berthing and repair facilities, labor, supplies, and other services, as well as the growth of new enterprises such as the carriage of passengers on luxury cruises between ports in Alaska. (2) In promoting additional economic benefits to the United States from the cruise ship industry, there is a need to ensure that existing employment and economic activity associated with the Alaska Marine Highway System, United States-flag tour boats operating from Alaska ports, and similar efforts are protected from adverse impacts. (3) Cruise ship sailings to Alaska comprise a vital and growing segment of the United States travel industry. The number of passengers entering or leaving Alaska via cruise ship increased by 14 percent in the last two years alone, and is expected to continue increasing at a similar or higher rate. (4) No United States-flag cruise ships are presently available to enter the Alaska trade. Thus, all cruise ships carrying passengers to and from Alaska destinations are foreign-flag vessels which are precluded, under current law, from carrying passengers from other United States ports to ports in Alaska, and from carrying passengers between ports in Alaska. (5) The City of Vancouver, British Columbia receives substantial economic benefit through providing services to cruise ships in the Alaska trade, including direct and indirect employment of 2,435 persons in 1992, and direct and indirect payments for goods and services of $119,700,000. (6) The transfer of cruise ship-based economic activity from Vancouver, British Columbia to United States ports could, at 1992 spending levels, yield additional Federal Government revenues of $97,600,000 per annum, and additional State and local government revenues of $29,700,000. SEC. 2. FOREIGN FLAG CRUISE VESSELS. (a) Waiver.--Notwithstanding provisions of section 8 of the Act of June 19, 1886 (46 U.S.C. 289), or any other provision of law, passengers may be transported in foreign-flag cruise vessels between ports in Alaska and between ports in Alaska and other United States ports, except as otherwise provided by this section. (b) Coastwise Trade.--Upon a showing satisfactory to the Secretary of Transportation, by the owner or charterer of a United States cruise vessel, that service aboard such vessel qualified to engage in the coastwise trade is being offered or advertised pursuant to a Certificate of Financial Responsibility for Indemnification of Passengers for Nonperformance of Transportation (46 App. U.S.C. 817e) from the Federal Maritime Commission for service in the coastwise trade between ports in Alaska or between ports in Alaska and other ports in the United States, or both, the Secretary shall notify the owner or operator of one or more foreign-flag cruise vessels transporting passengers under authority of this section, if any, that he shall, within one year from the date of notification, terminate such service. Coastwise privileges granted to any owner or operator of a foreign-flag cruise vessel under this section shall expire on the 365th day following receipt of the Secretary's notification. (c) Notification.--Notifications issued by the Secretary under subsection (b) of this section shall be issued to the owners or operators of foreign-flag cruise vessels-- (1) in the reverse of the order in which foreign-flag cruise vessels entered the coastwise service under this section determined by the date of the vessels' first coastwise sailing; and (2) in the minimum number as to ensure that the passenger- carrying capacity thereby removed from coastwise service exceeds the passenger-carrying capacity of the United States cruise vessel which is entering the service. (d) Termination.--If, at the expiration of the 365-day period specified in subsection (b) of this section, the United States cruise vessel that has offered service has not entered the coastwise passenger trade between ports in Alaska or between ports in Alaska and other ports in the United States, then the termination of service required by subsection (b) shall not take effect until 90 days following the entry into trade by the United States vessel. (e) Definitions.--For the purposes of this section, the term-- (1) ``cruise vessel'' means a vessel of greater than 5,000 deadweight tons which provides a full range of luxury entertainment, personal care and food services for its passengers; and (2) ``foreign-flag cruise vessels'' does not apply to vessels which regularly carry for hire both passengers and vehicles or other cargo. (f) Disclaimer.--Nothing in this Act shall be construed as affecting or otherwise modifying the authority contained in the Act of June 30, 1961 (46 U.S.C. 289b) authorizing the transportation of passengers and merchandise in Canadian vessels between ports in Alaska and the United States.

Prescribes guidelines under which passengers may be transported in foreign-flag cruise vessels between ports in Alaska and between ports in Alaska and other U.S. ports.

A bill to increase economic benefits to the United States from the activities of cruise ships visiting Alaska.

738

SECTION 1. SHORT TITLE. This Act may be cited as the ``Copyright Term Extension Act of 1997''. SEC. 2. DURATION OF COPYRIGHT PROVISIONS. (a) Preemption With Respect to Other Laws.--Section 301(c) of title 17, United States Code, is amended by striking ``February 15, 2047'' each place it appears and inserting ``February 15, 2067''. (b) Duration of Copyright: Works Created on or After January 1, 1978.--Section 302 of title 17, United States Code, is amended-- (1) in subsection (a) by striking ``fifty'' and inserting ``70''; (2) in subsection (b) by striking ``fifty'' and inserting ``70''; (3) in subsection (c) in the first sentence-- (A) by striking ``seventy-five'' and inserting ``95''; and (B) by striking ``one hundred'' and inserting ``120''; and (4) in subsection (e) in the first sentence-- (A) by striking ``seventy-five'' and inserting ``95''; (B) by striking ``one hundred'' and inserting ``120''; and (C) by striking ``fifty'' each place it appears and inserting ``70''. (c) Duration of Copyright: Works Created but Not Published or Copyrighted Before January 1, 1978.--Section 303 of title 17, United States Code, is amended in the second sentence by striking ``December 31, 2027'' and inserting ``December 31, 2047''. (d) Duration of Copyright: Subsisting Copyrights.-- (1) Section 304 of title 17, United States Code, is amended-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in subparagraph (B) by striking ``47'' and inserting ``67''; and (II) in subparagraph (C) by striking ``47'' and inserting ``67''; (ii) in paragraph (2)-- (I) in subparagraph (A) by striking ``47'' and inserting ``67''; and (II) in subparagraph (B) by striking ``47'' and inserting ``67''; and (iii) in paragraph (3)-- (I) in subparagraph (A)(i) by striking ``47'' and inserting ``67''; and (II) in subparagraph (B) by striking ``47'' and inserting ``67''; and (B) by amending subsection (b) to read as follows: ``(b) Copyrights in Their Renewal Term.--Any copyright still in its renewal term at the time that the Copyright Term Extension Act of 1997 becomes effective shall endure for a term of 95 years from the date copyright was originally secured.''. (2) Section 102 of the Copyright Renewal Act of 1992 (Public Law 102-307; 106 Stat. 266; 17 U.S.C. 304 note) is amended-- (A) in subsection (c)-- (i) by striking ``47'' and inserting ``67''; (ii) by striking ``(as amended by subsection (a) of this section)''; and (iii) by striking ``effective date of this section'' each place it appears and inserting ``effective date of the Copyright Term Extension Act of 1997''; and (B) in subsection (g)(2) in the second sentence by inserting before the period the following: ``, except each reference to forty-seven years in such provisions shall be deemed to be 67 years''. SEC. 3. REPRODUCTION BY LIBRARIES AND ARCHIVES. Section 108 of title 17, United States Code, is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: ``(h) For purposes of this section, during the last 20 years of any term of copyright of a published work, a library or archives, including a nonprofit educational institution that functions as such, may reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work, or portions thereof, for purposes of preservation, scholarship, or research, if such library or archives has first determined, on the basis of a reasonable investigation, that none of the conditions set forth in paragraphs (1), (2), and (3) apply. No reproduction, distribution, display, or performance is authorized under this subsection if-- ``(1) the work is subject to normal commercial exploitation; ``(2) a copy or phonorecord of the work can be obtained at a reasonable price; or ``(3) the copyright owner or its agent provides notice pursuant to regulations promulgated by the Register of Copyrights that either of the conditions set forth in paragraphs (1) and (2) applies. The exemption provided in this subsection does not apply to any subsequent uses by users other than such library or archives.''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.

Copyright Term Extension Act of 1997 - Amends Federal copyright provisions regarding preemption of laws concerning duration of copyrights. Prohibits the annulment or limitation of rights or remedies under State laws with respect to sound recordings fixed before February 15, 1972, until February 15, 2067 (currently, 2047). Extends the duration of copyright in a work created on or after January 1, 1978, to the life of the author and 70 (currently, 50) years after the author's death. Makes the same extension with regard to joint works created on or after such date. Extends the duration of copyright in anonymous or pseudonymous works or works made for hire on or after such date to 95 (currently, 75) years from the year of the first publication, or 120 (currently, 100) years from the year of creation, whichever expires first. Makes conforming extensions with respect to provisions regarding the presumption of an author's death. Extends from December 31, 2027, to December 31, 2047, the duration of copyright in works published on or before December 31, 2012. Extends the duration of certain subsisting copyright renewals by a period of 20 years. Allows, during the last 20 years of any term of copyright of a published work, a library or archives to reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work for purposes of preservation, scholarship, or research after determining that none of the following conditions apply: (1) the work is subject to normal commercial exploitation; (2) a copy or phonorecord of the work can be obtained at a reasonable price; or (3) the copyright owner or its agent provides notice that either condition above applies. Provides that such exemption does not apply to any subsequent uses by users other than such library or archives.

Copyright Term Extension Act of 1997

739

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cybersecurity Education Enhancement Act of 2005''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY TRAINING PROGRAMS AND EQUIPMENT. (a) In General.--The Secretary of Homeland Security, acting through the Assistant Secretary of Cybersecurity, shall establish, in conjunction with the National Science Foundation, a program to award grants to institutions of higher education (and consortia thereof) for-- (1) the establishment or expansion of cybersecurity professional development programs; (2) the establishment or expansion (or both) of associate degree programs in cybersecurity; and (3) the purchase of equipment to provide training in cybersecurity for either professional development programs or degree programs. (b) Roles.-- (1) Department of homeland security.--The Secretary, acting through the Assistant Secretary and in consultation with the Director of the National Science Foundation, shall establish the goals for the program established under this section and the criteria for awarding grants. (2) National science foundation.--The Director of the National Science Foundation shall operate the program established under this section consistent with the goals and criteria established under paragraph (1), including soliciting applicants, reviewing applications, and making and administering awards. The Director may consult with the Assistant Secretary in selecting awardees. (3) Funding.--The Secretary shall transfer to the National Science Foundation the funds necessary to carry out this section. (c) Awards.-- (1) Peer review.--All awards under this section shall be provided on a competitive, merit-reviewed basis. (2) Focus.--In making awards under this section, the Director shall, to the extent practicable, ensure geographic diversity and the participation of women and underrepresented minorities. (3) Preference.--In making awards under this section, the Director-- (A) shall give preference to applications submitted by consortia of institutions, to encourage as many students and professionals as possible to benefit from the program established under this section; and (B) shall give preference to any application submitted by a consortium of institutions that includes at least one institution that is eligible to receive funds under title III or V of the Higher Education Act of 1965. (d) Institution of Higher Education Defined.--In this section the term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary for carrying out this section $3,700,000 for each of fiscal years 2006 and 2007. SEC. 3. E-SECURITY FELLOWS PROGRAM. (a) Establishment of Program.--Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following: ``SEC. 226. E-SECURITY FELLOWS PROGRAM. ``(a) Establishment.-- ``(1) In general.--The Secretary shall establish a fellowship program in accordance with this section for the purpose of bringing State, local, tribal, and private sector officials to participate in the work of the National Cybersecurity Division in order to become familiar with the Department's stated cybersecurity missions and capabilities, including but not limited to-- ``(A) enhancing Federal, State, local, and tribal government cybersecurity; ``(B) developing partnerships with other Federal agencies, State, local, and tribal governments, and the private sector; ``(C) improving and enhancing public/private information sharing involving cyber attacks, threats, and vulnerabilities; ``(D) providing and coordinating incident response and recovery planning efforts; and ``(E) fostering training and certification. ``(2) Program name.--The program under this section shall be known as the E-Security Fellows Program. ``(b) Eligibility.--In order to be eligible for selection as a fellow under the program, an individual must-- ``(1) have cybersecurity-related responsibilities; and ``(2) be eligible to possess an appropriate national security clearance. ``(c) Limitations.--The Secretary-- ``(1) may conduct up to 2 iterations of the program each year, each of which shall be 180 days in duration; and ``(2) shall ensure that the number of fellows selected for each iteration does not impede the activities of the Division. ``(d) Condition.--As a condition of selecting an individual as a fellow under the program, the Secretary shall require that the individual's employer agree to continue to pay the individual's salary and benefits during the period of the fellowship. ``(e) Stipend.--During the period of the fellowship of an individual under the program, the Secretary shall, subject to the availability of appropriations, provide to the individual a stipend to cover the individual's reasonable living expenses during the period of the fellowship.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: ``Sec. 226. E-Security Fellows Program.''.

Cybersecurity Education Enhancement Act of 2005 - Directs the Secretary of Homeland Security, acting through the Assistant Secretary of Cybersecurity, to establish, in conjunction with the National Science Foundation, a program to award grants to institutions of higher education for: (1) cybersecurity professional development programs; (2) associate degree programs in cybersecurity; and (3) the purchase of equipment to provide training in cybersecurity for either professional development or degree programs. Requires the Director of the National Science Foundation to operate the program. Amends the Homeland Security Act of 2002 to direct the Secretary to establish an e-security fellowship program to bring state, local, tribal, and private sector officials to participate in the work of the National Cybersecurity Division in order to become familar with Department of Homeland Security cybersecurity missions and capabilities.

To authorize the Secretary of Homeland Security to establish a program to award grants to institutions of higher education for the establishment or expansion of cybersecurity professional development programs, and for other purposes.

740

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Protection of Disclosures Act''. SEC. 2. CLARIFICATION OF DISCLOSURES COVERED. Section 2302(b)(8) of title 5, United States Code, is amended-- (1) in subparagraph (A)-- (A) by striking ``which the employee or applicant reasonably believes evidences'' and inserting ``, without restriction as to time, place, form, motive, context, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of an employee's duties, that the employee or applicant reasonably believes is evidence of''; and (B) in clause (i), by striking ``a violation'' and inserting ``any violation''; and (2) in subparagraph (B)-- (A) by striking ``which the employee or applicant reasonably believes evidences'' and inserting ``, without restriction as to time, place, form, motive, context, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of an employee's duties, of information that the employee or applicant reasonably believes is evidence of''; and (B) in clause (i), by striking ``a violation'' and inserting ``any violation (other than a violation of this section)''. SEC. 3. COVERED DISCLOSURES. Section 2302(a)(2) of title 5, United States Code, is amended-- (1) in subparagraph (B)(ii), by striking ``and'' at the end; (2) in subparagraph (C)(iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) `disclosure' means a formal or informal communication, but does not include a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee providing the disclosure reasonably believes that the disclosure evidences-- ``(i) any violation of any law, rule, or regulation; or ``(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.''. SEC. 4. REBUTTABLE PRESUMPTION. Section 2302(b) of title 5, United States Code, is amended by adding at the end the following: ``For purposes of paragraph (8), any presumption relating to the performance of a duty by an employee who has authority to take, direct others to take, recommend, or approve any personnel action may be rebutted by substantial evidence. For purposes of paragraph (8), a determination as to whether an employee or applicant reasonably believes that such employee or applicant has disclosed information that evidences any violation of law, rule, regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety shall be made by determining whether a disinterested observer with knowledge of the essential facts known to or readily ascertainable by the employee or applicant would reasonably conclude that the actions of the Government evidence such violations, mismanagement, waste, abuse, or danger.''. SEC. 5. NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS. (a) Personnel Action.--Section 2302(a)(2)(A) of title 5, United States Code, is amended-- (1) in clause (x), by striking ``and'' at the end; (2) by redesignating clause (xi) as clause (xii); and (3) by inserting after clause (x) the following: ``(xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and''. (b) Prohibited Personnel Practice.--Section 2302(b) of title 5, United States Code, is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period and inserting a semicolon; and (3) by inserting after paragraph (12) the following: ``(13) implement or enforce any nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain the following statement: ```These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code (governing disclosures to Congress by members of the military); section 2302(b)(8) of title 5, United States Code (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 and following) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosures that could compromise national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by such Executive order and such statutory provisions are incorporated into this agreement and are controlling.'; or ``(14) conduct, or cause to be conducted, an investigation, other than any ministerial or nondiscretionary factfinding activities necessary for the agency to perform its mission, of an employee or applicant for employment because of any activity protected under this section.''. SEC. 6. EXCLUSION OF AGENCIES BY THE PRESIDENT. Section 2302(a)(2)(C) of title 5, United States Code, is amended by striking clause (ii) and inserting the following: ``(ii)(I) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency; and ``(II) as determined by the President, any executive agency or unit thereof the principal function of which is the conduct of foreign intelligence or counterintelligence activities, if the determination (as that determination relates to a personnel action) is made before that personnel action; or''. SEC. 7. DISCIPLINARY ACTION. Section 1215(a)(3) of title 5, United States Code, is amended to read as follows: ``(3)(A) A final order of the Board may impose-- ``(i) disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, or reprimand; ``(ii) an assessment of a civil penalty not to exceed $1,000; or ``(iii) any combination of disciplinary actions described under clause (i) and an assessment described under clause (ii). ``(B) In any case in which the Board finds that an employee has committed a prohibited personnel practice under paragraph (8) or (9) of section 2302(b), the Board shall impose disciplinary action if the Board finds that the activity protected under such paragraph (8) or (9) (as the case may be) was the primary motivating factor, unless that employee demonstrates, by a preponderance of the evidence, that the employee would have taken, failed to take, or threatened to take or fail to take the same personnel action, in the absence of such protected activity.''. SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON REVOCATION OF SECURITY CLEARANCES. (a) Requirement.--The Comptroller General shall conduct a study of security clearance revocations, taking effect after 1996, with respect to personnel that filed claims under chapter 12 of title 5, United States Code, in connection therewith. The study shall consist of an examination of the number of such clearances revoked, the number restored, and the relationship, if any, between the resolution of claims filed under such chapter and the restoration of such clearances. (b) Report.--Not later than June 30, 2006, the Comptroller General shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the results of the study required by subsection (a). SEC. 9. EFFECTIVE DATE. This Act shall take effect 30 days after the date of enactment of this Act.

Federal Employee Protection of Disclosures Act - Includes as a protected disclosure by a Federal employee any lawful disclosure an employee or applicant reasonably believes is credible evidence of waste, abuse, or gross mismanagement, without restriction as to time, place, form, motive, context, or prior disclosure. Requires a Government Accountability Office (GAO) study on security clearances revocations taking effect after 1996 with respect to personnel that filed claims in connection with such security clearance revocations.

To amend title 5, United States Code, to clarify which disclosures of information are protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements to the effect that such policies, forms, and agreements are consistent with certain disclosure protections; and for other purposes.

741

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness and Accuracy in Employment Background Checks Act of 2008''. SEC. 2. SAFEGUARDS FOR BACKGROUND CHECKS. (a) In General.--In any exchange of records and information for employment purposes through the records system created under section 534 of title 28, United States Code, the Attorney General shall-- (1) before making the exchange, use reasonable procedures to ensure maximum possible accuracy and completeness of the records and information; (2) at time of getting the consent of the individual inquired about for the inquiry, accord that individual an opportunity to receive a copy of the records and information provided to the inquirer prior to release to the inquirer; (3) provide an opportunity to the individual inquired about to challenge the accuracy and completeness of the records and information provided; (4) investigate each such challenge by contacting the relevant Federal, State, and local law enforcement officials and provide the specific findings and results of that investigation to the individual not later than 30 days after the challenge is made; (5) notify the inquirer of any challenge by the individual to the accuracy or completeness of a record or information and provide to the inquirer a copy of any corrected records or information resulting from the investigation; (6) upon finding that a record or information is inaccurate, incomplete, or cannot be verified, promptly delete that record or information, or correct that record or information, as appropriate and notify each appropriate Federal, State, or local criminal history record repository of that finding; (7) if the disposition of an arrest is not included in the record or information relating to that arrest, obtain that disposition or verify that the arrest has not occurred not later than 5 days after the request for the exchange was made, before reporting that record or information to the requesting entity; and (8) not include any record or information-- (A) about an arrest more than one year old that does not also include a disposition of that arrest if there has been such a disposition; or (B) relating to an adult or juvenile nonserious offense of the sort described in 28 CFR Section 2032(b). (b) Fees.--The Director of the Federal Bureau of Investigation may collect reasonable fees, other from the individual inquired about, to defray the expenses associated with the investigation of missing, inaccurate, or incomplete information. (c) Report.--The Attorney General shall include in an annual report to Congress-- (1) the number of exchanges of records and information for employment purposes made with entities in each State through the records system created under section 534 of title 28, United States Code; (2) the number of such exchanges that included records and information about arrests that did not result in convictions; (3) any failure of a State to comply with the requirement that dispositions of arrests be reported to the Federal Bureau of Investigation not later than 120 days after the failure occurs; (4) the percent of missing arrest dispositions located within the time limit provided in subsection (a)(7); and (5) the results of any challenges to the accuracy and completeness of records and information, including the State where the records and information originated. (d) Regulations on Reasonable Procedures.--Not later than 120 days after the date of the enactment of this Act, the Attorney General shall issue regulations to carry out this Act. (e) Definition.--As used in this section, the term ``for employment purposes'' means for the purpose of screening an individual for employment or occupational licensing , or for any other purpose relating to employment. SEC. 3. REPORT ON ALL THE EMPLOYMENT RESTRICTIONS AND DISQUALIFICATIONS BASED ON CRIMINAL RECORDS REQUIRED BY FEDERAL LAW AND POLICY. (a) In General.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Attorney General shall report to Congress on all the employment restrictions and disqualifications based on criminal records required by Federal law and policy. (b) Identification of Information.--In the report, the Attorney General shall identify-- (1) the job title, occupation, or positions subject to criminal background checks authorized by Federal law; (2) the cause of the disqualification based on a criminal record (statutory, regulatory, policy, or practice) and the substance and terms of the disqualification, including a listing of the disqualifying offenses, the recency of the disqualifying offenses, and the duration of the disqualification; (3) the year the disqualification was adopted and its rationale; (4) the procedures, if any, to appeal, waive or exempt the disqualification based on a showing of rehabilitation or other relevant evidence; (5) the numbers of individuals disqualified pursuant to the applicable law or policy as a result of a criminal record; and (6) the Federal agency with jurisdiction to implement and enforce the applicable employment restrictions or disqualifications.

Fairness and Accuracy in Employment Background Checks Act of 2008 - Requires the Attorney General to: (1) adopt procedures to ensure the accuracy and completeness of federal criminal background records exchanged for employment purposes; and (2) report annually to Congress on all employment restrictions and disqualifications based on criminal records required by federal law and policy.

To provide safeguards with respect to the Federal Bureau of Investigation criminal background checks prepared for employment purposes, and for other purposes.

742

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hiring Incentives to Reinvest and Incentivize New Growth Act of 2010'' or the ``HIRING Act of 2010''. SEC. 2. REFUNDABLE CREDIT FOR INCREASING EMPLOYMENT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36A the following new section: ``SEC. 36B. CREDIT FOR INCREASING EMPLOYMENT. ``(a) In General.--There shall be allowed as a credit against the tax imposed by this subtitle-- ``(1) for any taxable year beginning in 2010, an amount equal to 15 percent of the excess (if any) of-- ``(A) the aggregate wages paid during 2010, over ``(B) the inflation-adjusted wages paid during 2009, and ``(2) for any taxable year beginning in 2011, an amount equal to 10 percent of the excess (if any) of-- ``(A) the aggregate wages paid during 2011, over ``(B) the inflation-adjusted wages paid during 2010. ``(b) Quarterly Advance Payments of Credit.-- ``(1) In general.--The Secretary shall pay (without interest) to each employer for each calendar quarter an amount equal to the credit percentage of the excess (if any) of-- ``(A) the aggregate wages paid by the employer during such quarter, over ``(B) the inflation-adjusted wages paid by the employer during the comparable quarter of the preceding calendar year. ``(2) Credit percentage.--For purposes of paragraph (1), the credit percentage is-- ``(A) 15 percent in the case of the calendar quarters of 2010, and ``(B) 10 percent in the case of the calendar quarters of 2011. ``(3) Reconciliation.-- ``(A) In general.--If there is a payment under paragraph (1) for 1 or more calendar quarters ending with or within a taxable year, then the tax imposed by this chapter for such taxable year shall be increased by the aggregate amount of such payments. ``(B) Reconciliation.--Any increase in tax under subparagraph (A) shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit (other than the credit under subsection (a)) allowable under this part. ``(4) Time for filing claim.--No claim shall be allowed under this subsection with respect to any calendar quarter unless filed on or before the earlier of-- ``(A) the last day of the succeeding quarter, or ``(B) the time prescribed by law for filing the return of tax imposed by this chapter for the taxable year in which or with which such quarter ends. ``(5) Interest.--Notwithstanding paragraph (1), if the Secretary has not paid pursuant to a claim filed under this subsection within 45 days of the date of the filing of such claim (20 days in the case of an electronic claim), the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621. ``(c) Total Wages Must Increase.--The amount of credit allowed under this section for any taxable year shall not exceed the amount which would be so allowed for such year if-- ``(1) the aggregate amounts taken into account as wages were determined without any dollar limitation, and ``(2) 103 percent of the amount of wages otherwise required to be taken into account under subsection (a)(1)(B) or subsection (a)(2)(B), as the case may be, were taken into account. ``(d) Inflation-Adjusted Wages; Wages.--For purposes of this section-- ``(1) Inflation-adjusted wages.-- ``(A) In general.--The term `inflation-adjusted wages' means, for any period-- ``(i) the aggregate wages paid by the employer during such period, increased by ``(ii) an amount equal to the inflation percentage of such wages. ``(B) Inflation percentage.--The inflation percentage is-- ``(i) 3 percent for purposes of determining inflation-adjusted wages for periods during 2009, and ``(ii) 5 percent for purposes of determining inflation-adjusted wages for periods during 2010. ``(2) Wages.-- ``(A) In general.--Except as provided in subparagraph (B), the term `wages' means, with respect to any calendar year, so much of wages (as defined in section 3121(a)) as does not exceed the median household income in the United States for the preceding calendar year. ``(B) Railway labor.--In the case of remuneration subject to the tax imposed by 3201(a), the term `wages' means, with respect to any calendar year, so much of compensation (as defined in section 3231(e)) as does not exceed the median household income in the United States for the preceding calendar year. ``(e) Special Rules.-- ``(1) Adjustments for certain acquisitions, etc.-- ``(A) Acquisitions.--If, after December 31, 2008, an employer acquires the major portion of a trade or business of another person (hereinafter in this subparagraph referred to as the `predecessor') or the major portion of a separate unit of a trade or business of a predecessor, then, for purposes of applying this section for any calendar year ending after such acquisition, the amount of wages deemed paid by the employer during periods before such acquisition shall be increased by so much of such wages paid by the predecessor with respect to the acquired trade or business as is attributable to the portion of such trade or business acquired by the employer. ``(B) Dispositions.--If, after December 31, 2008-- ``(i) an employer disposes of the major portion of any trade or business of the employer or the major portion of a separate unit of a trade or business of the employer in a transaction to which subparagraph (A) applies, and ``(ii) the employer furnishes the acquiring person such information as is necessary for the application of subparagraph (A), then, for purposes of applying this section for any calendar year ending after such disposition, the amount of wages deemed paid by the employer during periods before such disposition shall be decreased by so much of such wages as is attributable to such trade or business or separate unit. ``(2) Change in status from self-employed to employee.-- If-- ``(A) during 2009 or 2010 an individual has net earnings from self-employment (as defined in section 1402(a)) which are attributable a trade or business, and ``(B) for any portion of the succeeding calendar year such individual is an employee of such trade or business, then, for purposes of determining the credit allowable for a taxable year beginning in such succeeding calendar year, the employer's aggregate wages for 2009 or 2010, as the case may be, shall be increased by an amount equal to so much of the net earnings referred to in subparagraph (A) as does not exceed the median household income in the United States for 2009 or 2010, as the case may be. ``(3) Certain other rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 51(f) (relating to remuneration must be for trade or business employment). ``(B) Section 51(k) (relating to treatment of successor employers; treatment of employees performing services for other persons). ``(C) Section 52 (relating to special rules). ``(4) Short taxable years.--If the employer has more than 1 taxable year beginning in 2010 or 2011, the credit under this section shall be determined for the employer's last taxable year beginning in 2010 or 2011, as the case may be. ``(f) Tax-Exempt Employers Treated as Taxpayers.--Solely for purposes of this section and section 6402, employers exempt from tax under section 501(a) shall be treated as taxpayers.''. (b) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``36B(a),'' before ``45A(a)''. (c) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36B,'' after ``36A,''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36A the following new item: ``Sec. 36B. Credit for increasing employment.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. (e) Notice of Availability of Credit.--The Secretary of the Treasury shall work with the State Employment Security Agencies to inform businesses of the availability of section 36B of the Internal Revenue Code of 1986 (as added by this Act).

Hiring Incentives to Reinvest and Incentivize New Growth Act of 2010 or the HIRING Act of 2010 - Amends the Internal Revenue Code to allow employers, including tax-exempt employers, a refundable tax credit for increases in wages paid during 2010 and 2011. Directs the Secretary of the Treasury to work with state employment agencies to inform businesses of the availability of the tax credit allowed by this Act.

To amend the Internal Revenue Code of 1986 to allow employers a refundable credit for increasing employment.

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SECTION 1. SHORT TITLE. This Act may be cited as the ``First Flight Commemorative Coin Act of 1997''. 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: (1) $10 gold coins.--Not more than 100,000 $10 coins, each of which shall-- (A) weigh 16.718 grams; (B) have a diameter of 1.06 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, each of 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 each of 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. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain gold and silver for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law, including authority relating to the use of silver stockpiles established under the Strategic and Critical Materials Stockpiling Act, as applicable. 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 first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina, on December 17, 1903. (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 ``2003''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Board of Directors of the First Flight Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. PERIOD FOR ISSUANCE OF COINS. (a) In General.--Except as provided in subsection (b), the Secretary may issue coins minted under this Act only during the period beginning on August 1, 2003, and ending on July 31, 2004. (b) Exception.--If the Secretary determines that there is sufficient public demand for the coins minted under section 2(a)(3), the Secretary may extend the period of issuance under subsection (a) for a period of 5 years with respect to those coins. 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) $35 per coin for the $10 coin; (2) $10 per coin for the $1 coin; and (3) $1 per coin for the half dollar coin. (e) Marketing Expenses.--The Secretary shall ensure that-- (1) a plan is established for marketing the coins minted under this Act; and (2) adequate funds are made available to cover the costs of carrying out that marketing plan. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the First Flight Foundation for the purposes of-- (1) repairing, refurbishing, and maintaining the Wright Brothers Monument on the Outer Banks of North Carolina; and (2) expanding (or, if necessary, replacing) and maintaining the visitor center and other facilities at the Wright Brothers National Memorial Park on the Outer Banks of North Carolina, including providing educational programs and exhibits for visitors. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the First Flight Foundation as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. 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. SEC. 10. WAIVER OF COIN PROGRAM RESTRICTIONS. The provisions of subparagraph (F) of section 5134 of title 31, United States Code, do not apply to the coins minted and issued under this Act, since the surcharge proceeds of this Act will be used for building, repairing, and other endeavors in a United States National Park.

First Flight Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to mint and issue for a limited period ten-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina, on December 17, 1903. Instructs the Secretary to ensure: (1) establishment of a coin marketing plan; and (2) availability of adequate funds to cover the costs of implementing such plan. Mandates prompt payment of all surcharges received from coin sales to the First Flight Foundation to: (1) maintain the Wright Brothers Monument on the Outer Banks of North Carolina; and (2) expand and maintain the visitor center and other facilities at the Wright Brothers National Memorial Park. Waives certain coin program restrictions.

First Flight Commemorative Coin Act of 1997

744

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficient Government Technology Act''. SEC. 2. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES. Subtitle C of title V of the Energy Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 1661) is amended by adding at the end the following: ``SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES. ``(a) Definitions.--In this section: ``(1) Director.--The term `Director' means the Director of the Office of Management and Budget. ``(2) Information technology.--The term `information technology' has the meaning given that term in section 11101 of title 40, United States Code. ``(b) Development of Implementation Strategy.--Not later than 1 year after the date of enactment of this section, each Federal agency shall coordinate with the Director, the Secretary, and the Administrator of the Environmental Protection Agency to develop an implementation strategy (that includes best practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies, taking into consideration the performance goals established under subsection (d). ``(c) Administration.--In developing an implementation strategy under subsection (b), each Federal agency shall consider-- ``(1) advanced metering infrastructure; ``(2) energy-efficient data center strategies and methods of increasing asset and infrastructure utilization; ``(3) advanced power management tools; ``(4) building information modeling, including building energy management; ``(5) secure telework and travel substitution tools; and ``(6) mechanisms to ensure that the agency realizes the energy cost savings brought about through increased efficiency and utilization. ``(d) Performance Goals.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy- saving information technology. ``(2) Best practices.--The Chief Information Officers Council established under section 3603 of title 44, United States Code, shall recommend best practices for the attainment of the performance goals, which shall include Federal agency consideration of the use of-- ``(A) energy savings performance contracting; and ``(B) utility energy services contracting. ``(e) Reports.-- ``(1) Agency reports.--Each Federal agency shall include in the report of the agency under section 527 a description of the efforts and results of the agency under this section. ``(2) OMB government efficiency reports and scorecards.-- Effective beginning not later than October 1, 2016, the Director shall include in the annual report and scorecard of the Director required under section 528 a description of the efforts and results of Federal agencies under this section.''. SEC. 3. ENERGY EFFICIENT DATA CENTERS. Section 453 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112) is amended-- (1) in subsection (b), by striking paragraph (3); and (2) by striking subsections (c) through (g) and inserting the following: ``(c) Stakeholder Involvement.-- ``(1) In general.--The Secretary and the Administrator shall carry out subsection (b) in collaboration with information technology industry and other key stakeholders, with the goal of producing results that accurately reflect the best knowledge in the most pertinent domains. ``(2) Organizations.--In collaborating under paragraph (1), the Secretary and the Administrator shall pay particular attention to organizations that-- ``(A) have members with expertise in energy efficiency and in the development, operation, and functionality of data centers, information technology equipment, and software, such as representatives of hardware manufacturers, data center operators, and facility managers; ``(B) obtain and address input from Department of Energy National Laboratories or any college, university, research institution, industry association, company, or public interest group with applicable expertise; ``(C) follow-- ``(i) commonly accepted procedures for the development of specifications; and ``(ii) accredited standards development processes; and ``(D) have a mission to promote energy efficiency for data centers and information technology. ``(d) Measurements and Specifications.--The Secretary and the Administrator shall consider and assess the adequacy of the specifications, measurements, and benchmarks described in subsection (b) for use by-- ``(1) the Federal Energy Management Program; ``(2) the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); and ``(3) other efficiency programs of the Department of Energy or the Environmental Protection Agency. ``(e) Study.--Not later than 1 year after the date of enactment of this Act, the Secretary, in collaboration with the Administrator, shall make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109-431 (120 Stat. 2920), that provides-- ``(1) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2014; ``(2) an analysis considering the impact of information technologies (including virtualization and cloud computing) in the public and private sectors; ``(3) an evaluation of the impact of the combination of cloud platforms, mobile devices, social media, and big data on data center energy usage; and ``(4) updated projections and recommendations for best practices through fiscal year 2020. ``(f) Data Center Energy Practitioner Program.-- ``(1) In general.--The Secretary, in collaboration with key stakeholders and the Director of the Office of Management and Budget, shall carry out a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in Federal data centers. ``(2) Periodic evaluations.--Each Federal agency shall consider having the data centers of the agency evaluated every 4 years by energy practitioners certified pursuant to the program, whenever practicable, using certified practitioners employed by the agency. ``(g) Open Data Initiative.-- ``(1) In general.--The Secretary, in collaboration with key stakeholders and the Office of Management and Budget, shall carry out an open data initiative for Federal data center energy usage data to make such data available and accessible in a manner that encourages further data center innovation, optimization, and consolidation. ``(2) Model.--In carrying out the initiative, the Secretary shall consider the use of the online Data Center Maturity Model. ``(h) International Specifications and Metrics.--The Secretary, in collaboration with key stakeholders, shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency. ``(i) Data Center Utilization Metric.--The Secretary, in collaboration with key stakeholders, shall facilitate the development of an efficiency metric that measures the energy efficiency of a data center (including equipment and facilities). ``(j) Protection of Proprietary Information.--The Secretary and the Administrator shall not disclose any proprietary information or trade secrets provided by any individual or company for the purposes of carrying out this section or the programs and initiatives carried out under this section.''.

Energy Efficient Government Technology Act This bill amends the Energy Independence and Security Act of 2007 to require each federal agency to coordinate with the Office of Management and Budget (OMB), the Department of Energy (DOE), and the Environmental Protection Agency to develop an implementation strategy for the maintenance, purchase, and use of energy-efficient and energy-saving information technologies. The OMB must establish performance goals for evaluating the efforts of federal agencies in improving the maintenance, purchase, and use of the technology. The Chief Information Officers Council must recommend best practices for attaining the performance goals. DOE must: make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007; carry out a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in federal data centers; carry out an open data initiative to make information about federal data center energy usage available and accessible in a manner that encourages data center innovation, optimization, and consolidation; participate in efforts to harmonize global specifications and metrics for data center energy efficiency; and facilitate in the development of an efficiency metric that measures the energy efficiency of a data center.

Energy Efficient Government Technology Act

745

SECTION 1. SHORT TITLE. This Act may be cited as the ``Everyone Deserves Unconditional Access to Education (EDUCATE) Act''. SEC. 2. AMENDMENT 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.-- ``(1) In general.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated-- ``(A) $14,434,200,000 or 20.8 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2010, and there are hereby appropriated $2,928,989,000 or 3.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2010, which shall become available for obligation on July 1, 2010, and shall remain available through September 30, 2011; ``(B) $17,596,785,000 or 25 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2011, and there are hereby appropriated $6,091,574,000 or 7.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2011, which shall become available for obligation on July 1, 2011, and shall remain available through September 30, 2012; ``(C) $20,759,369,000 or 29 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2012, and there are hereby appropriated $9,254,158,000 or 11.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2012, which shall become available for obligation on July 1, 2012, and shall remain available through September 30, 2013; ``(D) $23,921,954,000 or 32.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2013, and there are hereby appropriated $12,416,743,000 or 15.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2013, which shall become available for obligation on July 1, 2013, and shall remain available through September 30, 2014; ``(E) $27,084,538,000 or 36.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2014, and there are hereby appropriated $15,579,327,000 or 19 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2014, which shall become available for obligation on July 1, 2014, and shall remain available through September 30, 2015; ``(F) $30,247,123,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2015, and there are hereby appropriated $18,741,912,000 or 22.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2015, which shall become available for obligation on July 1, 2015, and shall remain available through September 30, 2016; and ``(G) 40 percent of the amount determined under paragraph (2) for fiscal year 2016 and each subsequent fiscal year, and there are hereby appropriated 40 percent of the amount determined under paragraph (2) minus $11,505,211,000 for fiscal year 2016 and each subsequent fiscal year, which shall become available for obligation with respect to fiscal year 2016 on July 1, 2016, and shall remain available through September 30, 2017, and with respect to each subsequent fiscal year on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year. ``(2) Amount.--The amount determined under this paragraph is-- ``(A) the number of children with disabilities in the school year preceding the fiscal year referred to in subparagraph (A), (B), (C), (D), (E), (F), or (G) of paragraph (1) (as the case may be) in all States who receive special education and related services-- ``(i) aged 3 through 5 if the States are eligible for grants under section 619, and ``(ii) aged 6 through 21, multiplied by ``(B) the average per-pupil expenditure in public elementary schools and secondary schools in the United States.''. SEC. 3. OFFSETS. The amounts appropriated in 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)), as amended by section 2 of this Act, shall be expended consistent with pay-as-you-go requirements

Everyone Deserves Unconditional Access to Education (EDUCATE) Act - Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and make appropriations for the grant program to assist states and outlying areas in providing special education and related services to children with disabilities. Sets the amount to be authorized and the amount to be appropriated for each fiscal year from FY2010-FY2015 as the greater of: (1) a specified amount; or (2) a specified percentage of an amount determined pursuant to a formula that multiplies the number of children receiving special education services by the average per-pupil expenditure in public elementary and secondary schools. Authorizes appropriations for FY2016 and thereafter that equal 40% of the amount determined using such formula. Makes appropriations for FY2016 and thereafter that are determined by subtracting a specified amount from the amount authorized. Requires amounts appropriated to be expended consistent with pay-as-you-go requirements.

To amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part.

746

SECTION 1. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Authority for Embargo and Sugar Quota.--Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act.--The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)), which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities, shall cease to be effective on such date. (c) Exercise of Authorities Under Other Provisions of Law.-- (1) Removal of prohibitions.--Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 shall cease to be effective on such effective date. (2) Authority for new restrictions.--The President may, on and after the effective date of this Act-- (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979, and (B) exercise the authorities he has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act.--The Cuban Democracy Act of 1992 (22 U.S.C. 6001 and following) is repealed. (e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.-- (1) Repeal.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is repealed. (2) Conforming amendments.--(A) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended-- (i) in subsection (a)(11) by striking ``and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos,'' and inserting ``facilities,''; (ii) in subsection (b)-- (I) in paragraph (4) by adding ``and'' after the semicolon; (II) by striking paragraph (5); and (III) by redesignating paragraph (6) as paragraph (5); and (iii) by striking subsection (d). (B) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (C) Section 1611 of title 28, United States Code, is amended by striking subsection (c). (D) Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are repealed. (f) Trade Sanctions Reform and Export Enhancement Act of 2000.--The Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R. 5426, as enacted into law by section 1(a) of Public Law 106-387, and as contained in the appendix of such Public Law) is amended-- (1) in section 906(a)(1)-- (A) by striking ``to Cuba or''; and (B) by inserting ``(other than Cuba)'' after ``to the government of a country''; (2) in section 908-- (A) by striking subsection (b); (B) in subsection (a)-- (i) by striking ``Prohibition'' and all thatfollowsthrough``(1)In general.--'' and inserting ``In General.--''; (ii) by striking ``for exports to Cuba or''; (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) (and conforming the margin accordingly); and (C) in subsection (b) (as redesignated), by striking ``paragraph (1)'' and inserting ``subsection (a)''; (3) by striking section 909; (4) by striking section 910; and (5) by redesignating section 911 as section 909. (g) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is repealed. (h) Termination of Denial of Foreign Tax Credit With Respect to Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end thereof the following new flush sentence: ``Notwithstanding the preceding sentence, this subsection shall not apply to Cuba after the date which is 60 days after the date of the enactment of this sentence.''. (i) Sugar Quota Prohibition Under Food Security Act of 1985.-- Section 902(c) of the Food Security Act of 1985 is repealed. SEC. 2. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES. Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. SEC. 3. TRAVEL. (a) In General.--Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions Incident to Travel.--Any transactions ordinarily incident to travel which may not be regulated or prohibited under subsection (a) include, but are not limited to-- (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to such travel. SEC. 4. DIRECT MAIL DELIVERY TO CUBA. The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter providers. SEC. 5. PROHIBITION ON FEDERAL ASSISTANCE. (a) Prohibition.--No Federal funds may be used to provide any assistance to Cuba. (b) Definitions.--For purposes of subsection (a)-- (1) the term ``assistance to Cuba'' includes, but is not limited to-- (A) assistance to or for the benefit of Cuba that is provided by grant, commercial sale, guaranty, or insurance, or by any other means on terms more favorable than that generally available in the applicable market, whether in the form of a loan, lease, credit, or a reserve, including, but not limited to-- (i) insurance, financing, extensions of credit, or participation in extensions of credit provided by the Export-Import Bank of the United States for exports to or imports from Cuba; (ii) insurance, reinsurance, financing, or equity investment provided by the Overseas Private Investment Corporation for projects in Cuba; (iii) any export credit, credit guaranty, bonus, or other payment carried out through the Commodity Credit Corporation in support of export sales of agricultural commodities to Cuba; (iv) assistance under any provision of the Agricultural Trade and Development Assistance Act of 1954 to, or in support of export sales of agricultural commodities to, Cuba; (v) financing or other assistance under the Agricultural Trade Act of 1978 in support of export sales of agricultural commodities to Cuba; and (vi) any loan, credit, or other financing by any United States agency to any person for the purpose of financing transactions involving confiscated property (within the meaning of section 4 of the Cuba Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, as in effect on the day before the date of the enactment of this Act); and (B) an exchange, reduction, or forgiveness of Cuban debt owed in return for a grant of an equity interest in a property, investment, or operation of the Government of Cuba (including the government of any political subdivision of Cuba, and any agency or instrumentality of the Government of Cuba) or of a Cuban national; and (2) the term ``agency or instrumentality of the Government of Cuba'' means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to ``a foreign state'' deemed to be a reference to Cuba. SEC. 6. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act.

Amends the Foreign Assistance Act of 1961 and other specified Federal law to repeal the embargo placed upon all trade with Cuba.Amends the Internal Revenue Code to declare the denial of foreign tax credit inapplicable to Cuba.Permits: (1) installation and maintenance of telecommunications equipment and facilities in Cuba, including telecommunications services between the United States and Cuba; and (2) travel to and from Cuba by U.S. citizens or residents.Requires the U.S. Postal Service to provide direct mail service to and from Cuba.Prohibits U.S. assistance to Cuba, including assistance by the Export-Import Bank, the Overseas Private Investment Corporation, and the Commodity Credit Corporation, and any exchange, reduction, or forgiveness of Cuban debt.

To lift the trade embargo on Cuba, and for other purposes.

747

SECTION 1. SHORT TITLE. This Act may be cited as the ``East Timor Transition to Independence Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On August 30, 1999, the East Timorese people voted overwhelmingly in favor of independence from Indonesia in elections organized by the United Nations Assistance Mission in East Timor (UNAMET). Pro-integration militias, with the support of the Indonesian military, attempted to prevent then retaliated against this vote by launching a campaign of terror and violence. As a result, over 500,000 people, or approximately \2/3\ of the population, were displaced. Hundreds were murdered, and many were raped. (2) The violent campaign devastated East Timor's infrastructure, including its schools, water and power supplies, and transportation and communications systems. The militias destroyed or severely damaged 60 to 80 percent of public and private property across East Timor. Virtually all vestiges of government, public services (including sanitation), and public security in East Timor also collapsed. (3) The International Force for East Timor (INTERFET) entered East Timor in September 1999 and successfully restored order. INTERFET was organized and led by Australia, with the active participation of the Philippines, South Korea, New Zealand, and Thailand. (4) On October 25, 1999, the United Nations Security Council established a new mandate for its operations in East Timor. The United Nations Transitional Administration for East Timor (UNTAET), which replaced UNAMET, was directed to provide overall administration of East Timor, guide the people of East Timor in the establishment of a new democratic government, and maintain security and order. (5) The leadership of UNTAET and the East Timorese leadership currently anticipate that East Timor will become an independent nation in mid- to late-2001. (6) East Timor is one of the poorest places in Asia. A large percentage of the population live below the poverty line, only 20 percent of East Timor's population is literate, most of East Timor's people remain unemployed, the annual per capita Gross National Product is $340, and life expectancy is only 56 years. (7) The World Bank and the United Nations have estimated that it will require $300,000,000 in development assistance over the next three years in order to meet East Timor's basic development needs. Donor countries, including the United States, have pledged a total of $173,000,000 to the Trust Fund established by the World Bank to manage the distribution of donor funds in East Timor, and $37,000,000 to the Trust Fund of UNTAET. (8) The United States has been a leading contributor to the development of East Timor since 1994. As a result of the United States Agency for International Development's funding a successful coffee cooperative project, small farmers have been able to enter the cash economy and to increase the amount of money earned from the coffee they grow. (9) The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000, provided $25,000,000 for East Timor. Utilizing these funds, the United States Agency for International Development has helped to restart the coffee cooperative project after it ceased to operate during the militia rampage, funded job creation programs for East Timorese, contributed to UNTAET and to the World Bank Trust Fund for East Timor, supported community organizations, and funded forensics, human rights, independent media, and judicial development projects. SEC. 3. SENSE OF CONGRESS RELATING TO SUPPORT FOR EAST TIMOR. It is the sense of Congress that the United States-- (1) should support formation of broad-based democracy in East Timor, and help lay the groundwork for East Timor's economic recovery, the strengthening of East Timor's security, and the promotion of East Timor's ability to play a positive role in the Asia-Pacific region and in international organizations. (2) should continue to support the provision of bilateral and multilateral assistance to East Timor, with such assistance targeted to creation of jobs, promotion of civil society, preparation for East Timor's first elections, development of East Timor's educational and health care systems, and support for East Timor's judicial system and the truth and reconciliation process; (3) should begin to lay the groundwork, prior to East Timor's independence, for an equitable future trade and investment relationship with East Timor, including trade and investment promotion activities to be carried out by the Overseas Private Investment Corporation, the Trade and Development Agency, and the Export-Import Bank of the United States; (4) should officially open a diplomatic mission in East Timor as soon as possible to ensure that the United States can continue to play a leadership role in building East Timor's political and economic future; and (5) should support the efforts by the United Nations to ensure justice and accountability related to past atrocities in East Timor through United Nations investigations, United Nations support for the development of East Timor's judicial system, and the possible establishment of an international tribunal for East Timor. SEC. 4. BILATERAL ASSISTANCE. (a) Authorization.--The President, acting through the Administrator of the United States Agency for International Development, is authorized and encouraged to provide assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and other applicable laws to support the transition to democracy and self-government in East Timor. (b) Additional Requirements.--Assistance provided pursuant to subsection (a)-- (1) shall support the development of civil society, including nongovernmental organizations in East Timor; (2) shall promote the development of an independent news media; (3) shall support job creation and economic development in East Timor, including support for microenterprise programs and technical education, as well as environmental protection and education programs; (4) shall fund efforts to promote reconciliation, conflict resolution, and prevention of further conflict with respect to East Timor, including establishing accountability for past gross human rights violations; (5) shall support the repatriation and reintegration of refugees into East Timor; and (6) shall support political party development, voter education, voter registration and other activities in support of free and fair elections in East Timor. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2001, 2002, and 2003. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 5. MULTILATERAL ASSISTANCE. The President shall instruct the United States executive director at each international financial institution to which the United States is a member, in particular the International Bank for Reconstruction and Development and the Asian Development Bank, to use the voice, vote, and influence of the United States to ensure that the institution provides timely and appropriate resources to help East Timor to continue to develop its economy, meet basic human needs, and evolve toward economic self-sufficiency, pluralism, and democracy. SEC. 6. PEACE CORPS ASSISTANCE. (a) Authorization.--The President, acting through the Director of the Peace Corps, is authorized to carry out a program in East Timor under the Peace Corps Act (22 U.S.C. 2501 et seq.) which shall include the use of Peace Corps volunteers-- (1) to provide English language and other technical training for individuals in East Timor as well as other activities which promote education, economic development, and economic self-sufficiency; and (2) to quickly address immediate assistance needs in East Timor using the Peace Corps Crisis Corps, to the extent practicable. (b) Authorization of Appropriations.-- (1) In general.--In addition to amounts otherwise available to carry out subsection (a), there are authorized to be appropriated $2,000,000 for each of the fiscal years 2001, 2002, and 2003 to carry out such subsection. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 7. TRADE AND INVESTMENT ASSISTANCE. (a) OPIC.--Beginning on the date of the enactment of this Act, the President shall initiate negotiations with the United Nations Transitional Administration for East Timor (UNTAET), the National Council of East Timor, and the government of East Timor (after independence for East Timor)-- (1) to apply to East Timor the existing agreement between the Overseas Private Investment Corporation and Indonesia, or (2) to enter into a new agreement authorizing the Overseas Private Investment Corporation to carry out programs with respect to East Timor, in order to expand United States investment in East Timor. (b) Trade and Development Agency.-- (1) In general.--The Director of the Trade and Development Agency is authorized to carry out projects in East Timor under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421). (2) Authorization of appropriations.-- (A) In general.--There are authorized to be appropriated to carry out this subsection $1,000,000 for each of the fiscal years 2001, 2002, and 2003. (B) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended. (c) Export-Import Bank.--The Export-Import Bank of the United States shall expand its activities in connection with exports to East Timor. SEC. 8. GENERALIZED SYSTEM OF PREFERENCES. (a) Sense of Congress.--It is the sense of Congress that the President should encourage the United Nations Transitional Administration for East Timor (UNTAET), in close consultation with the National Council of East Timor, to seek to become eligible for duty- free treatment under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.; relating to generalized system of preferences). (b) Technical Assistance.--The United States Trade Representative and the Commissioner of the United States Customs Service are authorized to provide technical assistance to UNTAET, the National Council of East Timor, and the government of East Timor (after independence for East Timor) in order to assist East Timor to become eligible for duty-free treatment under title V of the Trade Act of 1974. SEC. 9. BILATERAL INVESTMENT TREATY. It is the sense of the Congress that the President should seek to enter into a bilateral investment treaty with the United Nations Transitional Administration for East Timor (UNTAET), in close consultation with the National Council of East Timor, in order to establish a more stable legal framework for United States investment in East Timor. SEC. 10. SCHOLARSHIPS FOR EAST TIMORESE STUDENTS. There are authorized to be appropriated to the Department of State, $1,000,000 for the fiscal year 2002 and $1,000,000 for the fiscal year 2003 to carry out an East Timorese scholarship program under the authorities of the United States Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, Reorganization Plan Number 2 of 1977, and the National Endowment for Democracy Act. The Department of State shall make every effort to identify and provide scholarships and other support to East Timorese students interested in pursuing undergraduate and graduate studies at institutions of higher education in the United States. SEC. 11. PLAN FOR ESTABLISHMENT OF DIPLOMATIC FACILITIES IN EAST TIMOR. The Secretary of State shall develop a detailed plan for the official establishment of a diplomatic mission in Dili, East Timor. SEC. 12. SECURITY ASSISTANCE FOR EAST TIMOR. (a) Authorization.--Beginning on and after the date on which the President transmits to the Congress a certification described in subsection (b), the President is authorized-- (1) to transfer excess defense articles under section 516 of such Act (22 U.S.C. 2321j) to East Timor in accordance with such section; and (2) to provide military education and training under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) for the armed forces of East Timor in accordance with such chapter. (b) Certification.--A certification described in this subsection is a certification that-- (1) East Timor has established an independent armed forces; and (2) the assistance proposed to be provided pursuant to subsection (a)-- (A) is in the national security interests of the United States; and (B) will promote both human rights in East Timor and the professionalization of the armed forces of East Timor. SEC. 13. REPORTING REQUIREMENT. (a) In General.--Not later than three months after the date of the enactment of this Act, and every six months thereafter until January 1, 2004, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, the Secretary of the Treasury, the United States Trade Representative, the Secretary of Commerce, the Overseas Private Investment Corporation, the Director of the Trade and Development Agency, the President of the Export-Import Bank of the United States, and the Director of the Peace Corps, shall prepare and transmit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains the information described in subsection (b). (b) Information.--The report shall include-- (1) significant developments in United States relations with East Timor; (2) developments in East Timor's political and economic situation in the period covered by the report, including an evaluation of any elections occurring in East Timor during this period and the refugee reintegration process in East Timor; (3) activities undertaken in East Timor by the International Bank for Reconstruction and Development and the Asian Development Bank, and an evaluation of the effectiveness of these activities; (4) the status of United States trade and investment relations with East Timor, including a detailed analysis of any trade and investment-related activity supported by the Overseas Private Investment Corporation, the Export-Import Bank of the United States, and the Trade and Development Agency during the period of time since the previous report and the status of any negotiations with the United Nations Transitional Administration for East Timor (UNTAET) or East Timor to facilitate the operation of the United States trade agencies in East Timor; (5) the nature and extent of United States-East Timor cultural, education, scientific, and academic exchanges, both official and unofficial, and any Peace Corps activities; (6) with respect to the first report, a detailed plan for the establishment of diplomatic facilities in East Timor in accordance with section 11, which may be submitted in classified or unclassified form, and including a timetable for the official opening of a facility in Dili, the personnel requirements for the mission, the estimated costs for establishing the facility, and its security requirements; and (7) with respect to the first report, a 3-year plan for United States foreign assistance to East Timor in accordance with section 4, prepared by the Administrator of the United States Agency for International Development, which outlines the goals for United States foreign assistance to East Timor during this 3-year period, and in subsequent reports, describes in detail the expenditure of United States bilateral foreign assistance during the period covered by the report.

Sets forth requirements with respect to the provision to East Timor of bilateral assistance, multilateral assistance, Peace Corps assistance, certain trade and investment assistance, scholarships for East Timorese students, and security assistance.

East Timor Transition to Independence Act of 2000

748

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom and Self-Determination for the Former Soviet Union Act''. SEC. 2. PROHIBITION ON FOREIGN ASSISTANCE TO RUSSIA. (a) In General.--Foreign assistance may not be obligated or expended for Russia for any fiscal year unless the President certifies to the Congress for such fiscal year the following: (1) The President has received satisfactory assurances from the Government of Russia, which have been confirmed by the Director of the Federal Bureau of Investigation, that the intelligence activities of Russia in the United States are confined to what is considered routine, non-adversarial information gathering activities. (2) Russia is making continual progress toward the unconditional implementation of the Russian-Moldovan troop withdrawal agreement, signed by the prime ministers of Russia and Moldova on October 21, 1994. (3) Russia is not providing military assistance to any military forces in the Transdniestra region of Moldova. (4) Russian military forces in the Kaliningrad region of Russia are respecting the sovereign territory of Lithuania and other neighboring countries and such forces are not offensively postured against any other country. (5) The activities of Russia in the other independent states of the former Soviet Union do not represent an attempt by Russia to violate or otherwise diminish the sovereignty and independence of such states. (6) Russia is not providing military assistance to any Bosnian Serb military units or combatants or to the Government of the Federal Republic of Yugoslavia. (7) Russia is not providing any intelligence information to Cuba and is not providing any assistance to Cuba with respect to the signal intelligence facility at Lourdes or the nuclear facility at Cienfuegos. (8)(A) Russia is not providing to the countries described in subparagraph (B) goods or technology, including conventional weapons, which could materially contribute to the acquisition by these countries of chemical, biological, nuclear, or advanced conventional weapons. (B) The countries described in this subparagraph are Iran, Iraq, Syria, the People's Republic of China, or any country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. app. 2405(6)(j)(1)), has repeatedly provided support for acts of international terrorism. (9) Russia is in strict compliance with all arms control agreements to which Russia and the United States are a party. (10) Russia has ceased all strategic nuclear weapons modernization. (11) Russia is in strict compliance with all trade and financial agreements between Russia and any United States business. (b) Report.--The President shall submit to the Congress for each fiscal year a report containing the certifications required by subsection (a). Such report shall be submitted in unclassified and classified versions. SEC. 3. ANNUAL REPORTS. At the beginning of each fiscal year, the President and the Comptroller General of the United States shall each submit to the Congress a report containing the following: (1) The amount of foreign assistance provided to Russia for the preceding fiscal year, including-- (A) the name of each organization or entity to which such assistance was provided; (B) the purpose of such assistance; and (C) an assessment of the effectiveness of such assistance. (2) A detailed accounting of the amount of foreign assistance appropriated for Russia which has not been expended and the status of such assistance. (3) An estimate of the total amount of capital exported from Russia during the previous fiscal year and an analysis of the reasons for the export of such capital. SEC. 4. REQUIREMENT TO OPPOSE ASSISTANCE TO RUSSIA FROM INTERNATIONAL FINANCIAL INSTITUTIONS. The President should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance from that financial institution to Russia unless Russia is in compliance with the requirements contained in section 2. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Foreign assistance.--The term ``foreign assistance'' means assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5801 et seq.), or the Cooperative Threat Reduction Act of 1993 (22 U.S.C 5951 et seq.), except that such term does not include-- (A) humanitarian assistance; (B) educational and cultural exchanges between the United States and Russia; (C) assistance provided for the promotion of democratic political reform and the rule of law; and (D) assistance for safety upgrades of civilian nuclear power plants. (2) Goods or technology.--The term ``goods or technology'' has the meaning given such term in section 1608(3) of the Iran- Iraq Arms Non-Proliferation Act of 1992 (50 U.S.C. 1701 note). (3) International financial institution.--The term ``international financial institution'' means the European Bank for Reconstruction and Development, the International Bank for Reconstruction and Development, the International Development Association, the International Financial Corporation, the Global Environmental Facility, the Multilateral Investment Guaranty Agency, or the International Monetary Fund. (4) Other independent states of the former soviet union.-- The term ``other independent states of the former Soviet Union'' means the following: Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. SEC. 6. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act shall apply only with respect to fiscal years beginning on or after the date of the enactment of this Act. (b) Exceptions.--In the case of the fiscal year in which this Act is enacted-- (1) the prohibition contained in section 2 shall apply with respect to the obligation or expenditure of foreign assistance on or after the date of the enactment of this Act (including foreign assistance which has been obligated but not expended before the date of the enactment of this Act); and (2) the requirement contained in section 4 shall apply with respect to the provision of assistance by an international financial institution on or after the date of the enactment of this Act.

Freedom and Self-Determination for the Former Soviet Union Act - Prohibits the obligation or expenditure of foreign assistance for Russia for any fiscal year unless the President certifies to the Congress for such fiscal year that: (1) the President has received satisfactory assurances from the Government of Russia, confirmed by the Federal Bureau of Investigation, that Russia's intelligence activities in the United States are confined to routine, non-adversarial information gathering; (2) Russia is making progress toward the unconditional implementation of the Russian-Moldovan troop withdrawal agreement and that the Russian Government is not providing military assistance to any military forces in the Transdniestra region of Moldova; (3) Russian forces in the Kaliningrad region of Russia are respecting the sovereign territory of Lithuania and neighboring countries and are not offensively postured against any other countries; (4) the activities of Russia in the independent states of the former Soviet Union do not represent an attempt by Russia to diminish the sovereignty and independence of such states; (5) Russia is not providing military assistance to any Bosnian Serb military units or combatants or to the Government of the Federal Republic of Yugoslavia; (6) Russia is not providing any intelligence information to Cuba or assistance to Cuba with respect to the signal intelligence facility at Lourdes or the nuclear facility at Cienfuegos; (7) Russia is not providing to Iran, Iraq, Syria, China, or other countries whose governments have provided support for international terrorism, any goods or technology which could contribute to the acquisition of chemical, biological, nuclear, or advanced conventional weapons; (8) Russia is in strict compliance with all arms control agreements, as well as with all trade and financial agreements, with the United States; and (9) Russia has ceased all strategic nuclear weapons modernization. Requires the President and the Comptroller General to report to the Congress for each fiscal year: (1) the amount of foreign assistance provided to Russia for the preceding fiscal year; (2) a detailed accounting of the amount of foreign assistance appropriated which has not been expended and its status; and (3) an estimate of the total amount of capital exported from Russia during the previous fiscal year, along with an analysis of reasons for such export. Urges the President to instruct the U.S. executive directors of the international financial institutions to oppose assistance to Russia unless Russia is in compliance with this Act's requirements.

Freedom and Self-Determination for the Former Soviet Union Act

749

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Internet Gambling Regulation and Tax Enforcement Act of 2009''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment 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. TAX ON INTERNET GAMBLING; LICENSEE INFORMATION REPORTING. (a) In General.--Chapter 36 (relating to certain other excise taxes) is amended by adding at the end the following new subchapter: ``Subchapter E--Internet Gambling ``Sec. 4491. Imposition of Internet gambling license fee. ``Sec. 4492. Record requirements. ``SEC. 4491. IMPOSITION OF INTERNET GAMBLING LICENSE FEE. ``(a) Federal Fee.--Each licensee within the meaning of section 5382 of title 31, United States Code, shall be required to pay an Internet gambling license fee by the end of each calendar month in an amount equal to two percent of all funds deposited by customers during the preceding month into an account maintained by that licensee or any agent of that licensee that can be used for the purpose of placing a bet or wager as defined in section 5362(1) of title 31, United States Code. ``(b) Deposits.--Deposits made by or on behalf of a licensee of Internet gambling winnings or returns of funds by or on behalf of a licensee to the account of a customer shall not be treated as a deposit for purposes of this section. ``(c) Persons Liable for Fee.--The Internet gambling license fee shall be the direct and exclusive obligation of the Internet gambling operator and may not be deducted from the amounts available as deposits to the person placing a bet. Notwithstanding the foregoing, any person making a deposit for the purpose of placing a bet or wager with a person who is required but has failed to obtain a license pursuant to subchapter V of chapter 53 of title 31, United States Code, shall be liable for and pay the fee under this subchapter on all such deposits, but such liability shall not excuse any failure to pay the fee on the part of the person who is required but has failed to obtain such license. ``(d) Unauthorized Bets or Wagers.--There is hereby imposed a fee in an amount equal to 50 percent of all funds deposited into an account that can be used for placing a bet or wager within the meaning of Section 5362(1) of title 31, United States Code, with any person that is not authorized pursuant to section 5382 of that title. Such tax is due by the end of each calendar month with respect to deposits during the preceding month. ``(e) Disposition.--Amounts paid as Internet gambling license fees or on unauthorized bets or wagers under this section shall be deposited in the general fund of the Treasury and treated as revenue. ``(f) Administrative Provisions.--Except to the extent the Secretary shall by regulations prescribe, the fees imposed by this section shall be subject to the administrative provisions of this title applicable to excise taxes imposed by chapter 35. ``SEC. 4492. RECORD REQUIREMENTS. ``Each person liable for fees under this subchapter, except for a person making a deposit who is liable for fees pursuant to section 4491(e), shall keep a daily record showing deposits as defined in this subchapter, in addition to all other records required pursuant to section 6001(a).''. (b) Information Returns.--Subpart A of part III of subchapter A of chapter 61 (relating to information concerning persons subject to special provisions) is amended by adding at the end the following new section: ``SEC. 6050X. RETURNS RELATING TO INTERNET GAMBLING. ``(a) Requirement.--Every person who is a licensee (within the meaning of section 5382(3) of title 31, United States Code) or who otherwise is engaged in the business of accepting any bet or wager within the meaning of section 5362(1) of title 31, United States Code, during a taxable year shall furnish, at such time and in such manner as the Secretary shall by regulations prescribe, the information described in subsection (b), and such person shall maintain (in the location, in the manner, and to the extent prescribed in regulations) such records as may be appropriate to the information described in subsection (b). ``(b) Required Information.--For purposes of subsection (a), the information described is set forth below, which information may be modified as appropriate by the Secretary through regulation-- ``(1) the name, address, and TIN of the licensee or other person engaged in the business of accepting any bet or wager, ``(2) the name, address, and TIN of each person placing a bet or wager with the licensee or other person engaged in the business of accepting any bet or wager during the calendar year, ``(3) the gross winnings, gross wagers, and gross losses for the calendar year of each person placing a bet or wager with the licensee or other person engaged in the business of accepting any bet or wager during the year, ``(4) the net Internet gambling winnings for each such person for the calendar year, ``(5) the amount of tax withheld with respect to each such person for the calendar year, ``(6) beginning and end-of-year account balances for each such person for the calendar year, and ``(7) amounts deposited and withdrawn by each such person during the calendar year. ``(c) Statement To Be Furnished to Persons With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return by reason of placing a bet or wager a written statement showing-- ``(1) the name, address, and phone number of the information contact of the person required to make such return, and ``(2) the information required to be shown on such return with respect to each person whose name is required to be set forth in such return. The written statement required under the preceding sentence shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. ``(d) Definitions.-- ``(1) Net internet gambling winnings.--The term `net Internet gambling winnings' means gross winnings from wagers placed over the Internet with a person required to be licensed under section 5382 of chapter 53 of title 31, United States Code, less the amounts wagered. ``(2) Internet; wager.--The terms `Internet' and `wager' shall have the respective meanings given such terms by section 5362 of chapter 53 of title 31, United States Code.''. (c) Clerical Amendments.-- (1) The table of subchapters for chapter 36 is amended by adding at the end the following new item: ``subchapter e. internet gambling.''. (2) The table of sections for subpart B of part III of subchapter A of chapter 61 is amended by inserting after the item relating to section 6050W the following new item: ``Sec. 6050X. Returns relating to Internet gambling.''. (d) Effective Date.--The amendments made by this section shall apply to bets or wagers placed after the date of the enactment of this Act. SEC. 3. WITHHOLDING FROM CERTAIN GAMBLING WINNINGS. (a) Net Internet Gambling Winnings.--Paragraph (3) of section 3406(b) (relating to other reportable payments for purposes of backup withholding) is amended-- (1) by striking ``or'' in subparagraph (E); (2) by striking ``.'' and inserting ``, or'' at the end of subparagraph (F); and (3) by adding at the end thereof the following new subparagraph: ``(G) section 6050X(b)(4) (relating to net Internet gambling winnings).''. (b) Effective Date.--The amendment made by this section shall apply to bets or wagers placed after the date of the enactment of this Act. SEC. 4. WITHHOLDING OF TAX ON NONRESIDENT ALIENS. (a) Tax on Nonresident Alien Individuals.--Paragraph (1) of section 871(a) (relating to income not connected with United States business) is amended-- (1) by striking ``and'' at the end of subparagraph (C), (2) by inserting ``and'' at the end of subparagraph (D), and (3) by inserting after subparagraph (D) the following new subparagraph: ``(E) the gross amount of winnings from each wager placed over the Internet with a person required to be licensed under section 5382 of chapter 53 of title 31, United States Code (as such terms are defined in section 6050X(d)(2)),''. (b) Exemption for Certain Gambling Winnings.--Section 871(j) (relating to exemption for certain gambling winnings) is amended by inserting before the period at the end the following: ``or to any bets or wagers placed over the Internet (as such terms are defined in section 6050X(d)(2))''. (c) Withholding of Tax on Nonresident Alien Individuals.--The first sentence of subsection (b) of section 1441 (relating to withholding of tax on nonresident aliens) is amended by inserting after ``gains subject to tax under section 871(a)(1)(D),'' the following: ``the gross amount of winnings from wagers placed over the Internet described in section 871(a)(1)(E),''. (d) Source of Internet Gambling Winnings.--Subsection (a) of section 861 is amending by inserting at the end thereof the following new paragraph: ``(9) Internet gambling winnings.--Any Internet gambling winnings received from a licensee within the meaning of section 5382(3) of title 31, United States Code.''. (e) Effective Date.--The amendments made by this section shall apply to bets or wagers placed after the date of the enactment of this Act. SEC. 5. TERRITORIAL EXTENT. Paragraph (2) of section 4404 is amended to read as follows: ``(2) placed within the United States or any Commonwealth, territory, or possession thereof by a United States citizen or resident.''.

Internet Gambling Regulation and Tax Enforcement Act of 2009 - Amends the Internal Revenue Code to: (1) impose an Internet gambling license fee on Internet gambling operators and an additional tax on unauthorized bets or wagers; (2) require such operators to file informational returns identifying themselves and the individuals placing bets or wagers with them; (3) require withholding of tax on net Internet gambling winnings and on the winnings of nonresident aliens; and (4) extend the excise tax on wagers to include wagers placed within the United States or any commonwealth, territory, or possession by a U.S. citizen or resident.

To amend the Internal Revenue Code of 1986 to regulate and tax Internet gambling.

750

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elder Justice Reauthorization Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the American Journal of Public Health, at least 10 percent of older Americans experience elder abuse. (2) Victims of elder financial abuse are estimated to lose at least $2.9 billion a year. (3) Victims of elder abuse are three times more likely to end up in a hospital and four times more likely to end up in a nursing home than nonvictims. (4) Adult protective services which operate in all 50 States to help prevent elder abuse and investigate cases have no dedicated Federal funding or any designated Federal agency home. (5) Underreporting of elder abuse cases, especially financial abuse, remains a major issue combined with a dearth of comprehensive and reliable data which collectively leads to a vast underestimation of the real amount of elder abuse in the Nation. (6) Differences in State laws and practices in the areas of abuse, neglect, and exploitation of older adults lead to significant disparities in prevention, protective and social services, treatment systems, and law enforcement, and lead to other inequities. (7) Starting with the 1974 enactment of the Child Abuse Prevention and Treatment Act, the Federal Government has played an important role in promoting research, training, public safety, data collection, the identification, development, and dissemination of promising health care, social, and protective services, and law enforcement practices, relating to child abuse and neglect, domestic violence, and violence against women. The Federal Government should promote similar efforts and protections relating to elder abuse, neglect, and exploitation. (8) The Federal Government should provide leadership to assist States and communities in their efforts to prevent elder abuse, including the promotion of coordinated planning between all levels of government and nongovernment entities and generating and sharing knowledge relevant to protecting elders. (9) The problem of elder abuse, neglect, and exploitation requires a comprehensive approach that-- (A) recognizes the statutory role of State and local adult protective services and long-term care ombudsman programs to respond to elder abuse; (B) integrates the work of health, legal, and social service agencies and organizations; (C) emphasizes the need for prevention, detection, reporting, investigation, assessment and treatment, and prosecution of elder abuse, neglect, and exploitation at all levels of government; (D) ensures that sufficient numbers of properly trained personnel with specialized knowledge are in place to treat, assess, and provide services related to elder abuse, neglect, and exploitation, and carry out elder protection duties; (E) ensures there is cultural competency to address the unique needs of a diverse older adult population with respect to elder abuse; and (F) balances an elder's right to self-determination with society's responsibility to protect elders. (10) The future well-being of millions of older adults may be challenged by elder abuse and a coordinated and comprehensive Federal response is needed. Elder abuse prevention is a sound investment that can produce savings to the Medicare and Medicaid programs in the future. (11) A victim of elder abuse is never the same after being victimized. SEC. 3. REAUTHORIZATION OF THE ELDER JUSTICE ACT OF 2009. (a) Amendments to the Social Security Act.-- (1) Each of the following provisions of the Social Security Act is amended by striking ``2014'' and inserting ``2021'': (A) Section 2024(2) (42 U.S.C. 1397k-3(2)). (B) Section 2042(a)(2) (42 U.S.C. 1397m-1(a)(2)). (C) Section 2042(b)(5) (42 U.S.C. 1397m-1(b)(5)). (D) Section 2042(c)(5) (42 U.S.C. 1397m-1(c)(5)). (E) Section 2043(b)(2) (42 U.S.C. 1397m-2(b)(2)). (2) Each of the following provisions of the Social Security Act is amended by striking ``and 2014'' and inserting ``through 2021'': (A) Section 2031(f)(3) (42 U.S.C. 1397l(f)(3)). (B) Section 2041(d)(3) (42 U.S.C. 1397m(d)(3)). (C) Section 2043(a)(2)(C) (42 U.S.C. 1397m- 2(a)(2)(C)). (3) Section 2045 of the Social Security Act (42 U.S.C. 1397m-4) is amended by striking ``October 1, 2014'' and inserting ``2 years after the completion of grants made to States under section 2042''. (b) Amendments to the Patient Protection and Affordable Care Act.-- Section 6703(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 1395i-3a(b)) is amended in each of paragraphs (1)(C) and (2)(C), by striking ``2014'' and inserting ``2021''.

Elder Justice Reauthorization Act This bill amends title XX (Block Grants to States for Social Services) of the Social Security Act to reauthorize through FY2021 grants to states for activities related to the prevention and detection of elder abuse. In addition, the bill amends the Patient Protection and Affordable Care Act to reauthorize through FY2021: (1) the National Training Institute for federal and state surveyors of long-term care facilities, and (2) grants to state agencies that perform surveys of certain nursing facilities.

Elder Justice Reauthorization Act

751

SECTION 1. SHORT TITLE. This Act may be cited as the ``Budgeting for Opioid Addiction Treatment Act''. SEC. 2. STEWARDSHIP FEE ON OPIOID PAIN RELIEVERS. (a) In General.--Subchapter E of chapter 32 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4192. OPIOID PAIN RELIEVERS. ``(a) In General.--There is hereby imposed on the sale of any active opioid by the manufacturer, producer, or importer a fee equal to 1 cent per milligram so sold. ``(b) Active Opioid.--For purposes of this section-- ``(1) In general.--The term `active opioid' means any controlled substance (as defined in section 102 of the Controlled Substances Act, as in effect on the date of the enactment of this section) which is opium, an opiate, or any derivative thereof. ``(2) Exclusion for certain prescription medications.--Such term shall not include any prescribed drug which is used exclusively for the treatment of opioid addiction as part of a medically assisted treatment effort. ``(3) Exclusion of other ingredients.--In the case of a product that includes an active opioid and another ingredient, subsection (a) shall apply only to the portion of such product that is an active opioid.''. (b) Clerical Amendments.-- (1) The heading of subchapter E of chapter 32 of the Internal Revenue Code of 1986 is amended by striking ``Medical Devices'' and inserting ``Other Medical Products''. (2) The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E and inserting the following new item: ``subchapter e. other medical products''. (3) The table of sections for subchapter E of chapter 32 of such Code is amended by adding at the end the following new item: ``Sec. 4192. Opioid pain relievers.''. (c) Effective Date.--The amendments made by this section shall apply to sales on or after the date that is 1 year after the date of the enactment of this Act. (d) Rebate or Discount Program for Certain Cancer and Hospice Patients.-- (1) In general.--The Secretary of Health and Human Services, in consultation with patient advocacy groups and other relevant stakeholders as determined by such Secretary, shall establish a mechanism by which-- (A) any amount paid by an eligible patient in connection with the stewardship fee under section 4192 of the Internal Revenue Code of 1986 (as added by this section) shall be rebated to such patient in as timely a manner as possible, or (B) amounts paid by an eligible patient for active opioids (as defined in section 4192(b) of such Code) are discounted at time of payment or purchase to ensure that such patient does not pay any amount attributable to such fee, with as little burden on the patient as possible. The Secretary shall choose whichever of the options described in subparagraph (A) or (B) is, in the Secretary's determination, most effective and efficient in ensuring eligible patients face no economic burden from such fee. (2) Eligible patient.--For purposes of this section, the term ``eligible patient'' means-- (A) a patient for whom any active opioid (as so defined) is prescribed to treat pain relating to cancer or cancer treatment; (B) a patient participating in hospice care; and (C) in the case of the death or incapacity of a patient described in subparagraph (A) or (B) or any similar situation as determined by the Secretary of Health and Human Services, the appropriate family member, medical proxy, or similar representative or the estate of such patient. SEC. 3. BLOCK GRANTS FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE. (a) Grants to States.--Section 1921(b) of the Public Health Service Act (42 U.S.C. 300x-21(b)) is amended by inserting ``, and, as applicable, for carrying out section 1923A'' before the period. (b) Nonapplicability of Prevention Program Provision.--Section 1922(a)(1) of the Public Health Service Act (42 U.S.C. 300x-22(a)(1)) is amended by inserting ``except with respect to amounts made available as described in section 1923A,'' before ``will expend''. (c) Opioid Treatment Programs.--Subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.) is amended by inserting after section 1923 the following: ``SEC. 1923A. ADDITIONAL SUBSTANCE ABUSE TREATMENT PROGRAMS. ``A funding agreement for a grant under section 1921 is that the State involved shall provide that any amounts made available by any increase in revenues to the Treasury in the previous fiscal year resulting from the enactment of section 4192 of the Internal Revenue Code of 1986, reduced by any amounts rebated or discounted under section 2(d) of the Budgeting for Opioid Addiction Treatment Act (as described in section 1933(a)(1)(B)(i)) be used exclusively for substance abuse (including opioid abuse) treatment efforts in the State, including-- ``(1) treatment programs-- ``(A) establishing new addiction treatment facilities, residential and outpatient, including covering capital costs; ``(B) establishing sober living facilities; ``(C) recruiting and increasing reimbursement for certified mental health providers providing substance abuse treatment in medically underserved communities or communities with high rates of prescription drug abuse; ``(D) expanding access to long-term, residential treatment programs for opioid addicts (including 30-, 60-, and 90-day programs); ``(E) establishing or operating support programs that offer employment services, housing, and other support services to help recovering addicts transition back into society; ``(F) establishing or operating housing for children whose parents are participating in substance abuse treatment programs, including capital costs; ``(G) establishing or operating facilities to provide care for babies born with neonatal abstinence syndrome, including capital costs; and ``(H) other treatment programs, as the Secretary determines appropriate; and ``(2) recruitment and training of substance use disorder professionals to work in rural and medically underserved communities.''. (d) Additional Funding.--Section 1933(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C. 300x-33(a)(1)(B)(i)) is amended by inserting ``, plus any increase in revenues to the Treasury in the previous fiscal year resulting from the enactment of section 4192 of the Internal Revenue Code of 1986, reduced by any amounts rebated or discounted under section 2(d) of the Budgeting for Opioid Addiction Treatment Act'' before the period. SEC. 4. REPORT. Not later than 2 years after the date described in section 2(c), the Secretary of Health and Human Services shall submit to Congress a report on the impact of the amendments made by sections 2 and 3 on-- (1) the retail cost of active opioids (as defined in section 4192 of the Internal Revenue Code of 1986, as added by section 2); (2) patient access to such opioids, particularly cancer and hospice patients, including the effect of the discount or rebate on such opioids for cancer and hospice patients under section 2(d); (3) how the increase in revenue to the Treasury resulting from the enactment of section 4192 of the Internal Revenue Code of 1986 is used to improve substance abuse treatment efforts in accordance with section 1923A of the Public Health Service Act (as added by section 3); and (4) suggestions for improving-- (A) access to opioids for cancer and hospice patients; and (B) substance abuse treatment efforts under such section 1923A.

Budgeting for Opioid Addiction Treatment Act This bill amends the Internal Revenue Code, with respect to excise taxes on manufacturers, to impose a one cent per milligram fee on the sale of active opioids by the manufacturer, producer, or importer. The fee excludes prescription drugs used exclusively for the treatment of opioid addiction as part of a medically assisted treatment effort. The Department of Health and Human Services (HHS) must establish a program to provide rebates or discounts to cancer and hospice patients to ensure that they do not pay the fee. The bill amends the Public Health Service Act to require any increase in federal revenues from the fee after rebates and discounts are subtracted to be distributed to states under the Substance Abuse Prevention and Treatment Block Grant program. The states must use the funds exclusively for substance abuse (including opioid abuse) efforts in the states, including: (1) specified treatment programs, and (2) the recruitment and training of substance use disorder professionals to work in rural and medically underserved communities. HHS must report to Congress on the impact of this bill on the retail cost of opioids and patient access to opioid medication, the effectiveness of the discount or rebate for cancer and hospice patients, how the funds are being used to improve substance abuse treatment efforts, and suggestions for improving access to opioids for cancer and hospice patients and substance abuse treatment efforts.

Budgeting for Opioid Addiction Treatment Act

752

SECTION 1. SHORT TITLE. This Act may be cited as the ``Personal Health Investment Today Act'' or the ``PHIT Act.'' SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) almost 20 percent of American children between the ages of 2 and 19 are overweight or suffer from obesity; (2) 8 of the 9 most expensive illnesses in the United States are more common among overweight and obese individuals; (3) according to the Centers for Disease Control and Prevention, the increase in the number of overweight and obese Americans between 1987 and 2001 resulted in a 27 percent increase in per capita health care costs; (4) the World Health Organization determined that in the United States a $1 investment in physical activity alone (in time and equipment) would reduce medical expenses by $3.20; (5) research indicates that 2 in 5 Americans would become more physically active if offered a financial incentive; (6) the United States ranks last in the world in reducing the number of preventable deaths resulting from obesity-related chronic illnesses; and (7) engaging in physical activities at young ages when children are learning lifelong behaviors can have a significant impact on their long-term health. (b) Purpose.--The purpose of this Act is to promote health and prevent disease, particularly diseases related to being overweight and obese, by-- (1) encouraging healthier lifestyles; (2) providing financial incentives to ease the financial burden of engaging in healthy behavior; and (3) increasing the ability of individuals and families to participate in physical fitness activities. SEC. 3. CERTAIN AMOUNTS PAID FOR PHYSICAL ACTIVITY, FITNESS, AND EXERCISE TREATED AS AMOUNTS PAID FOR MEDICAL CARE. (a) In General.--Section 213(d)(1) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(E) for qualified sports and fitness expenses.''. (b) Qualified Sports and Fitness Expenses.--Section 213(d) of such Code is amended by adding at the end the following paragraph: ``(12) Qualified sports and fitness expenses.-- ``(A) In general.--The term `qualified sports and fitness expenses' means amounts paid exclusively for the sole purpose of participating in a physical activity including-- ``(i) for membership at a fitness facility, ``(ii) for participation or instruction in a program of physical exercise or physical activity, and ``(iii) for equipment for use in a program (including a self-directed program) of physical exercise or physical activity. ``(B) Overall dollar limitation.--The aggregate amount treated as qualified sports and fitness expenses with respect to any taxpayer for any taxable year shall not exceed $1,000 ($2,000 in the case of a joint return or a head of household (as defined in section 2(b))). ``(C) Fitness facility defined.--For purposes of subparagraph (A)(i), the term `fitness facility' means a facility-- ``(i) providing instruction in a program of physical exercise, offering facilities for the preservation, maintenance, encouragement, or development of physical fitness, or serving as the site of such a program of a State or local government, ``(ii) which is not a private club owned and operated by its members, ``(iii) which does not offer golf, hunting, sailing, or riding facilities, ``(iv) whose health or fitness facility is not incidental to its overall function and purpose, and ``(v) which is fully compliant with the State of jurisdiction and Federal anti- discrimination laws. ``(D) Treatment of exercise videos, etc.--Videos, books, and similar materials shall be treated as described in subparagraph (A)(ii) if the content of such materials constitute instruction in a program of physical exercise or physical activity. ``(E) Limitations related to sports and fitness equipment.--Amounts paid for equipment described in subparagraph (A)(iii) shall be treated as a qualified sports and fitness expense only-- ``(i) if such equipment is utilized exclusively for participation in fitness, exercise, sport, or other physical activity programs, ``(ii) if such equipment is not apparel or footwear, and ``(iii) in the case of any item of sports equipment (other than exercise equipment), with respect to so much of the amount paid for such item as does not exceed $250. ``(F) Programs which include components other than physical exercise and physical activity.--Rules similar to the rules of section 213(d)(6) shall apply in the case of any program that includes physical exercise or physical activity and also other components. For purposes of the preceding sentence, travel and accommodations shall be treated as an other component.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Personal Health Investment Today Act or the PHIT Act This bill amends the Internal Revenue Code to allow a medical care tax deduction for up to $1,000 ($2,000 for a joint return or a head of household) of qualified sports and fitness expenses per year. The bill defines "qualified sports and fitness expenses" as amounts paid exclusively for the sole purpose of participating in a physical activity, including: (1) fitness facility memberships, (2) physical exercise or activity programs, and (3) equipment for a physical exercise or activity program.

Personal Health Investment Today Act

753

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 DeSoto 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.--The Secretary shall establish as a national wildlife refuge the lands, waters, and interests therein acquired under section 5, at such time as the Secretary determines that sufficient property has been acquired under that section to constitute an area that can be effectively managed as a national wildlife refuge for the purposes set forth in subsection (b) of this section. The national wildlife refuge so established shall be known as the ``Red River National Wildlife Refuge''. (b) Purposes.--The purposes of the Refuge are the following: (1) To restore and preserve native Red River ecosystems. (2) To provide habitat for migratory birds. (3) To maximize fisheries on the Red River and its tributaries, natural lakes, and man-made reservoirs. (4) To provide habitat for and population management of native plants and resident animals (including restoration of extirpated species). (5) To provide technical assistance to private land owners in the restoration of their lands for the benefit of fish and wildlife. (6) To provide the public with opportunities for hunting, angling, trapping, photographing wildlife, hiking, bird watching, and other outdoor recreational and educational activities. (7) To achieve the purposes under this subsection without violating section 6. (c) Notice of Establishment.--The Secretary shall publish a notice of the establishment of the Refuge-- (1) in the Federal Register; and (2) in publications of local circulation in the vicinity of the 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 enactment of this Act, 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. (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. SEC. 5. ACQUISITION OF LANDS, WATERS, AND INTERESTS THEREIN. (a) In General.--The Secretary shall seek to acquire up to 50,000 acres of land, water, or interests therein (including permanent conservation easements or servitudes) within the boundaries designated under subsection (c). All lands, waters, and interests acquired under this subsection shall be part of the Refuge. (b) Method of Acquisition.--The Secretary may acquire an interest in land or water for inclusion in the Refuge only by donation, exchange, or purchase from a willing seller. (c) Designation of Boundaries.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall-- (A) consult with appropriate State and local officials, private conservation organizations, and other interested parties (including the Louisiana Department of Wildlife and Fisheries, the Louisiana Department of Transportation and Development, the Red River Waterway Commission, and the Northwest Louisiana Council of Governments), regarding the designation of appropriate boundaries for the Refuge within the selection area; (B) designate boundaries of the Refuge that are within the selection area and adequate for fulfilling the purposes of the Refuge set forth in section 3(b); and (C) prepare a detailed map entitled ``Red River National Wildlife Refuge'' depicting the boundaries of the Refuge designated under subparagraph (B). (2) Selection area.--For purposes of this subsection, the selection area consists of Caddo, Bossier, Red River, DeSoto, and Natchitoches Parishes, Louisiana. (3) Availability of map; notice.--The Secretary shall-- (A) keep the map prepared under paragraph (1) on file and available for public inspection at offices of the United States Fish and Wildlife Service of the District of Columbia and Louisiana; and (B) publish in the Federal Register a notice of that availability. (d) Boundary Revisions.--The Secretary may make such minor revisions in the boundaries designated under subsection (c) as may be appropriate to achieve the purposes of the Refuge under section 3(b) or to facilitate the acquisition of property for the Refuge. SEC. 6. CONTINUED PUBLIC SERVICES. Nothing in this Act shall be construed as prohibiting or preventing, and the Secretary shall not for purposes of the Refuge prohibit or prevent-- (1) the continuation or development of commercial or recreational navigation on the Red River Waterway; (2) necessary construction, operation, or maintenance activities associated with the Red River Waterway project; (3) the construction, improvement, or expansion of public port or recreational facilities on the Red River Waterway; or (4) the construction, improvement, or replacement of railroads or interstate highways within the selection area (designated in section 5(c)(2)), or bridges that cross the Red River. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this Act. SEC. 8. 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.

Requires the Secretary to issue a management plan for the Refuge which includes provisions that provide for: (1) the planning and design of trails and access points; (2) the planning of wildlife and habitat restoration, including reforestation; and (3) permanent exhibits and facilities and regular educational programs throughout the Refuge. 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. Sets forth requirements for the designation of boundaries for the Refuge. Declares that nothing in this Act shall be construed as prohibiting or preventing, and the Secretary shall not prohibit or prevent: (1) the continuation or development of commercial or recreational navigation on the Red River Waterway; (2) necessary construction, operation, or maintenance activities associated with the Red River Waterway project; (3) the construction, improvement, or expansion of public port or recreational facilities on such Waterway; or (4) the construction, improvement, or replacement of railroads or interstate highways within the selection area, or bridges that cross the Red River. Authorizes appropriations.

Red River National Wildlife Refuge Act

754

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sacramento River National Recreation Area Act of 2010''. SEC. 2. DEFINITIONS. In this Act: (1) Advisory council.--The term ``Advisory Council'' means the Sacramento River National Recreation Area Advisory Council established by section 5(a). (2) Management plan.--The term ``management plan'' means the management plan for the Recreation Area prepared under section 4(c). (3) Recreation area.--The term ``Recreation Area'' means the Sacramento River National Recreation Area. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of California. SEC. 3. ESTABLISHMENT OF SACRAMENTO RIVER NATIONAL RECREATION AREA. (a) In General.--To conserve, protect, and enhance the landscape described in subsection (b) in order to promote the outstanding recreational, ecological, geological, scenic, cultural, and historic resources, fish and wildlife values, and other resources of the landscape, there is established the Sacramento River National Recreation Area in the State, to be managed by the Secretary. (b) Boundaries.--The Recreation Area shall consist of approximately 17,869 acres of Federal land in Tehama County and Shasta County, California, adjacent to the Sacramento River, lower Battle Creek, and lower Paynes Creek, as generally depicted on the map entitled ``Sacramento River National Recreation Area'' and dated February 2, 2010. (c) Map.-- (1) In general.--As soon as practicable, but not later than 3 years, after the date of enactment of this Act, the Secretary shall submit a map and legal description of the Recreation Area to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Effect.--The map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the map and legal description. (3) Availability.--Copies of the map submitted under paragraph (1) shall be on file and available for public inspection in-- (A) the Office of the Director of the Bureau of Land Management; and (B) the appropriate office of the Bureau of Land Management in California. (d) Inclusion in National Landscape Conservation System.--The Recreation Area shall be included in the National Landscape Conservation System. SEC. 4. MANAGEMENT. (a) In General.--The Secretary shall manage the Recreation Area to further the purposes described in section 3(a), in accordance with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any other applicable law. (b) Uses.--The Secretary shall only allow uses of the Recreation Area that would further the purposes for which the area is designated, as described in section 3(a). (c) Recreation Area Management Plan.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit a comprehensive plan for the long-range protection and management of the Recreation Area to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Contents of plan.--The management plan-- (A) shall describe the appropriate uses and management of the Recreation Area in accordance with this Act; (B) may incorporate any appropriate decisions, as determined by the Secretary, in accordance with this Act, that are contained in any management or activity plan for the area completed before the date of enactment of this Act; (C) may incorporate appropriate wildlife habitat management plans or other plans prepared for the land within or adjacent to the Recreation Area before the date of enactment of this Act, in accordance with this Act; (D) shall include a monitoring and enforcement strategy; (E) shall be prepared in consultation with-- (i) the Sacramento River National Recreation Area Advisory Council; (ii) appropriate Federal, State, and local agencies (including Tehama County and Shasta County, California); (iii) adjacent landowners; and (iv) other stakeholders; and (F) may use information developed under any studies of land within or adjacent to the Recreation Area carried out before the date of enactment of this Act. (d) Acquisition of Property.-- (1) In general.--The Secretary may acquire land adjacent to the National Recreation Area by purchase from willing sellers, donation, or exchange. (2) Management.--Any land acquired under paragraph (1) shall be managed in accordance with-- (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (B) this Act; and (C) any other applicable law (including regulations). (3) Improved access.--The Secretary may acquire, through voluntary sale, donation, exchange, or easement, land or interest in land to improve public safety in providing access to the Recreation Area. (e) Private Property.-- (1) Access to private property.-- (A) In general.--The Secretary shall provide landowners adequate access to inholdings within the Recreation Area. (B) Inholdings.--For access purposes, private land adjacent to the Recreation Area to which there is no other practicable access except through the Recreation Area shall be managed as an inholding. (2) Use of private property.--Nothing in this Act affects the ownership, management, or other rights relating to any non- Federal land (including any interest in any non-Federal land). (3) Buffer zones.--Nothing in this Act creates a protective perimeter or buffer zone around any area designated as a Recreation Area by this Act. (4) Valid rights.--Nothing in this Act affects any easements, rights-of-way, and other valid rights in existence on the date of enactment of this Act. (f) Water Right Exclusion.--Nothing in this Act-- (1) shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the land designated as a National Recreation Area by section 3(a); or (2) shall affect any water rights existing on the date of enactment of this Act. (g) Hunting and Fishing.--Nothing in this Act-- (1) limits hunting or fishing; or (2) affects the authority, jurisdiction, or responsibility of the State to manage, control, or regulate fish and resident wildlife under State law (including regulations), including the regulation of hunting or fishing on public land managed by the Bureau of Land Management. (h) Motorized Vehicles.--Except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles on public land in the Recreation Area shall be permitted only on routes designated by the management plan for the use of motorized vehicles. (i) Motorized Boats.-- (1) In general.--Nothing in this Act restricts the use of motorized boats on the Sacramento River. (2) Regulation.--Tehama County and Shasta County, California, and the California Department of Boating and Waterways shall retain authority to regulate motorized boating for the purpose of ensuring public safety and environmental protection. (j) Grazing.--In the Recreation Area, the grazing of livestock in areas in which grazing is allowed as of the date of enactment of this Act shall be allowed to continue, consistent with-- (1) this Act; (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (3) any regulations promulgated by the Secretary, acting through the Director of the Bureau of Land Management. (k) Withdrawal.--Subject to valid existing rights, all Federal land within the Recreation Area is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 5. SACRAMENTO RIVER NATIONAL RECREATION AREA ADVISORY COUNCIL. (a) Establishment.--There is established an advisory council to be known as the ``Sacramento River National Recreation Area Advisory Council''. (b) Purpose.--The purposes of the Advisory Council are-- (1) to ensure public involvement in the management of the Recreation Area; (2) to provide advice and recommendations to the Secretary relating to the development, implementation, and amendment of the management plan; and (3) to improve collaborative relationships among persons and entities interested in the management of the Recreation Area. (c) Composition of Council.--The Advisory Council shall consist of 11 members, of whom-- (1) 3 members shall be appointed by the Secretary, based on recommendations from the Board of Supervisors of Tehama County, to represent Tehama County, California; (2) 1 member shall be appointed by the Secretary, based on recommendations from the Board of Supervisors of Shasta County, to represent Shasta County, California; (3) 1 member shall be appointed by the Secretary to represent the conservation community that is carrying out conservation activities in or near the Recreation Area; (4) 1 member shall be appointed by the Secretary from the livestock grazing community in or near the Recreation Area; (5) 1 member shall be appointed by the Secretary to represent Indian tribes in or near the Recreation Area; and (6) 4 members shall be appointed by the Secretary to represent different sectors of the recreation community that are carrying out activities in or near the Recreation Area. (d) Terms.-- (1) In general.--Except as provided in paragraph (3), a member of the Advisory Council shall be appointed to a term of 4 years. (2) Reappointment.--A member of the Advisory Council may be reappointed to additional 4-year terms. (3) Initial term.--Of the members initially appointed to the Advisory Council-- (A) 5 shall be appointed for a term of 2 years; and (B) 6 shall be appointed for a term of 4 years. (e) Chairperson.-- (1) In general.--The Advisory Council shall elect a member of the Advisory Council to serve as chairperson of the Advisory Council. (2) Term.--The chairperson of the Advisory Council shall serve for a term of 1 year. (3) Reelection.--The chairperson may be reelected for additional 1-year terms. (f) Consultation With Secretary.--The Secretary shall consult with the Advisory Council on a periodic basis to discuss matters relating to the development and implementation of the management plan for the Recreation Area. (g) Meetings.-- (1) In general.--The Advisory Council shall meet-- (A) at the call of the Secretary; but (B) not less than-- (i) 4 times annually while the management plan is being developed, unless a majority of members of the Advisory Council determine the meetings to be unnecessary; and (ii) not less than annually after the management plan is completed. (2) Public access.--All meetings of the Advisory Council shall be open to the public. (3) Public comments.--During meetings, the Advisory Council shall provide interested persons a reasonable opportunity to comment on the management of the Recreation Area. (4) Notice.--The Secretary shall provide appropriate notice of the time, date, and location of each meeting of the Advisory Council. (h) Compensation.--Members of the Advisory Council shall serve without pay. (i) Termination.-- (1) In general.--Except as provided in paragraph (2), the Advisory Council shall terminate on the date that is 20 years after the date of enactment of this Act. (2) Exception.--The Secretary may, at the request of the Advisory Council, extend the authority of the Advisory Council beyond the date specified in paragraph (1). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as are necessary.

Sacramento River National Recreation Area Act of 2010 - Establishes the Sacramento River National Recreation Area in California, consisting of specified public land in Tehama and Shasta Counties. Requires the development of a comprehensive plan for the long-range protection and management of the Recreation Area. Establishes the Sacramento River National Recreation Area Advisory Council to provide advice and make recommendations to the Secretary of the Interior related to the development, implementation, and amendment of such plan and to ensure public involvement in the management of such Area.

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

755

SECTION 1. FINDINGS. Congress finds that: (1) Adak Island is an isolated island located 1,200 miles southwest of Anchorage, Alaska, between the Pacific Ocean and the Bering Sea. The Island, with its unique physical and biological features, including a deep water harbor and abundant marine- associated wildlife, was recognized early for both its natural and military values. In 1913, Adak Island was reserved and set aside as a Preserve because of its value to seabirds, marine mammals, and fisheries. Withdrawals of portions of Adak Island for various military purposes date back to 1901 and culminated in the 1959 withdrawal of approximately half of the Island for use by the Department of the Navy for military purposes. (2) By 1990, military development on Adak Island supported a community of 6,000 residents. Outside of the Adak Naval Complex, there was no independent community on Adak Island. (3) As a result of the Defense Base Closure and Realignment Act of 1990 (104 Stat. 1808), as amended, the Adak Naval Complex has been closed by the Department of Defense. (4) The Aleut Corporation is an Alaskan Native Regional Corporation incorporated in the State of Alaska pursuant to the Alaska Native Claims Settlement Act (ANCSA), as amended (43 U.S.C. 1601, et seq.). The Aleut Corporation represents the indigenous people of the Aleutian Islands who prior to the Russian exploration and settlement of the Aleutian Islands were found throughout the Aleutian Islands which includes Adak Island. (5) None of Adak Island was available for selection by The Aleut Corporation under section 14(h)(8) of ANCSA (43 U.S.C. 1613(h)(8)) because it was part of a National Wildlife Refuge and because the portion comprising the Adak Naval Complex was withdrawn for use by the United States Navy for military purposes prior to the passage of ANCSA in December 1971. (6) The Aleut Corporation is attempting to establish a community on Adak and has offered to exchange ANCSA land selections and entitlements for conveyance of certain lands and interests therein on a portion of Adak formerly occupied by the Navy. (7) Removal of a portion of the Adak Island land from refuge status will be offset by the acquisition of high quality wildlife habitat in other Aleut Corporation selections within the Alaska Maritime National Wildlife Refuge, maintaining a resident human population on Adak to control caribou, and making possible a continued United States Fish and Wildlife Service presence in that remote location to protect the natural resources of the Aleutian Islands Unit of the Alaska Maritime National Wildlife Refuge. (8) It is in the public interest to promote reuse of the Adak Island lands by exchanging certain lands for lands selected by The Aleut Corporation elsewhere in the Alaska Maritime National Wildlife Refuge. Experience with environmental problems associated with formerly used defense sites in the State of Alaska suggests that the most effective and efficient way to avoid future environmental problems on Adak is to support and encourage active reuse of Adak. SEC. 2. RATIFICATION OF AGREEMENT. The document entitled the ``Agreement Concerning the Conveyance of Property at the Adak Naval Complex'' (hereinafter ``the Agreement''), and dated September 20, 2000, executed by The Aleut Corporation, the Department of the Interior and the Department of the Navy, together with any technical amendments or modifications to the boundaries that may be agreed to by the parties is hereby ratified, confirmed, and approved and the terms, conditions, procedures, covenants, reservations, indemnities and other provisions set forth in the Agreement are declared to be obligations and commitments of the United States and The Aleut Corporation: Provided, That modifications to the maps and legal descriptions of lands to be removed from the National Wildlife Refuge System within the military withdrawal on Adak Island set forth in Public Land Order 1949 may be made only upon agreement of all Parties to the Agreement and notification given to the Committee on Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate: Provided further, That the acreage conveyed to the United States by The Aleut Corporation under the Agreement, as modified, shall be at least 36,000 acres. SEC. 3. REMOVAL OF LANDS FROM REFUGE. Effective on the date of conveyance to The Aleut Corporation of the Adak Exchange Lands as described in the Agreement, all such lands shall be removed from the National Wildlife Refuge System and shall neither be considered as part of the Alaska Maritime National Wildlife Refuge nor be subject to any laws pertaining to lands within the boundaries of the Alaska Maritime National Wildlife Refuge, including the conveyance restrictions imposed by section 22(g) of ANCSA (43 U.S.C. 1621(g)), for land in the National Wildlife Refuge System. The Secretary shall adjust the boundaries of the Refuge so as to exclude all interests in lands and land rights, surface and subsurface, received by The Aleut Corporation in accordance with this Act and the Agreement. SEC. 4. ALASKA NATIVE CLAIMS SETTLEMENT ACT. Lands and interests therein exchanged and conveyed by the United States pursuant to this Act shall be considered and treated as conveyances of lands or interests therein under the Alaska Native Claims Settlement Act, except that receipt of such lands and interests therein shall not constitute a sale or disposition of land or interests received pursuant to such Act. The public easements for access to public lands and waters reserved pursuant to the Agreement are deemed to satisfy the requirements and purposes of section 17(b) of the Alaska Native Claims Settlement Act. SEC. 5. REACQUISITION OF LANDS. The Secretary of the Interior is authorized to acquire by purchase or exchange, on a willing seller basis only, any land conveyed to The Aleut Corporation under the Agreement and this Act. In the event any of the lands are subsequently acquired by the United States, they shall be automatically included in the Refuge System. The laws and regulations applicable to Refuge lands shall then apply to these lands and the Secretary shall then adjust the boundaries accordingly. SEC. 6. GENERAL. (a) Nothwithstanding the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 483-484) and the Defense Base Closure and Realignment Act of 1990, as amended (10 U.S.C. 2687), and for the purposes of the transfer of property authorized by this Act, Department of Navy personal property that remains on Adak Island is deemed related to the real property and shall be conveyed by the Department of the Navy to The Aleut Corporation at no additional cost when the related real property is conveyed by the Department of the Interior. (b) The Secretary of the Interior shall convey to The Aleut Corporation those lands identified in the Agreement as the former landfill sites without charge to The Aleut Corporation's entitlement under the Alaska Native Claims Settlement Act. (c) Any property, including, but not limited to, appurtenances and improvements, received pursuant to this Act shall, for purposes of section 21(d) of the Alaska Native Claims Settlement Act, as amended, and section 907(d) of the Alaska National Interest Lands Conservation Act, as amended, be treated as not developed until such property is actually occupied, leased (other than leases for nominal consideration to public entities) or sold by The Aleut Corporation, or, in the case of a lease or other transfer by The Aleut Corporation to a wholly owned development subsidiary, actually occupied, leased, or sold by the subsidiary. (d) Upon conveyance to The Aleut Corporation of the lands described in Appendix A of the Agreement, the lands described in Appendix C of the Agreement will become unavailable for selection under ANCSA. (e) The maps included as part of Appendix A to the Agreement depict the lands to be conveyed to The Aleut Corporation. The maps shall be left on file at the Region 7 Office of the United States Fish and Wildlife Service and the offices of Alaska Maritime National Wildlife Refuge in Homer, Alaska. The written legal descriptions of the lands to be conveyed to The Aleut Corporation are also part of Appendix A. In case of any discrepancies, the maps shall be controlling. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Ratifies, confirms, and approves the "Agreement Concerning the Conveyance of Property at the Adak Naval Complex," dated September 20, 2000, and executed by the Aleut Corporation and the Departments of the Interior and the Navy. Permits modifications to the maps and legal descriptions of lands to be removed from the National Wildlife Refuge System (NWRS) within the military withdrawal on Adak Island only upon agreement of all parties and notice to specified congressional committees. Requires the acreage conveyed to the United States to be at least 36,000 acres.Provides that the Adak exchange lands shall be removed from the NWRS and shall not be considered as part of the Alaska Maritime National Wildlife Refuge. Treats lands and interests exchanged and conveyed by the United States pursuant to this Act as conveyances under ANCSA, except that receipt shall not constitute a sale or disposition of land or interests pursuant to such Act. Deems that the public easements for access to public lands and waters reserved pursuant to the Agreement satisfy ANCSA requirements.Authorizes the Secretary of the Interior to acquire, on a willing seller basis, any land conveyed to the Corporation under the Agreement and this Act. Includes acquired lands in the NWRS.Deems Department of Navy personal property that remains on Adak Island to be related to the real property and requires such personal property to be conveyed by such Department to the Corporation at no additional cost when the related real property is conveyed. Requires the Secretary to convey those lands identified in the Agreement as the former landfill sites to the Corporation without charge to its entitlement under ANCSA.Treats any property, including appurtenances and improvements, received pursuant to this Act as not developed until it is actually occupied, leased, or sold by the Corporation or by a wholly owned development subsidiary to which it is transferred..Provides that upon conveyance to the Corporation of the lands described in Appendix A of the Agreement, lands described in Appendix C will become unavailable for selection under ANCSA.

A bill to ratify an agreement between the Aleut Corporation and the United States of America to exchange land rights received under the Alaska Native Claims Settlement Act for certain land interests on Adak Island, and for other purposes.

756

SECTION 1. SHORT TITLE. This Act may be cited as the ``COPS Improvements Act of 2009''. SEC. 2. COPS GRANT IMPROVEMENTS. (a) In General.--Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Grant Authorization.--The Attorney General shall carry out grant programs under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, multi-jurisdictional or regional consortia, and individuals for the purposes described in subsections (b), (c), (d), and (e).''; (2) in subsection (b)-- (A) by striking the subsection heading text and inserting ``Community Policing and Crime Prevention Grants''; (B) in paragraph (3), by striking ``, to increase the number of officers deployed in community-oriented policing''; (C) in paragraph (4), by inserting ``or train'' after ``pay for''; (D) by inserting after paragraph (4) the following: ``(5) award grants to hire school resource officers and to establish school-based partnerships between local law enforcement agencies and local school systems to combat crime, gangs, drug activities, and other problems in and around elementary and secondary schools;''; (E) by striking paragraph (9); (F) by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively; (G) by striking paragraph (13); (H) by redesignating paragraphs (14) through (17) as paragraphs (12) through (15), respectively; (I) in paragraph (14), as so redesignated, by striking ``and'' at the end; (J) in paragraph (15), as so redesignated, by striking the period at the end and inserting a semicolon; and (K) by adding at the end the following: ``(16) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use, including the manufacturing, distribution, and use of methamphetamine; and ``(17) award enhancing community policing and crime prevention grants that meet emerging law enforcement needs, as warranted.''; (3) by striking subsection (c); (4) by striking subsections (h) and (i); (5) by redesignating subsections (d) through (g) as subsections (f) through (i), respectively; (6) by inserting after subsection (b) the following: ``(c) Troops-to-Cops Programs.-- ``(1) In general.--Grants made under subsection (a) may be used to hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community- oriented policing, particularly in communities that are adversely affected by a recent military base closing. ``(2) Definition.--In this subsection, `former member of the Armed Forces' means a member of the Armed Forces of the United States who is involuntarily separated from the Armed Forces within the meaning of section 1141 of title 10, United States Code. ``(d) Community Prosecutors Program.--The Attorney General may make grants under subsection (a) to pay for additional community prosecuting programs, including programs that assign prosecutors to-- ``(1) handle cases from specific geographic areas; and ``(2) address counter-terrorism problems, specific violent crime problems (including intensive illegal gang, gun, and drug enforcement and quality of life initiatives), and localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others. ``(e) Technology Grants.--The Attorney General may make grants under subsection (a) to develop and use new technologies (including interoperable communications technologies, modernized criminal record technology, and forensic technology) to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies.''; (7) in subsection (f), as so redesignated-- (A) in paragraph (1), by striking ``to States, units of local government, Indian tribal governments, and to other public and private entities,''; (B) in paragraph (2), by striking ``define for State and local governments, and other public and private entities,'' and inserting ``establish''; (C) in the first sentence of paragraph (3), by inserting ``(including regional community policing institutes)'' after ``training centers or facilities''; and (D) by adding at the end the following: ``(4) Exclusivity.--The Office of Community Oriented Policing Services shall be the exclusive component of the Department of Justice to perform the functions and activities specified in this paragraph.''; (8) in subsection (g), as so redesignated, by striking ``may utilize any component'', and all that follows and inserting ``shall use the Office of Community Oriented Policing Services of the Department of Justice in carrying out this part.''; (9) in subsection (h), as so redesignated-- (A) by striking ``subsection (a)'' the first place that term appears and inserting ``paragraphs (1) and (2) of subsection (b)''; and (B) by striking ``in each fiscal year pursuant to subsection (a)'' and inserting ``in each fiscal year for purposes described in paragraph (1) and (2) of subsection (b)''; (10) in subsection (i), as so redesignated, by striking the second sentence; and (11) by adding at the end the following: ``(j) Retention of Additional Officer Positions.--For any grant under paragraph (1) or (2) of subsection (b) for hiring or rehiring career law enforcement officers, a grant recipient shall retain each additional law enforcement officer position created under that grant for not less than 12 months after the end of the period of that grant, unless the Attorney General waives, wholly or in part, the retention requirement of a program, project, or activity.''. (b) Applications.--Section 1702 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended-- (1) in subsection (c)-- (A) in the matter preceding paragraph (1), by inserting ``, unless waived by the Attorney General'' after ``under this part shall''; (B) by striking paragraph (8); and (C) by redesignating paragraphs (9) through (11) as paragraphs (8) through (10), respectively; and (2) by striking subsection (d). (c) Renewal of Grants.--Section 1703 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as follows: ``SEC. 1703. RENEWAL OF GRANTS. ``(a) In General.--A grant made under this part may be renewed, without limitations on the duration of such renewal, to provide additional funds, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application. ``(b) No Cost Extensions.--Notwithstanding subsection (a), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award.''. (d) Limitation on Use of Funds.--Section 1704 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended-- (1) in subsection (a), by striking ``that would, in the absence of Federal funds received under this part, be made available from State or local sources'' and inserting ``that the Attorney General determines would, in the absence of Federal funds received under this part, be made available for the purpose of the grant under this part from State or local sources''; and (2) by striking subsection (c). (e) Enforcement Actions.-- (1) In general.--Section 1706 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended-- (A) in the section heading, by striking ``revocation or suspension of funding'' and inserting ``enforcement actions''; and (B) by striking ``revoke or suspend'' and all that follows and inserting ``take any enforcement action available to the Department of Justice.''. (2) Technical and conforming amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711) is amended by striking the item relating to section 1706 and inserting the following: ``Sec. 1706. Enforcement actions.''. (f) Definitions.--Section 1709(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended-- (1) by inserting ``who is a sworn law enforcement officer'' after ``permanent basis''; and (2) by inserting ``, including officers for the Amtrak Police Department'' before the period at the end. (g) Authorization of Appropriations.--Section 1001(11) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(11)) is amended-- (1) in subparagraph (A), by striking ``$1,047,119,000 for each of fiscal years 2006 through 2009'' and inserting ``$1,150,000,000 for each of fiscal years 2009 through 2014''; and (2) in subparagraph (B)-- (A) in the first sentence, by striking ``3 percent'' and inserting ``5 percent''; and (B) by striking the second sentence and inserting the following: ``Of the funds available for grants under part Q, not less than $600,000,000 shall be used for grants for the purposes specified in section 1701(b), not more than $200,000,000 shall be used for grants under section 1701(d), and not more than $350,000,000 shall be used for grants under section 1701(e).''. (h) Purposes.--Section 10002 of the Public Safety Partnership and Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended-- (1) in paragraph (4), by striking ``development'' and inserting ``use''; and (2) in the matter following paragraph (4), by striking ``for a period of 6 years''. (i) COPS Program Improvements.-- (1) In general.--Section 109(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is amended-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (C) in paragraph (2), as so redesignated, by inserting ``, except for the program under part Q of this title'' before the period. (2) Law enforcement computer systems.--Section 107 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712f) is amended by adding at the end the following: ``(c) Exception.--This section shall not apply to any grant made under part Q of this title.''.

COPS Improvements Act of 2009 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the authority of the Attorney General to make grants for public safety and community policing programs (COPS ON THE BEAT grant program). Authorizes grants to: (1) hire school resource officers and establish local partnerships to combat crime, gangs, drug activities, and other problems in elementary and secondary schools; (2) establish and implement programs to reduce and prevent illegal drug activities, including the manufacturing, distribution, and use of methamphetamine; and (3) meet emerging law enforcement needs, as warranted. Authorizes the use of COPS ON THE BEAT grants to hire former members of the Armed Forces to serve as career law enforcement officers. Authorizes the Attorney General to make grants for: (1) assigning prosecutors to handle cases from specific geographic areas and to address counter-terrorism problems and violent crime in local communities; and (2) developing new technologies to assist state and local law enforcement agencies in crime prevention and training. Grants the Office of Community Oriented Policing Services exclusive authority to perform functions and activities under COPS ON THE BEAT grant program. Authorizes the Attorney General to extend grant periods and to renew grants if the grant recipient can demonstrate significant progress in achieving the objectives of the initial grant application. Increases and extends the authorization of appropriations for the COPS ON THE BEAT grant program for FY2009-FY2014.

A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the COPS ON THE BEAT grant program, and for other purposes.

757

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Reserve Heritage Areas Study Act''. SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING THE WESTERN RESERVE, OHIO. (a) Findings.--The Congress finds the following: (1) The area that encompasses the modern-day counties of Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland in Ohio with the rich history in what was once the Western Reserve, has made a unique contribution to the cultural, political and industrial development of the United States. (2) The Western Reserve is distinctive as the land settled by the people of Connecticut after the Revolutionary War. The Western Reserve holds a unique mark as the original wilderness land of the West that many settlers migrated to in order to begin life outside of the original 13 colonies. (3) The Western Reserve played a significant role in providing land to the people of Connecticut whose property and land was destroyed during the Revolution. These settlers were descendants of the brave immigrants who came to the Americas in the 17th century. (4) The Western Reserve offered a new destination for those who moved west in search of land and prosperity. The agricultural and industrial base that began in the Western Reserve still lives strong in these prosperous and historical counties. (5) The heritage of the Western Reserve remains transfixed in the counties of Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland in Ohio. The people of these counties are proud of their heritage as shown through the unwavering attempts to preserve agricultural land and the industrial foundation that has been embedded in this region since the establishment of the Western Reserve. Throughout these counties, historical sites, and markers preserve the unique traditions and customs of its original heritage. (6) The counties that encompass the Western Reserve continue to maintain a strong connection to its historic past as seen through its preservation of its local heritage, including historic homes, buildings, and centers of public gatherings. (7) There is a need for assistance for the preservation and promotion of the significance of the Western Reserve as the natural, historic and cultural heritage of the counties of Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa and Ashland in Ohio. (8) The Department of the Interior is responsible for protecting the Nation's cultural and historical resources. There are significant examples of such resources within these counties and what was once the Western Reserve to merit the involvement of the Federal Government in the development of programs and projects, in cooperation with the State of Ohio and other local governmental entities, to adequately conserve, protect, and interpret this heritage for future generations, while providing opportunities for education and revitalization. (b) Study.-- (1) In general.--The Secretary, acting through the National Park Service Rivers, Trails, and Conservation Assistance Program, Midwest Region, and in consultation with the State of Ohio, the counties of Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland, and other appropriate organizations, shall carry out a study regarding the suitability and feasibility of establishing the Western Reserve Heritage Area in these counties in Ohio. (2) Contents.--The study shall include analysis and documentation regarding whether the Study Area-- (A) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story; (C) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features; (D) provides outstanding recreational and educational opportunities; (E) contains resources important to the identified theme or themes of the Study Area that retain a degree of integrity capable of supporting interpretation; (F) includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles for all participants, including the Federal Government, and have demonstrated support for the concept of a national heritage area; (G) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; (H) has a conceptual boundary map that is supported by the public; and (I) has potential or actual impact on private property located within or abutting the Study Area. (c) Boundaries of the Study Area.--The Study Area shall be comprised of the counties of Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland in Ohio. Passed the House of Representatives March 14, 2005. Attest: JEFF TRANDAHL, Clerk.

Western Reserve Heritage Areas Study Act - Requires the Secretary of the Interior, acting through the National Park Service Rivers, Trails, and Conservation Assistance Program, Midwest Region, to conduct a study regarding the suitability and feasibility of establishing the Western Reserve Heritage Area in the Ohio counties of Trumbull, Mahoning, Ashtabula, Portage, Geague, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland.

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

758

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficient Government Technology Act''. SEC. 2. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION AND COMMUNICATIONS TECHNOLOGIES. Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended-- (1) by redesignating the second subsection (f) (relating to large capital energy investments) as subsection (g); and (2) by adding at the end the following: ``(h) Federal Implementation Strategy for Energy-Efficient and Energy-Saving Information and Communications Technologies.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, each Federal agency shall collaborate with the Director of the Office of Management and Budget (referred to in this subsection as the `Director') to develop an implementation strategy (including best-practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy- efficient and energy-saving information and communications technologies and practices. ``(2) Content.--Each implementation strategy shall be flexible, cost-effective, and based on the specific operating requirements and statutory mission of the agency. ``(3) Administration.--In developing an implementation strategy, each Federal agency shall-- ``(A) consider information and communications technologies (referred to in this subsection as `ICT') and related infrastructure and practices, such as-- ``(i) advanced metering infrastructure; ``(ii) ICT services and products; ``(iii) efficient data center strategies and methods of increasing ICT asset and related infrastructure utilization; ``(iv) ICT and related infrastructure power management; ``(v) building information modeling, including building energy management; and ``(vi) secure telework and travel substitution tools; and ``(B) ensure that the agency realizes the savings and rewards brought about through increased efficiency and utilization. ``(4) Performance goals.-- ``(A) In general.--Not later than 180 days after the date of enactment of this subsection, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information and communications technology systems and practices. ``(B) Energy efficient data centers.--The Director shall include within the performance goals established under this paragraph-- ``(i) specifications and benchmarks that will enable Federal data center operators to make more informed decisions about the energy efficiency and cost savings of data centers, including an overall Federal target for increased energy efficiency, with initial reliance on the Power Usage Effectiveness metric; ``(ii) overall asset utilization; and ``(iii) recommendations and best practices for how the benchmarks will be attained, with the recommendations to include a requirement for agencies to evaluate the use of energy savings performance contracting and utility energy services contracting as preferred acquisition methods. ``(C) Administration.--The performance goals established under this paragraph shall-- ``(i) measure information technology costs over a specific time period of 3 to 5 years; ``(ii) measure cost savings attained via the use of energy-efficient and energy-saving information and communications solutions during the same time period; and ``(iii) provide, to the maximum extent practicable, a complete picture of all costs and savings, including energy costs and savings. ``(5) Federal data centers task force.-- ``(A) In general.--The Director shall maintain a Governmentwide Data Center Task Force comprised of Federal data center program managers, facilities managers, and sustainability officers. ``(B) Duties.--The members of the task force shall-- ``(i) be responsible for working together to share progress toward individual agency goals and the overall Federal target for increased energy efficiency; and ``(ii) regularly exchange best practices and other strategic information related to energy efficiency with the private sector. ``(6) Reports.-- ``(A) Agency reports.--Each Federal agency subject to the requirements of this subsection shall include in the report of the agency under section 527 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17143) a description of the efforts and results of the agency under this subsection. ``(B) OMB government efficiency reports and scorecards.--Effective beginning not later than October 1, 2013, the Director shall include in the annual report and scorecard of the Director required under section 528 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17144) a description of the efforts and results of Federal agencies under this subsection.''. SEC. 3. ENERGY EFFICIENT DATA CENTERS. Section 453 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112) is amended-- (1) in subsection (c), by striking paragraph (1) and inserting the following: ``(1) In general.--Not later than 30 days after the date of enactment of the Energy Efficient Government Technology Act, the Secretary and the Administrator shall-- ``(A) designate an established information technology industry organization to coordinate the program described in subsection (b); and ``(B) make the designation public, including on an appropriate website.''; (2) by striking subsections (e) and (f) and inserting the following: ``(e) Study.--The Secretary, with assistance from the Administrator, shall-- ``(1) not later than December 31, 2013, make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109-431 (120 Stat. 2920), that provides-- ``(A) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2012; ``(B) an analysis considering the impact of information and communications technologies asset and related infrastructure utilization solutions, to include virtualization and cloud computing-based solutions, in the public and private sectors; and ``(C) updated projections and recommendations for best practices; and ``(2) collaborate with the organization designated under subsection (c) in preparing the report. ``(f) Data Center Energy Practitioner Program.-- ``(1) In general.--The Secretary, in collaboration with the organization designated under subsection (c) and the Federal Chief Information Officer, shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in data centers. ``(2) Evaluations.--Each Federal agency shall have the data centers of the agency evaluated every 4 years by energy practitioners certified pursuant to the program, whenever practicable using certified practitioners employed by the agency.''; (3) by redesignating subsection (g) as subsection (j); and (4) by inserting after subsection (f) the following: ``(g) Open Data Initiative.-- ``(1) In general.--The Secretary, in collaboration with the organization designated under subsection (c) and the Federal Chief Information Officer, shall establish an open data initiative for Federal data center energy usage data, with the purpose of making the data available and accessible in a manner that empowers further data center innovation while protecting United States national security interests. ``(2) Administration.--In establishing the initiative, the Secretary shall consider use of the online Data Center Maturity Model. ``(h) International Specifications and Metrics.--The Secretary, in collaboration with the organization designated under subsection (c), shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency. ``(i) ICT Asset Utilization Metric.--The Secretary, in collaboration with the organization designated under subsection (c), shall assist in the development of an efficiency metric that measures the energy efficiency of the overall data center, including information and communications technology systems and related infrastructure.''.

Energy Efficient Government Technology Act - Amends the National Energy Conservation Policy Act, with respect to federal agency energy management, to require each agency to collaborate with the Director of the Office of the Management and Budget (OMB) to develop an implementation strategy for the maintenance, purchase, and use of energy-efficient and energy-saving information and communications technologies (ICT) and practices that is based on the agency's operating requirements and statutory mission. Includes as part of such a strategy consideration of ICT and related infrastructure and practices. Requires the OMB Director to: (1) establish performance goals for evaluating the efforts of agencies in improving such technology systems and practices; and (2) maintain a data centers task force responsible for sharing progress toward individual agency goals and the overall target for increased energy efficiency, including through exchanges of best practices and energy efficiency information with the private sector. Sets forth reporting requirements. Amends the Energy Independence and Security Act of 2007, with respect to data center energy efficiency, to require: publication of the designation of the information technology industry organization that coordinates the voluntary national information program for such centers; updating and publication of a report on server and data center efficiency, including an analysis of the impact of ICT asset and related infrastructure utilization solutions; maintenance of a data center energy practitioner program that leads to the certification of practitioners qualified to evaluate energy usage and efficiency opportunities; evaluation of agency data centers every four years by such certified energy practitioners employed by the agency; establishment of an open data initiative for federal data center usage data; consideration of the online Data Center Maturity Model in establishing the initiative; active participation by the Secretary of Energy (DOE) in efforts to harmonize global specifications and metrics for data center energy efficiency; and assistance by the Secretary in the development of an efficiency metric that measures the energy efficiency of the overall data center.

Energy Efficient Government Technology Act

759

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Teen and Novice Driver Uniform Protection Act of 2011'' or the ``STANDUP Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The National Highway Traffic Safety Administration has reported that-- (A) motor vehicle crashes are the leading cause of death of Americans between 15 and 20 years of age; (B) between 1999 and 2009, more than 90,000 Americans were killed in motor vehicle crashes involving drivers between 15 and 20 years of age, an average of 155 deaths per week; (C) drivers between 16 and 20 years of age have a fatality rate that is 4 times higher than the rate for drivers between 25 and 70 years of age; and (D) teenage drivers who are 16 years of age have a motor vehicle crash rate that is almost 10 times higher than the crash rate for drivers between 30 and 60 years of age. (2) The National Transportation Safety Board found that during the most recent 10-year period-- (A) teen drivers comprised less than 7 percent of the driving population and accounted for more than 13 percent of drivers involved in all deadly crashes; and (B) more than 20 percent of all highway fatalities occurred in crashes that involved teen drivers. (3) Analysis by the Children's Hospital of Philadelphia Research Institute shows that-- (A) teenage drivers comprise approximately 40 percent of the fatalities in motor vehicle crashes in which they are involved; and (B) the other 60 percent of the fatalities in those crashes are-- (i) passengers who were riding in the vehicle with the teen driver; (ii) drivers and passengers in other vehicles involved in a crash with the teen driver's vehicle; and (iii) pedestrians. (4) According to the Insurance Institute for Highway Safety-- (A) the chance that a vehicle driven by a 16- or 17-year-old will be involved in an accident-- (i) doubles when there are 2 other teens in the vehicle; and (ii) quadruples when there are 4 teens in the vehicle; (B) States with strong nighttime driving restrictions experience lower fatal crash rates among drivers ages 15 to 17 years old; and (C) a higher age requirement for licensing teen drivers is correlated with a lower number of fatal crashes per capita. (5) The National Highway Traffic Safety Administration has found that distraction caused by cellular phones is significant enough to degrade driver performance, and is particularly dangerous for inexperienced drivers between 15 and 20 years of age. (6) That National Transportation Safety Board has found that although only 20 percent of driving by teenage drivers occurs at night, more than 50 percent of the motor vehicle crash fatalities involving teenage drivers occur at night. (7) According to a 2007 report from the Texas Transportation Institute at Texas A&M University-- (A) teenage drivers in rural areas are less likely to be aware of the risks and dangers associated with driving, placing them at higher risk of involvement in crashes; (B) teen drivers are more likely than other drivers-- (i) to drive with other teenage passengers; (ii) to drive late at night; (iii) to exceed the speed limit; (iv) to use cell phones while driving; and (v) to fail to use seat belts while driving. (8) The National Highway Traffic Safety Administration reports that although 23 percent of the population of the United States lives in rural areas, 57 percent of all traffic fatalities occur on rural roads, underscoring the elevated crash risk for teen drivers in rural areas. (9) The American Academy of Pediatrics has found evidence that the area of the brain responsible for planning, impulse control, and executive decisionmaking does not fully mature until a person is between 20 and 25 years of age, placing teen drivers at greater risk of being involved in an accident. (10) The Journal of the American Medical Association reports that after Michigan and North Carolina adopted comprehensive graduated driver licensing systems in 1997, crashes involving 16-year-old drivers decreased by 25 percent in Michigan and by 27 percent in North Carolina. (11) According to the Office of the Illinois Secretary of State, teen driving deaths dropped by over 40 percent in Illinois in the first full year following the 2007 implementation of a stronger graduated driver licensing law. (12) The National Transportation Safety Board reports that over 40 States and the District of Columbia have implemented some type of 3-stage graduated driver licensing system. However, most States have not yet enacted all of the lifesaving safety features of graduated driver licensing laws recommended by the National Transportation Safety Board and supported by research to protect the lives of teenage and novice drivers. (13) A 2010 national survey by the Insurance Institute of Highway Safety indicates that-- (A) parents of teens favor graduated driver licensing laws that are as strict or stricter than those that currently exist in any State; (B) \2/3\ of parents of teens believe that young drivers should begin learning to drive at 16 years of age or older; (C) more than \1/2\ of parents of teens believe that the minimum licensing age should be 17 years of age or older; (D) 90 percent of parents of teens support a restriction on unsupervised nighttime driving; (E) more than 75 percent of parents of teens believe that the restriction on unsupervised nighttime driving should begin at 10 p.m. or earlier; (F) 89 percent of parents of teens support restrictions on teen passengers; and (G) more than 75 percent of parents of teens believe that teen drivers should not be permitted to more than 1 teen passenger in their vehicle. SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS. (a) Minimum Requirements.-- (1) In general.--A State is in compliance with this section if the State has a graduated driver licensing law that requires novice drivers younger than 21 years of age to comply with the 2-stage licensing process described in paragraph (2) before receiving an unrestricted driver's license. (2) Licensing process.--A State is in compliance with the 2-stage licensing process described in this paragraph if the State's driver's license laws include-- (A) a learner's permit stage that-- (i) commences at 16 years of age or older; (ii) is at least 6 months in duration; (iii) prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation; and (iv) remains in effect until-- (I) the commencement of the intermediate stage; or (II) the driver reaches 18 years of age; (B) an intermediate stage that-- (i) commences immediately after the expiration of the learner's permit stage; (ii) is at least 6 months in duration; (iii) prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation; (iv) prohibits driving at night; (v) prohibits the driver from operating a motor vehicle with more than 1 non-familial passenger younger than 21 years of age unless a licensed driver who is at least 21 years of age is in the motor vehicle; and (vi) remains in effect until the driver reaches 18 years of age; and (C) any other requirement that the Secretary of Transportation may require, including-- (i) in the learner's permit stage-- (I) at least 40 hours of behind- the-wheel training with a licensed driver who is at least 21 years of age; (II) a driver training course; and (III) a requirement that any such driver be accompanied and supervised by a licensed driver who is at least 21 years of age at all times while such driver is operating a motor vehicle; and (ii) in the learner's permit or intermediate stage, a requirement that, in addition to any other penalties imposed by State law, the grant of an unrestricted driver's license be automatically delayed for any individual who, during the learner's permit or intermediate stage, is convicted of a driving-related offense, such as-- (I) driving while intoxicated; (II) misrepresentation of his or her true age; (III) reckless driving; (IV) driving without wearing a seat belt; (V) speeding; or (VI) any other driving-related offense, as determined by the Secretary. (b) Rulemaking.-- (1) In general.--The Secretary of Transportation shall promulgate regulations necessary to implement this section in accordance with the notice and comment provisions under section 553 of title 5, United States. (2) Exception.--A State that otherwise meets the minimum requirements set forth in subsection (a) shall be deemed by the Secretary to be in compliance with this section regardless of whether a State law, which was enacted by the State before January 1, 2011, establishes a class of license that permits licensees younger than 18 years of age to drive a motor vehicle in connection with work performed on or for the operation of a farm owned by family members who are directly related to the licensees. SEC. 4. INCENTIVE GRANTS. (a) In General.--For each of the first 3 fiscal years beginning after the date of enactment of this Act, the Secretary of Transportation shall award a grant to any State that submits an application under subsection (b) if that State is in compliance with section 3(a) on or before the first day of that fiscal year. (b) Application.-- (1) In general.--Any State desiring a grant under this section shall submit an application to the Secretary of Transportation at such time, in such manner, and containing such information as the Secretary may require, including a certification by the Governor of the State that the State is in compliance with section 3(a). (2) Review.--The Secretary shall review each State application and determine whether or not the State is in compliance with section 3(a). (c) Grants.--Amounts appropriated to carry out this section for each fiscal year shall be apportioned to each State that is in compliance with section 3(a) in an amount determined by multiplying-- (1) the amount appropriated to carry out this section for such fiscal year; by (2) the ratio that the amount of funds apportioned to each such State for such fiscal year under section 402 of title 23, United States Code, bears to the total amount of funds apportioned to all such States for such fiscal year under such section. (d) Use of Funds.--Amounts received by a State from a grant awarded under this section may be used for-- (1) enforcing a 2-stage licensing process that complies with section 3(a)(2); (2) training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in paragraph (1); (3) publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law; and (4) carrying out other administrative activities that the Secretary considers relevant to the State's 2-stage licensing process. (e) Authorization of Appropriations.--There is authorized to be appropriated $25,000,000, out of the Highway Trust Fund (other than the Mass Transit Account), to carry out this section during each fiscal year described in subsection (a). SEC. 5. WITHHOLDING OF FUNDS FOR NONCOMPLIANCE. (a) In General.-- (1) Fourth fiscal year.--On the first day of the fourth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 3 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if the State is not in compliance with section 3(a) on the first day of such fiscal year. (2) Fifth fiscal year.--On the first day of the fifth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 5 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if that State is not in compliance with section 3(a) on the first day of such fiscal year. (3) Sixth and subsequent fiscal years.--On the first day of each fiscal year after the fifth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 10 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if that State is not in compliance with section 3(a) on the first day of such fiscal year. (b) Period of Availability of Withheld Funds.-- (1) Funds withheld before the end of the sixth fiscal year.--Any amount withheld from any State under subsection (a) on or before the last day of the sixth fiscal year beginning after the date of the enactment of this Act, shall remain available for distribution to the State under subsection (c) until the end of the third fiscal year following the fiscal year for which such amount is appropriated. (2) Funds withheld after the sixth fiscal year.--Any amount withheld under subsection (a)(2) from any State after the end of the sixth fiscal year beginning after the date of the enactment of this Act, may not be distributed to the State. (c) Apportionment of Withheld Funds After Compliance.-- (1) In general.--If, before the last day of the period for which funds withheld under subsection (a) remain available to a State under subsection (b), the State comes into compliance with section 3(a), the Secretary of Transportation shall, on the first day on which the Secretary determines the State has come into compliance, distribute to the State any amounts withheld under subsection (a) that remains available for apportionment to the State. (2) Period of availability of subsequently apportioned funds.--Any amount distributed under paragraph (1) shall remain available for expenditure by the State until the end of the third fiscal year following the year for which the funds are so apportioned. Any amount not expended by the State by the end of such period shall revert back to the Treasury of the United States. (3) Effect of noncompliance.--If a State is not in compliance with section 3(a) at the end of the period for which any amount withheld under subsection (a) remains available for distribution to the State under subsection (b), such amount shall revert back to the Treasury of the United States.

Safe Teen and Novice Driver Uniform Protection Act of 2011 or STANDUP Act - Authorizes the Secretary of Transportation to award incentive grants to states with graduated driver licensing laws that require novice drivers younger than age 21 to comply with a two-stage licensing process before receiving an unrestricted driver's license. Requires such laws, at a minimum, to include: (1) a learner's permit stage that commences at age 16 or older, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, and remains in effect until commencement of the intermediate stage or the driver attains age 18; (2) an intermediate stage in effect until the driver attains age 18 that commences immediately after expiration of the learner's permit stage, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, prohibits nighttime driving, prohibits more than one non-familial passenger under age 21 unless there is a licensed driver at least age 21 present in the vehicle; and (3) any other requirement that the Secretary may require. Deems a state that meets such minimum requirements to be in compliance regardless of whether a state law, enacted before January 1, 2011, establishes a class of license that permits licensees younger than age 18 to drive a motor vehicle in connection with work performed on or for the operation of a farm owned by family members of the licensees. Directs the Secretary to withhold a certain percentage of federal-aid highway funds from states that do not comply with the requirements of this Act.

A bill to provide driver safety grants to States with graduated driver licensing laws that meet certain minimum requirements.

760

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Clinical Care Commission Act''. SEC. 2. NATIONAL CLINICAL CARE COMMISSION. (a) Establishment.--There is hereby established, within the Department of Health and Human Services, a National Clinical Care Commission (in this section referred to as the ``Commission'') to evaluate and make recommendations regarding improvements to the coordination and leveraging of programs within the Department and other Federal agencies related to awareness and clinical care for at least one, but not more than two, complex metabolic or autoimmune diseases resulting from issues related to insulin that represent a significant disease burden in the United States, which may include complications due to such diseases. (b) Membership.-- (1) In general.--The Commission shall be composed of the following voting members: (A) The heads of the following Federal agencies and departments, or their designees: (i) The Centers for Medicare & Medicaid Services. (ii) The Agency for Healthcare Research and Quality. (iii) The Centers for Disease Control and Prevention. (iv) The Indian Health Service. (v) The Department of Veterans Affairs. (vi) The National Institutes of Health. (vii) The Food and Drug Administration. (viii) The Health Resources and Services Administration. (ix) The Department of Defense. (x) The Department of Agriculture. (xi) The Office of Minority Health. (B) Twelve additional voting members appointed under paragraph (2). (2) Additional members.--The Commission shall include additional voting members, as may be appointed by the Secretary, with expertise in the prevention, care, and epidemiology of any of the diseases and complications described in subsection (a), including one or more such members from each of the following categories: (A) Physician specialties, including clinical endocrinologists, that play a role in the prevention or treatment of diseases and complications described in subsection (a). (B) Primary care physicians. (C) Non-physician health care professionals. (D) Patient advocates. (E) National experts, including public health experts, in the duties listed under subsection (c). (F) Health care providers furnishing services to a patient population that consists of a high percentage (as specified by the Secretary) of individuals who are enrolled in a State plan under title XIX of the Social Security Act or who are not covered under a health plan or health insurance coverage. (3) Chairperson.--The members of the Commission shall select a chairperson from the members appointed under paragraph (2). (4) Meetings.--The Commission shall meet at least twice, and not more than four times, a year. (5) Vacancies.--A vacancy on the Commission shall be filled in the same manner as the original appointments. (c) Duties.--The Commission shall evaluate and make recommendations, as appropriate, to the Secretary of Health and Human Services and Congress regarding-- (1) Federal programs of the Department of Health and Human Services that focus on preventing and reducing the incidence of the diseases and complications described in subsection (a); (2) current activities and gaps in Federal efforts to support clinicians in providing integrated, high-quality care to individuals with the diseases and complications described in subsection (a); (3) the improvement in, and improved coordination of, Federal education and awareness activities related to the prevention and treatment of the diseases and complications described in subsection (a), which may include the utilization of new and existing technologies; (4) methods for outreach and dissemination of education and awareness materials that-- (A) address the diseases and complications described in subsection (a); (B) are funded by the Federal Government; and (C) are intended for health care professionals and the public; and (5) whether there are opportunities for consolidation of inappropriately overlapping or duplicative Federal programs related to the diseases and complications described in subsection (a). (d) Operating Plan.--Not later than 90 days after its first meeting, the Commission shall submit to the Secretary of Health and Human Services and the Congress an operating plan for carrying out the activities of the Commission as described in subsection (c). Such operating plan may include-- (1) a list of specific activities that the Commission plans to conduct for purposes of carrying out the duties described in each of the paragraphs in subsection (c); (2) a plan for completing the activities; (3) a list of members of the Commission and other individuals who are not members of the Commission who will need to be involved to conduct such activities; (4) an explanation of Federal agency involvement and coordination needed to conduct such activities; (5) a budget for conducting such activities; and (6) other information that the Commission deems appropriate. (e) Final Report.--By not later than 3 years after the date of the Commission's first meeting, the Commission shall submit to the Secretary of Health and Human Services and the Congress a final report containing all of the findings and recommendations required by this section. (f) Sunset.--The Commission shall terminate 60 days after submitting its final report, but not later than the end of fiscal year 2021. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on September 6, 2017. National Clinical Care Commission Act (Sec. 2) This bill establishes within the Department of Health and Human Services (HHS) a National Clinical Care Commission to evaluate and make recommendations regarding improvements to the coordination and leveraging of federal programs related to complex metabolic or autoimmune diseases that result from issues related to insulin and represent a significant disease burden (e.g., diabetes). The commission must report on: (1) HHS programs that focus on prevention, (2) current activities and gaps in federal efforts to support clinicians in providing integrated care, (3) improvement in federal education and awareness activities related to prevention and treatment, (4) methods for outreach and dissemination of education and awareness materials, and (5) opportunities for consolidation of overlapping federal programs. The commission must submit an operating plan to HHS and Congress within 90 days of its first meeting. The commission is terminated after it submits a final report, but not later than the end of FY2021.

National Clinical Care Commission Act

761

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 purpose of this Act is to establish a consistent and enforceable standard for labeling of foods produced using genetic engineering, including fish, thereby providing consumers with knowledge of how their food is produced. (b) Findings.--Congress finds that-- (1) the process of genetically engineering food organisms results in material changes to food derived from those organisms; (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; and (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. 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 such information is clearly disclosed, as determined by the Secretary. ``(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) is a food that would be subject to this paragraph solely because it was produced using a genetically engineered vaccine; or ``(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. ``(3) In this paragraph: ``(A) The term `genetic engineering' means a process involving the application of-- ``(i) in vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles; or ``(ii) fusion of cells beyond the taxonomic family that-- ``(I) overcome natural physiological reproductive or recombinant barriers; and ``(II) are not techniques 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) 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 section 403(z) 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 section 403(z) 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) 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)''. (c) 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.''. (d) 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 - Amends the Federal Food, Drug, and Cosmetic Act to deem misbranded any food that has been genetically engineered or contains one or more genetically engineered ingredients, unless such information is clearly disclosed. Exempts from this requirement any food that: (1) is served in restaurants or other similar eating establishments, (2) is a medical food, (3) would be subject to such requirement solely because it was produced using a genetically engineered vaccine, or (4) would be subject to such requirement solely because it includes the use of a genetically engineered processing aid (including yeast) or enzyme. Defines "genetically engineered" as a material intended for human consumption that is: (1) an organism produced through the intentional use of genetic engineering, or (2) the progeny of intended sexual or asexual reproduction (or both) of one or more organisms that is the product of genetic engineering. Defines "genetically engineered ingredient" as an ingredient in a food that is derived from any part of an organism that has been genetically engineered, without regard to whether: (1) the altered molecular or cellular characteristics of the organism are detectable in the material, and (2) the organism is capable for use as human food. Excludes from penalties for misbranding of genetically engineered food or ingredients any recipient that establishes a guaranty or undertaking that: (1) is signed by, and contains the name and address of, a person residing in the United States from whom the recipient received the food in good faith (including the receipt of seeds to grow raw agricultural commodities); and (2) contains a statement to the effect that the food is not genetically engineered or does not contain a genetically engineered ingredient. Applies this exclusion from penalties without regard to the manner in which the recipient uses the food. Excludes an agricultural producer also from such penalties when a violation occurs because food the producer has grown, raised, or otherwise produced, which neither contains nor was produced with a genetically engineered material, is subsequently contaminated with a food that does contain or was produced with a genetically engineered material, and the agricultural producer has not intended any such contamination nor was negligent in the matter.

Genetically Engineered Food Right-to-Know Act

762

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Payment Update for Certified Nurse-Midwives Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Medicare covers approximately 2 million women with disabilities that are of childbearing age. (2) Women with disabilities give birth to 50,000 children annually. (3) The Agency for Healthcare Policy and Research reports that these women are without appropriate access to primary care services. (4) Their average time between gynecological visits was 10- 12 years. (5) They were less likely to have received a recent mammogram. (6) The medicare program reimburses Certified Nurse Midwives (CNMs) at 65 percent of the physician fee schedule, on average, only $14 per annual exam. (7) CNMs who serve these women are forced to subsidize care with their own money or turn away patients because they cannot afford to operate at a financial loss. (8) Professional liability premiums for CNMs are skyrocketing, leaving no monies to subsidize care. (9) CNMs are forced to leave the marketplace as other public and private payers adopt Medicare payment policies. (10) Midwives are highly educated and available to serve this special population. SEC. 3. MEDICARE PAYMENT FOR CERTIFIED NURSE-MIDWIFE AND MIDWIFE SERVICES. (a) Certified Midwife, Certified Midwife Services Defined.--(1) Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is amended by adding at the end the following new paragraphs: ``(3) The term `certified midwife services' means such services furnished by a certified midwife (as defined in paragraph (4)) and such services and supplies furnished as an incident to the certified midwife's service which the certified midwife is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) as would otherwise be payable under this title if furnished by a physician or as an incident to a physician's service. ``(4) The term `certified midwife' means an individual who has successfully completed a bachelor's degree from an accredited educational institution and a program of study and clinical experience meeting guidelines prescribed by the Secretary, or has been certified by an organization recognized by the Secretary.''. (2) The heading in section 1861(gg) of such Act (42 U.S.C. 1395x(gg)) is amended to read as follows: ``Certified Nurse-Midwife Services; Certified Midwife Services''. (b) Certified Midwife Service Benefit.-- (1) Medical and other services.--Section 1861(s)(2)(L) of such Act (42 U.S.C. 1395x(s)(2)(L)) is amended by inserting ``and certified midwife services'' before the semicolon. (2) Payment to hospital for patients under care of certified nurse-midwife or certified midwife.--Section 1861(e)(4) of such Act (42 U.S.C. 1395x(e)(4)) is amended-- (A) by inserting ``(i)'' after ``except that''; and (B) by inserting before the semicolon the following: ``and (ii) a patient receiving certified nurse-midwife services or certified midwife services (as defined in paragraphs (1) and (3), respectively, of subsection (gg)) may be under the care of a certified nurse-midwife or certified midwife with respect to such services to the extent permitted under State law''. (3) Inpatient hospital service at teaching hospitals.-- Section 1861(b) of such Act (42 U.S.C. 1395x(b)) is amended-- (A) in paragraph (4), by inserting ``certified midwife services,'' after ``certified nurse-midwife services,''; (B) in paragraph (6), by striking ``; or'' and inserting ``or in the case of services in a hospital or osteopathic hospital by an intern or resident-in- training in the field of obstetrics and gynecology, nothing in this paragraph shall be construed to preclude a certified nurse-midwife or certified midwife (as defined in paragraphs (1) and (3), respectively, of subsection (gg)) from teaching or supervising such intern or resident-in-training, to the extent permitted under State law and as may be authorized by the hospital; or''; (C) in paragraph (7), by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following new paragraph: ``(8) a certified nurse-midwife or a certified midwife where the hospital has a teaching program approved as specified in paragraph (6), if (A) the hospital elects to receive any payment due under this title for reasonable costs of such services, and (B) all certified nurse-midwives or certified midwives in such hospital agree not to bill charges for professional services rendered in such hospital to individuals covered under the insurance program established by this title.''. (4) Benefit under part b.--Section 1832(a)(2)(B)(iii) of such Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended-- (A) by inserting ``(I)'' after ``(iii)'', (B) by inserting ``certified midwife services,'' after ``certified nurse-midwife services,'', and (C) by adding at the end the following new subclause: ``(II) in the case of certified nurse-midwife services or certified midwife services furnished in a hospital which has a teaching program described in clause (i)(II), such services may be furnished as provided under section 1842(b)(7)(E) and section 1861(b)(8);''. (5) Amount of payment.--Section 1833(a)(1)(K) of such Act (42 U.S.C. 1395l(a)(1)(K)) is amended-- (A) by inserting ``and certified midwife services'' after ``certified nurse-midwife services'', and (B) by striking ``65 percent'' each place it appears and inserting ``95 percent''. (6) Assignment of payment.--The first sentence of section 1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and (F)'' and inserting ``(F)''; and (B) by inserting before the period the following: ``, and (G) in the case of certified nurse-midwife services or certified midwife services under section 1861(s)(2)(L), payment may be made in accordance with subparagraph (A), except that payment may also be made to such person or entity (or the agent of such person or entity) as the certified nurse-midwife or certified midwife may designate under an agreement between the certified nurse-midwife or certified midwife and such person or entity (or the agent of such person or entity)''. (7) Clarification regarding payments under part b for such services furnished in teaching hospitals.--(A) Section 1842(b)(7) of such Act (42 U.S.C. 1395u(b)(7)) is amended-- (i) in subparagraphs (A) and (C), by inserting ``or, for purposes of subparagraph (E), the conditions described in section 1861(b)(8),'' after ``section 1861(b)(7),''; and (ii) by adding at the end the following new subparagraph: ``(E) In the case of certified nurse-midwife services or certified midwife services furnished to a patient in a hospital with a teaching program approved as specified in section 1861(b)(6) but which does not meet the conditions described in section 1861(b)(8), the provisions of subparagraphs (A) through (C) shall apply with respect to a certified nurse-midwife or a certified midwife respectively under this subparagraph as they apply to a physician under subparagraphs (A) through (C).''. (B) Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall prescribe regulations to carry out the amendments made by subparagraph (A). SEC. 4. INTERIM, FINAL REGULATIONS. Except as provided in section 3(b)(7)(B), in order to carry out the amendments made by this Act in a timely manner, the Secretary of Health and Human Services may first promulgate regulations, that take effect on an interim basis, after notice and pending opportunity for public comment, by not later than 6 months after the date of the enactment of this Act.

Medicare Payment Update for Certified Nurse-Midwives Act - Amends title XVIII (Medicare) of the Social Security Act to provide for the coverage of and payment for certified midwife services (currently only certified nurse-midwife services are covered) under Medicare part B (Supplementary Medical Insurance). Declares that nothing precludes certified nurse-midwives and certified midwives from teaching or supervising an intern or resident-in-training. Extends Medicare coverage to items and services at a free-standing birth center.

To amend title XVIII of the Social Security Act to provide for reimbursement of certified midwife services and to provide for more equitable reimbursement rates for certified nurse-midwife services.

763

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Women's History Museum Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) the National Women's History Museum, Inc., is a nonprofit, nonpartisan, educational institution incorporated in the District of Columbia; (2) the National Women's History Museum was established-- (A) to research and present the historic contributions that women have made to all aspects of human endeavor; and (B) to explore and present in a fair and balanced way the contributions that women have made to the Nation in their various roles in family and society; (3) in March 1999, the President's Commission on the celebrating of Women in American History concluded that ``efforts to implement an appropriate celebration of women's history in the next millennium should include the designation of a focal point for women's history in our nation's capital . . .'' citing the efforts of the National Women's History Museum to implement this goal; (4) the National Women's History Museum will collect and disseminate information concerning women, including through the establishment of a national reference center for the collection and preservation of documents, publications, and research relating to women; (5) the National Women's History Museum will foster educational programs relating to the history and contribution to society by women, including promotion of imaginative educational approaches to enhance understanding and appreciation of historic contributions by women; (6) the National Women's History Museum will publicly display temporary and permanent exhibits that illustrate, interpret, and demonstrate the contributions of women; (7) the National Women's History Museum requires a museum site near the National Mall to accomplish the objectives and fulfill the ongoing educational mission of the museum; (8) the 3-story glass enclosed structure known as the ``Pavilion Annex'' is a retail shopping mall built next to the Old Post Office in 1992 by private developers using no Federal funds on public land in the Federal Triangle south of Pennsylvania Avenue, NW.; (9) the Pavilion Annex came into the possession of the General Services Administration following bankruptcy and default by the private developer of the Old Post Office Pavilion; (10) the Pavilion Annex has been vacant for over 10 years and is in a state of disrepair; (11) the Pavilion Annex is located near an area that has been identified as an ideal location for museums and memorials in the Memorials and Museums Master Plan developed by the National Capital Planning Commission; (12) the National Women's History Museum will provide a vibrant, cultural activity in a building currently controlled by the General Services Administration but unused by any Federal agency or activity; (13) the Government Accountability Office has determined that vacant or underutilized properties present significant potential risks to Federal agencies, including-- (A) lost dollars because of the difficulty of maintaining the properties; and (B) lost opportunities because the properties could be put to more cost-beneficial uses, exchanged for other needed property, or sold to generate revenue for the Government; (14) the National Women's History Museum will use Government property for which there is no Government use as of the date of enactment of this Act, in order to-- (A) promote utilization, economy, and efficiency of Government-owned assets; and (B) create an income producing activity; (15) the National Women's History Museum will attract an estimated 1,500,000 visitors annually to the District of Columbia; and (16) the National Women's History Museum will promote economic activity in the District of Columbia by-- (A) creating jobs; (B) increasing visitor spending on hotels, meals, and transportation; and (C) generating tax revenue for the District of Columbia. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Museum sponsor.--The term ``Museum Sponsor'' means the National Women's History Museum, Inc., a nonprofit organization incorporated in 1996 in the District of Columbia. (3) Pavilion annex.--The term ``Pavilion Annex'' means the building (and immediate surroundings, including any land unoccupied as of the date of enactment of this Act) in Washington, District of Columbia that is-- (A) known as the ``Pavilion Annex''; (B) adjacent to the Old Post Office Building; (C) located on Pennsylvania Avenue, NW., to the east of 11th Street NW.; and (D) located on land bounded on 3 sides by the Internal Revenue Service buildings. SEC. 4. OCCUPANCY AGREEMENT. (a) In General.--Notwithstanding any other provision of law, the Administrator shall enter into an occupancy agreement to make the Pavilion Annex available to the Museum Sponsor for use as a National Women's History Museum in accordance with this section. (b) Payments.--The Administrator shall enter into negotiations with the Museum Sponsor concerning payment to the Federal Government based on the cost basis of the Pavilion Annex or prior appraisals or expert opinions rendered to the General Services Administration relating to valuation of the structure. (c) Appraisal.-- (1) In general.--If the Administrator and the Museum Sponsor are unable to reach agreement on fair market value for the purpose of determining rent within 90 days after the date of enactment of this Act, fair market value for the purpose of determining rent shall be determined by not more than 3 appraisers, operating under a common set of instructions, of whom-- (A) 1 shall be retained by the Administrator; (B) 1 shall be retained by the Museum Sponsor; and (C) 1 shall be selected by the first 2 appraisers only if-- (i) the first 2 appraisals are irreconcilable; and (ii) the difference in value between the first 2 appraisals is greater than 10 percent. (2) Difference of not more than 10 percent.--If the 2 appraisals differ by not more than 10 percent, the fair market value shall be the average of the 2 appraisals. (3) Irreconcilable appraisals.--If a third appraiser is selected-- (A) the fee of the third appraiser shall be paid in equal shares by the Administrator and the Museum Sponsor; and (B) the fair market value determined by the third appraiser shall bind both parties. (d) Term of Occupancy Agreement.-- (1) In general.--The term of the occupancy agreement shall be at least 99 years, or any lesser term agreed to by the Museum Sponsor. (2) First payment.--The first payment shall be due on the date that is 5 years after the date of execution of the occupancy agreement. (e) Private Funds.--The terms and conditions of the occupancy agreement shall facilitate raising of private funds for the modification, development, maintenance, security, information, janitorial, and other services that are necessary to assure the preservation and operation of the museum. (f) Shared Facilities.--The occupancy agreement may include reasonable terms and conditions pertaining to shared facilities to permit continued operations and enable development of adjacent buildings. (g) Renovation and Modification.-- (1) In general.--The renovation and modification of the Pavilion Annex-- (A) shall be carried out by the Museum Sponsor, in consultation with the Administrator; and (B) shall-- (i) be commenced as soon as practicable but not later than 5 years after the date of execution of the occupancy agreement; (ii) sever the walkway to the Old Post Office Building; and (iii) enhance and improve the Pavilion Annex consistent with the needs of the National Women's History Museum and the adjacent structures. (2) Expense credit.--Any expenses incurred by the Museum Sponsor under this subsection shall be credited against the payment under subsection (d)(2). (h) Report.-- (1) In general.--If the Administrator is unable to fully execute an occupancy agreement within 180 days of the date of enactment of this Act, not later than 240 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs in the Senate and the Committees on Transportation and Infrastructure and Government Reform in the House of Representatives a report. (2) Contents.--The report shall contain-- (A) a summary of the issues that remain unresolved and an analysis of the position of the General Services Administration; (B) an itemization, including date, where appropriate, and costs of actions taken by the General Services Administration to maintain and secure the Pavilion Annex to prevent further deterioration; and (C) a plan for future use and development of the Pavilion Annex, including plans for appropriate security improvements. SEC. 5. EFFECT ON OTHER LAW. Nothing in this Act shall limit the authority of the National Capital Planning Commission and the National Capital Planning Commission shall retain authority over development in the Federal Triangle development area as defined in subchapter II of chapter 67 of title 40, United States Code (40 U.S.C. 6711 et seq.). SEC. 6. FEDERAL PARTICIPATION. The United States shall pay no expense incurred in the establishment, construction, or operation of the National Women's History Museum, which shall be operated and maintained by the Museum Sponsor after completion of construction. Passed the Senate July 29, 2005. Attest: EMILY J. REYNOLDS, Secretary.

National Women's History Museum Act of 2005 - Requires the Administrator of General Services to enter into an occupancy agreement to make the Pavilion Annex (the building and specified immediate surroundings, including any land unoccupied as of the enactment of this Act) in Washington, D.C. available to the National Women's History Museum, Inc. (Museum Sponsor) for a National Women's History Museum, for at least 99 years or any lesser term agreed to by the Museum Sponsor. Prohibits use of any federal funds to establish, construct or operate the Museum.

A bill to provide a site for the National Women's History Museum in the District of Columbia.

764

SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitive Service Act of 2015''. SEC. 2. ADDITIONAL APPOINTING AUTHORITIES FOR COMPETITIVE SERVICE. (a) In General.--Section 3318 of title 5, United States Code, is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) Other Appointing Authorities.-- ``(1) In general.--During the 240-day period beginning on the date of issuance of a certificate of eligibles under section 3317(a), an appointing authority other than the appointing authority requesting the certificate (in this subsection referred to as the `other appointing authority') may select an individual from that certificate in accordance with this subsection for an appointment to a position that is-- ``(A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the `original position'); and ``(B) at a similar grade level as the original position. ``(2) Applicability.--An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority. ``(3) Requirements.--The selection of an individual under paragraph (1)-- ``(A) shall be made in accordance with subsection (a); and ``(B) subject to paragraph (4), may be made without any additional posting under section 3327. ``(4) Internal notice.--Before selecting an individual under paragraph (1), and subject to the requirements of any collective bargaining obligation of the other appointing authority, the other appointing authority shall-- ``(A) provide notice of the available position to employees of the other appointing authority; ``(B) provide up to 10 business days for employees of the other appointing authority to apply for the position; and ``(C) review the qualifications of employees submitting an application. ``(5) Collective bargaining obligations.--Nothing in this subsection limits any collective bargaining obligation of an agency under chapter 71.''. (b) Alternative Ranking and Selection Procedures.--Section 3319 of title 5, United States Code, is amended by striking subsection (c) and inserting the following: ``(c) Selection.-- ``(1) In general.--An appointing official may select any applicant in the highest quality category or, if fewer than 3 candidates have been assigned to the highest quality category, in a merged category consisting of the highest and the second highest quality categories. ``(2) Use by other appointing officials.--Under regulations prescribed by the Office of Personnel Management, appointing officials other than the appointing official described in paragraph (1) (in this subsection referred to as the `other appointing official') may select an applicant for an appointment to a position that is-- ``(A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the `original position'); and ``(B) at a similar grade level as the original position. ``(3) Applicability.--An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority. ``(4) Requirements.--The selection of an individual under paragraph (2)-- ``(A) shall be made in accordance with this subsection; and ``(B) subject to paragraph (5), may be made without any additional posting under section 3327. ``(5) Internal notice.--Before selecting an individual under paragraph (2), and subject to the requirements of any collective bargaining obligation of the other appointing authority (within the meaning given that term in section 3318(b)(1)), the other appointing official shall-- ``(A) provide notice of the available position to employees of the appointing authority employing the other appointing official; ``(B) provide up to 10 business days for employees of the other appointing authority to apply for the position; and ``(C) review the qualifications of employees submitting an application. ``(6) Collective bargaining obligations.--Nothing in this subsection limits any collective bargaining obligation of an agency under chapter 71. ``(7) Preference eligibles.--Notwithstanding paragraphs (1) and (2), an appointing official may not pass over a preference eligible in the same category from which selection is made, unless the requirements of section 3317(b) and 3318(c), as applicable, are satisfied.''. (c) Technical and Conforming Amendment.--Section 9510(b)(5) of title 5, United States Code, is amended by striking ``3318(b)'' and inserting ``3318(c)''. (d) Regulations.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall issue an interim final rule with comment to carry out the amendments made by this section. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on February 29, 2016. Competitive Service Act of 2015 (Sec. 2) This bill authorizes an appointing authority (i.e., a federal agency appointing an individual to a position in the competitive service), other than the appointing authority that requested a certificate of eligibles for filling a position, to select an individual from that certificate for appointment to a position that is: (1) in the same occupational series as the position for which the certificate of eligibles was issued, and (2) at a similar grade level as the original position. The appointing authority must select an individual from the certificate of eligibles within 240 days after the issuance of the certificate. The bill sets forth further requirements relating to the sharing of certificates by agencies, notice to agency employees of available positions, and alternative ranking and selection procedures for job applicants.

Competitive Service Act of 2015

765

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 native 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 administrative and management functions, 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 2007 and 2010, 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. Requires the Secretary to select no fewer than six eligible, geographically representative tribes or tribal organizations per year (up to a maximum of 12) to perform administrative and management functions, construction, maintenance, data collection, biological research, and harvest monitoring on conservation system units in Alaska. Requires selected tribes to complete a planning phase before negotiating and contracting with the Secretary. Excludes revenue-producing visitor services unless agreed to by the Alaska Native corporations most directly affected. Excludes the Denali National Park. Provides for planning grants. 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.

766

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop AIDS in Prison Act of 2006''. SEC. 2. COMPREHENSIVE HIV/AIDS POLICY. (a) In General.--The Bureau of Prisons (hereinafter in this section referred to as the ``Bureau'') shall develop a comprehensive policy to coordinate HIV/AIDS testing, treatment, and prevention for inmates within the correctional setting and upon reentry. (b) Purpose.--The purposes of this policy shall be as follows: (1) To stop the spread of HIV/AIDS among inmates. (2) To protect prison guards and other personnel from HIV/ AIDS infection. (3) To provide comprehensive, timely, and compassionate medical treatment to inmates who are living with HIV/AIDS. (4) To promote HIV/AIDS awareness and prevention among inmates. (5) To encourage inmates to take personal responsibility for their health, find out if they have been infected with HIV/ AIDS, and reward behavior that reduces the risks of HIV/AIDS transmission. (6) To reduce the risk that inmates will transmit HIV/AIDS to their spouses or other persons in the community following their release from prison. (c) Consultation.--The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, and the Centers for Disease Control regarding the development of this policy. (d) Time Limit.--The Bureau shall draft appropriate regulations to implement this policy within not more than 1 year from the enactment of this Act. SEC. 3. REQUIREMENTS FOR POLICY. The policy created under section 2 shall do the following: (1) Testing and counseling upon intake.-- (A) Medical personnel shall provide routine HIV/ AIDS testing to all inmates as a part of a comprehensive medical examination immediately following admission to a facility. (B) Medical personnel shall provide immediate confidential, post-test counseling to all inmates who test positive for HIV/AIDS. (2) HIV/AIDS prevention education.--Medical personnel shall educate all inmates on the risk of HIV/AIDS transmission; promote HIV/AIDS awareness; and encourage behavior that reduces the risk of HIV/AIDS transmission through frequent and appropriate educational programs. This education shall include the risks of HIV/AIDS transmission through tattooing, sexual contact, and intravenous drug use. (3) Voluntary hiv/aids testing.-- (A) Medical personnel shall allow inmates to obtain HIV/AIDS tests upon request once per year or whenever an inmate has a reason to believe the inmate may have been exposed to HIV/AIDS. Inmates shall be informed of their right to obtain these tests. (B) Medical personnel shall encourage inmates to request HIV/AIDS tests if the inmate is sexually active, uses intravenous drugs, or if the inmate is concerned that the inmate may have been exposed to HIV/ AIDS. (4) Protection of confidentiality.--In order to ensure inmate confidentiality and encourage inmates to seek HIV/AIDS tests without the knowledge or suspicion of other inmates, the Bureau of Prisons shall develop procedures for inmates confidentially to request HIV/AIDS counseling and tests. HIV/ AIDS counseling and tests shall be provided in a setting where other routine health services are provided and in a manner that allows the inmate to request and obtain these services as routine medical services. (5) Comprehensive treatment.--Medical personnel shall provide all inmates who test positive for HIV/AIDS-- (A) comprehensive medical treatment; and (B) confidential counseling on managing their medical condition and preventing its transmission to other persons. (6) Testing, counseling, and referral prior to reentry.-- (A) Medical personnel shall provide routine HIV/ AIDS testing to all inmates prior to their release and reentry into the community. (Inmates who are already known to be infected need not be tested again.) (B) To all inmates who test positive for HIV/AIDS and all inmates who already are known to have HIV/AIDS, BOP medical personnel shall provide-- (i) confidential prerelease counseling on managing their medical condition in the community, accessing appropriate treatment and services in the community, and preventing the transmission of their condition to family members and other persons in the community; and (ii) referrals to appropriate health care providers and social service agencies in the community that meet the inmate's individual needs. (7) Opt-out provision.--If an inmate refuses a routine test for HIV/AIDS, medical personnel shall make a note of the inmate's refusal in the inmate's confidential medical records. However, the inmate's refusal shall not be considered a violation of prison rules or result in disciplinary action. SEC. 4. CHANGES IN EXISTING LAW. (a) Screening in General.--Section 4014(a) of title 18, United States Code, is amended-- (1) by striking ``for a period of 6 months or more''; (2) by striking ``, as appropriate,''; and (3) by striking ``if such individual is determined to be at risk for infection with such virus in accordance with the guidelines issued by the Bureau of Prisons relating to infectious disease management'' and inserting ``unless the individual declines. The Attorney General shall also cause such individual to be so tested before release unless the individual declines.''. (b) Screening as Part of Routine Screening.--Section 4014(e) of title 18, United States Code, is amended by adding at the end the following: ``Such rules shall also provide that the initial test under this section be performed as part of the routine health screening conducted at intake.''.

Stop AIDS in Prison Act of 2006 - Requires the Bureau of Prisons to develop a comprehensive policy to coordinate HIV/AIDS testing, treatment, and prevention for federal prison inmates. Requires such policy to include provisions for: (1) testing and counseling of inmates immediately following admission to a prison facility; (2) education regarding HIV/AIDS transmission and encouragement of behavior to reduce the risk; (3) HIV/AIDS testing annually or after exposure to HIV; (4) procedures for inmates to request HIV/AIDS counseling and tests confidentially; (5) comprehensive medical treatment of inmates who test positive and confidential counseling on managing their medical condition and preventing transmission to others; (6) testing, counseling, and referral prior to reentry into the community; and (7) noting but not penalizing an inmate's refusal of HIV/AIDS testing. Amends federal criminal code provisions relating to HIV/AIDS testing to: (1) make such testing available to all federal prison inmates upon intake and upon release regardless of length of sentence or risk factors; (2) allow inmates to decline such testing.

To provide for an effective HIV/AIDS program in Federal prisons.

767

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Patient Access to Preventive and Diagnostic Tests Act''. SEC. 2. CODING AND PAYMENT PROCEDURES FOR NEW CLINICAL DIAGNOSTIC LABORATORY TESTS UNDER MEDICARE. (a) Determining Payment Basis For New Lab Tests.--Section 1833(h) of the Social Security Act (42 U.S.C. 1395l(h)) is amended by adding at the end the following: ``(9)(A) The Secretary shall establish procedures for determining the basis for, and amount of, payment under this subsection for any clinical diagnostic laboratory test with respect to which a new or substantially revised HCPCS code is assigned on or after January 1, 2002 (hereinafter in this paragraph and paragraph (10) referred to as `new tests'). Such procedures shall provide that-- ``(i) the payment amount for such a test will be established only on-- ``(I) the basis described in paragraph (10)(A); or ``(II) the basis described in paragraph (10)(B); and ``(ii) the Secretary will determine whether the payment amount for such a test is established on the basis described in paragraph (10)(A) or the basis described in paragraph (10)(B) only after the process described in subparagraph (B) has been completed with respect to such test. ``(B) Determinations under subparagraph (A)(ii) shall be made only after the Secretary-- ``(i) makes available to the public (through an Internet site and other appropriate mechanisms) a list that includes any such test for which establishment of a payment amount under paragraph (10) is being considered for a year; ``(ii) on the same day such list is made available, causes to have published in the Federal Register notice of a meeting to receive comments and recommendations from the public on the appropriate basis under paragraph (10) for establishing payment amounts for the tests on such list; ``(iii) not less than 30 days after publication of such notice, convenes a meeting to receive such comments and recommendations, with such meeting-- ``(I) including representatives of all entities within the Health Care Financing Administration (hereinafter in this paragraph referred to as `HCFA') that will be involved in determining the basis on which payment amounts will be established for such tests under paragraph (10) and implementing such determinations; ``(II) encouraging the participation of interested parties, including beneficiaries, device manufacturers, clinical laboratories, laboratory professionals, pathologists, and prescribing physicians, through outreach activities; and ``(III) affording opportunities for interactive dialogue between representatives of HCFA and the public; ``(iv) makes minutes of such meeting available to the public (through an Internet site and other appropriate mechanisms) not later than 15 calendar days after such meeting; ``(v) taking into account the comments and recommendations received at such meeting, develops and makes available to the public (through an Internet site and other appropriate mechanisms) a list of proposed determinations with respect to the appropriate basis for establishing a payment amount under paragraph (10) for each such code, together with an explanation of the reasons for each such determination, and the data on which the determination is based; ``(vi) on the same day such list is made available, causes to have published in the Federal Register notice of a public meeting to receive comments and recommendations from the public on the proposed determinations; ``(vii) not later than August 1 of each year, but at least 30 days after publication of such notice, convenes a meeting to receive such comments and recommendations, with such meeting being conducted in the same manner as the meeting under clause (iii); ``(viii) makes a transcript of such meeting available to the public (through an Internet site and other appropriate mechanisms) as soon as is practicable after such meeting; and ``(ix) taking into account the comments and recommendations received at such meeting, develops and makes available to the public (through an Internet site and other appropriate mechanisms) a list of final determinations of whether the payment amount for such tests will be determined on the basis described in paragraph (10)(A) or the basis described in paragraph (10)(B), together with the rationale for each such determination, the data on which the determination is based, and responses to comments and suggestions received from the public. ``(C) Under the procedures established pursuant to subparagraph (A), the Secretary shall-- ``(i) identify the rules and assumptions to be applied by the Secretary in considering and making determinations of whether the payment amount for a new test should be established on the basis described in paragraph (10)(A) or the basis described in paragraph (10)(B); ``(ii) make available to the public the data (other than proprietary data) considered in making such determinations; and ``(iii) provide for a mechanism under which-- ``(I) an interested party may request an administrative review of an adverse determination; ``(II) upon the request of an interested party, an administrative review is conducted with respect to an adverse determination; and ``(III) such determination is revised, as necessary, to reflect the results of such review. ``(D) For purposes of this paragraph and paragraph (10)-- ``(i) the term `HCPCS' refers to the Health Care Financing Administration Common Procedure Coding System; and ``(ii) a code shall be considered to be `substantially revised' if there is a substantive change to the definition of the test or procedure to which the code applies (such as a new analyte or a new methodology for measuring an existing analyte-specific test). ``(10)(A) Notwithstanding paragraphs (1), (2), and (4), if a new test is clinically similar to a test for which a fee schedule amount has been established under paragraph (5), the Secretary shall pay the same fee schedule amount for the new test. In determining whether tests are clinically similar for purposes of this paragraph, the Secretary may not take into account economic factors. ``(B)(i) Notwithstanding paragraphs (1), (2), (4), and (5), if a new test is not clinically similar to a test for which a fee schedule has been established under paragraph (5), payment under this subsection for such test shall be made on the basis of the lesser of-- ``(I) the actual charge for the test; or ``(II) an amount equal to 60 percent (or in the case of a test performed by a qualified hospital (as defined in paragraph (1)(D)) for outpatients of such hospital, 62 percent) of the prevailing charge level determined pursuant to the third and fourth sentences of section 1842(b)(3) for the test for a locality or area for the year (determined without regard to the year referred to in paragraph (2)(A)(i), or any national limitation amount under paragraph (4)(B), and adjusted annually by the percentage increase or decrease under paragraph (2)(A)(i)); until the beginning of the third full calendar year that begins on or after the date on which an HCPCS code is first assigned with respect to such test, or, if later, the beginning of the first calendar year that begins on or after the date on which the Secretary determines that there are sufficient claims data to establish a fee schedule amount pursuant to clause (ii). ``(ii) Notwithstanding paragraphs (2) and (4), and (5), the fee schedule amount for a clinical diagnostic laboratory test described in clause (i) that is performed-- ``(I) during the first calendar year after clause (i) ceases to apply to such test, shall be an amount equal to the national limitation amount that the Secretary determines (consistent with clause (iii)) would have applied to such test under paragraph (4)(B)(viii) during the preceding calendar year, adjusted by the percentage increase or decrease determined under paragraph (2)(A)(i) for such first calendar year; and ``(II) during a subsequent year, is the fee schedule amount determined under this clause for the preceding year, adjusted by the percentage increase or decrease that applies under paragraph (5)(A) for such year. ``(iii) For purposes of clause (ii)(I), the national limitation amount for a test shall be set at 100 percent of the median of the payment amounts determined under clause (ii)(I) for all payment localities or areas for the last calendar year for which payment for such test was determined under clause (i). ``(iv) Nothing in clause (ii) shall be construed as prohibiting the Secretary from applying (or authorizing the application of) the comparability provisions of the first sentence of such section 1842(b)(3) with respect to amounts determined under such clause.''. (b) Establishment of National Fee Schedule Amounts.-- (1) In general.--Section 1833(h) of the Social Security Act, as amended by subsection (a), is further amended-- (A) in paragraph (2), by striking ``paragraph (4)'' and inserting in lieu thereof ``paragraphs (4), (5), and (10)''; (B) in paragraph (4)(B)(viii), by inserting ``and before January 1, 2002,'' after ``December 31, 1997,''; (C) by redesignating paragraphs (5), (6), and (7), as paragraphs (6), (7), and (8), respectively; and (D) by inserting after paragraph (4) the following: ``(5) Notwithstanding paragraphs (2) and (4), the Secretary shall set the fee schedule amount for a test (other than a test to which paragraph (10)(B)) applies) at-- ``(A) for tests performed during 2002, an amount equal to the national limitation amount for that test for 2001, and adjusted by the percentage increase or decrease determined under paragraph (2)(A)(i) for such year; and ``(B) for tests performed during a year after 2002, the amount determined under this subparagraph for the preceding year, adjusted by the percentage increase or decrease determined under paragraph (2)(A)(i) for such year.''. (2) Conforming changes.--Section 1833(a) of the Social Security Act (42 U.S.C. 1395l(a)) is amended-- (A) in paragraph (1)(D)(i), by striking ``the limitation amount for that test determined under subsection (h)(4)(B),''; and (B) in paragraph (2)(D)(i), by striking ``the limitation amount for that test determined under subsection (h)(4)(B),''. (c) Mechanism for Review of Adequacy of Payment Amounts.--Section 1833(h) of the Social Security Act, as amended by subsections (a) and (b), is further amended by adding at the end the following: ``(11) The Secretary shall establish a mechanism under which-- ``(A) an interested party may request a timely review of the adequacy of the existing payment amount under this subsection fee for a particular test; and ``(B) upon the receipt of such a request, a timely review is carried out.''. (d) Use of Inherent Reasonableness Authority.--Section 1842(b)(8) of the Social Security Act (42 U.S.C. 1395u(b)(8)) is amended by adding at the end the following: ``(E)(i) The Secretary may not delegate the authority to make determinations with respect to clinical diagnostic laboratory tests under this paragraph to a regional office of the Health Care Financing Administration or to an entity with a contract under subsection (a). ``(ii) In making determinations with respect to clinical diagnostic laboratory tests under this paragraph, the Secretary-- ``(I) shall base such determinations on data from affected payment localities and all sites of care; and ``(II) may not use a methodology that assigns undue weight to the prevailing charge levels for any one type of entity with a contract under subsection (a).''. (e) Prohibition.--The Secretary may not assign a code for a new clinical diagnostic laboratory test that differs from the code recommended by the American Medical Association Common Procedure Terminology Editorial Panel and results in lower payment than would be made if the Secretary accepted such recommendation solely on the basis that the test is a test that may be performed by a laboratory with a certificate of waiver under section 353(d)(2) of the Public Health Service Act (42 U.S.C. 263a(d)(2)). (f) Effective Dates.-- (1) Establishment of procedures.--The Secretary of Health and Human Services shall establish the procedures required to implement paragraphs (9), (10), and (11) of section 1833(h) of the Social Security Act (42 U.S.C. 1395l(h)), as added by this section, by not later than October 1, 2001. (2) Inherent reasonableness; code assignment.--The amendments made by subsections (d) and (e) shall apply to determinations made on or after the date of the enactment of this Act.

Medicare Patient Access to Preventive and Diagnostic Tests Act - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) establish procedures for determining the basis for, and amount of, Medicare payment for any clinical diagnostic laboratory test with respect to which a new or substantially revised Health Care Financing Administration Common Procedure Coding System (HCPCS) code is assigned on or after January 1, 2002; (2) set the national fee schedule amounts for tests performed; (3) establish a mechanism for review of the adequacy of payment amounts for a particular test; and (4) prohibit the Secretary from delegating the authority to make determinations with respect to clinical diagnostic laboratory tests to a regional office of the Health Care Financing Administration or to a certain contracted entity.Prohibits the Secretary from assigning a code for a new clinical diagnostic laboratory test that differs from the code recommended by the American Medical Association Common Procedure Terminology Editorial Panel and results in lower payment than would be made if the Secretary accepted such recommendation solely on the basis that the test is a test that may be performed by a laboratory with a certificate of waiver under the Public Health Service Act.

To amend title XVIII of the Social Security Act to establish procedures for determining payment amounts for new clinical diagnostic laboratory tests for which payment is made under the Medicare Program.

768

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Native and American Indian Direct Reimbursement Act of 1998''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1988, Congress enacted section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645) that established a demonstration program to authorize 4 tribally-operated Indian Health Service hospitals or clinics to test methods for direct billing and receipt of payment for health services provided to patients eligible for reimbursement under the medicare or medicaid programs under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.), and other third-party payors. (2) The 4 participants selected by the Indian Health Service for the demonstration program began the direct billing and collection program in fiscal year 1989 and unanimously expressed success and satisfaction with the program. Benefits of the program include dramatically increased collections for services provided under the medicare and medicaid programs, a significant reduction in the turn-around time between billing and receipt of payments for services provided to eligible patients, and increased efficiency of participants being able to track their own billings and collections. (3) The success of the demonstration program confirms that the direct involvement of tribes and tribal organizations in the direct billing of, and collection of payments from, the medicare and medicaid programs, and other third payor reimbursements, is more beneficial to Indian tribes than the current system of Indian Health Service-managed collections. (4) Allowing tribes and tribal organizations to directly manage their medicare and medicaid billings and collections, rather than channeling all activities through the Indian Health Service, will enable the Indian Health Service to reduce its administrative costs, is consistent with the provisions of the Indian Self-Determination Act, and furthers the commitment of the Secretary to enable tribes and tribal organizations to manage and operate their health care programs. (5) The demonstration program was originally to expire on September 30, 1996, but was extended by Congress to September 30, 1998, so that the current participants would not experience an interruption in the program while Congress awaited a recommendation from the Secretary of Health and Human Services on whether to make the program permanent. (6) It would be beneficial to the Indian Health Service and to Indian tribes, tribal organizations, and Alaska Native organizations to provide permanent status to the demonstration program and to extend participation in the program to other Indian tribes, tribal organizations, and Alaska Native health organizations who operate a facility of the Indian Health Service. SEC. 3. DIRECT BILLING OF MEDICARE, MEDICAID, AND OTHER THIRD PARTY PAYORS. (a) Permanent Authorization.--Section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645) is amended to read as follows: ``(a) Establishment of Direct Billing Program.-- ``(1) In general.--The Secretary shall establish a program under which Indian tribes, tribal organizations, and Alaska Native health organizations that contract or compact for the operation of a hospital or clinic of the Service under the Indian Self-Determination and Education Assistance Act may elect to directly bill for, and receive payment for, health care services provided by such hospital or clinic for which payment is made under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) (in this section referred to as the `medicare program'), under a State plan for medical assistance approved under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (in this section referred to as the `medicaid program'), or from any other third party payor. ``(2) Application of 100 percent fmap.--The third sentence of section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) shall apply for purposes of reimbursement under the medicaid program for health care services directly billed under the program established under this section. ``(b) Direct Reimbursement.-- ``(1) Use of funds.--Each hospital or clinic participating in the program described in subsection (a) of this section shall be reimbursed directly under the medicare and medicaid programs for services furnished, without regard to the provisions of section 1880(c) of the Social Security Act (42 U.S.C. 1395qq(c)) and sections 402(a) and 813(b)(2)(A), but all funds so reimbursed shall first be used by the hospital or clinic for the purpose of making any improvements in the hospital or clinic that may be necessary to achieve or maintain compliance with the conditions and requirements applicable generally to facilities of such type under the medicare or medicaid programs. Any funds so reimbursed which are in excess of the amount necessary to achieve or maintain such conditions shall be used-- ``(A) solely for improving the health resources deficiency level of the Indian tribe; and ``(B) in accordance with the regulations of the Service applicable to funds provided by the Service under any contract entered into under the Indian Self- Determination Act (25 U.S.C. 450f et seq.). ``(2) Audits.--The amounts paid to the hospitals and clinics participating in the program established under this section shall be subject to all auditing requirements applicable to programs administered directly by the Service and to facilities participating in the medicare and medicaid programs. ``(3) Secretarial oversight.-- ``(A) Quarterly reports.--Subject to subparagraph (B), the Secretary shall monitor the performance of hospitals and clinics participating in the program established under this section, and shall require such hospitals and clinics to submit reports on the program to the Secretary on a quarterly basis during the first 2 years of participation in the program and annually thereafter. ``(B) Annual reports.--Any participant in the demonstration program authorized under this section as in effect on the day before the date of enactment of the Alaska Native and American Indian Direct Reimbursement Act of 1998 shall only be required to submit annual reports under this paragraph. ``(4) No payments from special funds.--Notwithstanding section 1880(c) of the Social Security Act (42 U.S.C. 1395qq(c)) or section 402(a), no payment may be made out of the special funds described in such sections for the benefit of any hospital or clinic during the period that the hospital or clinic participates in the program established under this section. ``(c) Requirements for Participation.-- ``(1) Application.--Except as provided in paragraph (2)(B), in order to be eligible for participation in the program established under this section, an Indian tribe, tribal organization, or Alaska Native health organization shall submit an application to the Secretary that establishes to the satisfaction of the Secretary that-- ``(A) the Indian tribe, tribal organization, or Alaska Native health organization contracts or compacts for the operation of a facility of the Service; ``(B) the facility is eligible to participate in the medicare or medicaid programs under section 1880 or 1911 of the Social Security Act (42 U.S.C. 1395qq; 1396j); ``(C) the facility meets the requirements that apply to programs operated directly by the Service; and ``(D) the facility is accredited by an accrediting body designated by the Secretary or has submitted a plan, which has been approved by the Secretary, for achieving such accreditation. ``(2) Approval.-- ``(A) In general.--The Secretary shall review and approve a qualified application not later than 90 days after the date the application is submitted to the Secretary unless the Secretary determines that any of the criteria set forth in paragraph (1) are not met. ``(B) Grandfather of demonstration program participants.--Any participant in the demonstration program authorized under this section as in effect on the day before the date of enactment of the Alaska Native and American Indian Direct Reimbursement Act of 1998 shall be deemed approved for participation in the program established under this section and shall not be required to submit an application in order to participate in the program. ``(C) Duration.--An approval by the Secretary of a qualified application under subparagraph (A), or a deemed approval of a demonstration program under subparagraph (B), shall continue in effect as long as the approved applicant or the deemed approved demonstration program meets the requirements of this section. ``(d) Examination and Implementation of Changes.-- ``(1) In general.--The Secretary, acting through the Service, and with the assistance of the Administrator of the Health Care Financing Administration, shall examine on an ongoing basis and implement-- ``(A) any administrative changes that may be necessary to facilitate direct billing and reimbursement under the program established under this section, including any agreements with States that may be necessary to provide for direct billing under the medicaid program; and ``(B) any changes that may be necessary to enable participants in the program established under this section to provide to the Service medical records information on patients served under the program that is consistent with the medical records information system of the Service. ``(2) Accounting information.--The accounting information that a participant in the program established under this section shall be required to report shall be the same as the information required to be reported by participants in the demonstration program authorized under this section as in effect on the day before the date of enactment of the Alaska Native and American Indian Direct Reimbursement Act of 1998. The Secretary may from time to time, after consultation with the program participants, change the accounting information submission requirements. ``(e) Withdrawal From Program.--A participant in the program established under this section may withdraw from participation in the same manner and under the same conditions that a tribe or tribal organization may retrocede a contracted program to the Secretary under authority of the Indian Self-Determination Act (25 U.S.C. 450 et seq.). All cost accounting and billing authority under the program established under this section shall be returned to the Secretary upon the Secretary's acceptance of the withdrawal of participation in this program.''. (b) Conforming Amendments.-- (1) Section 1880 of the Social Security Act (42 U.S.C. 1395qq) is amended by adding at the end the following: ``(e) For provisions relating to the authority of certain Indian tribes, tribal organizations, and Alaska Native health organizations to elect to directly bill for, and receive payment for, health care services provided by a hospital or clinic of such tribes or organizations and for which payment may be made under this title, see section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645).''. (2) Section 1911 of the Social Security Act (42 U.S.C. 1396j) is amended by adding at the end the following: ``(d) For provisions relating to the authority of certain Indian tribes, tribal organizations, and Alaska Native health organizations to elect to directly bill for, and receive payment for, health care services provided by a hospital or clinic of such tribes or organizations and for which payment may be made under this title, see section 405 of the Indian Health Care Improvement Act (25 U.S.C. 1645).''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 1998.

Alaska Native and American Indian Direct Reimbursement Act of 1998 - Amends the Indian Health Care Improvement Act to make permanent the demonstration program under which Indian tribes, tribal organizations, and Alaska Native health organizations that contract or compact for the operation of a hospital or clinic of the Indian Health Service may directly bill for, and receive payment for, health care services provided by such hospital or clinic for which payment is made under Medicare or Medicaid or from any other third party payor. Requires participating hospitals and clinics to submit to the Secretary of Health and Human Services quarterly reports on the program during the first two years of participation and annual reports thereafter. Provides for: (1) application to the Secretary by an Indian tribe, tribal organization, or Alaska Native health organization for participation of a Service facility in the program (the demonstration program was limited to four facilities); (2) the ongoing examination and implementation of necessary administrative changes to facilitate direct billing and reimbursement under the program; and (3) withdrawal from participation in the program.

Alaska Native and American Indian Direct Reimbursement Act of 1998

769

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurse Loan Forgiveness Act of 2002''. SEC. 2. ESTABLISHMENT OF PROGRAM. (a) Stafford Loans.--Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR NURSES. ``(a) Statement of Purpose.--It is the purpose of this section to encourage individuals to enter and continue in the nursing profession. ``(b) Program Authorized.--From the amount appropriated under subsection (g) for any fiscal year, the Secretary shall, in accordance with subsection (c), carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H for any borrower who-- ``(1) has been employed for 3 consecutive calendar years as a full-time registered nurse in a health care facility or a health care setting approved by the Secretary of Health and Human Services for purposes of this section; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(c) Qualified Loans Amount.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary may, from funds appropriated under subsection (g)(1), repay not more than $5,000 in the aggregate of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of the third complete year of nursing described in subsection (b)(1). ``(2) Additional amounts.--Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary may, from funds appropriated under subsection (g)(2), repay is a total amount equal to not more than $12,000 for any registered nurse who, in addition to meeting the requirements of subsection (b), has been employed as required by such subsection for 5 consecutive calendar years. ``(3) Award basis.--The Secretary shall make payments under this subsection on a first-come first-served basis, subject to the availability of appropriations. ``(4) Treatment of consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) Prevention of Double Benefits.-- ``(1) National and community service.--No borrower may, for the same service, receive a benefit under both this subsection and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). ``(2) Direct loan forgiveness.--No borrower may receive a reduction of loan obligations under both this section and section 460A. ``(g) Authorization of Appropriations.--For fiscal year 2003 and for each of the 4 succeeding fiscal years, there are authorized to be appropriated such sums as may be necessary-- ``(1) to repay loans in the amount specified in subsection (c)(1); and ``(2) to repay loans in the additional amount specified in subsection (c)(2).''. (b) Direct Loans.--Part D of title IV of the Higher Education Act of 1965 is amended by inserting after section 460 (20 U.S.C. 1087j) the following new section: ``SEC. 460A. LOAN FORGIVENESS FOR NURSES. ``(a) Statement of Purpose.--It is the purpose of this section to encourage individuals to enter and continue in the nursing profession. ``(b) Program Authorized.--From the amount appropriated under subsection (g) for any fiscal year, the Secretary shall carry out a program of canceling the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any borrower who-- ``(1) has been employed for 3 consecutive calendar years as a full-time registered nurse in a health care facility or a health care setting approved by the Secretary of Health and Human Services for purposes of this section; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(c) Qualified Loans Amount.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary may, from funds appropriated under subsection (g)(1), cancel not more than $5,000 in the aggregate of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of the third complete year of nursing described in subsection (b)(1). ``(2) Additional amounts.--Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary may, from funds appropriated under subsection (g)(2), cancel is a total amount equal to not more than $12,000 for any registered nurse who, in addition to meeting the requirements of subsection (b), has been employed as required by such subsection for 5 consecutive calendar years. ``(3) Award basis.--The Secretary shall cancel loan amounts under this subsection on a first-come first-served basis, subject to the availability of appropriations. ``(4) Treatment of consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) Prevention of Double Benefits.-- ``(1) National and community service.--No borrower may, for the same service, receive a benefit under both this subsection and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). ``(2) Stafford loan forgiveness.--No borrower may receive a reduction of loan obligations under both this section and section 428L. ``(g) Authorization of Appropriations.--For fiscal year 2003 and for each of the 4 succeeding fiscal years, there are authorized to be appropriated such sums as may be necessary-- ``(1) to repay loans in the amount specified in subsection (c)(1); and ``(2) to repay loans in the additional amount specified in subsection (c)(2).''.

Nurse Loan Forgiveness Act of 2002 - Amends the Higher Education Act of 1965 (HEA) to include, under HEA student loan forgiveness and cancellation programs, nurses who serve three consecutive complete years in an approved health care facility or setting.

To establish a student loan forgiveness program for nurses.

770

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom and Self-Determination for the Former Soviet Union Act''. SEC. 2. PROHIBITION ON FOREIGN ASSISTANCE TO RUSSIA. (a) In General.--Foreign assistance may not be obligated or expended for Russia for any fiscal year unless the President certifies to the Congress for such fiscal year the following: (1) The President has received satisfactory assurances from the Government of Russia, which have been confirmed by the Director of the Federal Bureau of Investigation, that the intelligence activities of Russia in the United States are confined to what is considered routine, non-adversarial information gathering activities. (2) Russia has begun, and is making continual progress toward, the unconditional implementation of the Russian- Moldovan troop withdrawal agreement, signed by the prime ministers of Russia and Moldova on October 21, 1994. (3) Russia is not providing military assistance to any military forces in the Transdniestra region of Moldova. (4) Russian troops in the Kaliningrad region of Russia are respecting the sovereign territory of Lithuania and other neighboring countries and such troops are not offensively postured against any other country. (5) The activities of Russia in the other independent states of the former Soviet Union do not represent an attempt by Russia to violate or otherwise diminish the sovereignty and independence of such states. (6) Russia is not providing military assistance to any Bosnian Serb military units or combatants or to the Government of the Federal Republic of Yugoslavia. (7) The Government of Russia has ceased the unilateral demarcation of the border between Russia and Estonia begun in 1994, is engaged in dialogue with the Government of Estonia to resolve this border dispute, and has demonstrated a willingness to submit this issue to international arbitration. (8) Russia is not providing any intelligence information to Cuba and is not providing any assistance to Cuba with respect to the signal intelligence facility at Lourdes. (9)(A) Russia is not providing to the countries described in subparagraph (B) goods or technology, including conventional weapons, which could materially contribute to the acquisition by these countries of chemical, biological, nuclear, or destabilizing numbers and types of advanced conventional weapons. (B) The countries described in this subparagraph are Iran, Iraq, Syria, or any country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. app. 2405(6)(j)(1)), has repeatedly provided support for acts of international terrorism. (10) Russia is in compliance with the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, signed at Washington, London, and Moscow on April 10, 1972 (TIAS 8062). (11) Russia is in compliance with the 1989 Wyoming Memorandum of Understanding relating to the restriction of chemical weapons. (12) The Government of Russia is committed to reforming the Russian economy along free-market lines, and is taking concrete steps in this direction. (b) Certifications for Fiscal Year 1995 and 1996.--In addition to the requirements contained in subsection (a), with respect to each of the fiscal years 1995 and 1996, foreign assistance may not be obligated or expended for Russia unless the President certifies to the Congress for each such fiscal year that the Government of Russia-- (1) has ceased its military offensive in Chechnya and is committed to resolving the problem of the status of Chechnya through negotiations; and (2) has provided the President with a full and accurate accounting of the espionage activities relating to the case of Aldrich Hazen Ames of the Central Intelligence Agency and has reimbursed the United States Government for all amounts paid by Russia to Rosario Ames since her arrest in 1994. (c) Report.--The President shall submit to the Congress for each fiscal year a report containing the certifications required by subsection (a), and with respect to each of the fiscal years 1995 and 1996, subsections (a) and (b). Such report shall be submitted in unclassified and classified versions. SEC. 3. ANNUAL REPORTS. At the beginning of each fiscal year, the President and the Comptroller General of the United States shall each submit to the Congress a report containing the following: (1) The amount of foreign assistance provided to Russia for the preceding fiscal year, including-- (A) the name of each organization or entity to which such assistance was provided; (B) the purpose of such assistance; and (C) an assessment of the effectiveness of such assistance. (2) A detailed accounting of the amount of foreign assistance appropriated for Russia which has not been expended and the status of such assistance. (3) An estimate of the total amount of capital exported from Russia during the previous fiscal year and an analysis of the reasons for the export of such capital. SEC. 4. REQUIREMENT TO OPPOSE ASSISTANCE TO RUSSIA FROM INTERNATIONAL FINANCIAL INSTITUTIONS. The President shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance from that financial institution to Russia unless Russia is in compliance with the requirements contained in section 2. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Foreign assistance.--The term ``foreign assistance'' means assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5801 et seq.), except that such term does not include-- (A) humanitarian assistance; (B) educational and cultural exchanges between the United States and Russia; (C) assistance provided by the National Endowment for Democracy; and (D) assistance for the purpose of destroying nuclear weapons, chemical weapons, and other weapons, and related assistance. (2) Goods or technology.--The term ``goods or technology'' has the meaning given such term in section 1608(3) of the Iran- Iraq Arms Non-Proliferation Act of 1992 (50 U.S.C. 1701 note). (3) International financial institution.--The term ``international financial institution'' means the European Bank for Reconstruction and Development, the International Bank for Reconstruction and Development, the International Development Association, the International Financial Corporation, or the International Monetary Fund. (4) Other independent states of the former soviet union.-- The term ``other independent states of the former Soviet Union'' means the following: Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. SEC. 6. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act shall apply only with respect to fiscal years beginning on or after the date of the enactment of this Act. (b) Exceptions.--In the case of the fiscal year in which this Act is enacted-- (1) the prohibition contained in subsections (a) and (b) of section 2 shall apply with respect to the obligation or expenditure of foreign assistance on or after the date of the enactment of this Act (including foreign assistance which has been obligated but not expended before the date of the enactment of this Act); and (2) the requirement contained in section 4 shall apply with respect to the provision of assistance by an international financial institution on or after the date of the enactment of this Act.

Freedom and Self-Determination for the Former Soviet Union Act - Prohibits foreign assistance from being obligated or expended for Russia for any fiscal year unless the President certifies to the Congress for such fiscal year that: (1) the President has received satisfactory assurances from the Government of Russia, which have been confirmed by the Federal Bureau of Investigation, that Russia's intelligence activities in the United States are confined to routine, non-adversarial information gathering; (2) Russia is making progress toward the unconditional implementation of the Russian-Moldovan troop withdrawal agreement and that the Russian Government is not providing military assistance to any military forces in the Transdniestra region of Moldova; (3) Russian troops in the Kaliningrad region of Russia are respecting the sovereign territory of Lithuania and neighboring countries and are not offensively postured against any other countries; (4) the activities of Russia in the independent states of the former Soviet Union do not represent an attempt by Russia to diminish the sovereignty and independence of such states; (5) Russia is not providing military assistance to any Bosnian Serb military units or to the Government of the Federal Republic of Yugoslavia; (6) the Russian Government has ceased the unilateral demarcation of the border between Russia and Estonia, is engaged in dialogue with Estonia to resolve the border dispute, and has demonstrated a willingness to submit this issue to international arbitration; (7) Russia is not providing any intelligence information to Cuba or assistance to Cuba with respect to the signal intelligence facility at Lourdes; (8) Russia is not providing goods or technology which could contribute to the acquisition of chemical, biological, nuclear, or advanced conventional weapons to Iran, Iraq, Syria, or other countries whose governments have provided support for international terrorism; (9) Russia is in compliance with a specified convention regarding biological weapons and the Wyoming Memorandum of Understanding on chemical weapons; and (10) Russia is committed to reforming the Russian economy along free-market lines. Prohibits, with respect to FY 1995 and 1996, obligating or expending foreign assistance for Russia unless the President certifies to the Congress that the Russian Government has: (1) ceased its military offensive in Chechnya and is committed to resolving the status of Chechnya through negotiations; and (2) provided a full accounting of the espionage activities of Aldrich Ames and has reimbursed the United States for amounts paid to Rosario Ames since her arrest. Requires the President and the Comptroller General to report to the Congress for each fiscal year: (1) the amount of foreign assistance provided to Russia for the preceding fiscal year; (2) a detailed accounting of the amount of foreign assistance appropriated which has not been expended and its status; and (3) an estimate of the total amount of capital exported from Russia during the previous fiscal year and an analysis of reasons for such export. Directs the President to instruct the U.S. executive directors of the international financial institutions to oppose assistance to Russia unless Russia is in compliance with this Act's requirements.

Freedom and Self-Determination for the Former Soviet Union Act

771

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Food Modernization Act''. SEC. 2. LOAN GUARANTEES AND GRANTS TO FINANCE CERTAIN IMPROVEMENTS TO SCHOOL LUNCH FACILITIES. The Richard B. Russell National School Lunch Act is amended by inserting after section 26 (42 U.S.C. 1769g) the following: ``SEC. 27. LOAN GUARANTEES AND GRANTS TO FINANCE CERTAIN IMPROVEMENTS TO SCHOOL LUNCH FACILITIES. ``(a) Definitions.--In this section: ``(1) Durable equipment.--The term `durable equipment' means durable food preparation, handling, cooking, serving, and storage equipment greater than $500 in value. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a local educational agency or a school food authority administering or operating a school lunch program; ``(B) a tribal organization; or ``(C) a consortium that includes a local educational agency or school food authority described in subparagraph (A), a tribal organization, or both. ``(3) Infrastructure.--The term `infrastructure' means a food storage facility, kitchen, food service facility, cafeteria, dining room, or food preparation facility. ``(4) Local educational agency.--The term `local educational agency' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(5) School food authority.--The term `school food authority' has the meaning given the term in section 210.2 of title 7, Code of Federal Regulations (or a successor regulation). ``(6) Tribal organization.--The term `tribal organization' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ``(b) Loan Guarantees for Assistance to Schools for Infrastructure Improvements and Durable Equipment Necessary To Provide Healthy Meals Through School Lunch Programs.-- ``(1) Authority to guarantee loans.--The Secretary shall issue a loan guarantee to an eligible entity for purposes of financing the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that the Secretary determines will assist the eligible entity in providing healthy meals through a school lunch program. ``(2) Competitive basis.--Subject to paragraph (3), the Secretary shall select eligible entities to receive a loan guarantee under this subsection on a competitive basis. ``(3) Preferences.--In issuing a loan guarantee under this subsection, the Secretary shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the Secretary determines demonstrates substantial or disproportionate-- ``(A) need for infrastructure improvement; or ``(B) durable equipment need or impairment. ``(4) Oversight.--The Secretary shall establish procedures to enable the Secretary to oversee the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment for which a loan guarantee is issued under this subsection. ``(5) Guarantee amount.--A loan guarantee issued under this subsection may not guarantee more than 80 percent of the principal amount of the loan. ``(6) Fees.--The Secretary shall establish fees with respect to loan guarantees under this subsection that, as determined by the Secretary-- ``(A) are sufficient to cover all the administrative costs to the Federal Government for the operation of the program; ``(B) may be in the form of an application or transaction fee, or interest rate adjustment; and ``(C) may be based on the risk premium associated with the loan or loan guarantee, taking into consideration-- ``(i) the price of Treasury obligations of a similar maturity; ``(ii) prevailing market conditions; ``(iii) the ability of the eligible infrastructure project to support the loan guarantee; and ``(iv) the total amount of the loan guarantee. ``(7) Funding.-- ``(A) In general.--To provide loan guarantees under this subsection, the Secretary shall reserve $300,000,000 of the loan guarantee authority remaining and unobligated as of the date of enactment of the School Food Modernization Act under the program of community facility guaranteed loans under section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)). ``(B) Technical assistance.--The Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. ``(c) Equipment Grants.-- ``(1) Authority to make grants.--Beginning in fiscal year 2018 and subject to the availability of appropriations, the Secretary shall make grants, on a competitive basis, to eligible entities to assist the eligible entities in purchasing the durable equipment and infrastructure needed to serve healthier meals and improve food safety. ``(2) Priority.--In awarding grants under this subsection, the Secretary shall give priority to-- ``(A) eligible entities in States that have enacted comparable statutory grant funding mechanisms or that have otherwise appropriated funds to assist eligible entities in purchasing the durable equipment and infrastructure needed to serve healthier meals and improve food safety, as determined by the Secretary; and ``(B) eligible entities that have identified and are reasonably expected to meet an unmet local or community need, including through-- ``(i) a public-private partnership or partnership with a food pantry or other low- income assistance agency; or ``(ii) the provision for or allowance of kitchen or cafeteria usage by related or outside community organizations. ``(3) Federal share.-- ``(A) In general.--The Federal share of costs for assistance funded through a grant awarded under this subsection shall not exceed 80 percent of the total cost of the durable equipment or infrastructure. ``(B) Matching.--As a condition on receiving a grant under this subsection, an eligible entity shall provide matching support in the form of cash or in-kind contributions. ``(C) Waiver.--The Secretary may waive or vary the requirements of subparagraphs (A) and (B) if the Secretary determines that undue hardship or effective exclusion from participation in the grant program under this subsection would otherwise result. ``(4) Authorization of appropriations.-- ``(A) In general.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection for fiscal year 2018 and each subsequent fiscal year. ``(B) Technical assistance.--The Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources.''. SEC. 3. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE PERSONNEL. The Richard B. Russell National School Lunch Act is amended by inserting after section 21 (42 U.S.C. 1769b-1) the following: ``SEC. 21A. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE PERSONNEL. ``(a) In General.--The Secretary shall carry out a grant program under which the Secretary shall award grants, on a competitive basis, to provide support to eligible third-party training institutions described in subsection (b) to develop and administer training and technical assistance for school food service personnel to meet nutrition standards under section 4(b)(3) and improve efficacy and efficiency of the school lunch program under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(b) Criteria for Eligible Third-Party Institutions.--The Secretary shall establish specific criteria that eligible third-party training institutions shall meet to qualify to receive grants under this section, which shall include-- ``(1) a demonstrated capacity to administer effective training and technical assistance programming to school food service personnel; ``(2) prior, successful experience in providing or engaging in training and technical assistance programming or applied research activities involving eligible entities, school food service administrators, or directors; ``(3) prior, successful experience in developing relevant educational training tools or course materials or curricula on topics addressing child and school nutrition or the updated nutrition standards under section 4(b)(3); and ``(4) the ability to deliver effective and cost-efficient training and technical assistance programming to school food service personnel-- ``(A) at training sites that are located within a proximate geographic distance to schools, central kitchens, or other worksites; or ``(B) through an online training and assistance program on topics that do not require in-person attendance. ``(c) Program Assistance.--The Secretary shall assist the institutions receiving grants under this section in publicizing and disseminating training and other project materials and online tools to the maximum extent practicable. ``(d) Federal Share.-- ``(1) In general.--The Federal share of costs for training and technical assistance funded through a grant awarded under this section shall not exceed 80 percent of the total cost of the training and technical assistance. ``(2) Matching.--As a condition of receiving a grant under this section, the eligible third-party training institution shall provide matching support in the form of cash or in-kind contributions. ``(e) Oversight.--The Secretary shall establish procedures to enable the Secretary-- ``(1) to oversee the administration and operation of training and technical assistance funded through grants awarded under this section; and ``(2) to ensure that the training and assistance is operated consistent with the goals and requirements of this Act. ``(f) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2018 and each subsequent fiscal year. ``(2) Technical assistance.--The Secretary may use not more than 5 percent of the amount made available to carry out this section for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources.''. SEC. 4. REPORT TO CONGRESS. Not later than 1 year after funds are made available to carry out the amendments made by this Act, and annually thereafter, the Secretary of Agriculture shall submit to Congress a report on the progress of the Secretary in implementing the amendments made by this Act.

School Food Modernization Act This bill amends the Richard B. Russell National School Lunch Act to direct the Department of Agriculture (USDA) to issue loan guarantees to local educational agencies (LEAs), school food authorities, tribal organizations, and other eligible entities to finance infrastructure improvements or equipment purchases to facilitate their provision of healthy meals through the school lunch program. USDA must give preference to applicants that demonstrate a substantial or disproportionate need for food service infrastructure or durable equipment, and shall establish fees for the loan guarantee program that are sufficient to cover the federal government's administrative costs in operating the program. USDA must also award competitive matching grants to assist LEAs, school food authorities, tribal organizations, and other eligible entities in purchasing the durable equipment and infrastructure they need to serve healthier meals and improve food safety. In doing so, USDA must give grant priority to applicants that: (1) have identified and are reasonably expected to meet an unmet local or community need, and (2) are located in states that have enacted funding measures to assist them with such purchases. In addition, USDA must award competitive matching grants to experienced third-party training institutions to provide school food service personnel with the training and technical assistance they need to: (1) meet school lunch program nutrition standards, and (2) improve the efficacy and efficiency of the school lunch and breakfast programs.

School Food Modernization Act

772

SECTION 1. SHORT TITLE. This Act may be cited as the ``North American Energy Infrastructure Act''. SEC. 2. FINDING. Congress finds that the United States should establish a more uniform, transparent, and modern process for the construction, connection, operation, and maintenance of oil and natural gas pipelines and electric transmission facilities for the import and export of oil and natural gas and the transmission of electricity to and from Canada and Mexico, in pursuit of a more secure and efficient North American energy market. SEC. 3. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE PROJECTS AT THE NATIONAL BOUNDARY OF THE UNITED STATES. (a) Authorization.--Except as provided in subsection (c) and section 7, no person may construct, connect, operate, or maintain a cross-border segment of an oil pipeline or electric transmission facility for the import or export of oil or the transmission of electricity to or from Canada or Mexico without obtaining a certificate of crossing for the construction, connection, operation, or maintenance of the cross-border segment under this section. (b) Certificate of Crossing.-- (1) Requirement.--Not later than 120 days after final action is taken under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a cross-border segment for which a request is received under this section, the relevant official identified under paragraph (2), in consultation with appropriate Federal agencies, shall issue a certificate of crossing for the cross-border segment unless the relevant official finds that the construction, connection, operation, or maintenance of the cross-border segment is not in the public interest of the United States. (2) Relevant official.--The relevant official referred to in paragraph (1) is-- (A) the Secretary of State with respect to oil pipelines; and (B) the Secretary of Energy with respect to electric transmission facilities. (3) Additional requirement for electric transmission facilities.--In the case of a request for a certificate of crossing for the construction, connection, operation, or maintenance of a cross-border segment of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing for the request under paragraph (1), that the cross-border segment of the electric transmission facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of-- (A) the Electric Reliability Organization and the applicable regional entity; and (B) any Regional Transmission Organization or Independent System Operator with operational or functional control over the cross-border segment of the electric transmission facility. (c) Exclusions.--This section shall not apply to any construction, connection, operation, or maintenance of a cross-border segment of an oil pipeline or electric transmission facility for the import or export of oil or the transmission of electricity to or from Canada or Mexico-- (1) if the cross-border segment is operating for such import, export, or transmission as of the date of enactment of this Act; (2) if a permit described in section 6 for such construction, connection, operation, or maintenance has been issued; (3) if a certificate of crossing for such construction, connection, operation, or maintenance has previously been issued under this section; or (4) if an application for a permit described in section 6 for such construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of-- (A) the date on which such application is denied; or (B) July 1, 2016. (d) Effect of Other Laws.-- (1) Application to projects.--Nothing in this section or section 7 shall affect the application of any other Federal statute to a project for which a certificate of crossing for the construction, connection, operation, or maintenance of a cross-border segment is sought under this section. (2) Natural gas act.--Nothing in this section or section 7 shall affect the requirement to obtain approval or authorization under sections 3 and 7 of the Natural Gas Act for the siting, construction, or operation of any facility to import or export natural gas. (3) Energy policy and conservation act.--Nothing in this section or section 7 shall affect the authority of the President under section 103(a) of the Energy Policy and Conservation Act. SEC. 4. IMPORTATION OR EXPORTATION OF NATURAL GAS TO CANADA AND MEXICO. Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended by adding at the end the following: ``No order is required under subsection (a) to authorize the export or import of any natural gas to or from Canada or Mexico.''. SEC. 5. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND MEXICO. (a) Repeal of Requirement To Secure Order.--Section 202(e) of the Federal Power Act (16 U.S.C. 824a(e)) is repealed. (b) Conforming Amendments.-- (1) State regulations.--Section 202(f) of the Federal Power Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection 202(e)''. (2) Seasonal diversity electricity exchange.--Section 602(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended by striking ``the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act'' and all that follows through the period at the end and inserting ``the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary.''. SEC. 6. NO PRESIDENTIAL PERMIT REQUIRED. No Presidential permit (or similar permit) required under Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, Executive Order No. 12038, Executive Order No. 10485, or any other Executive order shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any cross-border segment thereof. SEC. 7. MODIFICATIONS TO EXISTING PROJECTS. No certificate of crossing under section 3, or permit described in section 6, shall be required for a modification to the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility-- (1) that is operating for the import or export of oil or natural gas or the transmission of electricity to or from Canada or Mexico as of the date of enactment of the Act; (2) for which a permit described in section 6 for such construction, connection, operation, or maintenance has been issued; or (3) for which a certificate of crossing for the cross- border segment of the pipeline or facility has previously been issued under section 3. SEC. 8. EFFECTIVE DATE; RULEMAKING DEADLINES. (a) Effective Date.--Sections 3 through 7, and the amendments made by such sections, shall take effect on July 1, 2015. (b) Rulemaking Deadlines.--Each relevant official described in section 3(b)(2) shall-- (1) not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of section 3; and (2) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of section 3. SEC. 9. DEFINITIONS. In this Act-- (1) the term ``cross-border segment'' means the portion of an oil or natural gas pipeline or electric transmission facility that is located at the national boundary of the United States with either Canada or Mexico; (2) the term ``modification'' includes a reversal of flow direction, change in ownership, volume expansion, downstream or upstream interconnection, or adjustment to maintain flow (such as a reduction or increase in the number of pump or compressor stations); (3) the term ``natural gas'' has the meaning given that term in section 2 of the Natural Gas Act (15 U.S.C. 717a); (4) the term ``oil'' means petroleum or a petroleum product; (5) the terms ``Electric Reliability Organization'' and ``regional entity'' have the meanings given those terms in section 215 of the Federal Power Act (16 U.S.C. 824o); and (6) the terms ``Independent System Operator'' and ``Regional Transmission Organization'' have the meanings given those terms in section 3 of the Federal Power Act (16 U.S.C. 796). Passed the House of Representatives June 24, 2014. Attest: KAREN L. HAAS, Clerk.

North American Energy Infrastructure Act - (Sec. 3) Prohibits any person from constructing, connecting, operating, or maintaining a cross-border segment of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining a certificate of crossing under this Act. Requires the Secretary of State, with respect to oil pipelines, or the Secretary of Energy (DOE), with respect to electric transmission facilities, to issue a certificate of crossing for the cross-border segment within 120 days after final action is taken under the National Environmental Policy Act of 1969 (NEPA), unless it is not in U.S. public interest. Directs DOE, as a condition of issuing a certificate, to require that the cross-border segment be constructed, connected, operated, or maintained consistent with the policies and standards of: (1) the Electric Reliability Organization and the applicable regional entity, and (2) any Regional Transmission Organization or Independent System Operator with operational or functional control over the segment. Exempts from such requirement any construction, connection, operation, or maintenance of a cross-border segment if: (1) it is operating for import, export, or electrical transmission upon the date of enactment of this Act; (2) the relevant permit or certificate of crossing has previously been issued under this Act; or (3) an permit application is pending on the date of enactment of this Act, until it is denied or July 1, 2016, whichever occurs first. Retains: (1) the requirement to obtain approval or authorization under the Natural Gas Act for the siting, construction, or operation of any facility to import or export natural gas, and (2) certain authority of the President under the Energy Policy and Conservation Act (EPCA). (Sec. 4) Amends the Natural Gas Act to declare that no order of the Federal Energy Regulatory Commission (FERC) is required for the export or import of natural gas to or from Canada or Mexico. (Sec. 5) Amends the Federal Power Act to repeal the requirement that the transmission of electric energy to a foreign country necessitates prior authorization by FERC. (Sec. 6) Declares that no Presidential permit shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, including any cross-border segment. (Sec. 7) Declares that no certificate of crossing or permit shall be required for a modification to the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility that: (1) operates for the import or export of oil or natural gas or the transmission of electricity to or from Canada or Mexico as of the date of enactment of this Act; (2) for which a permit for such construction, connection, operation, or maintenance has been issued; or (3) for which a certificate of crossing for the cross-border segment of the pipeline or facility has previously been issued. (Sec. 8) Sets forth deadlines for rulemaking.

North American Energy Infrastructure Act

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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Patient Access to Emergency Medications Act of 2016''. SEC. 2. FINDINGS. The Congress finds that-- (1) the use of controlled substances by emergency medical services agencies to administer medical care and medicines to individuals in the field is essential to save lives, manage pain, and improve health outcomes; (2) the unique nature of mobile emergency medical services is unlike other healthcare services governed by the Controlled Substances Act (21 U.S.C. 801 et seq.) in that it requires the provision of time-sensitive and mobile medical care to individuals with critical injuries and illnesses in the field and movement of such individuals to definitive care; (3) there have been few investigations by the Drug Enforcement Administration related to diversion in emergency medical services; (4) one recent survey of large emergency medical services agencies in the United States showed less than 20 diversions or investigations for nearly 70,000 doses of controlled substances administered; (5) regulatory oversight to prevent diversion is essential in all health care settings, including emergency medical services; (6) such oversight shall be carefully tailored to recognize unique care delivery models, including the provision of medical care to individuals by emergency medical services practitioners under the supervision of a physician medical director; and (7) such oversight should further promote uniformity of rules, application and enforcement to prevent diversion and establish clear guidelines within emergency medical services while also recognizing the variety of emergency medical services agencies including governmental, nongovernmental, private, and volunteer emergency medical services agencies. SEC. 3. EMERGENCY MEDICAL SERVICES. Part C of the Controlled Substances Act (21 U.S.C. 821 et seq.) is amended by adding at the end the following: ``SEC. 312. EMERGENCY MEDICAL SERVICES. ``(a) Definitions.--In this section-- ``(1) the term `emergency medical services' means emergency medical response, and emergency mobile medical services, provided outside of a medical facility; ``(2) the term `emergency medical services agency' means an organization providing emergency medical services, including an organization that-- ``(A) is governmental (including a fire-based agency), nongovernmental (including a hospital-based agency), private, or volunteer-based; and ``(B) provides emergency medical services by ground, air, or otherwise; ``(3) the term `emergency medical services practitioner' means a health care practitioner (including a nurse, a paramedic, or an emergency medical technician) licensed or certified by a State and credentialed by a medical director of the respective emergency medical services agency to provide emergency medical services to individuals within the scope of the State license or certification of the practitioner; ``(4) the term `medical director' means a physician providing medical oversight for an emergency medical services agency; ``(5) the term `medical oversight' means supervision of medical operations of an emergency medical services agency; ``(6) the term `standing order' means a written medical protocol in which a medical director prescribes in advance the medical criteria to be followed by emergency medical services practitioners in administering a controlled substance to an individual in need of emergency medical services; ``(7) the term `verbal order' means a verbal prescription to be followed by an emergency medical services practitioner in administering a controlled substance to an individual in need of emergency medical services; ``(8) the term `online medical direction' means verbal instructions provided by a physician to an emergency medical services practitioner with regard to patient care and treatment, including by radio or telephone; and ``(9) the term `registrant emergency medical services agency' means an emergency medical services agency that registers under subsection (b) or a hospital that-- ``(A) owns and operates an emergency medical services agency; and ``(B) is registered under its own hospital license. ``(b) Registration.-- ``(1) In general.--For the purpose of enabling emergency medical services practitioners to dispense controlled substances in schedule II, III, IV, or V to ultimate users receiving emergency medical services, the Attorney General shall, at the request of the emergency medical services agency employing such practitioners, register such emergency medical services agency under section 303(f) in lieu of registering the individual practitioners or 1 or more medical directors of such agency. ``(2) Single registration.--In registering an emergency medical services agency pursuant to paragraph (1), the Attorney General shall require a single registration per State, not a separate registration for each location of the emergency medical services agency. ``(3) Guidance to registrants.--For purposes of providing guidance to registrant emergency medical services agencies, the Attorney General shall tailor such guidance to recognize-- ``(A) the existing delivery of medical care and medical oversight to patients with emergency medical conditions; and ``(B) the variety of emergency medical service care delivery models provided by emergency medical services agencies. ``(c) Medical Oversight.-- ``(1) In general.--Notwithstanding section 309-- ``(A) a registrant emergency medical services agency shall have 1 or more medical directors responsible for medical oversight of the provision of emergency medical services by the agency; ``(B) the medical director shall be a physician licensed by the State in which the physician practices medicine and in which the emergency medical services agency is located; ``(C) subject to the authority provided by the State or a political subdivision or other delegated authority of such State, the responsibilities of the medical director may include-- ``(i) decisions with regard to transportation destination of patients; ``(ii) approving all medical protocols, including standing orders; ``(iii) overseeing patient care delivered by emergency medical services practitioners of the emergency medical services agency, including-- ``(I) the evaluation, treatment, and interventions of patients; ``(II) online medical direction; and ``(III) establishing drug formularies and the dispensing and administering of all medications and controlled substances to patients; ``(iv) overseeing medical education and training programs for emergency medical services practitioners; and ``(v) overseeing quality improvement for the emergency medical services agency; and ``(D) subject to the authority provided by the State or a political subdivision or other delegated authority of such State, controlled substances in schedule II, III, IV, or V may be administered by the emergency medical services practitioners of a registrant emergency medical services agency in the course of providing emergency medical services pursuant to-- ``(i) a standing order issued by 1 or more medical directors of such agency; or ``(ii) an online medical direction that includes a verbal order issued by 1 or more medical directors, or other licensed physician, in accordance with a policy of such agency under the following circumstances-- ``(I) the emergency medical services practitioners request such an order with regard to a specific patient and the medical director verbally provides such an order; ``(II) the medical director provides verbal orders upon dispatching emergency medical services practitioners responding to an unanticipated mass casualty incident; or ``(III) other specific patient situations in which the medical director identifies a need to provide such an order to ensure proper care and treatment to patients. ``(2) Impermissible limitations on allowable prescriptions.--In the case of administering a controlled substance under paragraph (1), the medical directors of the registrant emergency medical services agency shall not be required-- ``(A) to be present; or ``(B) to provide a written or oral prescription with regard to a known individual before or at the time of such administering. ``(3) Documentation.-- ``(A) In general.--A registrant emergency medical services agency shall keep any such standing order on file and make such standing order available to the Attorney General upon the request of the Attorney General. ``(B) Policy.--A registrant emergency medical services agency shall have a policy requiring practitioners to document in the patient care chart a verbal order was received from online medical direction and a controlled substance was administered. Any such administration of a controlled substance shall be documented in the patient care chart as soon as practicable and available to the Attorney General upon the request of the Attorney General. ``(d) Receipt, Movement, and Storage of Controlled Substances.-- ``(1) Receipt.--The registrant emergency medical services agency-- ``(A) may receive controlled substances at any location of the agency designated by the agency for such receipt; and ``(B) may not receive controlled substances at any location not so designated. ``(2) Movement and delivery.--The registrant emergency medical services agency may move or deliver controlled substances within the possession of such agency between any locations of such agency. A registrant emergency medical services agency shall not be treated as a distributor of controlled substances under this Act by reason of such movement or distribution. ``(3) Storage.--Such agency-- ``(A) may store controlled substances at any location of the agency designated by the agency for such storage; and ``(B) may not store controlled substances at any location not so designated. ``(e) Rule of Construction.--Nothing in this section shall be construed to-- ``(1) alter any requirements under titles XVIII or XIX of the Social Security Act; or ``(2) limit the authority vested in the Attorney General to enforce diversion of controlled substances otherwise provided in this Act.''.

Protecting Patient Access to Emergency Medications Act of 2016 This bill amends the Controlled Substances Act to direct the Drug Enforcement Administration (DEA) to register an emergency medical services (EMS) agency as an entity authorized to dispense controlled substances, instead of registering the individual practitioners or medical directors of the agency. A registered EMS agency must be overseen by one or more medical directors. The bill specifies that an EMS practitioner who is employed by a registered EMS agency may administer controlled substances under a standing order issued by a medical director. The standing order does not have to be specific to an individual patient. An EMS agency must keep the standing order on file and make it available to the DEA upon request.

Protecting Patient Access to Emergency Medications Act of 2016

774

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to Contact Lens Consumers Act''. SEC. 2. AVAILABILITY OF CONTACT LENS PRESCRIPTIONS TO PATIENTS. (a) In General.--Upon completion of a contact lens fitting, a prescriber-- (1) whether or not requested by the patient, shall provide to the patient a copy of the contact lens prescription; and (2) shall, as directed by any person designated to act on behalf of the patient, provide or verify the contact lens prescription by electronic or other means. (b) Limitations.--A prescriber may not-- (1) require purchase of contact lenses from the prescriber or from another person as a condition of providing a copy of a prescription or verification of a prescription under subsection (a); (2) require payment in addition to the examination fee as a condition of providing a copy of a prescription or verification of a prescription under subsection (a); or (3) require the patient to sign a waiver or release as a condition of verifying or releasing a prescription. SEC. 3. EXPIRATION OF CONTACT LENS PRESCRIPTIONS. A contact lens prescription shall expire-- (1) on the date specified by the law of the State involved, if that date is one year or more after the issue date of the prescription; (2) not less than one year after the issue date of the prescription if such State law specifies no date or a date that is less than one year after the issue date of the prescription; or (3) notwithstanding paragraphs (1) and (2), on the date specified by the prescriber, if that date is based on the medical judgment of the prescriber with respect to the ocular health of the patient. SEC. 4. CONTENT OF ADVERTISEMENTS AND OTHER REPRESENTATIONS. Any person that engages in the manufacture, processing, assembly, sale, offering for sale, or distribution of contact lenses may not represent, by advertisement, sales presentation, or otherwise, that contact lenses may be obtained without a prescription. SEC. 5. PROHIBITION OF CERTAIN WAIVERS. A prescriber may not place on the prescription, or require the patient to sign, or deliver to the patient a form or notice waiving or disclaiming the liability or responsibility of the prescriber for the accuracy of the eye examination. SEC. 6. VIOLATIONS. Any violation of this Act shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. SEC. 7. STUDY AND REPORT. (a) Study.--The Federal Trade Commission shall undertake a study to examine the strength of competition in the sale of prescription contact lenses. The study shall include an examination of the following issues: (1) The States that have laws that require active or passive verification for the sale of contact lenses. (2) With respect to the States that require active verification, the practices of prescribers in complying with State law, the effect of noncompliance, and the harm to competition and consumers that results from noncompliance. (3) With respect to the States that require active verification, the level of enforcement and any problems relating to enforcement. (4) The impact on competition of verification standards adopted by retail sellers of prescription contact lenses. (5) With respect to States that require passive verification or have no applicable verification laws, the possible effect of such laws or lack thereof on the ocular health of patients. In addition, the effect of such laws or lack thereof on compliance by sellers in confirming valid contact lens prescriptions, including expiration dates. The Commission shall consult the Food and Drug Administration on this particular issue. (6) The incidence, if any, of contact lens prescriptions that specify brand name or custom labeled contact lenses, the reasons for the incidence, and the effect on consumers and competition. (7) Any other issue that has an impact on competition in the sale of prescription contact lenses. (b) Report.--Not later than 9 months after the date of the enactment of this Act, the Chairman of the Federal Trade Commission shall submit to the Congress a report of the study required by subsection (a). SEC. 8. DEFINITIONS. As used in this Act: (1) Contact lens fitting.--The term ``contact lens fitting'' means the process that begins after the initial eye examination and ends when the prescriber is satisfied that a successful fit has been achieved or, in the case of a renewal prescription, ends when the prescriber determines that no change in prescription is required, and such term may include-- (A) an examination to determine lens specifications; (B) except in the case of a renewal of a prescription, an initial evaluation of the fit of the lens on the eye; and (C) medically necessary followup examinations. (2) Prescriber.--The term ``prescriber'' means, with respect to contact lens prescriptions, an ophthalmologist, optometrist, or other person permitted under State law to issue prescriptions for contact lenses in compliance with any applicable requirements established by the Food and Drug Administration. (3) Contact lens prescription.--The term ``contact lens prescription'' means a prescription, issued in accordance with State and Federal law, that contains the specifications necessary for a patient to obtain contact lenses and may include such items as the following: (A) The name of the patient. (B) The date of the examination. (C) The issue date and the expiration date of the prescription. (D) A clear notation contact lenses are suitable for the patient. (E) The parameters and instructions that are necessary for manufacture and duplication of the lenses. (F) The name, postal address, telephone number, and facsimile telephone number of the prescriber. (G) The expiration date of the prescription. SEC. 9. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act.

Fairness to Contact Lens Consumers Act - Requires a "prescriber" (a person permitted under State law to issue prescriptions for contact lenses) to provide to the patient a copy of the patient's contact lens prescription free of charge.Declares that a contact lens prescription shall expire: (1) on the date specified by the law of the State involved, if that date is one year or more after the issue date of the prescription; or (2) not less than one year after the issue date of the prescription, if such State law specifies no date or a date that is less than one year after the date of the prescription. Permits an exception in either instance for a patient's ocular health.Prohibits advertising that lenses for which a prescription is required may be obtained without a prescription. Prohibits a prescriber from issuing certain waivers.States that any violation of this Act shall be treated as a violation of the Federal Trade Commission Act regarding unfair or deceptive acts or practices.

To provide for availability of contact lens prescriptions to patients, and for other purposes.

775

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern Band of Cherokee Indians Land Exchange Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Since time immemorial, the ancestors of the Eastern Band of Cherokee Indians have lived in the Great Smoky Mountains of North Carolina. The Eastern Band's ancestral homeland includes much of seven eastern States and the land that now constitutes the Great Smoky Mountains National Park. (2) The Eastern Band has proposed a land exchange with the National Park Service and has spent over $1,500,000 for studies to thoroughly inventory the environmental and cultural resources of the proposed land exchange parcels. (3) Such land exchange would benefit the American public by enabling the National Park Service to acquire the Yellow Face tract, comprising 218 acres of land adjacent to the Blue Ridge Parkway. (4) Acquisition of the Yellow Face tract for protection by the National Park Service would serve the public interest by preserving important views for Blue Ridge Parkway visitors, preserving habitat for endangered species and threatened species including the northern flying squirrel and the rock gnome lichen, preserving valuable high altitude wetland seeps, and preserving the property from rapidly advancing residential development. (5) The proposed land exchange would also benefit the Eastern Band by allowing it to reclaim the Ravensford tract, comprising 144 acres adjacent to the Tribe's trust territory in Cherokee, North Carolina, and currently within the Great Smoky Mountains National Park. The Ravensford tract is part of the Tribe's ancestral homeland as evidenced by archaeological finds dating back no less than 6,000 years. (6) The Eastern Band has a critical need to replace the current Cherokee Elementary School, which was built by the Department of the Interior over 40 years ago with a capacity of 480 students. The school now hosts 794 students in dilapidated buildings and mobile classrooms at a dangerous highway intersection in downtown Cherokee, North Carolina. (7) The Eastern Band ultimately intends to build a new three-school campus to serve as an environmental, cultural, and educational ``village,'' where Cherokee language and culture can be taught alongside the standard curriculum. (8) The land exchange and construction of this educational village will benefit the American public by preserving Cherokee traditions and fostering a vibrant, modern, and well-educated Indian nation. (9) The land exchange will also reunify tribal lands now separated between the Big Cove Community and the balance of the Qualla Boundary, reestablishing the territorial integrity of the Eastern Band. (10) The Ravensford tract contains no threatened species or endangered species listed pursuant to the Endangered Species Act of 1973. The 218-acre Yellow Face tract has a number of listed threatened species and endangered species and a higher appraised value than the 144-acre Ravensford tract. (11) The Congress and the Department of the Interior have approved land exchanges in the past when the benefits to the public and requesting party are clear, as they are in this case. (b) Purposes.--The purposes of this Act are the following: (1) To acquire the Yellow Face tract for protection by the National Park Service, in order to preserve the Waterrock Knob area's spectacular views, pristine wetlands, and endangered species and threatened species from encroachment by housing development, for the benefit and enjoyment of the American public. (2) To transfer the Ravensford tract, to be held in trust by the Department of the Interior for the benefit of the Eastern Band of Cherokee Indians, in order to provide for an education facility that promotes the cultural integrity of the Eastern Band and to reunify two Cherokee communities that were historically contiguous. (3) To promote cooperative activities and partnerships between the Eastern Band and the National Park Service within the Eastern Band's ancestral homelands. SEC. 3. LAND EXCHANGE. (a) In General.--Within 90 days after the effective date of this Act, the Secretary of the Interior shall exchange the Ravensford tract, currently in the Great Smoky Mountains National Park, for the Yellow Face tract adjacent to the Waterrock Knob Visitor Center on the Blue Ridge Parkway. (b) Treatment of Exchanged Lands.--Effective upon receipt by the Secretary of a deed for the lands comprising the Yellow Face tract (as described in subsection (c)) to the United States, all right, title, and interest of the United States in and to the Ravensford tract, (as described in subsection (d)), including all improvements and appurtenances, are declared to be held in trust by the United States for the benefit of the Eastern Band of Cherokee Indians as part of the Cherokee Indian Reservation. (c) Yellow Face Tract.--To effectuate this land exchange, the Eastern Band shall cause the following lands to be deeded to the United States. Parcels 88 and 89 of the Hornbuckle Tract, Yellow Face Section, Qualla Township, Jackson County, North Carolina, consisting respectively of 110.4 and 108.2 acres more or less, together with all improvements and appurtenances thereto. The lands shall thereafter be included within the boundary of and managed as part of the Blue Ridge Parkway by the National Park Service. (d) Ravensford Tract.--The lands declared by subsection (b) to be held in trust for the Eastern Band of Cherokee Indians are as follows: The tract currently located within the Great Smoky Mountains National Park and identified on Map No. 133/80020, entitled ``Ravensford Land Exchange Tract'', as on file and available for public inspection in the appropriate offices of the National Park Service and the Bureau of Indian Affairs, consisting of 144 acres more or less. (e) Legal Descriptions.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall file a legal description of the areas described in subsections (c) and (d) with the Committee on Resources of the House of Representatives and the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate. Such legal descriptions shall have the same force and effect as if the information contained in the description were included in those subsections except that the Secretary may correct clerical and typographical errors in such legal descriptions. The legal descriptions shall be on file and available for public inspection in the offices of the National Park Service and the Bureau of Indian Affairs. SEC. 4. IMPLEMENTATION PROCESS. (a) Government-to-Government Agreements.--In order to fulfill the purposes of this Act and to establish cooperative partnerships for purposes of this Act the Director of the National Park Service and the Eastern Band of Cherokee Indians shall enter into government-to- government consultations and shall develop protocols to review planned construction on the Ravensford tract. The Director of the National Park Service is authorized to enter into cooperative agreements with the Eastern Band for the purpose of providing training, management, protection, and preservation of the natural and cultural resources on the Ravensford tract. (b) Construction Standards.--The National Park Service and the Eastern Band shall develop mutually agreed upon standards for size, impact, and design of construction consistent with the purposes of this Act on the Ravensford tract. The standards shall be consistent with the Eastern Band's need to develop educational facilities and support infrastructure adequate for current and future generations and shall otherwise minimize or mitigate any adverse impacts on natural or cultural resources. The standards shall be based on recognized best practices for environmental sustainability and shall be reviewed periodically and revised as necessary. All development on the Ravensford tract shall be conducted in a manner consistent with such standards. (c) Tribal Employment.--In employing individuals to perform any construction, maintenance, interpretation, or other service in the Great Smoky Mountains National Park, the Secretary of the Interior shall, insofar as practicable, give first preference to qualified members of the Eastern Band. SEC. 5. GAMING PROHIBITION. Nothing in this Act shall be construed to satisfy the terms for an exception under section 20(b)(1) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)) to the prohibition on gaming on lands acquired by the Secretary of the Interior in trust for the benefit of an Indian tribe after October 17, 1988, under section 20(a) of such Act (25 U.S.C. 2719(a)).

Eastern Band of Cherokee Indians Land Exchange Act of 2002 - Requires the Secretary of the Interior to exchange the Ravensford tract, currently in the Great Smoky Mountains National Park, for the Yellow Face tract adjacent to the Waterrock Knob Visitor Center on the Blue Ridge Parkway.Requires the Eastern Band of Cherokee Indians (Eastern Band) to deed specified parcels of land to the United States. Requires the deeds for specified lands be held in trust by the United States for the benefit of the Eastern Band as part of the Cherokee Indian Reservation.Requires the Secretary to file a legal description of the areas held in trust by the United States for the benefit of the Eastern Band.Requires the Director of the National Park Service and the Eastern Band to: (1) enter into government-to-government consultations and develop protocols to review planned construction on the Ravensford tract; and (2) develop mutually agreed upon standards for size, impact, and design of construction consistent with the Eastern Band's need to develop educational facilities and support infrastructure.Authorizes the Director to enter into cooperative agreements with the Eastern Band for the purpose of providing training, management, protection, and preservation of the natural and cultural resources on the Ravensford tract.Requires the Secretary to give first preference of employment for service in the Great Smoky Mountains National Park to qualified members of the Eastern Band.

To provide for a Federal land exchange for the environmental, educational, and cultural benefit of the American public and the Eastern Band of Cherokee Indians, and for other purposes.

776

SECTION 1. SHORT TITLE. This Act may be cited as the ``Leveraging and Energizing America's Apprenticeship Programs Act'' or the ``LEAP Act''. SEC. 2. CREDIT FOR EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS. ``(a) In General.--For purposes of section 38, the apprenticeship credit determined under this section for the taxable year is an amount equal to the sum of the applicable credit amounts (as determined under subsection (b)) for each apprentice of the employer that exceeds the applicable apprenticeship level (as determined under subsection (e)) during such taxable year. ``(b) Applicable Credit Amount.--For purposes of subsection (a), the applicable credit amount for each apprentice for each taxable year is equal to-- ``(1) in the case of an apprentice who has not attained 25 years of age at the close of the taxable year, $1,500, or ``(2) in the case of an apprentice who has attained 25 years of age at the close of the taxable year, $1,000. ``(c) Limitation on Number of Years Which Credit May Be Taken Into Account.--The apprenticeship credit shall not be allowed for more than 2 taxable years with respect to any apprentice. ``(d) Apprentice.--For purposes of this section, the term `apprentice' means any employee who is employed by the employer-- ``(1) in an officially recognized apprenticeable occupation, as determined by the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, and ``(2) pursuant to an apprentice agreement registered with-- ``(A) the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, or ``(B) a recognized State apprenticeship agency, as determined by the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor. ``(e) Applicable Apprenticeship Level.-- ``(1) In general.--For purposes of this section, the applicable apprenticeship level shall be equal to-- ``(A) in the case of any apprentice described in subsection (b)(1), the amount equal to 80 percent of the average number of such apprentices of the employer for the 3 taxable years preceding the taxable year for which the credit is being determined, rounded to the next lower whole number; and ``(B) in the case of any apprentices described in subsection (b)(2), the amount equal to 80 percent of the average number of such apprentices of the employer for the 3 taxable years preceding the taxable year for which the credit is being determined, rounded to the next lower whole number. ``(2) First year of new apprenticeship programs.--In the case of an employer which did not have any apprentices during any taxable year in the 3 taxable years preceding the taxable year for which the credit is being determined, the applicable apprenticeship level shall be equal to zero. ``(f) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 45A, 51(a), and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. ``(g) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the apprenticeship credit determined under section 45S(a).''. (c) Denial of Double Benefit.--Subsection (a) of section 280C of the Internal Revenue Code of 1986 is amended by inserting ``45S(a),'' after ``45P(a),''. (d) Clerical 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 adding at the end the following new item: ``Sec. 45S. Employees participating in qualified apprenticeship programs.''. (e) Effective Date.--The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act. SEC. 3. LIMITATION ON GOVERNMENT PRINTING COSTS. Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall coordinate with the heads of Federal departments and independent agencies to-- (1) determine which Government publications could be available on Government websites and no longer printed and to devise a strategy to reduce overall Government printing costs over the 10-year period beginning with fiscal year 2015, except that the Director shall ensure that essential printed documents prepared for social security recipients, medicare beneficiaries, and other populations in areas with limited Internet access or use continue to remain available; (2) establish government wide Federal guidelines on employee printing; and (3) issue guidelines requiring every department, agency, commission, or office to list at a prominent place near the beginning of each publication distributed to the public and issued or paid for by the Federal Government-- (A) the name of the issuing agency, department, commission, or office; (B) the total number of copies of the document printed; (C) the collective cost of producing and printing all of the copies of the document; and (D) the name of the entity publishing the document.

Leveraging and Energizing America's Apprenticeship Programs Act or the LEAP Act Amends the Internal Revenue Code to allow employers a business-related tax credit of $1,500 for hiring an apprentice who has not attained age 25 at the close of the taxable year or $1,000 for an apprentice who has attained age 25. Allows such credit for no more than two taxable years with respect to any apprentice. Defines "apprentice" as an employee who is employed in an officially-recognized apprenticeable occupation pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a recognized state apprenticeship agency. Requires the Director of the Office of Management and Budget to coordinate with the heads of federal and independent agencies to: (1) determine which government publications could be available on government websites and no longer printed, (2) devise a strategy to reduce overall government printing costs over the 10-year period beginning with FY2015, (3) establish government-wide guidelines on employee printing, and (4) issue guidelines for publicly disclosing information about the publication of government documents.

LEAP Act

777

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Institute of Biomedical Imaging Establishment Act''. SEC. 2. ESTABLISHMENT OF NATIONAL INSTITUTE OF BIOMEDICAL IMAGING. (a) In General.--Part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following subpart: ``Subpart 18--National Institute of Biomedical Imaging ``purpose of the institute ``Sec. 464Z. (a) Purpose.--The general purpose of the National Institute of Biomedical Imaging (in this section referred to as the `Institute') is the conduct and support of research, training, the dissemination of health information, and other programs with respect to radiologic and other imaging modalities, imaging techniques, and imaging technologies with biomedical applications (in this section referred to as `biomedical imaging'). ``(b) National Biomedical Imaging Program.-- ``(1) Establishment.--The Director of the Institute, with the advice of the Institute's advisory council, shall establish a National Biomedical Imaging Program (in this section referred to as the `Program'). ``(2) Activities.--Activities under the Program shall include the following with respect to biomedical imaging: ``(A) Research into the development of new techniques and devices. ``(B) Related research in physics, computer science, information sciences, and other disciplines. ``(C) Technology assessments and outcomes studies to evaluate the effectiveness of devices and procedures. ``(D) Research in screening for diseases and disorders. ``(E) The advancement of existing modalities (such as x ray imaging, computed tomography, magnetic resonance imaging, magnetic resonance spectroscopy, positron emission tomography, single photon emission computed tomography, ultrasound, and bioelectric and biomagnetic imaging). ``(F) The development of image-enhancing agents, contrast media, and radiopharmaceuticals. ``(G) The development of image-enhancing agents and advanced technologies and techniques for molecular and genetic imaging. ``(H) The development of new techniques and devices for imaging-guided surgery and related interventional procedures. ``(I) Research into technologies to enhance and expand the potential applications of picture archiving, communication systems, and telemedicine. ``(3) Plan.-- ``(A) In general.--With respect to the Program, the Director or the Institute shall prepare and transmit to the Secretary and the Director of NIH a plan to initiate, expand, intensify, and coordinate activities of the Institute respecting biomedical imaging. The plan shall include such comments and recommendations as the Director of the Institute determines appropriate. The Director of the Institute shall periodically review and revise the plan and shall transmit any revisions of the plan to the Secretary and the Director of NIH. ``(B) Contents.--The plan under subparagraph (A) shall include the recommendations of the Director of the Institute with respect to the following: ``(i) The consolidation of programs of the National Institutes of Health for the conduct or support of activities regarding biomedical imaging. ``(ii) The establishment of a center within the Institute to coordinate imaging research activities conducted or supported by Federal agencies and to facilitate the transfer of biomedical imaging technologies. ``(c) Advisory Council.--The establishment under section 406 of an advisory council for the Institute is subject to the following: ``(1) The number of members appointed by the Secretary shall be 12. ``(2) Of such members-- ``(A) 6 members shall be scientists, physicians, and other health professionals who represent disciplines in biomedical imaging and who are not officers or employees of the United States; and ``(B) 6 members shall be scientists, physicians, and other health professionals who represent other disciplines and are knowledgeable about the applications of biomedical imaging in medicine, and who are not officers or employees of the United States. ``(3) In addition to the ex officio members specified in section 406(b)(2), the ex officio members of the advisory council shall include the Director of the Centers for Disease Control and Prevention, the Director of the National Science Foundation, and the Director of the National Institute of Standards and Technology (or the designees of such officers). ``(d) Authorization of Appropriations.-- ``(1) In general.--Subject to paragraph (2), for the purpose of carrying out this section: ``(A) For fiscal year 1997, there is authorized to be appropriated an amount equal to the amount obligated by the National Institutes of Health during fiscal year 1996 for biomedical imaging, except that such amount shall be adjusted to offset any inflation occurring after October 1, 1995. ``(B) For each of the fiscal years 1998 and 1999, there is authorized to be appropriated an amount equal to the amount appropriated under subparagraph (A) for fiscal year 1997, except that such amount shall be adjusted for the fiscal year involved to offset any inflation occurring after October 1, 1996. ``(2) Reduction.--The authorization of appropriations for a fiscal year under paragraph (1) is hereby reduced by the amount of any appropriation made for such year for the conduct or support by any other national research institute of any program with respect to biomedical imaging.''. (b) Use of Existing Resources.--In providing for the establishment of the National Institute of Biomedical Imaging pursuant to the amendment made by subsection (a), the Director of the National Institutes of Health (referred to in this subsection as ``NIH'')-- (1) may transfer to the National Institute of Biomedical Imaging such personnel of NIH as the Director determines to be appropriate; (2) may, for quarters for such Institute, utilize such facilities of NIH as the Director determines to be appropriate; and (3) may obtain administrative support for the Institute from the other agencies of NIH, including the other national research institutes. (c) Construction of Facilities.--None of the provisions of this Act or the amendments made by the Act may be construed as authorizing the construction of facilities, or the acquisition of land, for purposes of the establishment or operation of the National Institute of Biomedical Imaging. (d) Date Certain for Establishment of Advisory Council.--Not later than 90 days after the effective date of this Act under section 3, the Secretary of Health and Human Services shall complete the establishment of an advisory council for the National Institute of Biomedical Imaging in accordance with section 406 of the Public Health Service Act (42 U.S.C. 284a) and in accordance with section 464Z of such Act (as added by subsection (a) of this section). (e) Conforming Amendment.--Section 401(b)(1) of the Public Health Service Act (42 U.S.C. 281(b)(1)) is amended by adding at the end the following subparagraph: ``(R) The National Institute of Biomedical Imaging.''. SEC. 3. EFFECTIVE DATE. This Act takes effect October 1, 1997, or upon the date of the enactment of this Act, whichever occurs later.

National Institute of Biomedical Imaging Establishment Act - Amends the Public Health Service Act to establish: (1) the National Institute of Biomedical Imaging in the National Institutes of Health; and (2) the National Biomedical Imaging Program. Authorizes appropriations.

National Institute of Biomedical Imaging Establishment Act

778

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pinnacles National Park Act''. SEC. 2. DEFINITIONS. In this Act: (1) Map.--The term ``Map'' means the map entitled ``Proposed Wilderness Additions to the Proposed Pinnacles National Park'', numbered 114/106,106, and dated November 2010. (2) Park.--The term ``Park'' means the Pinnacles National Park established by section 3(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of California. SEC. 3. ESTABLISHMENT OF PINNACLES NATIONAL PARK. (a) Establishment.--There is established in the State the Pinnacles National Park. (b) Purposes.--The purposes of the Park are-- (1) to preserve and interpret for the benefit of future generations-- (A) the chaparral, grasslands, blue oak woodlands, and majestic valley oak savanna ecosystems of the area; (B) the geomorphology, riparian watersheds, and unique flora and fauna of the area; and (C) the ancestral and cultural history of Native Americans, settlers, and explorers; and (2) to interpret the recovery program for the California Condor, including the international significance of the program. (c) Boundaries.--The boundaries of the Park shall consist of the areas generally 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) Abolishment of Current Pinnacles National Monument.-- (1) In general.--The Pinnacles National Monument is abolished. (2) Incorporation of land.--The land and any interests in the land that comprise the Pinnacles National Monument are incorporated in, and shall be considered to be part of, the Park. (3) Availability of funds.--Any funds available for the Pinnacles National Monument shall be available for the Park. (4) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to ``Pinnacles National Monument'' shall be considered to be a reference to ``Pinnacles National Park''. (f) Administration.--The Secretary shall administer the Park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.). (g) Land Acquisition.-- (1) In general.--The Secretary may acquire land or interests in land within the boundaries of the Park by purchase from a willing seller with donated or appropriated funds, donation, or exchange. (2) Acquisition of rock springs ranch.-- (A) Acquisition authorized.--The Secretary may acquire, by purchase from a willing seller, donation, or exchange, the approximately 18,200 acres of land in San Benito County, California, known as the ``Rock Springs Ranch Tract''. (B) Inclusion within national park.--On acquisition of the land described in subparagraph (A), the Secretary shall modify the boundaries of the Park to include the acquired land. (C) Map.--Not later than 120 days after the date of enactment of this Act, the Secretary shall file a map depicting the land described in subparagraph (A) with-- (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. SEC. 4. REDESIGNATION OF PINNACLES WILDERNESS AS HAIN WILDERNESS AND EXPANSION OF WILDERNESS. (a) Redesignation.-- (1) In general.--Subsection (i) of the first section of Public Law 94-567 (16 U.S.C. 1132 note) is amended by striking ``Pinnacles Wilderness'' and inserting ``Hain Wilderness.'' (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the ``Pinnacles Wilderness'' shall be considered to be a reference to the ``Hain Wilderness''. (b) Expansion.--Certain land comprising approximately 2,715 acres, as generally depicted on the map entitled ``Proposed Wilderness Additions to the Proposed Pinnacles National Park'', numbered 114/ 106,106, and dated November 2010, is-- (1) designated as wilderness and a component of the National Wilderness Preservation System; and (2) incorporated in, and considered to be a part of, the Hain Wilderness. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Pinnacles National Park Act - Establishes Pinnacles National Park in California to: (1) preserve and interpret the Park's ecosystems and the history of Native Americans, settlers, and explorers, and (2) interpret the recovery program for the California Condor. Abolishes Pinnacles National Monument and includes the land and any interests comprising the Monument in the Park. Authorizes the Secretary of the Interior to acquire lands or interests within the Park's boundaries and approximately 18,200 acres of land in San Benito County, California, known as the Rock Springs Ranch Tract. Redesignates the Pinnacles Wilderness as the Hain Wilderness. Designates specified lands comprising approximately 2,715 acres as wilderness and as a component of the National Wilderness Preservation System and includes such lands in the Hain Wilderness.

A bill to establish Pinnacles National Park in the State of California as a unit of the National Park System, and for other purposes.

779

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in Innovation for Education Act of 2010''. SEC. 2. INVESTING IN INNOVATION. (a) In General.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART D--INVESTING IN INNOVATION ``SEC. 4401. PURPOSES. ``The purposes of this part are to-- ``(1) fund the identification, development, evaluation, and expansion of innovative, evidence-based practices, programs, and strategies in order to significantly-- ``(A) increase student academic achievement and decrease achievement gaps; ``(B) increase high school graduation rates; ``(C) increase college enrollment rates and rates of college persistence; and ``(D) improve teacher and school leader effectiveness; and ``(2) support the rapid development, expansion, and adoption of tools and resources that improve the efficiency, effectiveness, or pace of adoption of such educational practices, programs, and strategies. ``SEC. 4402. NATIONAL ACTIVITIES. ``The Secretary may reserve not more than 15 percent of the funds appropriated under section 4408 for each fiscal year to carry out activities of national significance, which activities may include capacity building, technical assistance, dissemination, and prize awards. ``SEC. 4403. PROGRAM AUTHORIZED; LENGTH OF GRANTS; PRIORITIES. ``(a) Program Authorization.--The Secretary shall use funds made available to carry out this part for a fiscal year to award grants, on a competitive basis, to local educational agencies and nonprofit organizations that propose to provide support to 1 or more public schools or local educational agencies, or both, consistent with section 4404(b). ``(b) Duration of Grants.--The Secretary shall award grants under this part for a period of not more than 3 years, and may extend such grants for an additional 2-year period if the grantee demonstrates to the Secretary that it is making significant progress on the program performance measures identified in section 4406. ``(c) Priorities.--In awarding grants under this part, the Secretary may give priority to an eligible entity that includes, in its application under section 4404, a plan to-- ``(1) improve early learning outcomes; ``(2) support college access and success; ``(3) support family and community engagement; ``(4) address the unique learning needs of students with disabilities or English language learners; ``(5) serve schools in rural local educational agencies; ``(6) support the effective use of education technology to improve teaching and learning; or ``(7) improve the teaching and learning of science, technology, engineering, or mathematics. ``(d) Standards of Evidence.--The Secretary shall set standards for the quality of evidence that an applicant shall provide in order to demonstrate that the activities the applicant proposes to carry out with funds under this part are likely to succeed in improving student outcomes or outcomes on other performance measures. These standards may include any of the following: ``(1) Strong evidence that the activities proposed by the applicant will have a statistically significant effect on student academic achievement, student growth, or outcomes on other performance measures. ``(2) Moderate evidence that the activities proposed by the applicant will improve student academic achievement, student growth, or outcomes on other performance measures. ``(3) A rationale based on research findings or a reasonable hypothesis that the activities proposed by the applicant will improve student academic achievement, student growth, or outcomes on other performance measures. ``SEC. 4404. APPLICATIONS. ``(a) Applications.--Each local educational agency or nonprofit organization that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each application shall-- ``(1) describe the project for which the applicant is seeking a grant and how the evidence supporting that project meets the standards of evidence established by the Secretary under section 4403(d); ``(2) describe how the applicant will address at least 1 of the areas described in section 4405(a)(1); ``(3) provide an estimate of the number of students that the applicant plans to serve under the proposed project, including the percentage of those students who are from low- income families, and the number of students to be served through additional expansion after the grant ends; ``(4) demonstrate that the applicant has established 1 or more partnerships with private organizations and that the partner or partners will provide matching funds; ``(5) describe the applicant's plan for continuing the proposed project after funding under this part ends; ``(6) if the applicant is a local educational agency-- ``(A) document the local educational agency's record during the previous 3 years in-- ``(i) increasing student achievement, including achievement for each subgroup described in section 1111(b)(2)(C)(v); and ``(ii) decreasing achievement gaps; and ``(B) demonstrate how the local educational agency has made significant improvements in other outcomes, as applicable, on the performance measures described in section 4406; ``(7) if the applicant is a nonprofit organization-- ``(A) provide evidence that the nonprofit organization has helped at least 1 school or local educational agency, during the previous 3 years, significantly-- ``(i) increase student achievement, including achievement for each subgroup described in section 1111(b)(2)(C)(v); and ``(ii) reduce achievement gaps; and ``(B) describe how the nonprofit organization has helped at least 1 school or local educational agency make a significant improvement, as applicable, in other outcomes on the performance measures described in section 4406; ``(8) provide a description of the applicant's plan for independently evaluating the effectiveness of activities carried out with funds under this part; ``(9) provide an assurance that the applicant will-- ``(A) cooperate with cross-cutting evaluations; ``(B) make evaluation data available to third parties for validation and further study; and ``(C) participate in communities of practice; and ``(10) if the applicant is a nonprofit organization that intends to make subgrants, consistent with section 4405(b), provide an assurance that the applicant will apply paragraphs (1) through (9), as appropriate, in the applicant's selection of subgrantees and in its oversight of those subgrants. ``(b) Criteria for Evaluating Applications.--The Secretary shall award grants under this part on a competitive basis, based on the quality of the applications submitted and, consistent with the standards established under section 4403(d), each applicant's likelihood of achieving success in improving student outcomes or outcomes on other performance measures. ``SEC. 4405. USES OF FUNDS. ``(a) Uses of Funds.--Each local educational agency or nonprofit organization that receives a grant under this part-- ``(1) shall use the grant funds to address, at a minimum, 1 of the following areas of school reform: ``(A) Improving the effectiveness of teachers and school leaders and promoting equity in the distribution of effective teachers and school leaders. ``(B) Strengthening the use of data to improve teaching and learning. ``(C) Providing high-quality instruction based on rigorous standards that build toward college and career readiness and measuring students' mastery using high- quality assessments aligned to those standards. ``(D) Turning around the lowest-performing schools. ``(E) Any other area of school reform, as determined by the Secretary. ``(2) shall use those funds to develop or expand strategies to improve the performance of high-need students on the performance measures described in section 4406; and ``(3) may use the grant funds for an independent evaluation, as required by section 4404(a)(8), of the innovative practices carried out with the grant. ``(b) Authority To Subgrant.--A nonprofit organization that receives a grant under this part may use the grant funds to make subgrants to other entities to provide support to 1 or more schools or local educational agencies. Any such entity shall comply with the requirements of this part relating to grantees, as appropriate. ``SEC. 4406. PERFORMANCE MEASURES. ``The Secretary shall establish performance measures for the programs and activities carried out under this part. These measures, at a minimum, shall track the grantee's progress in improving outcomes for each subgroup described in section 1111(b)(2)(C)(v) that is served by the grantee on measures, including, as applicable, by-- ``(1) increasing student achievement and decreasing achievement gaps; ``(2) increasing high school graduation rates; ``(3) increasing college enrollment rates and rates of college persistence; ``(4) improving teacher and school leader effectiveness; ``(5) improving school readiness; and ``(6) any other indicator as the Secretary or grantee may determine. ``SEC. 4407. REPORTING; ANNUAL REPORT. ``A local educational agency or nonprofit organization that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes, among other things, information on the applicant's progress on the performance measures established under section 4406, and the data supporting that progress. ``SEC. 4408. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $500,000,000 for fiscal year 2011 and such sums as may be necessary for each of the 5 succeeding fiscal years.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: ``PART D--Investing in Innovation ``Sec. 4401. Purposes. ``Sec. 4402. National activities. ``Sec. 4403. Program authorized; length of grants; priorities. ``Sec. 4404. Applications. ``Sec. 4405. Uses of funds. ``Sec. 4406. Performance measures. ``Sec. 4407. Reporting; Annual report. ``Sec. 4408. Authorization of appropriations.''.

Investing in Innovation for Education Act of 2010 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive grants to local educational agencies (LEAs) and nonprofit organizations to support the school reform efforts of public schools and LEAs. Requires each grant applicant to demonstrate that it has partnered with at least one private organization that will provide matching funds. Requires each grant to be used to address at least one of the following areas of school reform: (1) improving the effectiveness of teachers and school leaders and promoting their equitable distribution; (2) strengthening the use of data to improve education; (3) providing high-quality instruction that is based on rigorous standards and measuring students' proficiency using high-quality assessments that are aligned to those standards; (4) turning around the lowest-performing schools; and (5) any other area of school reform the Secretary chooses. Directs the Secretary to establish performance measures for tracking each grantee's progress in improving the academic performance of public elementary and secondary school students, and specified subgroups of those students. Requires grantees to use grant funds to develop or expand strategies to improve high-need students' showing on those performance measures.

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

780

SECTION 1. SHORT TITLE. This Act may be cited as the ``Administrative Law Judge Conference of the United States Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) in order to promote efficiency, productivity, and the improvement of administrative functions, to enhance public service and public trust in the administrative resolution of disputes, and to enhance the enforcement of the administrative law provisions of title 5, United States Code, the Administrative Law Judge Conference of the United States should be established; (2) the existing system of agency assignments of administrative law judges appointed under section 3015 of title 5, United States Code, will be enhanced, by creating the Administrative Law Judge Conference of the United States and will serve the public with maximum economy and efficiency; and (3) the Administrative Law Judge Conference of the United States will enhance judicial performance, status, and legal training of administrative law judges by establishing initial and continuing education programs, studying the adjudication system, and reporting annually to Congress. SEC. 3. ESTABLISHMENT OF THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE UNITED STATES. (a) In General.--Chapter 5 of title 5, United States Code, is amended by adding at the end thereof the following new subchapter: ``SUBCHAPTER VI--THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE UNITED STATES ``Sec. 597. Definitions ``For the purposes of this subchapter-- ``(1) the term `agency' means an authority referred to in section 551(l); ``(2) the term `Conference' means the Administrative Law Judge Conference of the United States established under section 598; ``(3) the term `administrative law judge' means an administrative law judge appointed under section 3105 before or after the effective date of this subchapter; and ``(4) the term `chief judge' means the chief administrative law judge appointed and serving under section 599. ``Sec. 598. Establishment; membership ``There is established the Administrative Law Judge Conference of the United States consisting of all administrative law judges appointed under section 599A. ``Sec. 599. Chief administrative law judge ``(a) Appointment; Term; Pay.--The chief administrative law judge shall be the chief administrative officer and presiding judge of the Conference. The chief judge shall be appointed by the President, by and with the advice and consent of the Senate. The chief judge shall have served as an administrative law judge for at least 5 years immediately before the date of appointment. The term of office of the chief judge shall be 5 years or, after expiration of 5 years, until a successor is appointed and qualifies to serve. A chief judge may be reappointed by the President, by and with the advice and consent of the Senate, for 1 additional term upon the expiration of the first term of such judge. The chief judge shall be paid at the rate of 105 percent of basic pay for level IV of the Executive Schedule. ``(b) Powers of the Chief Judge.--The chief judge shall-- ``(1) enhance and develop the administrative law process and the administrative law judge function; ``(2) develop training programs, in coordination with the agencies, to promote judicial education, specialization, and efficiency of administrative law judges; ``(3) consult with agencies and the Office of Management and Budget regarding resources necessary to support administrative law judge functions; ``(4) study instances when administrative law judges are directed by an agency not to follow decisions of Federal circuit courts of appeal because of nonacquiescence by the agency for which the judge presides and report the findings to the President and the Congress; and ``(5) make rules and procedures to implement the functions of the Conference. The chief judge shall make an annual written report to the President and the Congress including recommendations to improve the administrative adjudicative process. ``(d) Transfer.--All functions of the Office of Personnel Management with respect to administrative law judges are transferred to the Conference. ``Sec. 599A. Administrative law judge ``(a) Assignment to Agencies.--After selection for appointment to the position of administrative law judge by an agency, the administrative law judge shall be assigned by the chief judge to such agency for the adjudication of cases for the agency. Each administrative law judge appointed at the time of the date of enactment of this section shall be assigned to the agency the administrative law judge was assigned to at the time of the date of enactment of this section. Subsequent assignments of the administrative law judge shall be made with the consent of the administrative law judge and the appointing agency. ``(b) Agencies.--Each agency with assigned administrative law judges shall be responsible to provide for all budget, resources and support requirements for each administrative law judge assigned to the agency. ``(c) Appointment of Agency Chief Judges.--The chief administrative law judge of each agency shall be appointed by the agency head. ``Sec. 599B. Jurisdiction ``(a) Referral of Cases by Courts.--With the approval of the agency to whom the administrative law judge is assigned, courts are authorized to refer cases, or portions thereof, to an administrative law judge to act as a special master pursuant to the provisions of Rule 53(a) of the Federal Rules of Civil Procedure or otherwise to make findings of fact in a case on behalf of the referring court, which shall continue to have exclusive and undiminished jurisdiction over the case. When a court has referred a case to an administrative law judge, the recommendations, rulings, and findings of fact of the administrative law judge are subject to de novo review by the referring court. The court shall provide for reimbursement to the agency involved for costs relating to the administrative law judge referral. ``(b) Savings Clause.--The provisions of this subchapter shall effect no change in-- ``(1) any agency's rulemaking, interpretative, or policy making authority in carrying out the statutory responsibilities vested in the agency or agency head; ``(2) the adjudicatory authority of administrative law judges; or ``(3) the authority of an agency to review decisions of administrative law judges under any applicable provision of law. ``Sec. 599C. Standards of conduct ``The chief judge, after providing notice and a period for comment, shall adopt and issue rules of judicial conduct for administrative law judges, consistent with the Model Code of Judicial Conduct for administrative law judges (American Bar Association, 1989). An administrative law judge may not be removed, suspended, reprimanded, or disciplined except as provided in section 7521. The rules of judicial conduct for administrative law judges shall provide for a voluntary alternative dispute resolution process that shall be conducted at the request of the administrative law judge.''. (b) Satisfaction of Other Procedural Requirements.--Compliance with subchapter VI of chapter 5 of title 5, United States Code, as added by subsection (a), shall satisfy all requirements imposed under section 916 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. (c) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 for fiscal year 2000 for the Administrative Law Judge Conference of the United States. (d) Clerical Amendment.--The table of sections for chapter 5 of title 5, United States Code, is amended by adding at the end thereof the following: ``SUBCHAPTER VI--THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE UNITED STATES ``597. Definitions. ``598. Establishment; membership. ``599. Chief administrative law judge. ``599A. Administrative law judges. ``599B. Jurisdiction. ``599C. Standards of conduct.''. SEC. 4. TRANSITION PROVISIONS. (a) Transfers.--There shall be transferred to the Administrative Law Judge Conference of the United States established under section 598 of title 5, United States Code, the personnel, property, unexpended balances of appropriations, allocations, and other funds employed and held by the Office of Personnel Management and relating to the administrative law function administered by the Office of Personnel Management. Appropriations, authorizations, allocations, and other funds paid or transferred by agencies to the Office of Personnel Management for the administration of the administrative law judge function shall, after the date of the enactment of this Act, be paid or transferred to the Conference. (b) Collective Bargaining Agreements.--Collective bargaining agreements, relating to personnel transferred by subsection (a), shall remain in effect according to the terms thereof. (c) Disputes.--The Director of the Office of Management and Budget, at such time or times as the Director may provide, shall make such determinations as may be necessary with regard to any dispute arising from the transfer of personnel or assets by subsection (a). SEC. 5. OPERATION OF THE CONFERENCE. Operation of the Administrative Law Judge Conference of the United States established under section 598 of title 5, United States Code, shall commence on the date the first chief judge of the Conference takes office under section 599 of such title. SEC. 6. EFFECTIVE DATE. Except as otherwise provided, this Act and the amendments made by this Act shall take effect 120 days after the date of the enactment of this Act.

Transfers to the Conference all administrative law judge functions of the Office of Personnel Management. Provides for the assignment of administrative law judges to appropriate Federal agencies. Requires the chief judge to adopt and issue rules of judicial conduct for administrative law judges. Authorizes appropriations.

Administrative Law Judge Conference of the United States Act

781

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neotropical Migratory Bird Conservation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) of the nearly 800 bird species known to occur in the United States, approximately 500 migrate among countries, and the large majority of those species, the neotropical migrants, winter in Latin America and the Caribbean; (2) neotropical migratory bird species provide invaluable environmental, economic, recreational, and aesthetic benefits to the United States, as well as to the Western Hemisphere; (3)(A) many neotropical migratory bird populations, once considered common, are in decline, and some have declined to the point that their long-term survival in the wild is in jeopardy; and (B) the primary reason for the decline in the populations of those species is habitat loss and degradation (including pollution and contamination) across the species' range; and (4)(A) because neotropical migratory birds range across numerous international borders each year, their conservation requires the commitment and effort of all countries along their migration routes; and (B) although numerous initiatives exist to conserve migratory birds and their habitat, those initiatives can be significantly strengthened and enhanced by increased coordination. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to perpetuate healthy populations of neotropical migratory birds; (2) to assist in the conservation of neotropical migratory birds by supporting conservation initiatives in the United States, Latin America, and the Caribbean; and (3) to provide financial resources and to foster international cooperation for those initiatives. SEC. 4. DEFINITIONS. In this Act: (1) Account.--The term ``Account'' means the Neotropical Migratory Bird Conservation Account established by section 9(a). (2) Conservation.--The term ``conservation'' means the use of methods and procedures necessary to bring a species of neotropical migratory bird to the point at which there are sufficient populations in the wild to ensure the long-term viability of the species, including-- (A) protection and management of neotropical migratory bird populations; (B) maintenance, management, protection, and restoration of neotropical migratory bird habitat; (C) research and monitoring; (D) law enforcement; and (E) community outreach and education. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. FINANCIAL ASSISTANCE. (a) In General.--The Secretary shall establish a program to provide financial assistance for projects to promote the conservation of neotropical migratory birds. (b) Project Applicants.--A project proposal may be submitted by-- (1) an individual, corporation, partnership, trust, association, or other private entity; (2) an officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government; (3) a State, municipality, or political subdivision of a State; (4) any other entity subject to the jurisdiction of the United States or of any foreign country; and (5) an international organization (as defined in section 1 of the International Organizations Immunities Act (22 U.S.C. 288)). (c) Project Proposals.--To be considered for financial assistance for a project under this Act, an applicant shall submit a project proposal that-- (1) includes-- (A) the name of the individual responsible for the project; (B) a succinct statement of the purposes of the project; (C) a description of the qualifications of individuals conducting the project; and (D) an estimate of the funds and time necessary to complete the project, including sources and amounts of matching funds; (2) demonstrates that the project will enhance the conservation of neotropical migratory bird species in the United States, Latin America, or the Caribbean; (3) includes mechanisms to ensure adequate local public participation in project development and implementation; (4) contains assurances that the project will be implemented in consultation with relevant wildlife management authorities and other appropriate government officials with jurisdiction over the resources addressed by the project; (5) demonstrates sensitivity to local historic and cultural resources and complies with applicable laws; (6) describes how the project will promote sustainable, effective, long-term programs to conserve neotropical migratory birds; and (7) provides any other information that the Secretary considers to be necessary for evaluating the proposal. (d) Project Reporting.--Each recipient of assistance for a project under this Act shall submit to the Secretary such periodic reports as the Secretary considers to be necessary. Each report shall include all information required by the Secretary for evaluating the progress and outcome of the project. (e) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of each project shall be not greater than 25 percent. (2) Non-federal share.-- (A) Source.--The non-Federal share required to be paid for a project shall not be derived from any Federal grant program. (B) Form of payment.-- (i) Projects in the united states.--The non-Federal share required to be paid for a project carried out in the United States shall be paid in cash. (ii) Projects in foreign countries.--The non-Federal share required to be paid for a project carried out in a foreign country may be paid in cash or in kind. SEC. 6. DUTIES OF THE SECRETARY. In carrying out this Act, the Secretary shall-- (1) develop guidelines for the solicitation of proposals for projects eligible for financial assistance under section 5; (2) encourage submission of proposals for projects eligible for financial assistance under section 5, particularly proposals from relevant wildlife management authorities; (3) select proposals for financial assistance that satisfy the requirements of section 5, giving preference to proposals that address conservation needs not adequately addressed by existing efforts and that are supported by relevant wildlife management authorities; and (4) generally implement this Act in accordance with its purposes. SEC. 7. COOPERATION. (a) In General.--In carrying out this Act, the Secretary shall-- (1) support and coordinate existing efforts to conserve neotropical migratory bird species, through-- (A) facilitating meetings among persons involved in such efforts; (B) promoting the exchange of information among such persons; (C) developing and entering into agreements with other Federal agencies, foreign, State, and local governmental agencies, and nongovernmental organizations; and (D) conducting such other activities as the Secretary considers to be appropriate; and (2) coordinate activities and projects under this Act with existing efforts in order to enhance conservation of neotropical migratory bird species. (b) Advisory Group.-- (1) In general.--To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of neotropical migratory birds. (2) Public participation.-- (A) Meetings.--The advisory group shall-- (i) ensure that each meeting of the advisory group is open to the public; and (ii) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (B) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group. (C) Minutes.--Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (3) Exemption from federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group. SEC. 8. REPORT TO CONGRESS. Not later than October 1, 2002, the Secretary shall submit to Congress a report on the results and effectiveness of the program carried out under this Act, including recommendations concerning how the Act might be improved and whether the program should be continued. SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT. (a) Establishment.--There is established in the Multinational Species Conservation Fund of the Treasury a separate account to be known as the ``Neotropical Migratory Bird Conservation Account'', which shall consist of amounts deposited into the Account by the Secretary of the Treasury under subsection (b). (b) Deposits Into the Account.--The Secretary of the Treasury shall deposit into the Account-- (1) all amounts received by the Secretary in the form of donations under subsection (d); and (2) other amounts appropriated to the Account. (c) Use.-- (1) In general.--Subject to paragraph (2), the Secretary may use amounts in the Account, without further Act of appropriation, to carry out this Act. (2) Administrative expenses.--Of amounts in the Account available for each fiscal year, the Secretary may expend not more than 3 percent or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (d) Acceptance and Use of Donations.--The Secretary may accept and use donations to carry out this Act. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Account. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Account to carry out this Act $5,000,000 for each of fiscal years 2001 through 2005, to remain available until expended, of which not less than 75 percent of the amounts made available for each fiscal year shall be expended for projects carried out outside the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes project proposals to be submitted by: (1) individuals or other private entities; (2) Federal, State, local, or foreign government entities; (3) other entities subject to U.S. or foreign jurisdiction; and (4) international organizations.Limits the Federal share of project costs to 25 percent and prohibits the non-Federal share from being derived from any Federal grant program.Authorizes the Secretary to: (1) give preference in selecting projects for financial assistance to proposals that address conservation needs not adequately addressed by existing efforts and that are supported by wildlife management authorities; (2) support and coordinate existing efforts and activities and projects under this Act to conserve neotropical migratory bird species; and (3) convene an advisory group of individuals representing organizations involved in neotropical migratory bird conservation to assist in carrying out this Act.Establishes in the Multinational Species Conservation Fund of the Treasury a Neotropical Migratory Bird Conservation Account. Authorizes appropriations to the Account for FY 2001 through 2005 to carry out this Act.

Neotropical Migratory Bird Conservation Act

782

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tools for Community Initiatives Act''. SEC. 2. ESTABLISHMENT. There is established in the Executive Office of the President the Office of Faith-Based and Community Initiatives (hereafter referred to as ``the Office''). SEC. 3. DIRECTOR. (a) Director.--The head of the Office shall be the Director of the Office of Faith-Based and Community Initiatives, who shall be appointed by the President. (b) Pay of Director.--Section 5314 of title 5, United States Code, is amended by inserting after the item relating to the Administrator of the Centers for Medicare & Medicaid Services the following new item: ``Director of the Office of Faith-Based and Community Initiatives.''. (c) Interim Director.--The individual serving as the Director of the Office of Faith-Based and Community Initiatives on the date of the enactment of this Act may serve as Interim Director until such time as a Director is appointed by the President in accordance with subsection (a). SEC. 4. RESPONSIBILITIES. (a) In General.--The Director shall encourage faith-based and community initiatives and work to eliminate improper Federal barriers so as to allow faith-based and community entities to compete for Federal funding to the fullest opportunity permitted by law. (b) Specific Duties.--In carrying out the responsibilities of the Office, the Director shall-- (1) develop, lead, and coordinate policies with respect to faith-based and community initiatives; (2) support faith-based and community initiatives, especially those serving at-risk youth, ex-offenders, the homeless and hungry, substance abusers, those with HIV and AIDS, and welfare-to-work families; (3) work to expand the role of faith-based and community initiatives through executive action, legislation, regulation, and Federal and private funding; (4) ensure that the policy decisions made by the administration and the Federal Government are consistent with stated goals with respect to faith-based and community initiatives; (5) help to integrate policies affecting faith-based and other community organizations across the Federal Government; (6) coordinate public education activities designed to mobilize public support for faith-based and community initiatives by encouraging volunteerism, special projects, demonstration pilots, and public-private partnerships; (7) encourage private charitable giving to support faith- based and community initiatives; (8) advise the President on options and ideas to assist, strengthen, and replicate successful faith-based and community initiatives; (9) provide policy and legal education to State, local, and community policymakers and public officials seeking ways to support and encourage faith-based and community initiatives; (10) develop and implement strategic initiatives in keeping with policies that will strengthen families, communities, and the institutions of civil society; (11) showcase and herald innovative grassroots nonprofit organizations and civic initiatives; (12) work to eliminate unnecessary legislative and regulatory barriers which impede the efforts of faith-based and community initiatives to solve social problems; (13) monitor the implementation of policies with respect to faith-based and community initiatives by the Centers for Faith- Based and Community Initiatives established within certain departments and agencies of the Federal Government; and (14) work to establish high standards of excellence and accountability for faith-based and community initiatives. SEC. 5. ADMINISTRATION. (a) Officers.--The President shall assign to the Office such officers in addition to the Director, if any, as the President, in consultation with the Director, considers appropriate to discharge the responsibilities of the Office. (b) Staff.--The Director may appoint such employees as necessary to carry out the functions of the Office. (c) Resources.--The President shall, in consultation with the Director, assign or allocate to the Office such resources, including funds and other resources, as the President considers appropriate in order to facilitate the discharge of the responsibilities of the Office. (d) Obtaining Official Data.--The Office 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 Director, the head of that department or agency shall furnish that information to the Office. SEC. 6. DESIGNATED DEPARTMENT OR AGENCY LIAISON. (a) In General.--The head of each designated department or agency shall designate a liaison who shall be responsible for coordinating the activities of that department or agency with the Office. (b) Responsibilities of Liaison.--Each designated department or agency liaison shall-- (1) conduct, in coordination with the Office, a review of the policies and procedures of the designated department or agency to identify any barriers to the participation of faith- based and community initiatives in the delivery of social services by such department or agency, including, but not limited to, regulations, rules, orders, procurement, outreach activities, and other internal policies and practices that either facially discriminate against or otherwise discourage or disadvantage the participation of faith-based and other community organizations in Federal programs; (2) coordinate a comprehensive effort to incorporate faith- based and community initiatives in the programs and initiatives of the designated department or agency; (3) propose initiatives to remove barriers identified pursuant to the review conducted under paragraph (1); (4) propose the development of pilot and demonstration programs to increase the participation of faith-based and community initiatives in Federal, State, and local initiatives; and (5) develop and coordinate the outreach efforts of the designated department or agency to disseminate information to faith-based and community initiatives with respect to programming changes, contracting opportunities, and other initiatives. (c) Annual Report.--Not later than March 31 of each year, each designated department or agency liaison shall submit to the Office an annual report which shall include the following: (1) A description of the efforts by the designated department or agency liaison to carry out the responsibilities under subsection (b). (2) A comprehensive analysis of the barriers to the full participation of faith-based and community initiatives in the delivery of social services pursuant to the review conducted under subsection (b)(1). (3) A summary of information made available to faith-based and community initiatives under subsection (b)(5). (d) Designated Department or Agency.--For the purposes of this subsection, ``designated department or agency'' means a department or agency of the Federal Government with a Center for Faith-Based and Community Initiatives, and shall include the following departments and agencies: (1) The Department of Education. (2) The Department of Labor. (3) The Department of Justice. (4) The Department of Health and Human Services. (5) The Department of Housing and Urban Development. (6) The Department of Agriculture. (7) The Agency for International Development. (8) The Department of Commerce. (9) The Department of Veterans Affairs. (10) The Small Business Administration. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that-- (1) Federal financial assistance for social service programs should be distributed in the most effective and efficient manner possible; (2) the Nation's social service capability will benefit if all eligible organizations, including faith-based and other community organizations, are able to compete on an equal footing for Federal financial assistance used to support social service programs; (3) in the administration or distribution of Federal financial assistance, no organization should be discriminated against on the basis of religion or religious belief; (4) the Federal Government must implement Federal programs in accordance with the establishment clause and the free exercise clause of the first amendment of the Constitution; (5) consistent with the free exercise clause and the free speech clause of the Constitution, faith-based organizations should be eligible to receive Federal financial assistance and to participate fully in any social service program supported with Federal financial assistance without impairing their independence, autonomy, expression, or religious character; (6) any organization that receives Federal financial assistance to provide social services should be prohibited from discriminating against beneficiaries or potential beneficiaries of the services it provides on the basis of religion, religious belief, refusal to hold a religious belief, or refusal to participate in a religious practice; (7) an organization that engages in inherently religious activities, such as worship, religious instruction, and proselytization, should be eligible to receive Federal financial assistance, provided that the organization offers such religious activities separately in time or location from any program or service supported with direct Federal financial assistance, and that participation in any such religious activity must be voluntary for any beneficiary of a social service program supported with Federal financial assistance; (8) any faith-based organization that receives Federal financial assistance should be able to retain its independence and to continue to carry out its mission, including the definition, development, practice, and expression of religious beliefs, provided that it does not use Federal financial assistance to support any inherently religious activity, such as worship, religious instruction, or proselytization; (9) any faith-based organization that receives Federal financial assistance should be able to use its facilities to provide social services supported with Federal financial assistance, without removing or altering religious art, icons, scriptures, or other symbols from these facilities; and (10) any faith-based organization that receives Federal financial assistance should be able to retain any religious terms in the organization's name, take religion into account in selecting board members, and include religious references in any organization mission statements or other chartering or governing documents.

Tools for Community Initiatives Act - Establishes the Office of Faith-Based and Community Initiatives (the Office) in the Executive Office of the President. Requires the Director of the Office to encourage faith-based and community initiatives and work to eliminate improper Federal barriers so as to allow faith-based and community entities to compete for Federal funding to the fullest opportunity permitted by law, including by: (1) developing, leading, and coordinating policies with respect to such initiatives; (2) coordinating public education activities designed to mobilize public support for such initiatives; (3) advising the President on options and ideas to assist, strengthen, and replicate successful initiatives; (4) developing and implementing strategic initiatives in keeping with policies that will strengthen families, communities, and the institutions of civil society; and (5) working to eliminate unnecessary legislative and regulatory barriers which impede the efforts of such initiatives to solve social problems. Requires the heads of the Departments of Education, Labor, Justice, Health and Human Services, Housing and Urban Development, Agriculture, Commerce, and Veteran Affairs, the Agency for International Development, and the Small Business Administration to designate a liaison to coordinate the activities of the department or agency with the Office. Lists designated department or agency liaison responsibilities.

To establish the Office of Faith-Based and Community Initiatives.

783

SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Strategic Services Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Office of Strategic Services (OSS) was America's first effort to implement a system of strategic intelligence during World War II and provided the basis for the modern-day American intelligence and special operations communities. The U.S. Special Operations Command and the National Clandestine Service chose the OSS spearhead as their insignias. (2) OSS founder General William J. Donovan is the only person in American history to receive our Nation's four highest decorations, including the Medal of Honor. Upon learning of his death in 1959, President Eisenhower called General Donovan the ``last hero''. In addition to founding and leading the OSS, General Donovan was also selected by President Roosevelt, who called him his ``secret legs'', as an emissary to Great Britain and continental Europe before the United States entered World War II. (3) All the military branches during World War II contributed personnel to the OSS. The present-day Special Operations Forces trace their lineage to the OSS. Its Maritime Unit was a precursor to the U.S. Navy SEALs. The OSS Operational Groups and Jedburghs were forerunners to U.S. Army Special Forces. The 801st/492nd Bombardment Group (``Carpetbaggers'') were progenitors to the Air Force Special Operations Command. The Marines who served in the OSS, including the actor Sterling Hayden (a Silver Star recipient), Col. William Eddy (a Distinguished Service Cross recipient who was described as the ``nearest thing the United States has had to a Lawrence of Arabia''), and Col. Peter Ortiz (a two-time Navy Cross recipient), were predecessors to the Marine Special Operations Command. U.S. Coast Guard personnel were recruited for the Maritime Unit and its Operational Swimmer Group. (4) The OSS organized, trained, supplied, and fought with resistance organizations throughout Europe and Asia that played an important role in America's victory during World War II. General Eisenhower credited the OSS's covert contribution in France to the equivalent to having an extra military division. General Eisenhower told General Donovan that if it did nothing else, the photographic reconnaissance conducted by the OSS prior to the D-Day Invasion justified its creation. (5) Four future directors of central intelligence served as OSS officers: William Casey, William Colby, Allen Dulles, and Richard Helms. (6) Women comprised more than one-third of OSS personnel and played a critical role in the organization. They included Virginia Hall, the only civilian female to receive a Distinguished Service Cross in World War II, and Julia Child. (7) OSS recruited Fritz Kolbe, a German diplomat who became America's most important spy against the Nazis in World War II. (8) America's leading scientists and scholars served in the OSS Research and Analysis Branch, including Ralph Bunche, the first African-American to receive the Nobel Peace Prize; Pulitzer Prize- winning historian Arthur Schlesinger, Jr.; Supreme Court Justice Arthur Goldberg; Sherman Kent; John King Fairbank; and Walt Rostow. Its ranks included seven future presidents of the American Historical Association, five of the American Economic Association, and two Nobel laureates. (9) The U.S. Department of State's Bureau of Intelligence and Research traces its creation to the OSS Research and Analysis Branch. (10) James Donovan, who was portrayed by Tom Hanks in the Steven Spielberg movie ``Bridge of Spies'' and negotiated the release of U-2 pilot Francis Gary Powers, served as General Counsel of the OSS. (11) The OSS invented and employed new technology through its Research and Development Branch, inventing new weapons and revolutionary communications equipment. Dr. Christian Lambertsen invented the first underwater rebreathing apparatus that was first utilized by the OSS and is known today as SCUBA. (12) OSS Detachment 101 operated in Burma and pioneered the art of unconventional warfare. It was the first United States unit to deploy a large guerrilla army deep in enemy territory. It has been credited with the highest kill/loss ratio for any infantry-type unit in American military history and was awarded a Presidential Unit Citation. (13) Its X-2 branch pioneered counterintelligence with the British and established the modern counterintelligence community. The network of contacts built by the OSS with foreign intelligence services led to enduring Cold War alliances. (14) Operation Torch, the Allied invasion of French North Africa in November 1942, was aided by the networks established and information acquired by the OSS to guide Allied landings. (15) OSS Operation Halyard rescued more than 500 downed airmen trapped behind enemy lines in Yugoslavia, one of the most daring and successful rescue operations of World War II. (16) OSS ``Mercy Missions'' at the end of World War II saved the lives of thousands of Allied prisoners of war whom it was feared would be murdered by the Japanese. (17) The handful of surviving men and women of the OSS whom General Donovan said performed ``some of the bravest acts of the war'' are members of the ``Greatest Generation''. They have never been collectively recognized for their heroic and pioneering service in World War II. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration to the members of the Office of Strategic Services (OSS), in recognition of their superior service and major contributions during World War II. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in commemoration to the members of the Office of Strategic Services under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the Office of Strategic Services. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

. The expanded summary of the Senate passed version is repeated here.) Office of Strategic Services Congressional Gold Medal Act (Sec. 3) This bill requires the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to the members of the Office of Strategic Services in recognition of their service and contributions during World War II. After the medal is awarded, it must be given to the Smithsonian Institution.

Office of Strategic Services Congressional Gold Medal Act

784

SECTION 1. SHORT TITLE. This Act may be cited as the ``Services for Children of Substance Abusers Reauthorization Act''. SEC. 2. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT. (a) Administration and Activities.-- (1) Administration.--Section 399D(a) of the Public Health Service Act (42 U.S.C. 280d(a)(1)) is amended-- (A) in paragraph (1), by striking ``Administrator'' and all that follows through ``Administration'' and insert ``Director of the Substance Abuse and Mental Health Services Administration''; and (B) in paragraph (2), by striking ``Administrator of the Substance Abuse and Mental Health Services Administration'' and inserting ``Administrator of the Health Resources and Services Administration''. (2) Activities.--Section 399D(a)(1) of the Public Health Service Act (42 U.S.C. 280d(a)(1)) is amended-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period and inserting the following: ``through family social services; child protective services; child care providers (including Head Start, schools, and early childhood development programs); community-based family resource and support centers; the criminal justice system; health and mental health providers through screenings conducted during regular childhood examinations and other examinations; self and family member referrals; treatment services; and other service providers and agencies serving children and families; and''; and (C) by adding at the end the following: ``(D) to provide education and training to health care professionals, child welfare providers, and the personnel or such providers who provide services to children and families.''. (3) Identification of certain children.--Section 399D(a)(3)(A) of the Public Health Service Act (42 U.S.C. 280d(a)(3)(A)) is amended-- (A) in clause (i), by striking ``(i) the entity'' and inserting ``(i)(I) the entity''; (B) in clause (ii)-- (i) by striking ``(ii) the entity'' and inserting ``(II) the entity''; and (ii) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(iii) the entity will identify children who may be eligible for medical assistance under a State program under title XIX of the Social Security Act.''. (b) Services for Children.--Section 399D(b) of the Public Health Service Act (42 U.S.C. 280d(b)) is amended-- (1) in paragraph (1), by inserting ``alcohol and drug,'' after ``psychological,''; and (2) by striking paragraph (5) and inserting the following: ``(5) Drug and alcohol treatment and prevention services.''. (c) Services for Affected Families.--Section 399D(c) of the Public Health Service Act (42 U.S.C. 280d(c)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by inserting before the semicolon the following: ``, or through an entity that meets applicable State licensure or certification requirements regarding the services involved''; and (B) by adding at the end the following: ``(D) Aggressive outreach to family members with substance abuse problems. ``(E) Inclusion of consumer in the development, implementation, and monitoring of Family Services Plan.''; and (2) in paragraph (2)-- (A) by striking subparagraph (A) and inserting the following: ``(A) Alcohol and drug treatment services, including screening and assessment, diagnosis, detoxification, individual, group and family counseling, relapse prevention, and case management.''; (B) by striking subparagraph (C) and inserting the following: ``(C) Pre- and post-pregnancy family planning services and counseling on the human immunodeficiency virus and acquired immune deficiency syndrome.''; (C) in subparagraph (D), by striking ``conflict and''; and (D) in subparagraph (E), by striking ``Remedial'' and inserting ``Career planning and''. (d) Eligible Entities.--Section 399D(d) of the Public Health Service Act (42 U.S.C. 280d(d)) is amended-- (1) by striking the matter preceding paragraph (1) and inserting: ``(d) Eligible Entities.--The Secretary shall distribute the grants through the following types of entities:''; (2) in paragraph (1), by inserting ``or prevention'' after ``drug treatment''; and (3) in paragraph (2)-- (A) in subparagraph (A), by striking ``; and'' and inserting ``; or''; and (B) in subparagraph (B), by inserting ``or pediatric health or mental health providers and family mental health providers'' before the period. (e) Submission of Information.--Section 399D(h) of the Public Health Service Act (42 U.S.C. 280d(h)) is amended-- (1) in paragraph (2)-- (A) by inserting ``including maternal and child health'' before ``mental''; (B) by striking ``treatment programs''; and (C) by striking ``and the State agency responsible for administering public maternal and child health services'' and inserting ``, the State agency responsible for administering alcohol and drug programs, the State lead agency, and the State Interagency Coordinating Council under part H of the Individuals with Disabilities Education Act''; and (2) in paragraph (3)(B), by inserting before the semicolon the following: ``when the child can be cared for at home without endangering the child's safety''. (f) Reports.--Section 399D(i)(6) of the Public Health Service Act (42 U.S.C. 280d(k)(6)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) in subparagraph (E), by adding ``and'' after the semicolon; and (3) by adding at the end the following: ``(F) the number of children described in subparagraph (C) for whom the permanent plan is other than family reunification;''. (g) Evaluations.--Section 399D(l) of the Public Health Service Act (42 U.S.C. 280d(l)) is amended-- (1) in paragraph (4), by inserting before the semicolon the following: ``, including increased participation in work or employment-related activities and decreased participation in welfare programs''; (2) in paragraph (5), by striking ``children whose'' and inserting ``children who can be cared for at home without endangering their safety and whose''; and (3) in paragraph (6), by inserting before the semicolon the following: ``if the reunification would not endanger the child''. (h) Report to Congress.--Section 399D(m) of the Public Health Service Act (42 U.S.C. 280d(m)) is amended-- (1) in paragraph (2), by adding ``and'' at the end; (2) in paragraph (3), by striking the semicolon at the end and inserting a period; and (3) by striking paragraphs (4) and (5). (i) Data Collection.--Section 399D(n) of the Public Health Service Act (42 U.S.C. 280d(n)) is amended by adding at the end the following: ``The periodic report shall include a quantitative estimate of the prevalence of alcohol and drug problems in families involved in the child welfare system, the barriers to treatment and prevention services facing these families, and policy recommendations for removing the identified barriers, including training for child welfare workers.''. (j) Definition.--Section 399D(o)(2)(B) of the Public Health Service Act (42 U.S.C. 280d(o)(2)(B)) is amended by striking ``dangerous''. (k) Authorization of Appropriations.--Section 399D(p) of the Public Health Service Act (42 U.S.C. 280d(p)) is amended to read as follows: ``(p) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal year 1998, and such sums as may be necessary for fiscal year 1999.''. (l) Grants for Training and Conforming Amendments.--Section 399D of the Public Health Service Act (42 U.S.C. 280d) is amended-- (1) by striking subsection (f); (2) by striking subsection (k); (3) by redesignating subsections (d), (e), (g), (h), (i), (j), (l), (m), (n), (o), and (p) as subsections (e) through (o), respectively; (4) by inserting after subsection (c), the following: ``(d) Training for Health Care Professionals, Child Welfare Providers, and Other Personnel.--The Secretary may make a grant under subsection (a) for the training of health care professionals, child welfare providers, and other personnel who provide services to vulnerable children and families. Such training shall be to assist professionals in recognizing the drug and alcohol problems of their clients and to enhance their skills in identifying and obtaining substance abuse prevention and treatment resources.''; (5) in subsection (k)(2) (as so redesignated), by striking ``(h)'' and inserting ``(i)''; and (6) in paragraphs (3)(E) and (5) of subsection (m) (as so redesignated), by striking ``(d)'' and inserting ``(e)''.

Services for Children of Substance Abusers Reauthorization Act - Amends the Public Health Service Act to require that the Director of the Substance Abuse and Mental Health Services Administration (currently, the Administrator of the Health Resources and Services administration) make grants for: (1) services for children and families of substance abusers; (2) identification of such children and families; and (3) education and training of providers of such services. Adds alcohol and drug evaluation, treatment, and prevention to the services to be provided to children (replacing provisions mandating preventive counseling services). Allows services to be delivered to families through an entity that meets State licensure or certification requirements for that service. Mandates aggressive outreach to family members with substance abuse problems. Modifies requirements regarding: (1) mandated services for substance abusers; (2) grant eligibility; and (3) information submitted by grant applicants. Removes provisions mandating: (1) coordination with the State lead agency and the State Interagency Coordinating Council under the Individuals with Disabilities Education Act; and (2) peer review as part of the grant awarding process. Authorizes grants for the training of personnel who provide services to vulnerable children and families to assist the professionals in recognizing drug and alcohol problems and to enhance their skills in identifying and obtaining substance abuse prevention and treatment resources. Authorizes appropriations.

Services for Children of Substance Abusers Reauthorization Act

785

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Child Labor Elimination Act of 1996''. SEC. 2. FINDINGS. The Congress finds the following: (1) Article 32 of the United Nations Convention on the Rights of the Child recognizes ``the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education or to be harmful to the child's health or physical, mental, spiritual, moral or social development.''. (2) Article 2 of Convention 138 of the International Labor Organization, the Minimum Age Convention, states that the minimum age for admission to employment or work ``shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years.''. (3) Convention 29 of International Labor Organization, the Forced Labor Convention, which has been in effect since 1930, prohibits most forms of ``forced or compulsory labor'', including all forced labor by people under the age of 18. (4) Although it is among the most universally condemned of all human rights abuses, child labor is widely practiced. The International Labor Organization has estimated the total number of child workers to be between 100,000,000 and 200,000,000. More than 95 percent of those child workers live in developing countries. (5) The International Labor Organization has estimated that 13.2 percent of all children 10 to 14 years of age around the world were economically active in 1995. There are no reliable figures on workers under 10 years of age, though their numbers are known to be significant. Reliable child labor statistics are not readily available, in part because many governments in the developing world are reluctant to document those activities, which are often illegal under domestic laws, which violate international standards, and which may be perceived as a failure of internal public policy. (6) Notwithstanding international and domestic prohibitions, many children in developing countries are forced to work as debt-bonded and slave laborers in hazardous and exploitative industries. According to the United Nations Working Group on Contemporary Forms of Slavery and the International Labor Organization, there are tens of millions of child slaves in the world today. Large numbers of those slaves are involved in agricultural and domestic labor, the sex industry, the carpet and textile industries, and quarrying and brick making. (7) In many countries, children lack either the legal standing or the means to protect themselves from cruelty and exploitation in the workplace. (8) The employment of children often interferes with the opportunities of such children for basic education. Furthermore, where it coexists with high rates of adult unemployment, the use of child labor likely denies gainful employment to millions of adults. (9) While child labor is a complex and multifaceted phenomenon that is tied to issues of poverty, educational opportunity, and culture, its most abusive and hazardous forms are repugnant to basic human rights and must be eliminated. SEC. 3. IDENTIFICATION OF FOREIGN COUNTRIES AND INDUSTRIES THAT USE CHILD LABOR IN PRODUCING GOODS. (a) Identification of Countries and Industries.--The Secretary of Labor shall, not later than 6 months after the date of the enactment of this Act, and not later than the end of each 1-year period thereafter, identify those foreign countries that do not prohibit child labor, or that have laws prohibiting child labor but do not effectively enforce them, and those industries in such countries in which goods are produced or services provided with the use of child labor. The Secretary may revoke the identification of a country or an industry before the end of the 1-year period during which the identification would otherwise be effective, if revocation is warranted by new information or a change in the laws or practices of a country. (b) Sanctions.--The sanctions set forth in section 4 shall apply with respect to those countries and industries identified under subsection (a) for so long as the identification is effective under such subsection. (c) Exemption.--The prohibition under section 4(a)(1)(B) on activities of the Export-Import Bank of the United States, the prohibition under section 4(a)(1)(C) on activities of the Overseas Private Investment Corporation, and the prohibition on multilateral assistance under section 4(a)(2) shall not apply with respect to a business entity if it is established to the satisfaction of the Secretary of Labor that no goods produced by that entity are products of child labor and that the business entity does not otherwise use child labor. SEC. 4. PROHIBITION ON ASSISTANCE FOR FOREIGN COUNTRIES THAT USE CHILD LABOR IN PRODUCING GOODS. (a) Prohibition on Assistance.-- (1) Bilateral assistance.-- (A) In general.--Subject to subparagraph (C), the President may not provide to a foreign country identified by the Secretary of Labor under section 3(a)-- (i) any assistance under the Foreign Assistance Act of 1961, other than-- (I) disaster relief assistance, including any assistance under chapter 9 of part I of such Act; (II) assistance which involves the provision of food (including monetization of food) or medicine; and (III) assistance for refugees; (ii) sales, or financing on any terms, under the Arms Export Control Act; and (iii) the provision of agricultural commodities, other than food, under the Agricultural Trade Development and Assistance Act of 1954. (B) Export-import bank.--The Export-Import Bank of the United States may not give approval to the issuance of any guarantee, insurance, extension of credit, or participation in an extension of credit in connection with the provision of any good or service to-- (i) the government of a foreign country identified by the Secretary of Labor under section 3(a), or an agency of such government; or (ii) a business entity that is in an industry identified by the Secretary of Labor under section 3(a) in such a country. (C) Overseas private investment corporation.--(i) The Overseas Private Investment Corporation may not issue insurance, reinsurance, or financing, or conduct other activities, in connection with an industry identified by the Secretary of Labor under section 3(a). (ii) Clause (i) does not affect contracts entered into by the Overseas Private Investment Corporation before the date of the enactment of this Act. (2) Multilateral assistance.--The Secretary of the Treasury shall instruct the United States Executive Director of each international financial institution to use the voice and vote of the United States to oppose any loan or other use of the funds of such institution to or for any industry identified by the Secretary of Labor under section 3(a). (b) Exception.--A foreign country or an industry identified by the Secretary of Labor under section 3(a) may receive bilateral assistance described in subsection (a)(1) if the President determines and certifies to the Congress that it is in the vital national interest of the United States to provide such bilateral assistance to such country or industry, as the case may be. The President shall include in any such certification-- (1) a full and complete description of the vital national interest of the United States that is placed at risk if such assistance is not provided to such country or industry; and (2) a statement weighing the risk described in paragraph (1) against the risk posed to the vital national interest of the United States by the failure of such country to adopt or enforce laws prohibiting child labor or by the use of child labor by such industry, as the case may be. SEC. 5. REGULATIONS. The President shall issue such regulations as are necessary to carry out this Act. SEC. 6. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR UNDERAGE CHILD WORKERS. There is authorized to be appropriated to the President the sum of $10,000,000 for each of fiscal years 1997 through 2001 for a United States contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor. SEC. 7. DEFINITIONS. As used in this Act: (1) Child labor.--The term ``child labor'' means the performance of services in exchange for remuneration (regardless of to whom paid), subsistence, goods, or services, or any combination thereof, or under circumstances tantamount to involuntary servitude-- (A) by persons who have not attained the minimum age, except for-- (i) light work by persons no more than 2 years younger than the minimum age that is not likely to harm their health or development and which does not prejudice their attendance at school, their participation in vocational orientation or training programs approved by the competent authority in the country concerned, or their capacity to benefit from the instruction received, (ii) work on family and small-scale agricultural holdings which produce for local consumption and do not regularly employ hired workers, (iii) work done by persons at least 14 years of age in schools or other training institutions for general, vocational, or technical education, (iv) work done by persons at least 14 years of age as an integral part of a program of education, training, or occupational guidance carried out in accordance with conditions prescribed by the competent authority in the country concerned, and (v) participation in artistic performances pursuant to permits granted in individual cases by the competent authority in the country concerned; and (B) by persons under the age of 18 if such services would likely jeopardize the health, safety, or moral character of a young person, except for the performance of such services by individuals at least 16 years of age where-- (i) the country concerned has expressly authorized such employment by national laws or regulation; (ii) the health, safety, and morals of the individuals involved are fully protected; and (iii) the individuals involved have received adequate specific instruction or vocational training in the relevant branch of activity. (2) Minimum age.--The term ``minimum age'' means the age at which children complete compulsory schooling under the national laws of the country concerned, or the age of 15, whichever is older, except that when a country whose economy and educational facilities are insufficiently developed has specified, pursuant to an international agreement, a minimum age of 14 years for a period of limited and specifically identified duration, the term ``minimum age'' means the age of 14 years during that period. (3) Product of child labor.--A good shall be treated as being a product of child labor if the good-- (A) was fabricated, assembled, or processed, in whole or part, (B) contains any part that was fabricated, assembled, or processed, in whole or in part, or (C) was harvested, mined, quarried, pumped, or otherwise extracted, with child labor. (4) Business entity.--The term ``business entity''-- (A) means any entity that produces (including fabricating, assembling, processing, harvesting, mining, quarrying, pumping, or otherwise extracting), sells, imports, exports, or contracts for the production of, a good in a foreign country; and (B) includes, but is not limited to, entities owned or controlled in whole or in part by the government of a foreign country. (5) Foreign country.--The term ``foreign country'' means any foreign country and any possession or territory of a foreign country that is administered separately for customs purposes (and includes any designated zone within such country, possession, or territory). (6) International financial institution.--The term ``international financial institution'' means the International Bank for Reconstruction and Development, the International Development Association, the Multilateral Investment Guarantee Agency, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the African Development Fund, the International Monetary Fund, the European Bank for Reconstruction and Development, and the International Finance Corporation.

International Child Labor Elimination Act of 1996 - Directs the Secretary of Labor to annually identify foreign countries that do not prohibit child labor, or that have laws prohibiting child labor but do not enforce them, and those industries in such countries in which child labor is used. Prohibits U.S. and multilateral assistance to identified countries, with specified exceptions. Authorizes appropriations for a U.S. contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor.

International Child Labor Elimination Act of 1996

786

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade and Professional Association Free Flow of Information Act of 1997''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) trade and professional associations serve the public interest by conducting research, collecting and distributing information, and otherwise providing services to their members with regard to products and materials purchased and used by those members; (2) in the decade preceding the date of enactment of this Act, many large class action lawsuits have been filed against manufacturers for allegedly defective products; (3) as a result of the lawsuits referred to in paragraph (2), many members of trade and professional associations who are consumers of those products have relied increasingly on trade and professional associations for information concerning those products, including information concerning-- (A) the conditions under which such a product may be used effectively; (B) whether it is necessary to repair or replace such a product, and if such a repair or replacement is necessary, the appropriate means of accomplishing that repair or replacement; and (C) any litigation concerning such a product; (4) trade and professional associations have, with an increasing frequency, been served broad and burdensome third- party subpoenas from litigants in product defect lawsuits, including class action lawsuits; (5) members of trade and professional associations are seeking potentially beneficial information relating to product defects, quality, or performance from the trade and professional associations; (6) trade and professional associations have been subject to lawsuits concerning methods of collection and dissemination of that information; (7) the burden of responding to third-party subpoenas in product defect lawsuits and the threat of litigation have had a substantial chilling effect on the ability and willingness of trade and professional associations to disseminate information described in paragraph (5) to members, and the threat that information provided on a confidential basis to members could be subject to discovery in a civil action also has a chilling effect; (8) because of the national scope of the problems described in paragraphs (1) through (7), it is not possible for States to fully address the problems by enacting State laws; and (9) the Federal Government has the authority under the United States Constitution (including article I, section 8, clause 3 of the Constitution and the 14th amendment to the Constitution) to remove barriers to interstate commerce and protect due process rights. (b) Purposes.--The purposes of this Act are to promote the free flow of goods and services and lessen burdens on interstate commerce in accordance with the authorities referred to in subsection (a)(9) by ensuring the free flow of information concerning product defects, quality, or performance among trade and professional associations and their members. SEC. 2. DEFINITIONS. In this Act: (1) Product.-- (A) In general.--The term ``product'' means any object, substance, mixture, or raw material in a gaseous, liquid, or solid state that-- (i) is capable of delivery itself or as an assembled whole, in a mixed or combined state, or as a component part or ingredient; (ii) is produced for introduction into trade or commerce; (iii) has intrinsic economic value; and (iv) is intended for sale or lease to persons for commercial or personal use, including improvements to real property and fixtures that are affixed or incorporated into those improvements. (B) Exclusions.--The term does not include-- (i) tissue, organs, blood, and blood products used for therapeutic or medical purposes, except to the extent that such tissue, organs, blood, and blood products (or the provision thereof) are subject, under applicable State law, to a standard of liability other than negligence; or (ii) electricity, natural gas, or steam. (2) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (3) Trade or professional association.--The term ``trade or professional association'' means an organization described in paragraph (3), (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code. SEC. 3. QUALIFIED EXEMPTION FROM CIVIL LIABILITY. (a) In General.-- (1) In general.--Except as provided in subsection (b), a trade or professional association shall not be subject to civil liability relating to harm caused by the provision of information described in paragraph (2) by the trade or professional association to a member of the trade or professional association. (2) Information.--The information described in this paragraph is information relating to a product concerning-- (A) the quality of the product; (B) the performance of the product; or (C) any defect of the product. (3) Applicability.--This subsection applies with respect to civil liability under Federal or State law. (b) Exception for Liability.--Subsection (a) shall not apply with respect to harm caused by an act of a trade or professional association that a court determines, on the basis of clear and convincing evidence, to have been caused by the trade or professional association by the provision of information described in subsection (a)(2) that the trade or professional association-- (1) knew to be false; or (2) provided a reckless indifference to the truth or falsity of that information. SEC. 4. SPECIAL MOTION TO STRIKE. A trade or professional association may file a special motion to strike any claim in any judicial proceeding against the trade or professional association on the ground that the claim is based on an act with respect to which the association is exempt from liability under section 3. SEC. 5. REQUIRED PROCEDURES REGARDING SPECIAL MOTION TO STRIKE. (a) Treatment of Motion.--Upon the filing of any motion under section 4-- (1) to the extent consistent with this section, the motion shall be treated as a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure (or an equivalent motion under applicable State law); and (2) the trial court shall hear the motion within a period of time that is appropriate for preferred or expedited motions. (b) Suspension of Discovery.--Upon the filing of a motion under section 4, discovery requests to or from the moving party shall be suspended pending a decision on-- (1) the motion; and (2) any appeal on the ruling on the motion. (c) Burden of Proof.--The responding party shall have the burden of proof in presenting evidence that a motion filed under section 4 should be denied. (d) Basis of Determination.--A court shall make a determination on a motion filed under section 4 on the basis of the facts contained in the pleadings and affidavits filed in accordance with this section. (e) Dismissal.--With respect to a claim that is the subject of a motion filed under section 4, the court shall grant the motion and dismiss the claim, unless the responding party has produced evidence that would be sufficient for a reasonable finder of fact to conclude, on the basis of clear and convincing evidence, that the moving party is not exempt from liability for that claim under section 3. (f) Costs.--If a moving party prevails in procuring the dismissal of a claim as a result of a motion made under section 4, the court shall award that party the costs incurred by the party in connection with making the motion, including reasonable attorney and expert witness fees. SEC. 6. QUALIFIED EXEMPTION FROM THIRD-PARTY DISCOVERY. (a) In General.--Notwithstanding any other provision of law, a trade or professional association may only be served with a subpoena in a civil action described in subsection (b) if the party that serves the subpoena first establishes to the court, by clear and convincing evidence that-- (1) the materials or information sought by the subpoena are directly relevant to the civil action; and (2) the party serving the subpoena has a compelling need for the materials or information because the materials or information are not otherwise available. (b) Civil Actions Described.--A civil action described in this subsection is a civil action-- (1) relating to the quality, performance, or defect of a product; and (2) to which the trade or professional association involved is not a party. SEC. 7. SPECIAL MOTION TO QUASH A SUBPOENA. A trade or professional association may file a special motion to quash a subpoena on the grounds that the trade or professional association is exempt from any third-party discovery request under section 6. SEC. 8. REQUIRED PROCEDURES REGARDING SPECIAL MOTION TO QUASH. (a) In General.--Upon the filing of any motion under section 7, the trial court shall hear the motion within the period of time that is appropriate for preferred or expedited motions. (b) Suspension of Compliance.--Upon the filing of a motion under section 7, the court shall not compel compliance with the subpoena during the period during which-- (1) the motion is under consideration; or (2) an appeal on the determination by the court to deny the motion has not resulted in a final ruling by the court on the appeal. (c) Burden of Proof.--The responding party shall have the burden of proof in presenting evidence that a motion filed under section 7 should be denied. (d) Basis of Determination.--A court shall make a determination on a motion filed under section 7 on the basis of the facts contained in the pleadings and affidavits filed in accordance with this section. (e) Quashing a Subpoena.--The court shall grant a motion filed under section 7 and quash the subpoena that is the subject of the motion, unless the responding party proves, by clear and convincing evidence, that the trade or professional association that received the subpoena is not exempt from responding to the subpoena under section 6. (f) Costs.--If a trade or professional association prevails in procuring the quashing of a subpoena as a result of a motion made under section 7, the court shall award the trade or professional association the costs incurred by that trade or professional association in connection with making the motion, including reasonable attorney and expert witness fees. SEC. 9. RIGHT TO OBJECT UNDER RULE 45 OF THE FEDERAL RULES OF CIVIL PROCEDURE. Nothing in this Act may be construed to impair the right of a trade or professional association to serve written objections under rule 45(c)(2)(B) of the Federal Rules of Civil Procedure, or any similar rule or procedure under applicable State law. SEC. 10. QUALIFIED ASSOCIATION-MEMBER PRIVILEGE. (a) In General.--Except as provided in subsection (b), a member of a trade or professional association shall not be required to disclose any information described in section 3(a)(2), including any materials containing that information, that-- (1) relates to actual or anticipated litigation involving the quality, performance, or defect of a product; (2) is considered to be confidential by the trade or professional association and that member; and (3) is communicated by the trade or professional association with the reasonable expectation that the information will-- (A) be used in connection with actual or anticipated litigation; and (B) be maintained in confidence. (b) Exception.--Subsection (a) does not apply in any action in which a party seeking information described in that subsection has established to a court, by clear and convincing evidence, that-- (1) the materials or information sought are directly relevant to an action filed by that party; and (2) the party has a compelling need for the information because the information is not otherwise obtainable. SEC. 11. ELECTION OF STATE REGARDING NONAPPLICABILITY. This Act shall not apply to any civil action in a State court with respect to which all of the parties are citizens of that State, if that State enacts, pursuant to applicable State law, a State statute that-- (1) cites the authority of this section; (2) specifies that the State elects to be exempt from the requirements of this Act pursuant to this section; and (3) contains no other provisions. SEC. 12. PREEMPTION; APPLICABILITY. (a) Preemption.--This Act supersedes the laws of any State to the extent such State laws apply to matters to which this Act applies. (b) Applicability.--Except as provided in section 11, and subject to subsection (a), this Act applies to any civil action commenced in a Federal or State court, on or after the date of enactment of this Act.

Trade and Professional Association Free Flow of Information Act of 1997 - Exempts a trade or professional association from civil liability relating to harm caused by the provision of specified information by the trade or professional association to a member of the trade or professional association. Authorizes a trade or professional association to file a special motion to strike any claim in a judicial proceeding against the trade or professional association on the ground that the claim is based on an act with respect to which the association is exempt from liability under this Act. Sets forth provisions regarding: (1) procedures with respect to a special motion to strike; (2) qualified exemption of such associations from third-party discovery; (3) a special motion to quash a subpoena on the grounds that the trade or professional association is exempt from any third-party discovery request; (4) procedures with respect to a special motion to quash; (5) the right of such associations to object under rule 45 of the Federal Rules of Procedure or any similar rule or procedure under applicable State law; (6) a qualified association member privilege not to disclose confidential information received from the association relating to litigation involving the quality, performance, or defect of a product; (7) election of a State to be exempt from the requirements of this Act with respect to any civil action in a State court in which all of the parties are citizens of that State; and (8) preemption of State laws.

Trade and Professional Association Free Flow of Information Act of 1997

787

SECTION 1. 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) in note 1, by striking ``subheading 3501.10.10'' and inserting ``subheadings 3501.10.05, 3501.10.15, and 3501.10.20''; and (B) 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 54,051,000 kilograms. Articles the product of Mexico 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, inclusive, and inserting the following new subheadings with 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 0.37 cents/kg Free (A*, CA, E, IL, J, 12 cents/kg general note MX) 15 of the tariff schedule and entered pursuant to its provisions 3501.10.15 Described in 0.37 cents/kg Free (A*, CA, E, IL, J) 12 cents/kg additional U.S. note 2 to this chapter and entered according to its provisions 3501.10.20 Other.......... $2.16/kg Free (MX) $2.81/kg ................. Other: 3501.10.55 For industrial Free Free (A*, CA, E, IL, J, Free uses other MX) than the manufacture of food for humans or other animals or as ingredients in such food..... ................. Other: 3501.10.60 Described in Free Free (A*, CA, E, IL, J, 12 cents/kg general note MX) 15 of the tariff schedule and entered pursuant to its provisions... 3501.10.65 Described in 0.37 cents/kg Free (A*, CA, E, IL, J) 12 cents/kg additional U.S. note 2 to this chapter and entered according to its 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, E, IL, J, 30% MX) ................. Other: 3501.90.30 For industrial 6% Free (A*, CA, E, IL, J, 30% uses other MX) than the manufacture of food for humans or other animals or as ingredients in such food..... ................. Other: 3501.90.55 Described in 0.37 cents/kg Free (A*, CA, E, IL, J, 12.1 cents/kg general note MX) 15 of the tariff schedule and entered pursuant to its provisions... 3501.90.65 Described in 0.37 cents/kg Free (A*, CA, E, IL, J) 12.1 cents/kg additional U.S. note 2 to this chapter and entered according to its 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 15,818,000 kilograms. Articles the product of Mexico 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 subheading 0404.90 through 0404.90.10, inclusive, 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 0405.10 and the article description 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 0.37 cents/kg Free (A*, CA, E, IL, J, 12 cents/kg general note MX) 15 of the tariff schedule and entered pursuant to its provisions 0404.90.15 Described in 0.37 cents/kg Free (A*, CA, E, IL, J) 12 cents/kg additional U.S. note 27 to this chapter and entered pursuant to its provisions 0404.90.20 Other.......... $1.56/kg Free (MX) $2.02/kg '' (c) Effective Date.--The amendments made by this section apply to goods entered, or withdrawn from warehouse for consumption, on or after the first day of the first month after the date that is 15 days after the date of enactment of this Act. SEC. 2. COMPENSATION AUTHORITY. (a) In General.--If the provisions of section 1 require, the President-- (1) may enter into a 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 existing duty, or such continuance of existing duty-free or excise treatment, 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 rate of duty to a rate which is less than 70 percent of the existing rate of duty. (2) Special rule for certain duty reductions.--If the rate of duty in effect at any time is an intermediate stage under section 1102(a) of the Omnibus Trade and Competitiveness Act of 1988, the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under section 1102(a) by not more than 30 percent of such rate of duty, and may provide for a final rate of duty which is not less than the 70 percent of the rate of duty proclaimed as the final stage under section 1102(a). (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 one percent ad valorem.

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 Mexico).Authorizes the President to: (1) enter into a 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. Sets forth certain limits on the reduction of duties on such products.

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

788

SECTION 1. SHORT TITLE. This Act may be cited as the ``Red River Private Property Protection Act''. SEC. 2. DISCLAIMER AND OUTDATED SURVEYS. (a) In General.--The Secretary hereby disclaims any right, title, and interest to all land located south of the South Bank boundary line of the Red River in the affected area. (b) Clarification of Prior Surveys.--Previous surveys conducted by the Bureau of Land Management shall have no force or effect in determining the current South Bank boundary line. SEC. 3. IDENTIFICATION OF CURRENT BOUNDARY. (a) Boundary Identification.--To identify the current South Bank boundary line along the affected area, the Secretary shall commission a new survey that-- (1) adheres to the gradient boundary survey method; (2) spans the entire length of the affected area; (3) is conducted by Licensed State Land Surveyors chosen by the Texas General Land Office; and (4) is completed not later than 2 years after the date of the enactment of this Act. (b) Approval of the Survey.--The Secretary shall submit the survey conducted under this Act to the Texas General Land Office for approval. State approval of the completed survey shall satisfy the requirements under this Act. SEC. 4. APPEAL. Not later than 1 year after the survey is completed and approved pursuant to section 3, a private property owner who holds right, title, or interest in the affected area may appeal public domain claims by the Secretary to an Administrative Law Judge. SEC. 5. RESOURCE MANAGEMENT PLAN. The Secretary shall ensure that no parcels of land in the affected area are treated as Federal land for the purpose of any resource management plan until the survey has been completed and approved and the Secretary ensures that the parcel is not subject to further appeal pursuant to this Act. SEC. 6. CONSTRUCTION. This Act does not change or affect in any manner the interest of the States or sovereignty rights of federally recognized Indian tribes over lands located to the north of the South Bank boundary line of the Red River as established by this Act. SEC. 7. SALE OF REMAINING RED RIVER SURFACE RIGHTS. (a) Competitive Sale of Identified Federal Lands.--After the survey has been completed and approved and the Secretary ensures that a parcel is not subject to further appeal under this Act, the Secretary shall offer any and all such remaining identified Federal lands for disposal by competitive sale for not less than fair market value as determined by an appraisal conducted in accordance with nationally recognized appraisal standards, including the Uniform Appraisal Standards for Federal Land Acquisitions; and the Uniform Standards of Professional Appraisal Practice. (b) Existing Rights.--The sale of identified Federal lands under this section shall be subject to valid existing tribal, State, and local rights. (c) Proceeds of Sale of Lands.--Net proceeds from the sale of identified Federal lands under this section shall be used to offset any costs associated with this Act. (d) Report.--Not later than 5 years after the date of the enactment of this Act, the Secretary 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 list of any identified Federal lands that have not been sold under subsection (a) and the reasons such lands were not sold. SEC. 8. DEFINITIONS. For the purposes of this Act: (1) Affected area.--The term ``affected area'' means lands along the approximately 116-mile stretch of the Red River from its confluence with the North Fork of the Red River on the west to the 98th meridian on the east between the States of Texas and Oklahoma. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of Bureau of Land Management. (3) South bank.--The term ``South Bank'' means the water- washed and relatively permanent elevation or acclivity, commonly called a cut bank, along the southerly or right side of the Red River which separates its bed from the adjacent upland, whether valley or hill, and usually serves to confine the waters within the bed and to preserve the course of the river; as specified in the fifth paragraph of the decree rendered March 12, 1923, in Oklahoma v. Texas, 261 U.S. 340, 43 S. Ct. 376, 67 L. Ed. 687. (4) South bank boundary line.--The term ``South Bank boundary line'' means the boundary between Texas and Oklahoma identified through the gradient boundary survey method; as specified in the sixth and seventh paragraphs of the decree rendered March 12, 1923, in Oklahoma v. Texas, 261 U.S. 340, 43 S. Ct. 376, 67 L. Ed. 687. (5) Gradient boundary survey method.--The term ``gradient boundary survey method'' means the measurement technique used to locate the South Bank boundary line under the methodology established by the United States Supreme Court which recognizes that the boundary line between the States of Texas and Oklahoma along the Red River is subject to such changes as have been or may be wrought by the natural and gradual processes known as erosion and accretion as specified in the second, third, and fourth paragraphs of the decree rendered March 12, 1923, in Oklahoma v. Texas, 261 U.S. 340, 43 S. Ct. 376, 67 L. Ed. 687.

Red River Private Property Protection Act Declares that the Bureau of Land Management (BLM) of the Department of the Interior disclaims any right, title, and interest to certain lands along a stretch of the Red River between Texas and Oklahoma (the affected area) located south of the South Bank boundary line. Directs the BLM, in identifying the current South Bank boundary line along the affected area, to commission a new survey that: (1) adheres to the gradient boundary survey method, (2) spans the entire length of the affected area, (3) is conducted by Licensed State Land Surveyors chosen by the Texas General Land Office, and (4) is completed within two years of enactment of this Act. Requires submission of the survey to the Texas General Land Office for approval. Permits a private property owner who holds, right, title, or interest in the affected area, after the survey is completed and approved, to appeal public domain claims by the BLM to an Administrative Law Judge. Instructs the BLM to: ensure that no parcels of land in the affected area are treated as federal land for the purpose of any resource management plan until the survey has been completed and approved and the parcel is no longer subject to further appeal, and, subsequently, offer any remaining identified federal lands for disposal by competitive sale for at least fair market value. Requires the BLM to submit to Congress a list of identified federal lands that have not been sold and the reasons why.

Red River Private Property Protection Act

789

SECTION 1. SHORT TITLE. This Act may be cited as the ``Melanie Blocker-Stokes Postpartum Depression Research and Care Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Postpartum depression is a devastating mood disorder which strikes many women during and after pregnancy. (2) Postpartum mood changes are common and can be broken into three subgroups: ``baby blues,'' which is an extremely common and the less severe form of postpartum depression; postpartum mood and anxiety disorders, which are more severe than baby blues and can occur during pregnancy and anytime within the first year of the infant's birth; and postpartum psychosis, which is the most extreme form of postpartum depression and can occur during pregnancy and up to twelve months after delivery. (3) ``Baby blues'' is characterized by mood swings, feelings of being overwhelmed, tearfulness, irritability, poor sleep, mood changes, and a sense of vulnerability. (4) The symptoms of postpartum mood and anxiety disorders are the worsening and the continuation of the baby blues beyond the first days or weeks after delivery. (5) The symptoms of postpartum psychosis include losing touch with reality, distorted thinking, delusions, auditory hallucinations, paranoia, hyperactivity, and rapid speech or mania. (6) Each year over 400,000 women suffer from postpartum mood changes, with baby blues afflicting up to 80 percent of new mothers; postpartum mood and anxiety disorders impairing around 10-20 percent of new mothers; and postpartum psychosis striking 1 in 1,000 new mothers. (7) The causes of postpartum depression are complex and unknown at this time; however, theories include a steep and rapid drop in hormone levels after childbirth; difficulty during labor or pregnancy; a premature birth; a miscarriage; feeling overwhelmed, uncertain, frustrated or anxious about one's new role as a mother; a lack of support from one's spouse, friends or family; marital strife; stressful events in life such as death of a loved one, financial problems, or physical or mental abuse; a family history of depression or mood disorders; a previous history of major depression or anxiety; or a prior postpartum depression. (8) Postpartum depression is a treatable disorder if promptly diagnosed by a trained provider and attended to with a personalized regimen of care including social support, therapy, medication, and when necessary hospitalization. (9) All too often postpartum depression goes undiagnosed or untreated due to the social stigma surrounding depression and mental illness, the myth of motherhood, the new mother's inability to self-diagnose her condition, the new mother's shame or embarrassment over discussing her depression so near to the birth of her child, the lack of understanding in society and the medical community of the complexity of postpartum depression, and economic pressures placed on hospitals and providers. (10) Untreated, postpartum depression can lead to further depression, substance abuse, loss of employment, divorce and further social alienation, self-destructive behavior, or even suicide. (11) Untreated, postpartum depression impacts society through its affect on the infant's physical and psychological development, child abuse, neglect or death of the infant or other siblings, and the disruption of the family. TITLE I--RESEARCH ON POSTPARTUM DEPRESSION AND PSYCHOSIS SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF NATIONAL INSTITUTE OF MENTAL HEALTH. (a) In General.--The Secretary of Health and Human Services, acting through the Director of NIH and the Director of the National Institute of Mental Health (in this section referred to as the ``Institute''), shall expand and intensify research and related activities of the Institute with respect to postpartum depression and postpartum psychosis (in this section referred to as ``postpartum conditions''). (b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the 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 postpartum conditions. (c) Programs for Postpartum Conditions.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to find a cure for, postpartum conditions. Activities under such subsection shall include conducting and supporting the following: (1) Basic research concerning the etiology and causes of the conditions. (2) Epidemiological studies to address the frequency and natural history of the conditions and the differences among racial and ethnic groups with respect to the conditions. (3) The development of improved diagnostic techniques. (4) Clinical research for the development and evaluation of new treatments, including new biological agents. (5) Information and education programs for health care professionals and the public. (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2006. TITLE II--DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND PSYCHOSIS SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS. (a) In General.--The Secretary of Health and Human Services (in this title referred to as the ``Secretary'') shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with postpartum depression or postpartum psychosis (referred to in this section as a ``postpartum condition) and their families. (b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity. (c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the diagnosis and management of postpartum conditions. Activities that the Secretary may authorize for such projects may also include the following: (1) Delivering or enhancing outpatient and home-based health and support services, including case management, screening and comprehensive treatment services for individuals with or at risk for postpartum conditions; and delivering or enhancing support services for their families. (2) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family and the future development of the infant. (3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with postpartum conditions and support services for their families. (d) Integration With Other Programs.--To the extent practicable and appropriate, the Secretary shall integrate the program under this title with other grant programs carried out by the Secretary, including the program under section 330 of the Public Health Service Act. SEC. 202. CERTAIN REQUIREMENTS. A grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. (2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of postpartum conditions. (3) The applicant will abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. (4) The grant will not be expended to make payment for services authorized under section 201(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services-- (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. (5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. SEC. 203. TECHNICAL ASSISTANCE. The Secretary may provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible to receive grants under section 201. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this title, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2006.

Melanie Blocker-Stokes Postpartum Depression Research and Care Act - Directs the Secretary of Health and Human Services, acting through the Director of NIH and the Director of the National Institute of Mental Health, to expand and intensify research and related activities of the Institute with respect to postpartum depression and postpartum psychosis. Authorizes appropriations.Directs the Secretary of Health and Human Services to make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with postpartum depression or postpartum psychosis and their families. Authorizes appropriations.

To provide for research on, and services for individuals with, postpartum depression and psychosis.

790

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Fisheries through Better Science Act''. SEC. 2. DEFINITION OF STOCK ASSESSMENT. Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) is amended by redesignating the paragraphs after paragraph (42) in order as paragraphs (44) through (52), and by inserting after paragraph (42) the following: ``(43) The term `stock assessment' means an evaluation of the past, present, and future status of a stock of fish, that includes-- ``(A) a range of life history characteristics for such stock, including-- ``(i) the geographical boundaries of such stock; and ``(ii) information on age, growth, natural mortality, sexual maturity and reproduction, feeding habits, and habitat preferences of such stock; and ``(B) fishing for the stock.''. SEC. 3. STOCK ASSESSMENT PLAN. (a) In General.--Section 404 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 18881c) is amended by adding at the end the following: ``(e) Stock Assessment Plan.-- ``(1) In general.--The Secretary shall develop and publish in the Federal Register, on the same schedule as required for the strategic plan required under section 404(b) of such Act, a plan to conduct stock assessments for all stocks of fish for which a fishery management plan is in effect under this Act. ``(2) Contents.--The plan shall-- ``(A) for each stock of fish for which a stock assessment has previously been conducted-- ``(i) establish a schedule for updating the stock assessment that is reasonable given the biology and characteristics of the stock; and ``(ii) subject to the availability of appropriations, require completion of a new stock assessment, or an update of the most recent stock assessment-- ``(I) every 5 years; or ``(II) within such other time period specified and justified by the Secretary in the plan; ``(B) for each stock of fish for which a stock assessment has not previously been conducted-- ``(i) establish a schedule for conducting an initial stock assessment that is reasonable given the biology and characteristics of the stock; and ``(ii) subject to the availability of appropriations, require completion of the initial stock assessment within 3 years after the plan is published in the Federal Register unless another time period is specified and justified by the Secretary in the plan; and ``(C) identify data and analysis, especially concerning recreational fishing, that, if available, would reduce uncertainty in and improve the accuracy of future stock assessments, including whether such data and analysis could be 10 provided by nongovernmental sources, including fishermen, fishing communities, universities, and research institutions. ``(3) Waiver of stock assessment requirement.-- Notwithstanding subparagraphs (A)(ii) and (B)(ii), a stock assessment is not required for a stock of fish in the plan if the Secretary determines that such a stock assessment is not necessary and justifies such determination in the Federal Register notice required by this subsection.''. (b) Deadline.--Notwithstanding paragraph (1) of section 404(e) of such Act, as amended by this section, the Secretary of Commerce shall issue the first stock assessment plan under such section by not later than 1 year after the date of enactment of this Act. SEC. 4. IMPROVING SCIENCE. (a) Incorporation of Information From Wide Variety of Sources.-- Section 2(a)(8) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801) is amended by adding at the end the following: ``Fisheries management is most effective when it incorporates information provided by governmental and nongovernmental sources, including State and Federal agency staff, fishermen, fishing communities, universities, research institutions, and other appropriate entities. As appropriate, such information should be considered the best scientific information available and form the basis of conservation and management measures as required by this Act.''. (b) Improving Data Collection and Analysis.-- (1) In general.--Section 404 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881c), as amended by this Act, is further amended by adding at the end the following: ``(f) Improving Data Collection and Analysis.-- ``(1) In general.--The Secretary, in consultation with the science and statistical committee of the Councils established under section 302(g), shall develop and publish in the Federal Register guidelines that will facilitate greater incorporation of data, analysis, and stock assessments from nongovernmental sources, including fishermen, fishing communities, universities, and research institutions, into fisheries management decisions. ``(2) Content.--The guidelines shall-- ``(A) identify types of data and analysis, especially concerning recreational fishing, that can be reliably used as the best scientific information available for purposes of this Act and the basis for establishing conservation and management measures as required by section 303(a)(1), including setting standards for the collection and use of such data and analysis in stock assessments and for other purposes; ``(B) provide specific guidance for collecting data and performing analyses identified as necessary to reduce the uncertainty referred to in section 404(e)(2)(C); and ``(C) establish a registry of persons providing such information. ``(3) Acceptance and use of data and analyses.--The Secretary and Regional Fishery Management Councils shall-- ``(A) use all data and analyses that meet the guidelines published under paragraph (1) as the best scientific information available for purposes of this Act in fisheries management decisions, unless otherwise determined by the science and statistical committee of the Councils established pursuant to section 302(g) of the Act; ``(B) explain in the Federal Register notice announcing the fishery management decision how such data and analyses have been used to establish conservation and management measures; and ``(C) if any such data or analysis is not used, provide in the Federal Register notice announcing the fishery management decision an explanation developed by such science and statistical committee of why such data or analysis was not used.''. (b) Deadline.--The Secretary of Commerce shall develop and publish guidelines under the amendment made by subsection (a) by not later than 1 year after the date of enactment of this Act. SEC. 5. COST REDUCTION REPORT. Within 1 year after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Regional Fishery Management Councils, shall submit a report to Congress that, with respect to each fishery governed by a fishery management plan in effect under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)-- (1) identifies the goals of the applicable programs governing monitoring and enforcement of fishing that is subject to such plan; (2) identifies methods to accomplish those goals, including human observers, electronic monitoring, and vessel monitoring systems; (3) certifies which such methods are most cost-effective for fishing that is subject to such plan; and (4) explains why such most-cost-effective methods are not required, if applicable. SEC. 6. COST SHARING. Section 304(d) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(d)) is amended by adding at the end the following: ``(3) The Secretary shall not collect any fee under this section or section 313(a) before preparing an analysis that identifies the costs that will be recovered by the fee and the costs that will not be recovered by the fee. Such analysis shall be included in the applicable fisheries management plan.''.

Healthy Fisheries through Better Science Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce to develop and publish at least triennially in the Federal Register (on the same schedule as the fisheries research strategic plan) a plan to conduct stock assessments for all stocks of fish for which a fishery management plan is in effect. Defines "stock assessment" as an evaluation of the past, present, and future status of a stock of fish, including: (1) a range of life history characteristics, including the stock's geographical boundaries, age, growth, natural mortality, sexual maturity and reproduction, feeding habits, and habitat preferences; and (2) fishing for the stock. Requires the plan to: (1) establish schedules for conducting initial stock assessments and updating previously conducted assessments; and (2) identify data and analysis, especially concerning recreational fishing, that would reduce uncertainty in and improve the accuracy of future stock assessments, including whether such data and analysis could be provided by nongovernmental sources, such as fishermen, fishing communities, universities, and research institutions. Provides for waivers of stock assessment requirements when the Secretary determines that the assessment is not necessary and justifies such determination in the Federal Register notice. Directs the Secretary to develop and publish in the Federal Register guidelines to incorporate data, analysis, and stock assessments from nongovernmental sources into fisheries management decisions and to establish a registry of information providers. Requires the Secretary and Regional Fishery Management Councils to use such information as the best scientific information available in fisheries management decisions, unless otherwise determined by the science and statistical committee of such Councils. Directs the Secretary to report to Congress regarding each fishery governed by a fishery management plan to: (1) identify the goals and methods of the applicable programs governing monitoring and enforcement of fishing subject to such plan; (2) certify which methods are most cost-effective; and (3) explain why such most-cost-effective methods are not required, if applicable. Prohibits the Secretary from collecting certain fishing permit fees and North Pacific Council fisheries research plan implementation fees before identifying the costs that will be recovered by such fee.

Healthy Fisheries through Better Science Act

791

SECTION 1. SHORT TITLE. This Act may be cited as the ``John F. Kennedy Centennial Commission Act''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``John F. Kennedy Centennial Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) plan, develop, and carry out such activities as the Commission considers fitting and proper to honor John F. Kennedy on the occasion of the 100th anniversary of his birth; (2) provide advice and assistance to Federal, State, and local governmental agencies, as well as civic groups to carry out activities to honor John F. Kennedy on the occasion of the 100th anniversary of his birth; (3) develop activities that may be carried out by the Federal Government that are fitting and proper to honor John F. Kennedy on the occasion of the 100th anniversary of his birth; and (4) submit to the President and Congress reports pursuant to section 7. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 11 members as follows: (1) The Secretary of the Interior. (2) Four members appointed by the President after considering the recommendations of the Board of Trustees of the John F. Kennedy Library Foundation. (3) Two Members of the House of Representatives appointed by the Speaker of the House of Representatives. (4) One Member of the House of Representatives appointed by the minority leader of the House of Representatives. (5) Two Members of the Senate appointed by the majority leader of the Senate. (6) One Member of the Senate appointed by the minority leader of the Senate. (b) Ex Officio Member.--The Archivist of the United States shall serve in an ex officio capacity on the Commission to provide advice and information to the Commission. (c) Terms.--Each member shall be appointed for the life of the Commission. (d) Deadline for Appointment.--All members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (e) Vacancies.--A vacancy on the Commission shall-- (1) not affect the powers of the Commission; and (2) be filled in the manner in which the original appointment was made. (f) Rates of Pay.--Members shall not receive compensation for the performance of their duties on behalf of the Commission. (g) Travel Expenses.--Each member of the Commission shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Commission while away from home or his or her regular place of business, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (h) Quorum.--A majority of the members of the Commission shall constitute a quorum to conduct business, but two or more members may hold hearings. (i) Chairperson.--The chairperson of the Commission shall be elected by a majority vote of the members of the Commission. SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (a) Director and Staff.--The Commission shall appoint an executive director and such other additional employees as are necessary to enable the Commission to perform its duties. (b) Applicability of Certain Civil Service Laws.--The executive director and employees 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 such title relating to classification and General Schedule pay rates, except that the rate of pay for the executive director and other employees may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (c) Detail of Federal Employees.--Upon request of the Commission, the Secretary of the Interior or the Archivist of the United States may detail, on a reimbursable basis, any of the employees of that department or agency to the Commission to assist it in carrying out its duties under this Act. (d) Experts and Consultants.--The Commission may procure such temporary and intermittent services as are necessary to enable the Commission to perform its duties. (e) Volunteer and Uncompensated Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. SEC. 6. POWERS OF COMMISSION. (a) Hearings.--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. (b) 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. (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 its duties under 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, Devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or property, both real and personal, for the purpose of aiding or facilitating its work. (e) Available Space.--Upon the request of the Commission, the Administrator of General Services shall make available nationwide to the Commission, at a normal rental rate for Federal agencies, such assistance and facilities as may be necessary for the Commission to carry out its duties under this Act. (f) Contract Authority.--The Commission may enter into contracts with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act. SEC. 7. REPORTS. (a) Annual Reports.--The Commission shall submit to the President and the Congress annual reports on the revenue and expenditures of the Commission, including a list of each gift, bequest, or devise to the Commission with a value of more than $250, together with the identity of the donor of each gift, bequest, or devise. (b) Interim Reports.--The Commission may submit to the President and Congress interim reports as the Commission considers appropriate. (c) Final Report.--Not later than August 31, 2017, the Commission shall submit a final report to the President and the Congress containing-- (1) a summary of the activities of the Commission; (2) a final accounting of funds received and expended by the Commission; and (3) the findings, conclusions, and final recommendations of the Commission. SEC. 8. TERMINATION. The Commission may terminate on such date as the Commission may determine after it submits its final report pursuant to section 7(c), but not later than September 30, 2017. SEC. 9. ANNUAL AUDIT. The Inspector General of the Department of the Interior may perform an audit of the Commission, shall make the results of any audit performed available to the public, and shall transmit such results to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 10. PROHIBITION ON OBLIGATION OF FEDERAL FUNDS. No Federal funds may be obligated to carry out this Act.

John F. Kennedy Centennial Commission Act This bill establishes the John F. Kennedy Centennial Commission, which shall: plan, develop, and carry out activities to honor John F. Kennedy on the occasion of the 100th anniversary of his birth; and provide advice and assistance to federal, state, and local governmental agencies and civic groups to carry out activities to honor Kennedy on such occasion. The commission shall submit to the President and Congress annual reports on its revenue and expenditures, such interim reports as appropriate, and a final report by August 31, 2017. The commission shall terminate by September 30, 2017. The Inspector General of the Department of the Interior may perform an audit of the commission.

John F. Kennedy Centennial Commission Act

792

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boys Town Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Boys Town is a nonprofit organization dedicated to saving children and healing families, nationally headquartered in the village of Boys Town, Nebraska; (2) Father Flanagan's Boys Home, known as ``Boys Town'', was founded on December 12, 1917, by Servant of God Father Edward Flanagan; (3) Boys Town was created to serve children of all races and religions; (4) news of the work of Father Flanagan spread worldwide with the success of the 1938 movie, ``Boys Town''; (5) after World War II, President Truman asked Father Flanagan to take his message to the world, and Father Flanagan traveled the globe visiting war orphans and advising government leaders on how to care for displaced children; (6) Boys Town has grown exponentially, and now provides care to children and families across the country in 11 regions, including California, Nevada, Texas, Nebraska, Iowa, Louisiana, North Florida, Central Florida, South Florida, Washington, DC, New York, and New England; (7) the Boys Town National Hotline provides counseling to more than 150,000 callers each year; (8) the Boys Town National Research Hospital is a national leader in the field of hearing care and research of Usher Syndrome; (9) Boys Town programs impact the lives of more than 2 million children and families across America each year; and (10) December 12th, 2017, will mark the 100th anniversary of Boys Town, Nebraska. SEC. 3. COIN SPECIFICATIONS. (a) $5 Gold Coins.--The Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall mint and issue not more than 50,000 $5 coins in commemoration of the centennial of the founding of Father Flanagan's Boys Town, each of which shall-- (1) weigh 8.359 grams; (2) have a diameter of 0.850 inches; and (3) contain 90 percent gold and 10 percent alloy. (b) $1 Silver Coins.--The Secretary shall mint and issue not more than 350,000 $1 coins in commemoration of the centennial of the founding of Father Flanagan's Boys Town, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (c) Half Dollar Clad Coins.--The Secretary shall mint and issue not more than 300,000 half dollar clad coins in commemoration of the centennial of the founding of Father Flanagan's Boys Town, each of which shall-- (1) weigh 11.34 grams; (2) have a diameter of 1.205 inches; and (3) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (d) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (e) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. (b) Designation 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 ``2017''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the National Executive Director of Boys Town and the Commission of Fine Arts; and (2) reviewed by the Citizens of Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only one facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the period beginning on January 1, 2017, and ending on December 31, 2017. 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; and (2) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge 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 paid to Boys Town to carry out Boys Town's cause of caring for and assisting children and families in underserved communities across America. (c) Audits.--Boys Town 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 two 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 Federal Government; and (2) no funds, including applicable surcharges, shall be 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, 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. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on June 23, 2015. Boys Town Centennial Commemorative Coin Act (Sec. 3) Directs the Secretary of the Treasury to mint and issue up to 50,000 $5 gold coins, 350,000 $1 silver coins, and 300,000 half-dollar clad coins to commemorate the centennial of the founding of Father Flanagan's Boys Town. (Sec. 4) Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. (Sec. 5) Permits issuance of such coins only between January 1, 2017, and December 31, 2017. (Sec. 7) Subjects all coin sales to specified surcharges, which shall be paid to Boys Town to carry out its cause of caring for and assisting children and families in underserved communities across America. Prohibits any surcharge if issuance of the coin would exceed the annual commemorative coin program issuance limitation. (Sec. 8) Directs the Secretary to ensure that: (1) minting and issuing such coins will not result in any net cost to the federal government; and (2) no funds, including surcharges, will be disbursed to Boys Town until the total cost of designing and issuing all authorized coins is recovered by the Treasury.

Boys Town Centennial Commemorative Coin Act

793

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pine River Project Conveyance Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``Jurisdictional Map'' means the map entitled ``Transfer of Jurisdiction--Vallecito Reservoir, United States Department of Agriculture, Forest Service and United States Department of the Interior, Bureau of Reclamation and the Bureau of Indian Affairs'' dated March, 1998. (2) The term ``Pine River Project'' or the ``Project'' means Vallecito Dam and Reservoir owned by the United States and authorized in 1937 under the provisions of the Department of the Interior Appropriation Act of June 25, 1910, 36 Stat. 835; facilities appurtenant to the Dam and Reservoir, including equipment, buildings, and other improvements; lands adjacent to the Dam and Reservoir; easements and rights-of-way necessary for access and all required connections with the Dam and Reservoir, including those for necessary roads; and associated personal property, including contract rights and any and all ownership or property interest in water or water rights. (3) The term ``Repayment Contract'' means Repayment Contract #I1r-1204, between Reclamation and the Pine River Irrigation District, dated April 15, 1940, and amended November 30, 1953, and all amendments and additions thereto, including the Act of July 27, 1954 (68 Stat. 534), covering the Pine River Project and certain lands acquired in support of the Vallecito Dam and Reservoir pursuant to which the Pine River Irrigation District has assumed operation and maintenance responsibilities for the dam, reservoir, and water-based recreation in accordance with existing law. (4) The term ``Reclamation'' means the Department of the Interior, Bureau of Reclamation. (5) The term ``Secretary'' means the Secretary of the Interior. (6) The term ``Southern Ute Indian Tribe'' or ``Tribe'' means a federally recognized Indian tribe, located on the Southern Ute Indian Reservation, La Plata County, Colorado. (7) The term ``Pine River Irrigation District'' or ``District'' means a political division of the State of Colorado duly organized, existing, and acting pursuant to the laws thereof with its principal place of business in the City of Bayfield, La Plata County, Colorado and having an undivided \5/6\ right and interest in the use of the water made available by Vallecito Reservoir for the purpose of supplying the lands of the District, pursuant to the Repayment Contract, and the decree in Case No. 1848-B, District Court, Water Division 7, State of Colorado, as well as an undivided \5/6\ right and interest in the Pine River Project. SEC. 3. TRANSFER OF THE PINE RIVER PROJECT. (a) Conveyance.--The Secretary is authorized to convey, without consideration or compensation to the District, by quitclaim deed or patent, pursuant to section 6, the United States undivided \5/6\ right and interest in the Pine River Project under the jurisdiction of Reclamation for the benefit of the Pine River Irrigation District. No partition of the undivided \5/6\ right and interest in the Pine River Project shall be permitted from the undivided \1/6\ right and interest in the Pine River Project described in subsection (b) and any quitclaim deed or patent evidencing a transfer shall expressly prohibit partitioning. Effective on the date of the conveyance, all obligations between the District and the Bureau of Indian Affairs on the one hand and Reclamation on the other hand, under the Repayment Contract or with respect to the Pine River Project are extinguished. Upon completion of the title transfer, said Repayment Contract shall become null and void. The District shall be responsible for paying 50 percent of all costs associated with the title transfer. (b) Bureau of Indian Affairs Interest.--At the option of the Tribe, the Secretary is authorized to convey to the Tribe the Bureau of Indian Affairs' undivided \1/6\ right and interest in the Pine River Project and the water supply made available by Vallecito Reservoir pursuant to the Memorandum of Understanding between the Bureau of Reclamation and the Office of Indian Affairs dated January 3, 1940, together with its Amendment dated July 9, 1964 (`MOU'), the Repayment Contract and decrees in Case Nos. 1848-B and W-1603-76D, District Court, Water Division 7, State of Colorado. In the event of such conveyance, no consideration or compensation shall be required to be paid to the United States. (c) Federal Dam Use Charge.--Nothing in this Act shall relieve the holder of the license issued by the Federal Energy Regulatory Commission under the Federal Power Act for Vallecito Dam in effect on the date of enactment of this Act from the obligation to make payments under section 10(e)(2) of the Federal Power Act during the remaining term of the present license. At the expiration of the present license term, the Federal Energy Regulatory Commission shall adjust the charge to reflect either (1) the \1/6\ interest of the United States remaining in the Vallecito Dam after conveyance to the District; or (2) if the remaining \1/6\ interest of the United States has been conveyed to the Tribe pursuant to subsection (b), then no Federal dam charge shall be levied from the date of expiration of the present license. SEC. 4. JURISDICTIONAL TRANSFER OF LANDS. (a) Inundated Lands.--To provide for the consolidation of lands associated with the Pine River Project to be retained by the Forest Service and the consolidation of lands to be transferred to the District, the administrative jurisdiction of lands inundated by and along the shoreline of Vallecito Reservoir, as shown on the Jurisdictional Map, shall be transferred, as set forth in subsection (b) (the ``Jurisdictional Transfer''), concurrently with the conveyance described in section 3(a). Except as otherwise shown on the Jurisdictional Map-- (1) for withdrawn lands (approximately 260 acres) lying below the 7,765-foot reservoir water surface elevation level, the Forest Service shall transfer an undivided \5/6\ interest to Reclamation and an undivided \1/6\ interest to the Bureau of Indian Affairs in trust for the Tribe; and (2) for Project acquired lands (approximately 230 acres) above the 7,765-foot reservoir water surface elevation level, Reclamation and the Bureau of Indian Affairs shall transfer their interests to the Forest Service. (b) Map.--The Jurisdictional Map and legal descriptions of the lands transferred pursuant to subsection (a) shall be on file and available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture, the Commissioner of Reclamation, Department of the Interior, appropriate field offices of those agencies, and the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (c) Administration.--Following the Jurisdictional Transfer: (1) All lands that, by reason of the Jurisdictional Transfer, become National Forest System lands within the boundaries of the San Juan National Forest, shall be administered in accordance with the laws, rules, and regulations applicable to the National Forest System. (2) Reclamation withdrawals of land from the San Juan National Forest established by Secretarial Orders on November 9, 1936, October 14, 1937, and June 20, 1945, together designated as Serial No. C-28259, shall be revoked. (3) The Forest Service shall issue perpetual easements to the District and the Bureau of Indian Affairs, at no cost to the District or the Bureau of Indian Affairs, providing adequate access across all lands subject to Forest Service jurisdiction to insure the District and the Bureau of Indian Affairs the ability to continue to operate and maintain the Pine River Project. (4) The undivided \5/6\ interest in National Forest System lands that, by reason of the Jurisdictional Transfer is to be administered by Reclamation, shall be conveyed to the District pursuant to section 3(a). (5) The District and the Bureau of Indian Affairs shall issue perpetual easements to the Forest Service, at no cost to the Forest Service, from National Forest System lands to Vallecito Reservoir to assure continued public access to Vallecito Reservoir when the Reservoir level drops below the 7,665-foot water surface elevation. (6) The District and the Bureau of Indian Affairs shall issue a perpetual easement to the Forest Service, at no cost to the Forest Service, for the reconstruction, maintenance, and operation of a road from La Plata County Road No. 501 to National Forest System lands east of the Reservoir. (d) Valid Existing Rights.--Nothing in this Act shall affect any valid existing rights or interests in any existing land use authorization, except that any such land use authorization shall be administered by the agency having jurisdiction over the land after the Jurisdictional Transfer in accordance with subsection (c) and other applicable law. Renewal or reissuance of any such authorization shall be in accordance with applicable law and the regulations of the agency having jurisdiction, except that the change of administrative jurisdiction shall not in itself constitute a ground to deny the renewal or reissuance of any such authorization. SEC. 5. LIABILITY. Effective on the date of the conveyance of the remaining undivided \1/6\ right and interest in the Pine River Project to the Tribe pursuant to subsection 3(b), the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to such Project, except for damages caused by acts of negligence committed by the United States or by its employees, agents, or contractors prior to the date of conveyance. Nothing in this section shall be deemed to increase the liability of the United States beyond that currently provided in the Federal Tort Claims Act (28 U.S.C. 2671 et seq.). SEC. 6. COMPLETION OF CONVEYANCE. (a) In General.--The Secretary's completion of the conveyance under section 3 shall not occur until the following events have been completed: (1) Compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other applicable Federal and State laws. (2) The submission of a written statement from the Southern Ute Indian Tribe to the Secretary indicating the Tribe's satisfaction that the Tribe's Indian Trust Assets are protected in the conveyance described in section 3. (3) Execution of an agreement acceptable to the Secretary which limits the future liability of the United States relative to the operation of the Project. (4) The submission of a statement by the Secretary to the District, the Bureau of Indian Affairs, and the State of Colorado on the existing condition of Vallecito Dam based on Bureau of Reclamation's current knowledge and understanding. (5) The development of an agreement between the Bureau of Indian Affairs and the District to prescribe the District's obligation to so operate the Project that the \1/6\ rights and interests to the Project and water supply made available by Vallecito Reservoir held by the Bureau of Indian Affairs are protected. Such agreement shall supercede the Memorandum of Agreement referred to in section 3(b) of this Act. (6) The submission of a plan by the District to manage the Project in a manner substantially similar to the manner in which it was managed prior to the transfer and in accordance with applicable Federal and State laws, including management for the preservation of public access and recreational values and for the prevention of growth on certain lands to be conveyed hereunder, as set forth in an Agreement dated March 20, 1998, between the District and residents of Vallecito Reservoir. Any future change in the use of the water supplied by Vallecito Reservoir shall comply with applicable law. (7) The development of a flood control plan by the Secretary of the Army acting through the Corps of Engineers which shall direct the District in the operation of Vallecito Dam for such purposes. (b) Report.--If the transfer authorized in section 3 is not substantially completed within 18 months from the date of enactment of this Act, the Secretary, in coordination with the District, shall promptly provide a report to the Committee on Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate on the status of the transfer described in section 3(a), any obstacles to completion of such transfer, and the anticipated date for such transfer. (c) Future Benefits.--Effective upon transfer, the District shall not be entitled to receive any further Reclamation benefits attributable to its status as a Reclamation project pursuant to the Reclamation Act of June 17, 1902, and Acts supplementary thereto or amendatory thereof. Passed the Senate October 7 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.

Pine River Project Conveyance Act - Authorizes the Secretary of the Interior to convey to the Pine River Irrigation District, Colorado, a specified interest of the Pine River Project (a water facilities project which includes the Vallecito Dam and Reservoir in Colorado, along with related easements and appurtenances). Extinguishes upon the conveyance date all current obligations between the District and: (1) the Bureau of Indian Affairs; and (2) the Bureau of Land Management. Requires the District to pay 50 percent of all title transfer costs. Authorizes the Secretary to convey a remaining fractional interest in such Project to the Southern Ute Indian Tribe of Colorado, pursuant to a specified memorandum of understanding. Provides for: (1) the transfer of certain inundated lands along the Dam and Reservoir; and (2) appropriate administrative jurisdiction over such lands after such transfer. Prohibits such conveyance until the completion of specified events, including compliance with applicable environmental laws, issuance of a statement by the Ute Tribe to the Secretary that their trust assets have been protected, execution of an agreement acceptable to the Secretary which limits the future liability of the United States relative to the operation of the Project, and development of a flood control plan by the Secretary of the Army which shall direct the District in the operation of the Vallecito Dam for such purpose. Directs the Secretary, if the transfer is not substantially completed within 18 months from the enactment of this Act, to report to specified congressional committees on the transfer's status, obstacles, and anticipated completion date.

Pine River Project Conveyance Act

794

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Employee Wellness Programs Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Congress has a strong tradition of protecting and preserving employee workplace wellness programs, including programs that utilize a health risk assessment, biometric screening, or other resources to inform and empower employees in making healthier lifestyle choices; (2) health promotion and prevention programs are a means to reduce the burden of chronic illness, improve health, and limit the growth of health care costs; (3) in enacting the Patient Protection and Affordable Care Act (Public Law 111-148), Congress intended that employers would be permitted to implement health promotion and prevention programs that provide incentives, rewards, rebates, surcharges, penalties, or other inducements related to wellness programs, including rewards of up to 50 percent off of insurance premiums for employees participating in programs designed to encourage healthier lifestyle choices; and (4) Congress has struck an appropriate balance among employees, health care providers, and wellness plan sponsors to protect individual privacy and confidentiality in a wellness program which is designed to improve health outcomes. SEC. 3. NONDISCRIMINATORY EMPLOYEE WELLNESS PROGRAMS. (a) Offering of Program Rewards.-- (1) In general.--Notwithstanding any other provision of law, workplace wellness programs, or programs of health promotion or disease prevention offered by an employer or in conjunction with an employer-sponsored health plan, described in section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg-4(j)), shall not violate the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or title I or II of the Genetic Information Nondiscrimination Act of 2008 (Public Law 110-233) because such program provides any amount or type of reward (as provided for in section 2705(j)(3)(A) of the Public Health Service Act (42 U.S.C. 300 gg-4(j)(3)(A))) to program participants if such program complies with such section 2705(j) (or any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury). (2) Application of subsection.--With respect to workplace wellness programs, or programs of health promotion or disease prevention offered by an employer or in conjunction with an employer-sponsored health plan, described in section 2705(j)(1)(B) or section 2705(j)(2) of the Public Health Service Act (42 U.S.C. 300gg-4(j)(1)(B) or (j)(2)), this subsection shall apply if the reward with respect to such programs is less than or equal to the maximum reward amounts provided for by section 2705(j)(3)(A) of such Act (42 U.S.C. 300gg-4(j)(3)(A)) (or any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury). (b) Collection of Information.--Notwithstanding any other provision of law, the collection of information about the manifested disease or disorder of a family member shall not be considered an unlawful acquisition of genetic information with respect to another family member participating in workplace wellness programs, or programs of health promotion or disease prevention offered by an employer or in conjunction with an employer-sponsored health plan, described in section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg- 4(j)), and shall not violate title I or title II of the Genetic Information Nondiscrimination Act of 2008 (Public Law 110-233). For purposes of the preceding sentence, the terms ``family members'' and ``manifestation'' shall have the meanings given such terms for purposes of title I or II of the Genetic Information Nondiscrimination Act (Public Law 110-233), or the amendments made by such titles, as appropriate. (c) Rules of Construction.-- (1) Relating to the ada.--Nothing in this Act shall be construed to limit or otherwise restrict the application of section 501(c)(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201(c)(2)) to any programs or arrangements described in this Act. (2) Relating to employer deadlines.--Nothing in the regulations referred to in subsection (a) shall be construed to prevent an employer that is offering a wellness program to an employee from establishing a deadline of up to 180 days for employees to request and complete a reasonable alternative standard (or waiver of the otherwise applicable standard). A reasonable alternative standard (or waiver of the otherwise applicable standard) is provided for in section 2705(j)(3)(D) of the Public Health Service Act (42 U.S.C. 300 gg-4(j)(3)(D)) (or any regulations promulgated with respect to such section by the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury). SEC. 4. EFFECTIVE DATE. This Act shall take effect as if enacted on March 23, 2010, and shall apply to the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and the Genetic Information Nondiscrimination Act of 2008 (Public Law 110-233), including the amendments made by such Acts.

Preserving Employee Wellness Programs Act This bill declares that a workplace wellness program, by offering a reward to participants, does not violate the Americans with Disabilities Act of 1990 or title I or II of the Genetic Information Nondiscrimination Act of 2008 if the program complies with Public Health Service Act requirements. Collection of information about a family member's manifested disease or disorder is not considered an unlawful acquisition of genetic information with respect to another family member participating in a workplace wellness program. This bill takes effect as if enacted on March 23, 2010.

Preserving Employee Wellness Programs Act

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SECTION 1. SHORT TITLE. This Act may be cited as the ``High-Performance Computing Revitalization Act of 2004''. SEC. 2. DEFINITIONS. Section 4 of the High-Performance Computing Act of 1991 (15 U.S.C. 5503) is amended-- (1) in paragraph (2), by inserting ``and multidisciplinary teams of researchers'' after ``high-performance computing resources''; (2) in paragraph (3)-- (A) by striking ``scientific workstations,''; (B) by striking ``(including vector supercomputers and large scale parallel systems)''; (C) by striking ``and applications'' and inserting ``applications''; and (D) by inserting ``, and the management of large data sets'' after ``systems software''; (3) in paragraph (4), by striking ``packet switched''; and (4) by amending paragraphs (5) and (6) to read as follows: ``(5) `Program' means the High-Performance Computing Research and Development Program described in section 101; and ``(6) `Program Component Areas' means the major subject areas under which are grouped related individual projects and activities carried out under the Program.''. SEC. 3. HIGH-PERFORMANCE COMPUTING RESEARCH AND DEVELOPMENT PROGRAM. Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended-- (1) in the title heading, by striking ``AND THE NATIONAL RESEARCH AND EDUCATION NETWORK'' and inserting ``RESEARCH AND DEVELOPMENT''; (2) in section 101-- (A) the section heading, by striking ``national high-performance computing'' and inserting ``high- performance computing research and development''; (B) in subsection (a)-- (i) in the subsection heading, by striking ``National High-performance Computing'' and inserting ``High-performance Computing Research and Development''; (ii) by striking paragraphs (1) and (2) and inserting the following: ``(1) The President shall implement a High-Performance Computing Research and Development Program, which shall-- ``(A) provide for long-term basic and applied research on high-performance computing; ``(B) provide for research and development on, and demonstration of, technologies to advance the capacity and capabilities of high-performance computing and networking systems; ``(C) provide for sustained access by the research community in the United States to high-performance computing systems that are among the most advanced in the world in terms of performance in solving scientific and engineering problems, including provision for technical support for users of such systems; ``(D) provide for efforts to increase software availability, productivity, capability, security, portability, and reliability; ``(E) provide for high-performance networks, including experimental testbed networks, to enable research and development on, and demonstration of, advanced applications enabled by such networks; ``(F) provide for computational science and engineering research on mathematical modeling and algorithms for applications in all fields of science and engineering; ``(G) provide for the technical support of, and research and development on, high-performance computing systems and software required to address Grand Challenges; ``(H) provide for educating and training additional undergraduate and graduate students in software engineering, computer science, computer and network security, applied mathematics, library and information science, and computational science; and ``(I) provide for improving the security of computing and networking systems, including Federal systems, including research required to establish security standards and practices for these systems.''; (iii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (iv) in paragraph (2), as so redesignated by clause (iii) of this subparagraph-- (I) by striking subparagraph (B); (II) by redesignating subparagraphs (A) and (C) as subparagraphs (D) and (F), respectively; (III) by inserting before subparagraph (D), as so redesignated by subclause (II) of this clause, the following new subparagraphs: ``(A) establish the goals and priorities for Federal high- performance computing research, development, networking, and other activities; ``(B) establish Program Component Areas that implement the goals established under subparagraph (A), and identify the Grand Challenges that the Program should address; ``(C) provide for interagency coordination of Federal high- performance computing research, development, networking, and other activities undertaken pursuant to the Program;''; and (IV) by inserting after subparagraph (D), as so redesignated by subclause (II) of this clause, the following new subparagraph: ``(E) develop and maintain a research, development, and deployment roadmap for the provision of high-performance computing systems under paragraph (1)(C); and''; and (v) in paragraph (3), as so redesignated by clause (iii) of this subparagraph-- (I) by striking ``paragraph (3)(A)'' and inserting ``paragraph (2)(D)''; (II) by amending subparagraph (A) to read as follows: ``(A) provide a detailed description of the Program Component Areas, including a description of any changes in the definition of or activities under the Program Component Areas from the preceding report, and the reasons for such changes, and a description of Grand Challenges supported under the Program;''; (III) in subparagraph (C), by striking ``specific activities'' and all that follows through ``the Network'' and inserting ``each Program Component Area''; (IV) in subparagraph (D), by inserting ``and for each Program Component Area'' after ``participating in the Program''; (V) in subparagraph (D), by striking ``applies;'' and inserting ``applies; and''; (VI) by striking subparagraph (E) and redesignating subparagraph (F) as subparagraph (E); and (VII) in subparagraph (E), as so redesignated by subclause (VI) of this clause, by inserting ``and the extent to which the Program incorporates the recommendations of the advisory committee established under subsection (b)'' after ``for the Program''; (C) in subsection (b)-- (i) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (ii) by inserting ``(1)'' after ``Advisory Committee.--''; (iii) in paragraph (1)(C), as so redesignated by clauses (i) and (ii) of this subparagraph, by inserting ``, including funding levels for the Program Component Areas'' after ``of the Program''; (iv) in paragraph (1)(D), as so redesignated by clauses (i) and (ii) of this subparagraph, by striking ``computing'' and inserting ``high-performance computing and networking''; and (v) by adding at the end the following new paragraph: ``(2) In addition to the duties outlined in paragraph (1), the advisory committee shall conduct periodic evaluations of the funding, management, coordination, implementation, and activities of the Program, and shall report not less frequently than once every two fiscal years to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on its findings and recommendations. The first report shall be due within one year after the date of enactment of this paragraph.''; and (D) in subsection (c)(1)(A), by striking ``Program or'' and inserting ``Program Component Areas or''; and (3) by striking sections 102 and 103. SEC. 4. AGENCY ACTIVITIES. Title II of the High-Performance Computing Act of 1991 (15 U.S.C. 5521 et seq.) is amended-- (1) by amending subsection (a) of section 201 to read as follows: ``(a) General Responsibilities.--As part of the Program described in title I, the National Science Foundation shall-- ``(1) support research and development to generate fundamental scientific and technical knowledge with the potential of advancing high-performance computing and networking systems and their applications; ``(2) provide computing and networking infrastructure support to the research community in the United States, including the provision of high-performance computing systems that are among the most advanced in the world in terms of performance in solving scientific and engineering problems, and including support for advanced software and applications development, for all science and engineering disciplines; and ``(3) support basic research and education in all aspects of high-performance computing and networking.''; (2) by amending subsection (a) of section 202 to read as follows: ``(a) General Responsibilities.--As part of the Program described in title I, the National Aeronautics and Space Administration shall conduct basic and applied research in high-performance computing and networking, with emphasis on-- ``(1) computational fluid dynamics, computational thermal dynamics, and computational aerodynamics; ``(2) scientific data dissemination and tools to enable data to be fully analyzed and combined from multiple sources and sensors; ``(3) remote exploration and experimentation; and ``(4) tools for collaboration in system design, analysis, and testing.''; (3) in section 203-- (A) by striking subsections (a) through (d) and inserting the following: ``(a) General Responsibilities.--As part of the Program described in title I, the Secretary of Energy shall-- ``(1) conduct and support basic and applied research in high-performance computing and networking to support fundamental research in science and engineering disciplines related to energy applications; and ``(2) provide computing and networking infrastructure support, including the provision of high-performance computing systems that are among the most advanced in the world in terms of performance in solving scientific and engineering problems, and including support for advanced software and applications development, for science and engineering disciplines related to energy applications.''; and (B) by redesignating subsection (e) as subsection (b); (4) by amending subsection (a) of section 204 to read as follows: ``(a) General Responsibilities.--As part of the Program described in title I-- ``(1) the National Institute of Standards and Technology shall-- ``(A) conduct basic and applied metrology research needed to support high-performance computing and networking systems; ``(B) develop benchmark tests and standards for high-performance computing and networking systems and software; ``(C) develop and propose voluntary standards and guidelines, and develop measurement techniques and test methods, for the interoperability of high-performance computing systems in networks and for common user interfaces to high-performance computing and networking systems; and ``(D) work with industry and others to develop, and facilitate the implementation of, high-performance computing applications to solve science and engineering problems that are relevant to industry; and ``(2) the National Oceanic and Atmospheric Administration shall conduct basic and applied research on high-performance computing applications, with emphasis on-- ``(A) improving weather forecasting and climate prediction; ``(B) collection, analysis, and dissemination of environmental information; and ``(C) development of more accurate models of the ocean-atmosphere system.''; and (5) by amending subsection (a) of section 205 to read as follows: ``(a) General Responsibilities.--As part of the Program described in title I, the Environmental Protection Agency shall conduct basic and applied research directed toward advancement and dissemination of computational techniques and software tools for high-performance computing systems with an emphasis on modeling to-- ``(1) develop robust decision support tools; ``(2) predict pollutant transport and the effects of pollutants on humans and on ecosystems; and ``(3) better understand atmospheric dynamics and chemistry.''. SEC. 5. SOCIETAL IMPLICATIONS OF INFORMATION TECHNOLOGY. In carrying out its programs on the social, economic, legal, ethical, and cultural implications of information technology, the National Science Foundation shall support research into the implications of computers (including both hardware and software) that would be capable of mimicking human abilities to learn, reason, and make decisions. SEC. 6. ASTRONOMY AND ASTROPHYSICS ADVISORY COMMITTEE. (a) Amendments.--Section 23 of the National Science Foundation Authorization Act of 2002 (42 U.S.C. 1862n-9) is amended-- (1) by striking ``and the National Aeronautics and Space Administration'' each place it appears in subsections (a) and (b) and inserting ``, the National Aeronautics and Space Administration, and the Department of Energy''; (2) in subsection (b)(3), by inserting ``the Secretary of Energy,'' after ``the Administrator of the National Aeronautics and Space Administration,''; (3) in subsection (c)-- (A) by striking ``5'' in each of paragraphs (1) and (2) and inserting ``4''; (B) by striking ``and'' at the end of paragraph (2); (C) by redesignating paragraph (3) as paragraph (4), and in that paragraph by striking ``3'' and inserting ``2''; and (D) by inserting after paragraph (2) the following new paragraph: ``(3) 3 members selected by the Secretary of Energy; and''; and (4) in subsection (f), by striking ``the advisory bodies of other Federal agencies, such as the Department of Energy, which may engage in related research activities'' and inserting ``other Federal advisory committees that advise Federal agencies which engage in related research activities''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on March 15, 2005. SEC. 7. REMOVAL OF SUNSET PROVISION FROM SAVINGS IN CONSTRUCTION ACT OF 1996. Section 14(e) of the Metric Conversion Act of 1975 (15 U.S.C. 205l(e)) is repealed. Passed the House of Representatives July 7, 2004. Attest: JEFF TRANDAHL, Clerk.

High-Performance Computing Revitalization Act of 2004 - Amends the High-Performance Computing Act of 1991 to direct the President to implement a High-Performance Computing Research and Development Program (current law provides for a National High-Performance Computing Program) and revise program requirements. Requires the Director of the Office of Science and Technology Policy to: (1) establish the goals and priorities for Federal high-performance computing research, development, networking, and other activities; (2) establish Program Component Areas that implement such goals and identify the Grand Challenges (i.e., fundamental problems in science or engineering, with broad economic and scientific impact, whose solutions will require the application of high-performance computing resources) that the Program should address; and (3) develop and maintain a research, development, and deployment road map for the provision of high-performance computing systems. Eliminates the requirement that the Director provide for interagency coordination of the Program. Revises requirements for annual reports by requiring that such reports: (1) describe Program Component Areas, including any changes in the definition of or activities under such Areas and the reasons for such changes, and describe Grand Challenges supported under the Program; (2) describe the levels of Federal funding and the levels proposed for each Program Component Area; (3) describe the levels of Federal funding for each agency and department participating in the Program for each such Area; and (4) include an analysis of the extent to which the Program incorporates the recommendations of the advisory committee on high-performance computing. Eliminates the requirement that such reports include reports from the Secretary of Energy on Department of Energy activities taken to carry out the National High-Performance Computing Program. Requires such advisory committee to: (1) provide the Director with an independent assessment of the balance between components of the Program, including funding levels for the Program Component Areas and whether the research and development undertaken pursuant to the Program is helping to maintain U.S. leadership in high-performance computing and networking; and (2) conduct periodic evaluations of the funding, management, coordination, implementation, and activities of the Program, and report at least once every two fiscal years to specified congressional committees. Requires the Office of Management and Budget to identify each element of its high-performance computing activities which contributes directly to the Program Component Areas or benefits from the Program. Repeals requirements under the Act for the National Research and Education Network and the Next Generation Internet. Modifies provisions regarding responsibilities of the National Science Foundation, the National Aeronautics and Space Administration, the Secretary of Energy, the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, and the Environmental Protection Agency.

To amend the High-Performance Computing Act of 1991.

796

SECTION 1. SHORT TITLE. This Act may be cited as the ``Make College Affordable Act of 1999''. SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Deduction Allowed.--Section 221 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 221. HIGHER EDUCATION EXPENSES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to-- ``(1) the qualified higher education expenses, and ``(2) interest on qualified higher education loans, paid by the taxpayer during the taxable year. ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount which would (but for this subsection) be taken into account under subsection (a) shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $65,000 ($95,000 in the case of a joint return), bears to ``(B) $20,000. ``(3) Modified adjusted gross income.--For purposes of this subsection, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined-- ``(A) without regard to this section and sections 911, 931, and 933, and ``(B) after the application of sections 86, 135, 219, 220, and 469. For purposes of the sections referred to in subparagraph (B), adjusted gross income shall be determined without regard to the deduction allowed under this section. ``(4) Inflation adjustments.-- ``(A) In general.--In the case of a taxable year beginning after 2000, the $65,000 and $95,000 amounts described in paragraph (2) shall each 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 1999' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000. ``(c) Qualified Higher Education Expenses.--For purposes of this section-- ``(1) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means-- ``(i) tuition and fees charged by an educational institution and required for the enrollment or attendance of-- ``(I) the taxpayer, ``(II) the taxpayer's spouse, ``(III) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, or ``(IV) any grandchild of the taxpayer, as an eligible student at an institution of higher education, and ``(ii) reasonable living expenses for such an individual while away from home and attending such institution. ``(B) Eligible courses.--Amounts paid for qualified higher education expenses of any individual shall be taken into account under subsection (a) only to the extent such expenses-- ``(i) are attributable to courses of instruction for which credit is allowed toward a baccalaureate degree by an institution of higher education or toward a certificate of required course work at a vocational school, and ``(ii) are not attributable to any graduate program of such individual. ``(C) Exception for nonacademic fees.--Such term does not include any student activity fees, athletic fees, insurance expenses, or other expenses unrelated to a student's academic course of instruction. ``(D) Eligible student.--For purposes of subparagraph (A), the term `eligible student' means a student who-- ``(i) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(ii) is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the institution of higher education. ``(E) Identification requirement.--No deduction shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes the name, age, and taxpayer identification number of such eligible student on the return of tax for the taxable year. ``(2) Institution of higher education.--The term `institution of higher education' means an institution which-- ``(A) is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this section, and ``(B) is eligible to participate in programs under title IV of such Act. ``(d) Qualified Higher Education Loan.--For purposes of this section-- ``(1) In general.--The term `qualified higher education loan' means a loan which is-- ``(A) made, insured, or guaranteed by the Federal Government, ``(B) made by a State or a political subdivision of a State, ``(C) made from the proceeds of a qualified student loan bond under section 144(b), or ``(D) made by an institution of higher education (as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))). ``(2) Limitation.--The amount of interest on a qualified higher education loan which is taken into account under subsection (a)(2) shall not exceed the amount which bears the same ratio to such amount of interest as-- ``(A) the proceeds from such loan used for qualified higher education expenses, bears to ``(B) the total proceeds from such loan. For purposes of the preceding sentence, the term `qualified higher education expenses' shall be determined without regard to subsection (c)(1)(A)(i)(IV). ``(e) Special Rules.-- ``(1) No double benefit.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for any expense for which a deduction is allowable to the taxpayer under any other provision of this chapter unless the taxpayer irrevocably waives his right to the deduction of such expense under such other provision. ``(B) Denial of deduction if credit elected.--No deduction shall be allowed under subsection (a) for a taxable year with respect to the qualified higher education expenses of an individual if the taxpayer elects to have section 25A apply with respect to such individual for such year. ``(C) Dependents.--No deduction shall be allowed under subsection (a) to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(D) Coordination with exclusions.--A deduction shall be allowed under subsection (a) for qualified higher education expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135 or 530(d)(2) for the taxable year. ``(2) Limitation on taxable year of deduction.-- ``(A) In general.--A deduction shall be allowed under subsection (a) for qualified higher education expenses for any taxable year only to the extent such expenses are in connection with enrollment at an institution of higher education during the taxable year. ``(B) Certain prepayments allowed.--Subparagraph (A) shall not apply to qualified higher education expenses paid during a taxable year if such expenses are in connection with an academic term beginning during such taxable year or during the first 3 months of the next taxable year. ``(3) Adjustment for certain scholarships and veterans benefits.--The amount of qualified higher education expenses otherwise taken into account under subsection (a) or (d)(2) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as-- ``(A) a qualified scholarship which under section 117 is not includable in gross income, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for educational expenses, or attributable to enrollment at an eligible educational institution, which is exempt from income taxation by any law of the United States. ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(5) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(6) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring recordkeeping and information reporting.'' (b) Deduction Allowed in Computing Adjusted Gross Income.-- Paragraph (17) of section 62(a) of such Code is amended to read as follows: ``(17) Higher education expenses.--The deduction allowed by section 221.'' (c) Conforming Amendments.-- (1) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 221 and inserting the following new item: ``Sec. 221. Higher education expenses.'' (2) Section 6050S(e) of such Code is amended by striking ``section 221(e)(1)'' and inserting ``section 221(d)(1)''. (d) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 1998.

Make College Affordable Act of 1999 - Amends the Internal Revenue Code to allow the deduction of qualified higher education expenses and interest on qualified higher education loans. Limits such deduction based on modified adjusted gross income.

Make College Affordable Act of 1999

797

SECTION 1. SHORT TITLE. This Act may be cited as the ``Uniformed Services Medicare Subvention Demonstration Project Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Medicare-eligible covered military beneficiary.--The term ``medicare-eligible covered military beneficiary'' means a beneficiary under chapter 55 of title 10, United States Code, including a beneficiary under section 1074(a) of such title, who is entitled to benefits under part A of title XVII of the Social Security Act (42 U.S.C. 1395 et seq.). (2) TRICARE program.--The term ``TRICARE program'' means the managed health care program that is established by the Secretary of Defense under the authority of chapter 55 of title 10, United States Code, principally section 1097 of such title, and includes the competitive selection of contractors to financially underwrite the delivery of health care services under the Civilian Health and Medical Program of the Uniformed Services. (3) Military treatment facility.--The term ``military treatment facility'' means a facility referred to in section 1074(a) of title 10, United States Code. SEC. 3. ESTABLISHMENT. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Health and Human Services shall jointly establish a demonstration project to provide the Department of Defense with reimbursement, in accordance with section 4, from the medicare program under title XVII of the Social Security Act (42 U.S.C. 1395 et seq.) for health services provided to certain medicare-eligible covered military beneficiaries. (b) Geographic Regions.--The demonstration project established under this section shall be conducted in one or more geographic regions in which the TRICARE program has been implemented. (c) Duration.--The demonstration project established under this section shall be conducted for a period not to exceed 2 years. (d) Reporting.-- (1) In general.-- (A) First annual report.--Not later than 15 months after the demonstration project under this section has been established, the Secretary of Defense and the Secretary of Health and Human Services shall jointly submit to Congress a report including the information described in paragraph (2). (B) Final report.--Not later than 90 days after the termination of the demonstration project, the Secretary shall jointly submit to Congress a final report including the information described in paragraph (2). (2) Information described.--The information described in this paragraph includes the following: (A) The number of medicare-eligible covered military beneficiaries opting to participate in the demonstration project established under this section instead of receiving health benefits through another health insurance plan (including through the medicare program). (B) Whether, and in what manner, easier access to the military treatment system affects the number of medicare-eligible covered military beneficiaries receiving health benefits under the medicare program. (C) A list of the health insurance plans and programs that were the primary payers for medicare- eligible covered military beneficiaries during the year prior to such beneficiary's participation in the demonstration project and the distribution of enrollment of such beneficiaries in such plans and programs. (D) The total number of medicare-eligible covered military beneficiaries who participated in the project during the preceding year and the number of such beneficiaries who were entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and were not enrolled under part B of such title. (E) An identification of cost-shifting (if any) among medical care programs as a result of the demonstration project and a description of the nature of any such cost-shifting. (F) An analysis of how the demonstration project affects the overall accessibility of the military treatment system and the amount of space available for point-of-service care and a description of the unintended effects (if any) upon the normal treatment priority system. (G) A description of the difficulties (if any) experienced by the Department of Defense in managing the demonstration project. (H) A description of the effects of the demonstration project on military treatment facility readiness and training and the probable effects of the project on overall Department of Defense medical readiness and training. (I) A description of the effects that the demonstration project, if permanent, would be expected to have on the overall budget of the military health care system and the budgets of individual military treatment facilities. (J) Whether the demonstration project affects the cost to the Department of Defense of prescription drugs or the accessibility, availability, and cost of such drugs to program beneficiaries. SEC. 4. REIMBURSEMENT AMOUNTS. (a) Payment to Department of Defense.--The Secretary of Health and Human Services shall make monthly payments to the Department of Defense from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (allocated between each Trust Fund in an amount to be determined by the Secretary of Health and Human Services based on the relative weight that benefits from each Trust Fund contribute to the amounts determined under this subsection) in an amount equal to the sum of-- (1) the payments determined under subsection (b) with respect to medicare-eligible covered military beneficiaries who are enrolled in the TRICARE program; and (2) the payments determined under subsection (c) with respect to such beneficiaries who are not enrolled in the TRICARE program. (b) TRICARE Payments.-- (1) In general.--The amount of payment determined under this subsection is an amount equal to \1/12\ of the amount determined under paragraph (2) for each medicare-eligible covered military beneficiary enrolled during the year in the TRICARE program in a geographic region in which the demonstration project is in operation, but only if such beneficiary's enrollment is in excess of the minimum enrollment number determined under subsection (d)(1)(A) for such geographic region. (2) Amount determined.--The amount determined under this paragraph is an amount equal to-- (A) in the case of an individual entitled to benefits under part A and enrolled under part B of title XVIII of the Social Security Act, 93 percent of the average adjusted per capita cost determined under section 1876(a)(4) of the Social Security Act (42 U.S.C. 1395mm(a)(4)) for such year; or (B) in the case of an individual entitled to benefits under part A and not enrolled under part B of such title, an amount equal to the amount determined under subparagraph (A) attributable to services covered by and expenses otherwise reimbursable under part A of such title only. (c) Treatment at a Military Treatment Facility.--The amount of payment determined under this subsection is an amount equal to the sum of the Secretary's estimates of the amounts determined for each health service (using a DRG equivalent and fee schedule equivalent scale developed by the Secretary of Health and Human Services) provided during the month for which the payment is made under subsection (a) to each medicare-eligible covered military beneficiary (other than a beneficiary who is enrolled in the TRICARE program) in a military treatment facility located in a geographic region in which the demonstration project is in operation, but only if such level is in excess of \1/12\ of the minimum level of health services described under subsection (d)(1)(B) for such geographic region. (d) Establishment of Base Level of Coverage.-- (1) In general.--Prior to the establishment of the demonstration project under this Act and subject to paragraph (2), the Secretary of Defense and the Secretary of Health and Human Services shall jointly estimate, based on the best available data-- (A) a minimum enrollment number of medicare- eligible covered military beneficiaries who are required to enroll in the TRICARE program during a year in each geographic region in which the demonstration project is in operation before the Department of Defense may receive payment under subsection (a)(1); and (B) a minimum level of health services (using a DRG equivalent and fee schedule equivalent scale developed by the Secretary of Health and Human Services) provided to medicare-eligible covered military beneficiaries (other than beneficiaries enrolled in the TRICARE program) during a year through a military treatment facility in each geographic region in which the demonstration project is in operation before the Department of Defense may receive payment under subsection (a)(2). (2) Determination of baseline costs.--The Secretary of Defense and the Secretary of Health and Human Services shall establish the minimum enrollment number under paragraph (1)(A) and the minimum level of health services under paragraph (1)(B) such that the projected expenditures by the Department of Defense for such number of medicare-eligible covered military beneficiaries and such level of services provided to such beneficiaries by the Department of Defense is equivalent to the projected expenditures that would have been made by the Department for such beneficiaries if the demonstration project under this Act had not been established. (3) Upper reimbursement limits.--The Secretary of Defense and the Secretary of Health and Human Services shall jointly establish a maximum number of medicare-eligible covered military beneficiaries and maximum level of health services for which payment may be made by the Secretary of Health and Human services under subsection (a). (e) TRICARE Program Enrollment Fee Waiver.--The Secretary of Defense shall waive the enrollment fee applicable to any individual enrolled in the TRICARE program for whom reimbursement in the amount determined under subsection (b)(2)(A) is received under subsection (b)(1). SEC. 5. MEDICARE SUBVENTION FUND. (a) Establishment.--There is hereby established in the Treasury of the United States a revolving fund known as the Medicare Subvention Fund (hereafter in this section referred to as the ``Fund''). (b) Use of Funds.--The Fund shall be available to the Secretary of Defense, as so provided in appropriations Acts from funds otherwise appropriated to the Department of Defense, and without fiscal year limitation-- (1) to make payments to the Secretary of Health and Human Services for deposit into the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund in order to reimburse such Funds for additional costs to such Trust Funds resulting from the operation of the demonstration project established under this Act; (2) to provide for the participation of medicare-eligible covered military beneficiaries in excess of the maximum enrollment number and maximum level of health services established under section 4(d)(1); (3) to provide for payment of administrative expenses associated with the demonstration project established under this Act; and (4) if amounts are available in the Fund after expenditures are made under paragraphs (1) through (3), for any other lawful purpose for which the Secretary of Defense may expend funds. (c) No Funds Available.--The Secretary of Defense may, if inadequate amounts are available in the Fund, limit the enrollment of medicare-eligible covered military beneficiaries in the demonstration project established under this Act. (d) Authorization of Appropriations.--For each of fiscal years 1997 and 1998, there are authorized to be appropriated from funds otherwise appropriated to the Department of Defense, for deposit in the Fund such sums as may be necessary to carry out the purposes described in paragraphs (1) through (3) of subsection (c). Any amounts appropriated in accordance with this subsection shall not be taken into account in establishing appropriations levels for the Department of Defense health affairs budget.

Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided to Medicare-eligible covered military beneficiaries who participate in the project and receive such services through the managed care option of the TRICARE program (a DOD managed health care program). Requires the project to be conducted during the three-year period beginning on January 1, 1997, in two or more regions in which the TRICARE program has been implemented. Requires inclusion in the project of a provision for expansion to incorporate health care services provided to such beneficiaries under the fee-for-services options of the TRICARE program if the Secretaries determine that such expansion is feasible and advisable. Requires the Secretaries to submit to the Congress an interim and final report on project participants and on the project's effects on military medical care access, readiness, and training. Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretaries to: (1) establish minimum and maximum project enrollment levels; and (2) determine baseline costs of such care and coverage. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project. Requires the Comptroller General, for each project year, to submit to the Secretaries and the Congress a report on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the project. Directs the Secretaries to modify the project at the end of each year to correct for any discrepancy between cost targets and actual spending under the project.

Uniformed Services Medicare Subvention Demonstration Project Act

798

OF COMPLAINT. If, after a formal complaint is filed under section 10, the employee and the head of the employing office resolve the issues involved, the employee may withdraw the complaint or the parties may enter into a written agreement, subject to the approval of the executive director. SEC. 14. PROHIBITION OF INTIMIDATION. Any intimidation of, or reprisal against, any employee by any Member of the House of Representatives, Senator, or officer or employee of the House of Representatives or Senate, by the Architect of the Capitol or anyone employed by the Architect of the Capitol, or by an instrumentality of the legislative branch of the Federal Government because of the exercise of a right under this Act constitutes an unlawful employment practice, which may be remedied in the same manner under this Act as is a violation of a law made applicable to the legislative branch of the Federal Government under section 5. SEC. 15. CONFIDENTIALITY. (a) Counseling.--All counseling shall be strictly confidential except that the Office and the employee may agree to notify the head of the employing office of the allegations. (b) Mediation.--All mediation shall be strictly confidential. (c) Hearings.--Except as provided in subsections (d) and (e), the hearings and deliberations of the hearing board shall be confidential. (d) Release of Records for Judicial Action.--The records of hearing boards may be made public if required for the purpose of judicial action under section 9. (e) Access by Committees of Congress.--At the discretion of the executive director, the executive director may provide to the Committee on Standards of Official Conduct of the House of Representatives and the Select Committee on Ethics of the Senate access to the records of the hearings and decisions of the hearing boards, including all written and oral testimony in the possession of the hearing boards, concerning a decision under section 10(g). The executive director shall not provide such access until the executive director has consulted with the individual filing the complaint at issue in the hearing, and until the hearing board has issued the decision. (f) Coordination.--The executive director shall coordinate the proceedings with the Committee on Standards and Official Conduct of the House of Representatives and the Select Committee on Ethics of the Senate to ensure effectiveness, to avoid duplication, and to prevent penalizing cooperation by respondents in the respective proceedings. SEC. 16. POLITICAL AFFILIATION AND PLACE OF RESIDENCE. (a) In General.--It shall not be a violation of a law made applicable to the legislative branch of the Federal Government under section 5 to consider the-- (1) party affiliation, (2) domicile, or (3) political compatibility with the employing office, of a congressional employee with respect to employment decisions. (b) Definition.--For purposes of subsection (a), the term ``employee'' means-- (1) an employee on the staff of the House of Representatives or Senate leadership, (2) an employee on the staff of a committee or subcommittee, (3) an employee on the staff of a Member of the House of Representatives or Senate, (4) an officer or employee of the House of Representatives or Senate elected by the House of Representatives or Senate or appointed by a Member of the House of Representatives or Senate, other than those described in paragraphs (1) through (3), or (5) an applicant for a position that is to be occupied by an individual described in paragraphs (1) through (4). SEC. 17. OTHER REVIEW PROHIBITED. No congressional employee may commence a judicial proceeding to redress practices prohibited under section 5, except as provided in this Act. SEC. 18. STUDY. (a) Study.--The Office shall conduct a study-- (1) of the ways that access by the public to information held by the Congress may be improved, streamlined, and made consistent between the House of Representatives and the Senate and of the application of section 552 of title 5, United States Code to the legislative branch of the Federal Government; and (2) of the application of the requirement of section 552a of title 5, United States Code, to the legislative branch of the Federal Government. (b) Study Content.--The study conducted under subsection (a) shall examine-- (1) information that is currently made available under such section 552 by Federal agencies and not by the legislative branch of the Federal Government; (2) information held by the non-legislative offices of the legislative branch of the Federal Government, including-- (A) the instrumentalities, (B) the Architect of the Capitol, (C) the Director of Non-Legislative and Financial Services of the House of Representatives, (D) the Clerk of the House of Representatives, (E) the Secretary of the Senate, (F) the Inspector General of the House of Representatives, (G) the Sergeant at Arms of the House of Representatives, (H) the Doorkeeper of the House of Representatives, (I) the United States Capitol Police, and (J) the House Commission on Congressional Mailing Standards; (3) financial expenditure information of the legislative branch of the Federal Government; and (4) provisions for judicial review of denial of access to information held by the legislative branch of the Federal Government. (c) Time.--The Office shall conduct the study prescribed by subsection (a) and report the results of the study to the Congress not later than one year after the date of the initial appointment of the Board of Directors. HR 4892 IH----2 HR 4892 IH----3 HR 4892 IH----4

Congressional Accountability Act - Applies, by a specified conditional date, provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938; (2) Title VII of the Civil Rights Act of 1964; (3) the Americans With Disabilities Act of 1990; (4) the Age Discrimination in Employment Act of 1967; (5) Titles I and V of the Family and Medical Leave Act of 1993; (6) the Occupational Safety and Health Act of 1970; (7) provisions relating to Federal labor management relations; (8) the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; and (10) the Rehabilitation Act of 1973. Requires that an action to abate a violation of OSHA for which a citation is received take place as soon as possible, but no later than the fiscal year after the citation is issued. (Sec. 4) Establishes in the legislative branch an Office of Compliance to study and report to the Congress on: (1) the application of such laws to the legislative branch; (2) an examination of the procedures used by the instrumentalities to enforce the application of such laws; and (3) a determination as to whether to direct an instrumentality to make improvements in its regulations and procedures so as to assure that they are as effective as those specified in this Act. Authorizes the Office's Board of Directors to direct an instrumentality that has no such procedures to adopt the requisite procedures. Requires the Board to issue regulations governing such applicability which shall be subject to congressional approval. Makes applicable to the legislative branch any provision of Federal law to the extent that it relates to the terms and conditions of employment (including protection from discrimination in personnel actions health and safety of employees, and family and medical leave). (Sec. 5) Directs the Office, on an ongoing basis, to: (1) determine which of such laws should apply to the legislative branch; (2) study the application to the legislative branch of laws enacted after enactment of this Act; and (3) issue regulations to apply such laws to the legislative branch subject to congressional approval. Sets forth House and Senate procedures for bills to implement such regulations. (Sec. 6) Requires the Office to: (1) carry out an education program for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them a program to inform individuals of their rights under such laws and this Act; (3) publish statistics on the use of the Office by congressional employees; and (4) develop a system for the collection of demographic data on the composition of the congressional employees. (Sec. 7) Sets forth procedures for consideration of alleged violations of the laws made applicable to the legislative branch consisting of the following steps: (1) counseling through the Office; (2) mediation with office; (3) formal complaint and hearing by a board; (4) judicial review if a congressional employee is aggrieved by a dismissal, final decision, or an order by the hearing board or if a head of an employing office is aggrieved by a final decision or would be subject to an order issued by such board; and (5) as an alternative to steps 3 and 4, a civil action in a U.S. district court. (Sec. 14) Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner under this Act as is a violation of law made applicable to the legislative branch. (Sec. 15) Requires all counseling, mediation, and hearings and deliberations of a hearing board to be confidential. Permits the records of hearing boards to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to the hearing and decisions of the hearing board only after the board has made a decision with respect to the matter. (Sec. 17) Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices. (Sec. 18) Requires the Office to study and report to the Congress on: (1) the ways that public access to information held by the Congress may be improved, streamlined, and made consistent between the House and the Senate; and (2) the application of the Freedom of Information Act and the Right of Privacy Act to the legislative branch.

Congressional Accountability Act

799

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Hope Act of 2003''. SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO EDUCATION INVESTMENT ORGANIZATIONS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by inserting after section 30A the following new section: ``SEC. 30B. CONTRIBUTIONS TO EDUCATION INVESTMENT ORGANIZATIONS. ``(a) In General.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year the aggregate amount of qualified contributions for the taxable year. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $100 ($200 in the case of a joint return). ``(c) Qualified Contributions.--For purposes of this section-- ``(1) In general.--The term `qualified contribution' means a charitable contribution (as defined by section 170(c)) to an education investment organization. ``(2) Education investment organization.--The term `education investment organization' means any organization described in section 170(c)(2) if the annual disbursements of the organization in the form of grants 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 for qualified elementary and secondary education expenses are normally not less than 90 percent of the sum of such organization's annual cash contributions. ``(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) Clerical Amendment.--The table of sections for such subpart B is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Contributions to education investment organizations.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 3. FEDERAL SCHOLARSHIP TAX CREDIT CONDITIONED ON STATE QUALIFIED SCHOLARSHIP TAX CREDIT. (a) In General.--For purposes of section 30B(e) of the Internal Revenue Code of 1986 (as added by section 2 of this Act) a scholarship tax credit shall not be treated as a State qualified scholarship tax credit unless the requirements of subsection (b) are met. (b) Requirements Relating to State Qualified Scholarship Tax Credit.-- (1) In general.--For purposes of subsection (a), the requirements of this subsection are met only if-- (A) the tax credit is for an amount of not less than $250 per taxpayer and is allowed against the State income tax (property tax for those States that don't have income tax) for the amount of voluntary cash contributions made by the taxpayer during the taxable year to a school tuition organization described in paragraph (2), (B) the excess of such credit over tax liability may be carried forward for not more than five years, (C) if the taxpayer does not require, as a condition of the contribution, that the contribution must benefit a specific child, and (D) such credit is not allowable for direct donations to private schools. (2) School tuition organization.--For purposes of paragraph (1), a school tuition organization is described in this paragraph if such organization-- (A) is an organization operating in the State and is described in section 501(c)(3), and is exempt from tax under section 501(a), of the Internal Revenue Code of 1986, (B) expends at least 90 percent of its annual cash contributions for educational scholarships or tuition grants to children to allow them to attend any qualified school chosen at the sole discretion of their parents, and (C) disburses at least 90 percent of its annual cash contributions within one year of their receipt. (3) Qualified school.--For purposes of paragraph (2), the term ``qualified school'' means any elementary school or secondary school that is located in the State in which the taxpayer resides and does not discriminate on the basis of race, color, handicap, familial status, or national origin and that satisfies the requirements prescribed by State law for such schools as of December 31, 2004. (4) Educational scholarships or tuition grants.--The term ``educational scholarship or a tuition grant'' means any scholarship or grant awarded for qualified elementary and secondary education expenses (as defined in section 530(b)(4) of the Internal Revenue Code of 1986). (c) State.--For purposes of this section, the term ``State'' means any of the several States.

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

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.