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SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Science for Nuclear Waste Disposal Act of 2004''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Under the Nuclear Waste Policy Act of 1982, the storage of high-level radioactive waste, transuranic waste, and spent nuclear fuel is to be located at a central repository. (2) The Department of Energy estimates that completing the Yucca Mountain central repository project will cost $58,000,000,000, making the project one of the most costly public works projects in the world. (3) Numerous geological and hydrological conditions found at Yucca Mountain support the contention that Yucca Mountain is not a suitable site for a central repository. (4) Public health and safety regulations have consistently been altered in order to make Yucca Mountain appear to be a feasible option. (5) Storing high-level radioactive waste in a central repository at Yucca Mountain would require the transportation of more than 70,000 tons of nuclear waste through 43 States, and through hundreds of cities and towns. Fifty million Americans live within one half mile of the shipping routes, creating an unacceptable risk of catastrophic radiation exposure. (6) Current nuclear power reactor sites can safely store high-level radioactive waste for another 100 years (according to the Nuclear Regulatory Commission). By implementing the most advanced existing technology, nuclear power reactor sites could store waste for an additional 100 years, thus eliminating the need to immediately site a central repository. (7) The United States can create solutions to the long-term problems of storing high-level radioactive waste by exploring emerging technologies with the potential to neutralize highly radioactive waste. (8) The research, development, and utilization in the United States of risk-decreasing technologies for the safe disposal of nuclear waste is not only feasible, but it is our best alternative to storing high-level nuclear waste at a central repository. (9) The Nuclear Waste Fund has accumulated more than $10,000,000,000 to store high-level nuclear radioactive waste in a central repository, a failed concept. Given the scientific evidence against the Yucca Mountain site, and the health and safety problems inherent in the concept of a central high-level radioactive waste repository, the Nuclear Waste Fund should be directed toward the research, development, and utilization of these alternative waste storage and disposal technologies to better protect our environment. (10) The insurmountable problems associated with storing nuclear waste in a central repository requires the Congress to terminate the Yucca Mountain Project and to immediately launch a focused research and development program to develop safe nuclear waste disposal technologies. SEC. 3. NUCLEAR WASTE FUND. Section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) is amended-- (1) in subsection (a)-- (A) by striking ``Contracts.--(1) In the'' and all that follows through ``described in subsection (d).'' and inserting ``Payments.--(1) The Secretary shall provide for payments into the Nuclear Waste Fund of fees pursuant to paragraph (2) for use as provided in this section.''; (B) by striking paragraphs (3), (5), and (6) and redesignating paragraph (4) as paragraph (3); and (C) in paragraph (3), as so redesignated by subparagraph (B) of this paragraph-- (i) by striking ``paragraphs (2) and (3) above'' and inserting ``paragraph (2)''; (ii) by striking ``offset the costs as defined in subsection (d) herein'' and inserting ``support the uses described in subsection (c)''; (iii) by striking ``recover the costs incurred'' and all that follows through ``full cost recovery.'' and inserting ``support the uses described in subsection (c), the Secretary shall propose an adjustment to the fee to fully support those uses. The Secretary shall also annually adjust the fee for inflation.''; and (iv) by striking ``this proposal for such an adjustment to Congress'' and all that follows through ``the Energy Policy and Conservation Act'' and inserting ``proposals for fee adjustment to Congress''; (2) by striking subsections (b) and (d); (3) by redesignating subsections (c) and (e) as subsections (b) and (d), respectively; (4) in subsection (b), as so redesignated by paragraph (3) of this section-- (A) by striking ``, (b), and (e)'' and inserting ``and (d)'' in paragraph (1); (B) by inserting ``and'' at the end to paragraph (1); (C) by striking ``; and'' at the end of paragraph (2) and inserting a period; and (D) by striking paragraph (3); (5) by inserting after subsection (b), as so redesignated by paragraph (3) of this section, the following new subsection: ``(c) Uses of Nuclear Waste Fund.--The Nuclear Waste Fund shall be available to the Secretary only to pay the cost of research, development, and utilization in the United States of risk-decreasing technologies, with an emphasis on technologies that-- ``(1) increase the length of time that nuclear waste can be safely stored at or near-- ``(A) in the case of waste existing on the date of enactment of the 21st Century Science for Nuclear Waste Disposal Act of 2004, the site where the waste was located on such date of enactment; and ``(B) in the case of waste not existing on the date of enactment of the 21st Century Science for Nuclear Waste Disposal Act of 2004, the site where the waste is generated; ``(2) require the least amount of transportation of nuclear waste practicable; and ``(3) reduce the level of radiation of the nuclear waste. The Government shall not use any funds for research, development, or implementation of a central high-level radioactive waste and spent nuclear fuel repository.''; and (6) in subsection (d), as so redesignated by paragraph (3) of this section, by striking ``subsection (d)'' in paragraph (6) and inserting ``subsection (c)''. SEC. 4. REPEALS AND REDESIGNATIONS. (a) In General.--The Nuclear Waste Policy Act of 1982 is amended-- (1) by redesignating section 151 as section 10 and moving it to appear after section 9, and by repealing the remainder of title I; (2) by repealing title II; (3) by redesignating sections 302 and 306 as sections 11 and 12, respectively, and moving them to appear after section 10, and by repealing the remainder of title III; (4) by repealing title IV; and (5) by repealing title V. (b) Conforming Amendments.--The Nuclear Waste Policy Act of 1982 is amended-- (1) in section 2-- (A) by striking paragraphs (1), (2), (4), (5), (8), (10), (11), (13), (14), (15), (17), (19), (21), (22), (25), (26), (27), (28), (30), (31), (32), (33), and (34); (B) by redesignating paragraphs (3), (6), (7), (9), (12), (16), (18), (20), (23), (24), and (29) as paragraphs (1), (2), (3), (4), (5), (6), (7), (10), (11), (12), and (13) respectively; and (C) by inserting after paragraph (7), as so redesignated by subparagraph (B) of this paragraph, the following new paragraphs: ``(8) Research.--The term `research' includes both basic and applied research. ``(9) Risk-decreasing technologies.--The term `risk- decreasing technologies' means technologies that reduce the adverse impact nuclear waste has on human and ecological health and well-being through reduction in radiation levels and other methods.''; and (2) in section 8-- (A) by striking ``subsection (c)'' and inserting ``subsection (b)'' in subsection (a); (B) by striking subsection (b); and (C) by redesignating subsection (c) as subsection (b). (c) Table of Contents Amendments.--The items in the table of contents of the Nuclear Waste Policy Act of 1982 relating to titles I through V are repealed, and the following items are inserted after the item relating to section 9: ``Sec. 10. Financial arrangements for site closure. ``Sec. 11. Nuclear Waste Fund. ``Sec. 12. Nuclear Regulatory Commission training authorization.''. SEC. 5. REPEAL OF SPECIAL RULES FOR NUCLEAR DECOMMISSIONING COSTS. (a) In General.--Section 468A of the Internal Revenue Code of 1986 is hereby repealed. (b) Conforming Amendments.-- (1) Subparagraph (B) of section 172(f)(1) of such Code is amended by striking ``or 468A(a)''. (2) The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by striking the item relating to section 468A. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

21st Century Science for Nuclear Waste Disposal Act of 2004 - Amends the Nuclear Waste Policy Act of 1982 to repeal the authority of the Secretary of Energy (Secretary) to enter into contracts for the acceptance of title, transportation, and disposal of spent nuclear fuel or high-level radioactive waste. Declares that the Nuclear Waste Fund shall be available to the Secretary only to pay the cost of research, development, and utilization in the United States of risk-decreasing technologies, with an emphasis on technologies that: (1) increase the length of time that nuclear waste can be safely stored at or near areas where currently located or where (in the future) generated; (2) require the least amount of transportation of nuclear waste practicable; and (3) reduce the level of radiation of the nuclear waste. Prohibits the government from using funds for research, development, or implementation of a central high-level radioactive waste and spent nuclear fuel repository. Repeals the Nuclear Waste Policy Act of 1982, but retains requirements governing: (1) financial arrangements for site closure for low-level radioactive waste; (2) the Nuclear Waste Fund; and (3) Nuclear Regulatory Commission training authorization. Amends the Internal Revenue Code to repeal special rules governing nuclear decommissioning costs.

To redirect the Nuclear Waste Fund established under the Nuclear Waste Policy Act of 1982 into research, development, and utilization of risk-decreasing technologies for the onsite storage and eventual reduction of radiation levels of nuclear waste, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education and Workforce Innovation Act''. SEC. 2. COMMUNITY WORKFORCE TRAINING GRANTS. (a) Program Authorized.--From the amounts appropriated to carry out this section, the Secretary of Education, in consultation with the Secretary of Labor and the advisory panel, shall carry out a 5-year pilot program to award grants to eligible entities to carry out programs that provide direct skills and job training for individuals to enter and advance in high-growth, emerging, and in-demand industries, such as skilled labor and trade industries. (b) Application.--To receive a grant under this section, an eligible entity shall submit an application, at such time, in such manner, and containing such information as the Secretary of Education may require. (c) Uses of Funds.--An eligible entity that receives a grant under this section shall use such grant to-- (1) develop and carry out a multiyear program to provide students enrolled in a school or institution described in subparagraphs (A) through (C) of subsection (g)(1) with education and training to prepare such students to enter and advance in high-growth, emerging, or in-demand industries by providing-- (A) customized training that is valuable to such industries; (B) increased productivity and knowledge transfer; (C) a stable and predictable pipeline to a high- standard of employment (as determined by the Secretary of Labor in consultation with the advisory panel) upon graduation from the program; (D) a proven model of success, as determined by the Secretary of Labor in consultation with the advisory panel; and (E) an opportunity for career advancement; and (2) cover costs related to developing and carrying out the program, which may include-- (A) covering overhead costs; (B) improving program design; (C) expanding access to the program; or (D) providing tuition subsidies for students enrolled, or desiring to enroll, in an institution described in subparagraph (A) or (B) of subsection (g)(1), if applicable, to participate in such program. (d) Matching Funds.--An eligible entity that is awarded a grant under this section shall provide matching funds from non-Federal sources in an amount equal to not less than the Federal funds provided under the grant. (e) Advisory Panel.--In carrying out the pilot program under this section, the Secretary of Education shall establish an advisory panel that is comprised of Federal education experts and private sector executives. (f) Availability of Funding.--For fiscal year 2016 and each of the 4 succeeding fiscal years, not less than $50,000,000 shall be available from the amount appropriated for each such fiscal year for the Workforce Innovation Fund of the Department of Labor for the costs of carrying out this section. (g) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a private company involved in the manufacturing, production, or technology industries, in partnership with a-- (A) junior or community college; (B) postsecondary vocational institution; or (C) secondary school. (2) Junior or community college.--The term ``junior or community college'' has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). (3) Postsecondary vocational institution.--The term ``postsecondary vocational institution'' has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)). (4) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Skilled labor and trade industries.--The term ``skilled labor and trade industries'' shall be defined by the Secretary of Labor. SEC. 3. FINANCING A SKILLED 21ST CENTURY WORKFORCE GOAL. (a) Program Authorized.--The Secretaries of Education and the Treasury, jointly with the advisory panel, shall administer a pay-for- performance pilot program for 5 years to raise funds from qualified investors to cover the cost of a workforce training program that increases trade certifications or apprenticeships for unemployed individuals or dislocated workers, and that meets the requirements of subsection (b). (b) Program Requirements.--The pay-for-performance pilot program carried out under subsection (a) shall require that-- (1) the Secretaries and the advisory panel establish the goals of increasing trade certifications or apprenticeships for unemployed individuals or dislocated workers, and other social and financial goals (such as reducing Federal, State, and local expenditures related to workforce training) for the program; (2) a qualified investor enters into a pay-for-performance agreement with the Secretaries under which the qualified investor-- (A) provides funds to a service provider selected by the Secretaries, the advisory panel, and the qualified investor to meet the goals established under paragraph (1); and (B) agrees to the repayment terms described in paragraph (4); (3) the service provider uses such funds to carry out a workforce training program for unemployed adults or dislocated workers to meet such goals; (4) if the Secretaries and the advisory panel determine that the workforce training program carried out by the service provider meets the goals established under paragraph (1), the Secretaries will repay the qualified investor the amount of funds provided by the qualified investor under paragraph (2) with financial returns; and (5) the Secretaries and the advisory panel assess the feasibility of expanding the pay-for-performance pilot program on a larger scale. (c) Authorization of Appropriations.--There are authorized to be appropriated $75,000,000 for fiscal year 2016 to carry out this section. (d) Definitions.--In this Act: (1) Advisory panel.--The term ``advisory panel'' means a panel of business representatives selected by the Secretaries. (2) Dislocated worker; unemployed individual.--The terms ``dislocated worker'' and ``unemployed individual'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (3) Qualified investor.--The term ``qualified investor'' has the meaning given such term in section 230.501(a) of title 17, Code of Federal Regulations (or successor regulations). (4) Secretaries.--The term ``Secretaries'' means the Secretaries of Education and the Treasury. (5) Service provider.--The term ``service provider'' means a nonprofit organization that carries out a workforce training program.

Education and Workforce Innovation Act - Directs the Secretary of Education to carry out a five-year pilot program to award grants to eligible entities to carry out programs that provide direct skills and job training for individuals to enter and advance in high-growth, emerging, and in-demand industries, such as skilled labor and trade industries. Defines an "eligible entity" as a private company involved in the manufacturing, production, or technology industries, in partnership with a junior or community college, postsecondary vocational institution, or secondary school. Authorizes such an entity to use such a grant to develop and carry out a multiyear program to provide students enrolled in such a college, institution, or school with education and training to enter and advance in such industries, by providing: (1) customized training, (2) increased productivity and knowledge transfer, (3) a stable and predictable pipeline to a high-standard of employment upon graduation, (4) a proven model of success, and (5) an opportunity for career advancement. Requires an eligible entity that is awarded a grant to provide matching funds from non-federal sources. Directs the Secretaries of Education and the Treasury to administer a five-year pilot program under which qualified investors enter into a pay-for-performance agreement under which they will provide funds to service providers to carry out workforce training programs that increase trade certifications or apprenticeships for unemployed individuals or dislocated workers.

Education and Workforce Innovation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Government Internet Tobacco Sales Enforcement Act of 2004''. SEC. 2. REVISION OF ACT OF OCTOBER 19, 1949. The Act of October 19, 1949, entitled ``An Act to assist States in collecting sales and use taxes on cigarettes'' (15 U.S.C. 375 et seq.) is amended by striking ``That for the purposes of this Act'' and all that follows through the end of the Act and inserting the following: ``SECTION 1. SHORT TITLE. ``This Act may be cited as the `Jenkins Act'. ``SEC. 2. INTERSTATE SALES OF CIGARETTES AND SMOKELESS TOBACCO. ``(a) Compliance With Laws.-- ``(1) Each person who engages in an interstate sale of cigarettes or smokeless tobacco or in an interstate distribution of cigarettes or smokeless tobacco shall comply with all the excise, sales, and use tax laws applicable to the sale or other transfer of cigarettes or smokeless tobacco in the State and place in which the cigarettes or smokeless tobacco are delivered as though the person were physically located in that State or place. ``(2) Unless State law requires otherwise, no cigarettes or smokeless tobacco may be delivered pursuant to an interstate sale unless in advance of delivery-- ``(A) any cigarette or smokeless tobacco excise tax that is imposed by the State in which the cigarettes or smokeless tobacco are to be delivered has been paid to the State; ``(B) any cigarette or smokeless tobacco excise tax imposed by the local government of the place in which the cigarettes or smokeless tobacco are to be delivered has been paid to the local or tribal government; and ``(C) any required stamps or other indicia that the excise tax has been paid are properly affixed or applied to the cigarettes or smokeless tobacco. ``(3) The provisions of paragraph (2) do not apply to an interstate sale or distribution of smokeless tobacco when the law of the State or place where the smokeless tobacco is to be delivered requires or otherwise provides that interstate sellers of smokeless tobacco collect the excise tax from the consumer and remit the excise tax to the State or place, and the interstate seller complies with such requirement. ``(4)(A) Each State may compile a list of interstate sellers of cigarettes or smokeless tobacco who are in compliance with this Act with respect to that State. If a State posts a list pursuant to this subsection that specifically refers to this subsection, no person may knowingly make an interstate distribution of cigarettes or smokeless tobacco into that State other than to a person licensed or otherwise authorized by the State to engage in the business of manufacturing, distributing or selling cigarettes or smokeless tobacco unless the person initiating or ordering the delivery is on the list at the time of delivery. ``(B) Each State may also compile a list of interstate sellers of cigarettes or smokeless tobacco who are not in compliance with this Act with respect to that State. A State may provide such a list to a common carrier, the United States Postal Service, or to any other person, and make public the availability of the list to any person engaged in the delivery business in or into the State or who delivers cigarettes or smokeless tobacco in or into the State. Such list shall be confidential, and any person receiving such a list from a State shall maintain the confidentiality of the list. If a State, pursuant to this subsection, provides such a list to any person and makes public its availability to persons who deliver cigarettes or smokeless tobacco in or into the State, no person who receives the list and no person who delivers cigarettes or smokeless tobacco in or into the State may knowingly make an interstate distribution of any item in or into that State for a person on the list unless-- ``(i) the person in good faith determines that the item does not include cigarettes or smokeless tobacco; or ``(ii) the delivery is made to a person licensed or otherwise authorized by the State to engage in the business of manufacturing, distributing or selling cigarettes or smokeless tobacco. ``(b) Recordkeeping and Reporting.--Each person who engages in an interstate sale of cigarettes or smokeless tobacco, or who advertises, or offers to engage in, such a sale, shall-- ``(1) first file with the tobacco tax administrator of the State and place in which the cigarettes or smokeless tobacco are to be offered, advertised, or delivered, a statement setting forth the person's name and trade name (if any), and the address of that person's principal place of business and any other place of business, as well as telephone numbers for each place of business, a principal electronic mail address, any website addresses, and the name, address and telephone number of an agent authorized to accept service in the State on behalf of that person; ``(2) not later than the 10th day of each calendar month, file with that tobacco tax administrator a memorandum or copy of the invoice covering each and every interstate sale of cigarettes or smokeless tobacco by the filer into that State or place, and each interstate distribution of cigarettes or smokeless tobacco pursuant to that sale, during the previous calendar month, and such memorandum or invoice shall include the name and address of the person to whom the cigarettes or smokeless tobacco are delivered, the brand, and the type, the quantity delivered, and the name, address, and phone number of the person delivering; and ``(3) maintain records, including the information specified in paragraph (2), for not less than 5 years after the date of an interstate sale of cigarettes or smokeless tobacco and of each interstate distribution of cigarettes or smokeless tobacco pursuant to that sale, and make those records available for inspection upon the lawful demand of the Attorney General of the United States, an attorney general of a State, the Commissioner of Internal Revenue, or the chief tax collection official of a State or place that levies an excise tax on cigarettes or smokeless tobacco. ``(c) Personally identifiable information-- ``(1) relating to an individual to whom cirgarettes or smokeless tobacco are delivered; and ``(2) filed, or maintained in records, under paragraph (2) or (3) of subsection (b); shall not be made available to the public and shall be used solely for the purposes of tax collection or law enforcement. ``(d) Deeming Rule.--For the purposes of this section-- ``(1) an interstate sale or delivery of cigarettes or smokeless tobacco shall be deemed to have occurred in the State and place where the buyer obtains personal possession of the cigarettes or smokeless tobacco; and ``(2) a delivery pursuant to an interstate sale is deemed to have been initiated or ordered by the seller. ``SEC. 3. CIVIL ACTION. ``(a) In General.--In addition to any other remedies available under other Federal or State or local law, the attorney general of a State or the chief law enforcement officer of a local government that imposes an excise tax on cigarettes or smokeless tobacco may in a civil action obtain any appropriate relief, including money damages, civil penalties, and injunctive or other equitable relief where appropriate, against-- ``(1) any person who violates, or is about to engage in a violation of, section 2; or ``(2) any person who knowingly assists or participates, or knowingly is about to engage, in such a violation. ``(b) Notice.--No attorney general of a State or chief law enforcement officer of a local government may commence an action pursuant to subsection (a) prior to 60 days after the State attorney general has given notice of his intent to commence the action to the Attorney General of the United States. If the Attorney General of the United States has commenced and is diligently prosecuting a civil action against the persons named in the notice for the violation described in the notice, then the State attorney general may not commence an action against that defendant for that violation but may join the United States Attorney General's action solely for the purpose of establishing and collecting State damages. ``(c) Limitations on Civil Actions by Local Governments.--The chief law enforcement officer of a local government may not bring any unconsented suit pursuant to this Act against any Federal, State, local, or tribal governmental entity. ``(d) Referrals of Local Violations for Enforcement.--The chief law enforcement officer of a local government may provide evidence of a violation of its excise tax on cigarettes or smokeless tobacco under section 2(a) of this Act to the Attorney General of the United States, the United States Attorney with jurisdiction over the locality, or the attorney general of the State in which the local government is located. Upon referral, the Attorney General of the United States or the United States Attorney shall take appropriate actions to enforce this Act. ``(e) Availability of Information.--The Attorney General of the United States shall make information about Federal, State, and other efforts to enforce this Act publicly available, through posting the information on the Internet and through other means. ``SEC. 4. CIVIL PENALTY. ``Whoever violates section 2 is subject to a civil penalty not to exceed $5,000 in the case of a first violation, and, in any other case, not to exceed $10,000 or, if it is higher, 5 percent of the gross revenue from interstate sales or distributions of cigarettes or smokeless tobacco by such person during the 1-year period ending on the date of the violation. ``SEC. 5. CRIMINAL PENALTIES. ``(a) Section 2(a) Violations.--Whoever violates section 2(a) shall be fined under title 18, United States Code, or imprisoned not more than 3 years, or both. ``(b) Section 2(b) Violations.--Whoever violates section 2(b) shall be guilty, fined under title 18, United States Code, or imprisoned not more than 6 months, or both. ``SEC. 6. NONPREEMPTION. ``This Act does not limit the remedies provided by State, tribal, Federal, or other law with respect to alleged violations of State, tribal, Federal, or other law relating to a sale or distribution of cigarettes or smokeless tobacco in connection with an interstate sale or distribution of cigarettes or smokeless tobacco. Nothing in this Act shall be construed to prohibit an authorized State or local government official from proceeding in State court or taking other enforcement actions on the basis of alleged violations of State or other law, or an authorized tribal government official from proceeding in tribal court or taking other enforcement action, on the basis of alleged violations of tribal or other law. ``SEC. 7. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL MATTERS. ``(a) Indian Country.--The provisions of this Act relating to State tax collection do not apply to a sale of cigarettes or smokeless tobacco that occurs exclusively in Indian country (as defined in section 1151 of title 18, United States Code) owned or occupied by an Indian tribe to a consumer located in that Indian Country who is an individual member of the same Indian tribe. ``(b) Intergovernmental Arrangements.--Nothing in this Act is intended nor shall be construed to affect, amend, or modify-- ``(1) any agreement, compact, or other intergovernmental arrangement between any State or local government and any Indian tribe relating to the collection of taxes on cigarettes or smokeless tobacco sold on tribal lands; or ``(2) any State law that pertains to any such intergovernmental arrangement or creates special rules or procedures for the collection of State, local, or tribal taxes on cigarettes or smokeless tobacco sold on tribal lands. ``(c) Coordinated Law Enforcement Efforts.--Nothing in this Act shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by one or more States or other jurisdictions, including Indian tribes, through interstate compact or otherwise, that-- ``(1) provides for the administration of tobacco product laws or laws pertaining to interstate sales or other sales of tobacco products; ``(2) provides for the seizure of tobacco products or other property related to a violation of such laws; or ``(3) establishes cooperative programs for the administration of such laws. ``SEC. 8. DEFINITIONS. ``As used in this Act-- ``(1) the term `attorney general', with respect to a State, means the chief law enforcement officer of that State, or the designee of that officer; ``(2) the term `cigarette' means-- ``(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco which is to be heated or burned; ``(B) any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging or labeling is likely to be offered to, or purchased by consumers as a cigarette described in subparagraph (A); ``(C) any roll of tobacco wrapped in any substance that because of its appearance, the type of tobacco used in the filler, or its packaging or labeling is likely to be offered to, or purchased by consumers as a cigarette; or ``(D) loose rolling tobacco that, because of its appearance, type, packaging, or labeling, is likely to be offered to, or purchased by, consumers as tobacco for making cigarettes; ``(3) the term `smokeless tobacco' means any product intended or marketed for human consumption containing finely cut, ground, powdered, leaf, or other tobacco that is intended to be placed in the oral or nasal cavity or otherwise consumed without being combusted; ``(4) the term `interstate sale of cigarettes or smokeless tobacco' means any sale of cigarettes or smokeless tobacco in interstate or foreign commerce to a person, other than a person licensed or otherwise authorized as a distributor, wholesaler, or retailer in the State where the cigarettes or smokeless tobacco is delivered, in which-- ``(A) the buyer submits the order for such sale by means of a telephone or other method of voice transmission, the mails, or the Internet or other online service, or the seller is not in the physical presence of the buyer when the request for purchase or order is made; or ``(B) the cigarettes or smokeless tobacco are delivered by use of a common carrier, private delivery service, or the mails, or the seller is not in the physical presence of the buyer when the buyer obtains physical possession of the delivered cigarettes or smokeless tobacco; ``(5) the term `interstate or foreign commerce' means commerce between a State and any place outside that State, commerce between a State and any Indian lands in that State, or commerce between points in the same State but through any place outside that State; ``(6) the term `interstate distribution of cigarettes or smokeless tobacco' means a delivery or other distribution of cigarettes or smokeless tobacco pursuant to an interstate sale of cigarettes or smokeless tobacco; ``(7) the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; ``(8) the term `person' means an individual, a corporation, company, association, firm, partnership, society, joint stock company, an Indian tribal organization, or an Indian tribal government; ``(9) the term `tribal organization' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); and ``(10) the term `Indian lands' has the meaning given that term in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb).''. SEC. 3. SENSE OF CONGRESS CONCERNING THE PRECEDENTIAL EFFECT OF THIS ACT. It is the sense of Congress that unique harms are associated with the remote interstate sales of cigarette and smokeless tobacco, including problems associated with verifying the legal age of consumers and long-term negative health effects associated with the continued use of these products. This Act further affirms Congress' longstanding interest in encouraging compliance and enforcement of State laws that relate to the remote sales, including internet sales, of these specific harmful products. Enacted more than 50 years ago, the Jenkins Act established reporting requirements for remote interstate sellers of cigarettes in order to reduce incentives for smuggling and to help states enforce tobacco taxes. In light of the unique federal policy and historic distinctions between cigarettes and smokeless tobacco and other products, the requirements of this Act are in no way meant to create, and ought not be considered, precedent regarding the collection of State sales or use taxes by out-of-state entities that lack a physical presence within the taxing State. SEC. 4. EFFECTIVE DATE. The amendment made by this Act shall take effect on the first day of the first month beginning on or after 60 days after the date of the enactment of this Act.

Local Government Internet Tobacco Sales Enforcement Act of 2004 - Amends the Jenkins Act to require each person who engages in an interstate sale of cigarettes or smokeless tobacco or in an interstate distribution of cigarettes or smokeless tobacco to comply with all applicable excise, sales, and use tax laws in the State and place in which the cigarettes or smokeless tobacco are delivered. Prohibits the cigarettes or smokeless tobacco from being delivered to the buyer unless in advance of the delivery the excise tax has been paid and any required stamps or other indicia that such tax has been paid are properly affixed or applied, with an exception. Authorizes a State attorney general or the chief law enforcement officer of a local government that imposes an excise tax on cigarettes or smokeless tobacco to bring a civil action to obtain appropriate relief against anyone who violates such prohibition or who knowingly assists or participates in such a violation. Declares that the Act does not prohibit an authorized State, local, or tribal government official from proceeding in State or tribal court. Makes the Act's provisions regarding State tax collection inapplicable to certain sales that occur exclusively in Indian country. Expresses the sense of Congress that unique harms are associated with the remote interstate sales of cigarette and smokeless tobacco. Affirms Congress' longstanding interest in encouraging compliance and enforcement of State laws that relate to remote (including Internet) sales of such products.

To revise and reform the Act commonly called the Jenkins Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bonneville Power Administration Appropriations Refinancing Act''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) ``Administrator'' means the Administrator of the Bonneville Power Administration; (2) ``capital investment'' means a capitalized cost funded by Federal appropriations that-- (A) is for a project, facility, or separable unit or feature of a project or facility; (B) is a cost for which the Administrator is required by law to establish rates to repay to the United States Treasury through the sale of electric power, transmission, or other services; (C) excludes a Federal irrigation investment; and (D) excludes an investment financed by the current revenues of the Administrator or by bonds issued and sold, or authorized to be issued and sold, by the Administrator under section 13 of the Federal Columbia River Transmission System Act (16 U.S.C. 838(k)); (3) ``new capital investment'' means a capital investment for a project, facility, or separable unit or feature of a project or facility, placed in service after September 30, 1995; (4) ``old capital investment'' means a capital investment whose capitalized cost-- (A) was incurred, but not repaid, before October 1, 1995, and (B) was for a project, facility, or separable unit or feature of a project or facility, placed in service before October 1, 1995; (5) ``repayment date'' means the end of the period within which the Administrator's rates are to assure the repayment of the principal amount of a capital investment; and (6) ``Treasury rate'' means-- (A) for an old capital investment, a rate determined by the Secretary of the Treasury, taking into consideration prevailing market yields, during the month preceding October 1, 1995, on outstanding interest-bearing obligations of the United States with periods to maturity comparable to the period between October 1, 1995, and the repayment date for the old capital investment; and (B) for a new capital investment, a rate determined by the Secretary of the Treasury, taking into consideration prevailing market yields, during the month preceding the beginning of the fiscal year in which the related project, facility, or separable unit or feature is placed in service, on outstanding interest-bearing obligations of the United States with periods to maturity comparable to the period between the beginning of the fiscal year and the repayment date for the new capital investment. SEC. 3. NEW PRINCIPAL AMOUNTS. (a) Effective October 1, 1995, an old capital investment has a new principal amount that is the sum of-- (1) the present value of the old payment amounts for the old capital investment, calculated using a discount rate equal to the Treasury rate for the old capital investment; and (2) an amount equal to $100,000,000 multiplied by a fraction whose numerator is the principal amount of the old payment amounts for the old capital investment and whose denominator is the sum of the principal amounts of the old payment amounts for all old capital investments. (b) With the approval of the Secretary of the Treasury based solely on consistency with this Act, the Administrator shall determine the new principal amounts under section 3 and the assignment of interest rates to the new principal amounts under section 4. (c) For the purposes of this section, ``old payment amounts'' means, for an old capital investment, the annual interest and principal that the Administrator would have paid to the United States Treasury from October 1, 1995, if this Act were not enacted, assuming that-- (1) the principal were repaid-- (A) on the repayment date the Administrator assigned before October 1, 1993, to the old capital investment, or (B) with respect to an old capital investment for which the Administrator has not assigned a repayment date before October 1, 1993, on a repayment date the Administrator shall assign to the old capital investment in accordance with paragraph 10(d)(1) of the version of Department of Energy Order RA 6120.2 in effect on October 1, 1993; and (2) interest were paid-- (A) at the interest rate the Administrator assigned before October 1, 1993, to the old capital investment, or (B) with respect to an old capital investment for which the Administrator has not assigned an interest rate before October 1, 1993, at a rate determined by the Secretary of the Treasury, taking into consideration prevailing market yields, during the month preceding the beginning of the fiscal year in which the related project, facility, or separable unit or feature is placed in service, on outstanding interest-bearing obligations of the United States with periods to maturity comparable to the period between the beginning of the fiscal year and the repayment date for the old capital investment. SEC. 4. INTEREST RATE FOR NEW PRINCIPAL AMOUNTS. As of October 1, 1995, the unpaid balance on the new principal amount established for an old capital investment under section 3 bears interest annually at the Treasury rate for the old capital investment until the earlier of the date that the new principal amount is repaid or the repayment date for the new principal amount. SEC. 5. REPAYMENT DATES. As of October 1, 1995, the repayment date for the new principal amount established for an old capital investment under section 3 is no earlier than the repayment date for the old capital investment assumed in section 3(c)(1). SEC. 6. PREPAYMENT LIMITATIONS. During the period October 1, 1995, through September 30, 2000, the total new principal amounts of old capital investments, as established under section 3, that the Administrator may pay before their respective repayment dates shall not exceed $100,000,000. SEC. 7. INTEREST RATES FOR NEW CAPITAL INVESTMENTS DURING CONSTRUCTION. (a) The principal amount of a new capital investment includes interest in each fiscal year of construction of the related project, facility, or separable unit or feature at a rate equal to the one-year rate for the fiscal year on the sum of-- (1) construction expenditures that were made from the date construction commenced through the end of the fiscal year, and (2) accrued interest during construction. (b) The Administrator is not required to pay, during construction of the project, facility, or separable unit or feature, the interest calculated, accrued, and capitalized under subsection (a). (c) For the purposes of this section, ``one-year rate'' for a fiscal year means a rate determined by the Secretary of the Treasury, taking into consideration prevailing market yields, during the month preceding the beginning of the fiscal year, on outstanding interest- bearing obligations of the United States with periods to maturity of approximately one year. SEC. 8. INTEREST RATES FOR NEW CAPITAL INVESTMENTS. The unpaid balance on the principal amount of a new capital investment bears interest at the Treasury rate for the new capital investment from the date the related project, facility, or separable unit or feature is placed in service until the earlier of the date the new capital investment is repaid or the repayment date for the new capital investment. SEC. 9. APPROPRIATED AMOUNTS. (a) Notwithstanding any other law and without fiscal year limitation, there are appropriated to the Administrator $15.25 million in fiscal year 1996, $15.86 million in fiscal year 1997, $16.49 million in fiscal year 1998, $17.15 million in fiscal year 1999, $17.84 million in fiscal year 2000, and $4.10 million in each succeeding fiscal year so long as the Administrator makes annual payments to the Tribes under the settlement agreement. (b) For the purposes of this section-- (1) ``settlement agreement'' means that settlement agreement between the United States of America and the Confederated Tribes of the Colville Reservation signed by the Tribes on April 16, 1994, and by the United States of America on April 21, 1994, which settlement agreement resolves claims of the Tribes in Docket 181-D of the Indian Claims Commission, which docket has been transferred to the United States Court of Federal Claims; and (2) ``Tribes'' means the Confederated Tribes of the Colville Reservation, a federally recognized Indian Tribe. SEC. 10. CONTRACT PROVISIONS. In each contract of the Administrator that provides for the Administrator to sell electric power, transmission, or related services, and that is in effect after September 30, 1995, the Administrator shall offer to include, or as the case may be, shall offer to amend to include, provisions specifying that after September 30, 1995-- (1) the Administrator shall establish rates and charges on the basis that-- (A) the principal amount of an old capital investment shall be no greater than the new principal amount established under section 3 of this Act; (B) the interest rate applicable to the unpaid balance of the new principal amount of an old capital investment shall be no greater than the interest rate established under section 4 of this Act; (C) any payment of principal of an old capital investment shall reduce the outstanding principal balance of the old capital investment in the amount of the payment at the time the payment is tendered; and (D) any payment of interest on the unpaid balance of the new principal amount of an old capital investment shall be a credit against the appropriate interest account in the amount of the payment at the time the payment is tendered; (2) apart from charges necessary to repay the new principal amount of an old capital investment as established under section 3 of this Act and to pay the interest on the principal amount under section 4 of this Act, no amount may be charged for return to the United States Treasury as repayment for or return on an old capital investment, whether by way of rate, rent, lease payment, assessment, user charge, or any other fee; (3) amounts provided under section 1304 of title 31, United States Code, shall be available to pay, and shall be the sole source for payment of, a judgment against or settlement by the Administrator or the United States on a claim for a breach of the contract provisions required by this Act; and (4) the contract provisions specified in this Act do not-- (A) preclude the Administrator from recovering, through rates or other means, any tax that is generally imposed on electric utilities in the United States, or (B) affect the Administrator's authority under applicable law, including section 7(g) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839e(g)), to-- (i) allocate costs and benefits, including but not limited to fish and wildlife costs, to rates or resources, or (ii) design rates. SEC. 11. SAVINGS PROVISIONS. (a) This Act does not affect the obligation of the Administrator to repay the principal associated with each capital investment, and to pay interest on the principal, only from the ``Administrator's net proceeds,'' as defined in section 13 of the Federal Columbia River Transmission System Act (16 U.S.C. 838k(b)). (b) Except as provided in section 6 of this Act, this Act does not affect the authority of the Administrator to pay all or a portion of the principal amount associated with a capital investment before the repayment date for the principal amount.

Bonneville Power Administration Appropriations Refinancing Act - Prescribes guidelines under which the Administrator of the Bonneville Power Administration is directed to refinance a certain appropriated debt by establishing: (1) a new principal amount for such debt; (2) new interest rates for such debt based on long-term Treasury rates in effect as of the date the principal is reset; and (3) a $100 million limit on prepayments of old capital investments before a certain date. Authorizes appropriations to the Administrator in FY 1996 and thereafter as long as the Administrator makes certain claim settlement payments to the Confederated Tribes of the Colville Reservation. Directs the Administrator to offer to include provisions in future electric power service contracts that preclude further increases in the refinanced principal amount or interest rate obligations to the Government.

Bonneville Power Administration Appropriations Refinancing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haitian-American Enterprise Fund Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The 7.3-magnitude earthquake that struck Haiti on January 12, 2010-- (A) was Haiti's worst natural catastrophe in 200 years; (B) caused the deaths of more than 200,000 people; (C) destroyed 105,000 homes, 50 hospitals and health centers, and 1,300 school and university buildings; and (D) significantly damaged the Presidential Palace, the National Assembly building, and most of the other government buildings in the capital city of Port-au- Prince. (2) Even before the earthquake, Haiti was the poorest country in the Western Hemisphere, with-- (A) 80 percent of the population living below the poverty line; (B) 54 percent of the population in abject poverty; and (C) more than \2/3\ of the labor force believed to lack formal employment. (3) Although Haiti's per capita gross domestic product is among the world's lowest, positive economic growth trends were slowly emerging before the earthquake and Haiti was 1 of 2 Caribbean countries expected to experience positive economic growth in 2009. (4) At a March 2010 meeting convened in Haiti by the Inter- American Development Bank and the United Nations, which brought together Haitian government and private sector leaders to discuss the country's most critical needs, meeting participants agreed that 2 critical catalysts for creating potentially hundreds of thousands of jobs are-- (A) modernizing Haitian policies and infrastructure; and (B) improving the flow of foreign private investment into Haiti. (5) In section 201(b)(1) of the Support for East European Democracy Act of 1989 (Public Law 101-279; 22 U.S.C. 5421), Congress authorized USAID to provide a grant of $240,000,000 to the Polish-American Enterprise Fund (referred to in this section as the ``Polish Fund''), which was organized and incorporated on April 27, 1990. (6) The Polish Fund-- (A) used the USAID grant to raise $2,300,000,000 in private funds for investment in Poland; and (B) used the reflows from the USAID grant to establish the Polish-American Freedom Foundation, whose endowment exceeds $250,000,000. (7) The success of the Polish Fund in attracting private investment to Poland and in creating a legacy foundation from its reflows represents a useful model for other Enterprise Funds. (8) Enterprise Funds have enjoyed success in poorer and less developed countries, such as Albania, where the Albanian- American Enterprise Fund played a pivotal role in helping to develop the banking sector, privatizing and modernizing the airport, and expanding access to international trade and investment. (9) Enterprise Funds in Albania, the Baltic States, Hungary, Poland, Russia, and other countries have created and supported programs that have contributed to the growth of an entrepreneurial middle class. (10) A professional and well-managed Haitian-American Enterprise Fund, drawing upon the experience of members of the Boards of Directors of prior Enterprise Funds, could achieve similar success. (11) The programs run by the Enterprise Funds in other countries, which could also be run in Haiti, include microloans, carefully designed and monitored mortgage programs, and small business loans that would create the infrastructure and investment climate needed to begin to build an entrepreneurial middle class in Haiti. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to promote the Haitian private sector, including small businesses, the agricultural sector, and joint ventures with United States and Haitian participants; and (2) to promote policies and practices conducive to the private sector in Haiti through loans, grants, equity investments, feasibility studies, technical assistance, training, insurance, guarantees, and other measures. SEC. 4. HAITIAN-AMERICAN ENTERPRISE FUND. (a) Designation.--The President is authorized to designate a private, nonprofit organization to receive funds and support made available under this Act after determining that such organization has been established for the purposes specified in section 3. The President should make such designation only after consultation with the leadership of each House of Congress. The organization designated under this subsection shall be known as the ``Haitian-American Enterprise Fund''. (b) Board of Directors.-- (1) Appointment.--The Haitian-American Enterprise Fund shall be governed by a Board of Directors, which shall be comprised of 7 private citizens of the United States or Haiti, appointed by the President, of which not more than 3 may be citizens of Haiti or United States citizens of Haitian descent. (2) Qualifications.--Member of the Board of Directors shall be selected from among people who have had successful business careers in private equity, banking, or finance that is similar to the experience of individuals who previously served on the Board of Directors of a successful Enterprise Fund established by the United States Government on or after January 1, 1990. (3) Additional board members.--Upon the recommendation of the Board of Directors, the President may appoint up to 2 additional members to the Board (beyond the number of Directors specified in paragraph (1)), of which not more than 1 may be a citizen of Haiti or a United States citizen of Haitian descent. (c) Grants.-- (1) In general.--Amounts appropriated to the President pursuant to section 8 shall be granted to the Haitian-American Enterprise Fund by the United States Agency for International Development to enable the Fund to carry out the purposes specified in section 3 and for the administrative expenses of the Fund. (2) Eligible programs and projects.--Grants awarded under this section may only be used for programs and projects that support the purposes set forth in section 3. (3) Compliance requirement.-- (A) In general.--Grants may not be awarded to the Haitian-American Enterprise Fund under this section unless the Fund agrees to comply with the requirements under this section. (B) Grant agreement.--The grant agreement between the United States Agency for International Development (``USAID'') and the Haitian-American Enterprise Fund shall state that the Fund shall liquidate its assets and dissolve not later than December 31, 2020, unless the USAID Administrator determines, after consultation with the appropriate congressional committees, that the Fund should be extended. (C) Disposition of assets.--All assets of the Haitian-American Enterprise Fund at the time the Fund is dissolved shall be used by the Board of Directors to organize and endow a follow-on United States-Haitian legacy foundation. (d) Notification.-- (1) In general.--Not later than 15 days before designating an organization to operate as the Haitian-American Enterprise Fund pursuant to subsection (a), the President shall provide the information described in paragraph (2) to the Chairman and Ranking Member of the appropriate congressional committees. (2) Information.--The information described in this paragraph is-- (A) the identity of the organization to be designated to operate as the Haitian-American Enterprise Fund pursuant to subsection (a); and (B) the names and qualifications of the individuals who will comprise the Initial Board. (e) Defined Term.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. SEC. 5. OPERATION PROVISIONS. (a) Applicable Provisions.--Subsections (d)(5), (g), (h), (i), (k), (l), (m), (n), (o), and (p) of section 201 of the Support for East European Democracy (SEED) Act of 1989 (Public Law 101-179; 22 U.S.C. 5421) shall apply with respect to the Haitian-American Enterprise Fund in the same manner as such provisions apply to Enterprise Funds designated pursuant to subsection (d) of such section. (b) Reinvestment.--Returns on investments of the Haitian-American Enterprise Fund and other payments to the Fund may be reinvested in projects carried out by the Fund without further appropriation by Congress. SEC. 6. BEST PRACTICES AND PROCEDURES. To the maximum extent practicable, the Board of Directors of the Haitian-American Enterprise Fund should adopt the best practices and procedures used by Enterprise Funds, including those for which funding has been made available pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (Public Law 101-179; 22 U.S.C. 5421). SEC. 7. EXPERIENCE OF OTHER ENTERPRISE FUNDS. In implementing this Act, the President shall ensure that the Articles of Incorporation of the Haitian-American Enterprise Fund (including provisions specifying the responsibilities of the Board of Directors of the Fund), the terms of United States Government grant agreements with the Fund, and United States Government oversight of the Fund are, to the maximum extent practicable, consistent with the Articles of Incorporation of, the terms of grant agreements with, and the oversight of the Enterprise Funds established pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) and comparable provisions of law. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the President $100,000,000, which shall be used to provide funding for grants to the Haitian-American Enterprise Fund, which shall be used for the purposes specified in section 3. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. (c) Nonapplicability of Other Laws.--Amounts appropriated pursuant to subsection (a) may be used to carry out this Act notwithstanding any other provision of law.

Haitian-American Enterprise Fund Act - Authorizes the President, after congressional consultation, to designate one private, nonprofit organization as the Haitian-American Enterprise Fund to receive funds and support under this Act to promote the Haitian private and agricultural sectors and joint U.S.-Haitian ventures through loans, grants, equity investments, technical assistance, training, and insurance. States that: (1) a grant agreement between the United States Agency for International Development (USAID) and the Fund shall require the Fund to liquidate its assets and dissolve not later than December 31, 2020, unless USAID determines that the Fund should be extended; and (2) all Fund assets remaining at such time shall be used to organize a follow-on U.S.-Haiti legacy foundation. Applies the enterprise fund provisions of the Support for East European Democracy (SEED) Act of 1989 to the Fund in the same manner as such provisions apply to other similar U.S.-established enterprise funds. Authorizes appropriations.

A bill to promote the strengthening of the Haitian private sector.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women and HIV Outreach and Prevention Act''. SEC. 2. PREVENTIVE HEALTH PROGRAMS REGARDING WOMEN AND HUMAN IMMUNODEFICIENCY VIRUS. Title XXV of the Public Health Service Act (42 U.S.C. 300ee et seq.) is amended by adding at the end the following part: ``Part C--Programs for Women ``SEC. 2531. PREVENTIVE HEALTH SERVICES. ``(a) In General.--The Secretary may make grants for the following purposes: ``(1) Providing to women preventive health services that are related to acquired immune deficiency syndrome, including-- ``(A) counseling on the prevention of infection with, and the transmission of, the etiologic agent for such syndrome; and ``(B) screening women for infection with such agent. ``(2) Providing appropriate referrals regarding the provision of other services to women who are receiving services pursuant to paragraph (1), including, as appropriate, referrals for treatment for such infection, referrals for treatment for substance abuse, mental health services, referrals regarding pregnancy, childbirth, and pediatric care, and referrals for housing services. ``(3) Providing follow-up services regarding such referrals, to the extent practicable. ``(4) Improving referral arrangements for purposes of paragraph (2). ``(5) In the case of a woman receiving services pursuant to any of paragraphs (1) through (3), providing to the partner of the woman the services described in such paragraphs, as appropriate. ``(6) With respect to the services specified in paragraphs (1) through (5)-- ``(A) providing outreach services to inform women of the availability of such services; and ``(B) providing training regarding the effective provision of such services. ``(b) Minimum Qualifications of Grantees.--The Secretary may make a grant under subsection (a) only if the applicant for the grant is a grantee under section 329, section 330, or section 1001, or is another public or nonprofit private entity that provides health or voluntary family planning services to a significant number of low-income women in a culturally sensitive and language appropriate manner. ``(c) Confidentiality.--The Secretary may make a grant under subsection (a) only if the applicant for the grant agrees to maintain the confidentiality of information on individuals regarding screenings pursuant to subsection (a), subject to complying with applicable law. ``(d) Application for Grant.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out such subsection. ``(e) Evaluations and Reports.-- ``(1) Evaluations.--The Secretary shall, directly or through contracts with public or private entities, provide for evaluations of projects carried out pursuant to subsection (a). ``(2) Reports.--Not later than 1 year after the date on which amounts are first appropriated under subsection (f), and annually thereafter, the Secretary shall submit to the Congress a report summarizing evaluations carried out under paragraph (1) during the preceding fiscal year. ``(f) Authorizations of Appropriations.-- ``(1) Title x clinics.--For the purpose of making grants under subsection (a) to entities that are grantees under section 1001, and for the purpose of otherwise carrying out this section with respect to such grants, there are authorized to be appropriated $30,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996. ``(2) Community and migrant health centers; other providers.--For the purpose of making grants under subsection (a) to entities that are grantees under section 329 or 330, and to other entities described in subsection (b) that are not grantees under section 1001, and for the purpose of otherwise carrying out this section with respect to such grants, there are authorized to be appropriated $20,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996. ``SEC. 2532. PUBLIC EDUCATION. ``(a) In General.--The Secretary may make grants for the purpose of developing and carrying out programs to educate women on the prevention of infection with, and the transmission of, the etiologic agent for acquired immune deficiency syndrome. ``(b) Minimum Qualifications of Grantees.--The Secretary may make a grant under subsection (a) only if the applicant involved is a public or nonprofit private entity that is experienced in carrying out health- related activities for women, with a priority given to such entities that have successfully targeted women of color. ``(c) Application for Grant.--The Secretary may make a grant under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out such subsection. ``(d) Evaluations and Reports.-- ``(1) Evaluations.--The Secretary shall, directly or through contracts with public or private entities, provide for evaluations of projects carried out pursuant to subsection (a). ``(2) Reports.--Not later than 1 year after the date on which amounts are first appropriated under subsection (e), and annually thereafter, the Secretary shall submit to the Congress a report summarizing evaluations carried out under paragraph (1) during the preceding fiscal year. ``(e) Authorizations of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. SEC. 3. TREATMENT OF WOMEN FOR SUBSTANCE ABUSE. Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.), as amended by section 108 of Public Law 102-321 (106 Stat. 336), is amended by inserting after section 509 the following section: ``treatment of women for substance abuse ``Sec. 509A. (a) In General.--The Director of the Center for Substance Abuse Treatment may make awards of grants, cooperative agreements, and contracts for the purpose of carrying out programs-- ``(1) to provide treatment for substance abuse to women, including women with dependent children; ``(2) to provide to such women counseling on the prevention of infection with, and the transmission of, the etiologic agent for acquired immune deficiency syndrome; and ``(3) to provide such counseling to women who are the partners of individuals who engage in such abuse. ``(b) Authorization of Appropriations.--For the purpose of carrying out subsection (a), there are authorized to be appropriated $20,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''. SEC. 4. EARLY INTERVENTION SERVICES FOR WOMEN. Section 2655 of the Public Health Service Act (42 U.S.C. 300ff-55) is amended-- (1) by striking ``For the purpose of'' and inserting ``(a) In General.--For the purpose of''; and (2) by adding at the end the following subsection: ``(b) Programs for Women.--For the purpose of making grants under section 2651 to provide to women early intervention services described in such section, and for the purpose of providing technical assistance under section 2654(b) with respect to such grants, there are authorized to be appropriated $20,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996.''.

Women and HIV Outreach and Prevention Act - Amends the Public Health Service Act to authorize grants, with regard to women (and their partners) and acquired immune deficiency syndrome (AIDS), for preventive health services, referrals, follow-ups, outreach, and training on the effective provision of such services. Authorizes appropriations. Authorizes grants to educate women on the prevention of infection with, and the transmission of, the etiologic agent for AIDS. Authorizes appropriations. Authorizes grants, cooperative agreements, and contracts to provide: (1) substance abuse treatment to women; (2) counseling to women who engage in substance abuse on the prevention of infection with, and the transmission of, the etiologic agent for AIDS; and (3) such counseling to women who are the partners of individuals who abuse substances. Authorizes appropriations.

Women and HIV Outreach and Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Diamond Trade Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Funds derived from the sale of rough diamonds are being used by rebels and state actors to finance military activities, overthrow legitimate governments, subvert international efforts to promote peace and stability, and commit horrifying atrocities against unarmed civilians. During the past decade, more than 6,500,000 people from Sierra Leone, Angola, and the Democratic Republic of the Congo have been driven from their homes by wars waged in large part for control of diamond mining areas. A million of these are refugees eking out a miserable existence in neighboring countries, and tens of thousands have fled to the United States. Approximately 3,700,000 people have died during these wars. (2) The countries caught in this fighting are home to nearly 70,000,000 people whose societies have been torn apart not only by fighting but also by terrible human rights violations. (3) Human rights advocates, the diamond trade as represented by the World Diamond Council, and the United States Government recently began working to block the trade in conflict diamonds. Their efforts have helped to build a consensus that action is urgently needed to end the trade in conflict diamonds. (4) The United Nations Security Council has acted at various times under chapter VII of the Charter of the United Nations to address threats to international peace and security posed by conflicts linked to diamonds. Through these actions, it has prohibited all states from exporting weapons to certain countries affected by such conflicts. It has further required all states to prohibit the direct and indirect import of rough diamonds from Angola and Sierra Leone unless the diamonds are controlled under specified certificate of origin regimes and to prohibit absolutely for a period of 12 months the direct and indirect import of rough diamonds from Liberia. (5) In response, the United States implemented sanctions restricting the importation of rough diamonds from Angola and Sierra Leone to those diamonds accompanied by specified certificates of origin and fully prohibiting the importation of rough diamonds from Liberia. In order to put an end to the emergency situation in international relations, to maintain international peace and security, and to protect its essential security interests, and pursuant to its obligations under the United Nations Charter, the United States is now taking further action against trade in conflict diamonds. (6) Without effective action to eliminate trade in conflict diamonds, the trade in legitimate diamonds faces the threat of a consumer backlash that could damage the economies of countries not involved in the trade in conflict diamonds and penalize members of the legitimate trade and the people they employ. To prevent that, South Africa and more than 30 other countries are involved in working, through the ``Kimberley Process'', toward devising a solution to this problem. As the consumer of a majority of the world's supply of diamonds, the United States has an obligation to help sever the link between diamonds and conflict and press for implementation of an effective solution. (7) Failure to curtail the trade in conflict diamonds or to differentiate between the trade in conflict diamonds and the trade in legitimate diamonds could have a severe negative impact on the legitimate diamond trade in countries such as Botswana, Namibia, South Africa, and Tanzania. (8) Initiatives of the United States seek to resolve the regional conflicts in sub-Saharan Africa which facilitate the trade in conflict diamonds. SEC. 3. DEFINITIONS. In this Act: (1) Conflict diamonds.--The term ``conflict diamonds'' means rough diamonds the import of which is prohibited by United Nations Security Council Resolutions because that trade is fueling conflict. (2) Diamonds.--The term ``diamonds'' means diamonds classifiable under subheading 7102.31.00 or subheading 7102.39.00 of the Harmonized Tariff Schedule of the United States. (3) Polished diamonds.--The term ``polished diamonds'' means diamonds classifiable under subheading 7102.39.00 of the Harmonized Tariff Schedule of the United States. (4) Rough diamonds.--The term ``rough diamonds'' means diamonds that are unworked, or simply sawn, cleaved, or bruted, classifiable under subheading 7102.31.00 of the Harmonized Tariff Schedule of the United States. (5) United states.--The term ``United States'', when used in the geographic sense, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. SEC. 4. MEASURES TO PREVENT IMPORTS OF CONFLICT DIAMONDS. (a) Authority of the President.--The President may prohibit, in whole or in part, imports of rough diamonds into the United States from any country that does not take effective measures to stop trade in conflict diamonds as long as the prohibition is-- (1) necessary to protect the essential security interests of the United States, or pursuant to United Nations Security Council Resolutions on conflict diamonds; and (2) consistent with the foreign policy interests of the United States, including the international obligations of the United States. (b) Effective Measures.--For purposes of this Act, effective measures are measures that-- (1) meet the requirements of United Nations Security Council Resolutions on trade in conflict diamonds; (2) meet the requirements of an international arrangement on conflict diamonds as long as the measures also meet the requirements of United Nations Security Council Resolutions on trade in conflict diamonds; or (3) contain the following elements, or their functional equivalent, if such elements are sufficient to meet the requirements of United Nations Security Council Resolutions on trade in conflict diamonds: (A) With respect to exports from countries where rough diamonds are extracted, secure packaging, accompanied by officially validated documentation certifying the country of origin, total carat weight, and value. (B) With respect to exports from countries where rough diamonds are extracted, a system of verifiable controls on rough diamonds from mine to export. (C) With respect to countries that reexport rough diamonds, a system of controls designed to ensure that no conflict diamonds have entered the legitimate trade in rough diamonds. (D) Verifiable recordkeeping by all companies and individuals engaged in mining, import, and export of rough diamonds within the territory of the exporting country, subject to inspection and verification by authorized government authorities in accordance with national regulations. (E) Government publication on a periodic basis of official rough diamond export and import statistics. (F) Implementation of proportionate and dissuasive penalties against any persons who violate laws and regulations designed to combat trade in conflict diamonds. (G) Full cooperation with the United Nations or other official international bodies examining the trade in conflict diamonds, especially with respect to any inspection and monitoring of the trade in rough diamonds. (c) Exclusions.--The provisions of this section do not apply to-- (1) rough diamonds imported by or on behalf of a person for personal use and accompanying a person upon entry into the United States; (2) rough diamonds previously exported from the United States and reimported by the same importer, without having been advanced in value or improved in condition by any process or other means while abroad, if the importer declares that the reimportation of the rough diamonds satisfies the requirements of this paragraph; or (3) rough diamonds for which the importer provides evidence to the satisfaction of the United States Customs Service (or analogous officials of a territory or possession of the United States with its own customs administration) that the importation does not include conflict diamonds. SEC. 5. PROHIBITION OF POLISHED DIAMONDS AND JEWELRY. The President may prohibit specific entries of polished diamonds and jewelry containing diamonds if the President has credible evidence that such polished diamonds and jewelry were produced with conflict diamonds. SEC. 6. ENFORCEMENT. Diamonds and jewelry containing diamonds imported into the United States in violation of any prohibition imposed under section 4 or 5 are subject to the seizure and forfeiture laws, and all criminal and civil laws of the United States shall apply, to the same extent as any other violation of the customs and navigation laws of the United States. SEC. 7. REPORTS. (a) Annual Reports.--Not later than one year after the effective date of this Act, and every 12 months thereafter, the President shall transmit to Congress a report-- (1) describing actions taken by countries that have exported rough diamonds to the United States during the preceding 12-month period to implement effective measures to stop trade in conflict diamonds; (2) identifying those countries that have exported rough diamonds to the United States during the preceding 12-month period and are not implementing effective measures to stop trade in conflict diamonds and whose failure to do so has significantly increased the likelihood that conflict diamonds are being imported into the United States; (3) describing appropriate actions, which may include actions under sections 4 and 5, that may be taken by the United States, or actions that may be taken or are being taken by each country identified under paragraph (2), to ensure that conflict diamonds are not being imported into the United States from such country; and (4) identifying any additional countries involved in conflicts linked to rough diamonds that are not the subject of United Nations Security Council Resolutions on conflict diamonds. (b) Semiannual Reports.--For each country identified in subsection (a)(2), the President shall, every 6 months after the initial report in which the country was identified, transmit to Congress a report that explains what actions have been taken by the United States or such country since the previous report to ensure that conflict diamonds are not being imported from that country into the United States. The requirement to issue a semiannual report with respect to a country under this subsection shall remain in effect until such time as the country implements effective measures. SEC. 8. GAO REPORT. Not later than 3 years after the effective date of this Act, the Comptroller General of the United States shall transmit a report to Congress on the effectiveness of the provisions of this Act in preventing the importation of conflict diamonds under section 4. The Comptroller General shall include in the report any recommendations on any modifications to this Act that may be necessary. SEC. 9. SENSE OF CONGRESS. (a) International Arrangement.--It is the sense of Congress that the President should take the necessary steps to negotiate an international arrangement, working in concert with the Kimberley Process referred to in section 2(6), to eliminate the trade in conflict diamonds. Such an international arrangement should create an effective global system of controls covering countries that export and import rough diamonds, and should contain the elements described in section 4(b)(3). (b) Additional Security Council Resolutions.--It is the sense of Congress that the President should take the necessary steps to seek United Nations Security Council Resolutions with respect to trade in diamonds from additional countries identified under section 7(a)(4). (c) Trade in Legitimate Diamonds.--It is the sense of Congress that the provisions of this Act should not impede the trade in legitimate diamonds with countries which are working constructively to eliminate trade in conflict diamonds, including through the negotiation of an effective international arrangement to eliminate trade in conflict diamonds. (d) Implementation of Effective Measures.--It is the sense of Congress that companies involved in diamond extraction and trade should make financial contributions to countries seeking to implement any effective measures to stop trade in conflict diamonds described in section 4(b), if those countries would have financial difficulty implementing those measures. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the President $5,000,000 for each of fiscal years 2002 and 2003 to provide assistance to countries seeking to implement any effective measures to stop trade in conflict diamonds described in section 4(b), if those countries would have financial difficulty implementing those measures. SEC. 11. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act. Passed the House of Representatives November 28, 2001. Attest: JEFF TRANDAHL, Clerk.

Clean Diamond Trade Act - Authorizes the President to prohibit imports of rough diamonds (with specified exceptions) into the United States from any country that does not take certain measures to stop trade in conflict diamonds as long as such prohibition is necessary to protect the essential security interests of the United States (or pursuant to United Nations (UN) Security Council Resolutions on conflict diamonds), and is consistent with U.S. foreign policy interests, including its international obligations.(Sec. 5) Authorizes the President to prohibit specific entries of polished diamonds and jewelry containing diamonds if the President has credible evidence that such polished diamonds and jewelry were produced with conflict diamonds.(Sec. 6) Sets forth both civil and criminal penalties for the import of prohibited diamonds and jewelry into the United States.(Sec. 7) Requires the President to report to Congress with respect to those countries that are involved in the export of conflict diamonds to the United States, including measures taken by the United States and such countries to ensure that such diamonds are not being imported into the United States.(Sec. 8) Requires the Comptroller General of the United States to report to Congress on the effectiveness of the provisions of this Act in preventing the importation of conflict diamonds into the United States.(Sec. 9) Expresses the sense of Congress that: (1) the President should take the necessary steps to negotiate an international agreement to eliminate the trade in conflict diamonds and seek UN Security Council Resolutions for countries that are involved in conflicts linked to rough diamonds; (2) the provisions of this Act should not impede the trade in legitimate diamonds with countries that are working to eliminate trade in conflict diamonds, including through the negotiation of an effective international agreement to eliminate trade in conflict diamonds; and (3) companies involved in diamond extraction and trade should make financial contributions to countries seeking to implement measures to stop trade in conflict diamonds if such countries would have financial difficulty implementing such measures.(Sec. 10) Authorizes appropriations.

To implement effective measures to stop trade in conflict diamonds, and for other purposes.

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The placement of commercial telecommunications, radio, or television towers near homes can greatly reduce the value of such homes, destroy the views from such homes, and reduce substantially the desire to live in such homes. (2) States and localities should be able to exercise control over the siting and modification of such towers through the use of zoning, planned growth, and other controls relating to the protection of the environment and public safety. (3) There are alternatives to the construction of towers to meet telecommunications and broadcast needs, including the co- location of antennae on existing towers or structures, towerless PCS-Over-Cable telephone service, satellite television systems, low-Earth orbit satellite communication networks, and other alternative technologies. (4) There are alternative methods of designing towers to meet telecommunications and broadcast needs, including the use of small towers that do not require blinking aircraft safety lights, break skylines, or protrude above tree canopies and that are camouflaged or disguised to blend with their surroundings, or both. (5) On August 19, 1997, the Federal Communications Commission issued a proposed rule, MM Docket No. 97-182, which would preempt the application of State and local zoning and land use ordinances regarding the placement of broadcast transmission facilities. It is in the interest of the Nation that the Commission not adopt this rule. (6) It is in the interest of the Nation that the memoranda opinions and orders and proposed rules of the Commission with respect to application of certain ordinances to the placement of such towers (WT Docket No. 97-192, ET Docket No. 93-62, RM- 8577, and FCC 97-303, 62 F.R. 47960) be modified in order to permit State and local governments to exercise their zoning and land use authorities, and their power to protect public health and safety, to regulate the placement of telecommunications or broadcast towers and to place the burden of proof in civil actions, and in actions before the Commission relating to the placement of such towers, on the person or entity that seeks to place, construct, or modify such towers. (7) PCS-Over-Cable or satellite telecommunications systems, including low-Earth orbit satellites, offer a significant opportunity to provide so-called ``911'' emergency telephone service throughout much of the United States. (8) According to the Comptroller General, the Commission does not consider itself a health agency and turns to health and radiation experts outside the Commission for guidance on the issue of health effects of radio frequency exposure. (9) The Federal Aviation Administration does not have the authority to regulate the siting of personal wireless telephone or broadcast transmission towers near airports or high-volume air traffic areas such as corridors of airspace or commonly used flyways. The Commission's proposed rules to preempt State and local zoning and land-use restrictions for the siting of such towers will have a serious negative impact on aviation safety, airport capacity and investment, and the efficient use of navigable airspace. (b) Purposes.--The purposes of this Act are as follows: (1) To repeal certain limitations on State and local authority regarding the placement, construction, and modification of personal wireless service towers and related facilities as such limitations arise under section 332(c)(7) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)). (2) To permit State and local governments-- (A) in cases where the placement, construction, or modification of personal wireless service telephone and broadcast towers and other facilities is inconsistent with State and local requirements or decisions, to require the use of alternative telecommunication or broadcast technologies when such alternative technologies are available; and (B) to regulate the placement of such towers so that their location or modification will not interfere with the safe and efficient use of public airspace or otherwise compromise or endanger public safety. SEC. 2. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF BROADCAST TRANSMISSION AND OTHER TELECOMMUNICATIONS FACILITIES. (a) Repeal of Limitations on Regulation of Personal Wireless Facilities.--Section 332(c)(7)(B) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(B)) is amended-- (1) in clause (i), by striking ``thereof--'' and all that follows through the end and inserting ``thereof shall not unreasonably discriminate among providers of functionally equivalent services.''; (2) by striking clause (iv); (3) by redesignating clause (v) as clause (iv); and (4) in clause (iv), as so redesignated-- (A) in the first sentence, by striking ``30 days after such action or failure to act'' and inserting ``30 days after exhaustion of any administrative remedies with respect to such action or failure to act''; and (B) by striking the third sentence and inserting the following: ``In any such action in which a person seeking to place, construct, or modify a tower facility is a party, such person shall bear the burden of proof.''. (b) Prohibition on Adoption of Rule Regarding Preemption of State and Local Authority Over Broadcast Transmission Facilities.-- Notwithstanding any other provision of law, the Federal Communications Commission may not adopt as a final rule the proposed rule set forth in ``Preemption of State and Local Zoning and Land Use Restrictions on Siting, Placement and Construction of Broadcast Station Transmission Facilities'', MM Docket No. 97-182, released August 19, 1997. (c) Authority Over Placement, Construction, and Modification of Other Transmission Towers.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 337. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND MODIFICATION OF TELECOMMUNICATIONS AND BROADCAST TOWERS. ``(a) In General.--Notwithstanding any other provision of this Act, no provision of this Act may be interpreted to authorize any person to place, construct, or modify a broadcast tower or telecommunications tower in a manner that is inconsistent with State or local law, or contrary to an official decision of the appropriate State or local government entity having authority to approve, license, modify, or deny an application to place, construct, or modify a tower, if alternate technology is capable of delivering the broadcast or telecommunications signals without the use of a tower. ``(b) Authority Regarding Production of Safety Studies.--No provision of this Act may be interpreted to prohibit a State or local government from-- ``(1) requiring a person seeking authority to locate telecommunications facilities or broadcast transmission facilities within the jurisdiction of such government to produce-- ``(A) environmental studies, engineering reports, or other documentation of the compliance of such facilities with radio frequency exposure limits established by the Commission; and ``(B) documentation of the compliance of such facilities with applicable Federal, State, and local aviation safety standards or aviation obstruction standards regarding objects effecting navigable airspace; or ``(2) refusing to grant authority to such person to locate such facilities within the jurisdiction of such government if such person fails to produce any studies, reports, or documentation required under paragraph (1).''.

Amends the Communications Act of 1934 to: (1) repeal a provision which prohibits a State or local government from regulating the placement, construction, or modification of personal wireless service facilities (communications towers) on the basis of the environmental effects of frequency emissions from such facilities when such facilities comply with Federal Communications Commission (FCC) regulations; (2) allow any person adversely affected by any final action or failure to act by a State or local government with respect to such facilities to commence an action in any court of competent jurisdiction within 30 days after exhaustion of any administrative remedies; (3) require that, in any action in which a person seeking to place, construct, or modify such a facility is a party, such person bear the burden of proof of its necessity; and (4) prohibit the FCC from adopting as a final rule a certain proposed rule which would preempt State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities. Prohibits any provision of such Act from being interpreted to: (1) authorize any person to place, construct, or modify a broadcast or telecommunications tower in a manner that is inconsistent with State or local law or contrary to an official State decision if alternate technology is capable of delivering the broadcast or telecommunications signals without the use of such a tower; or (2) prohibit a State or local government from requiring a person seeking authority to locate such facilities within a local jurisdiction to produce appropriate documentation of compliance with FCC radio frequency exposure limits and aviation safety standards. Authorizes such State or local government to refuse to grant such location authority to any person who fails to produce such documentation.

A bill to amend the Communications Act of 1934 to clarify State and local authority to regulate the placement, construction, and modification of broadcast transmission and telecommunications facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unborn Victims of Violence Act of 2001''. SEC. 2. PROTECTION OF UNBORN CHILDREN. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 90 the following: ``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN ``Sec. ``1841. Protection of unborn children. ``Sec. 1841. Protection of unborn children ``(a)(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child. ``(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being. ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are the following: ``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title. ``(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)). ``(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283). ``(c) Nothing in this section shall be construed to permit the prosecution-- ``(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; ``(2) of any person for any medical treatment of the pregnant woman or her unborn child; or ``(3) of any woman with respect to her unborn child. ``(d) As used in this section, the term `unborn child' means a child in utero, and the term `child in utero' or `child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 90 the following new item: ``90A. Protection of unborn children........................ 1841''. SEC. 3. MILITARY JUSTICE SYSTEM. (a) Protection of Unborn Children.--Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 919 (article 119) the following new section: ``Sec. 919a. Art. 119a. Causing death of or bodily injury to unborn children ``(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under this chapter for that conduct had that injury or death occurred to the unborn child's mother. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the accused intended to cause the death of, or bodily injury to, the unborn child. ``(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under subparagraph (A), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being. ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128). ``(c) Nothing in this section shall be construed to permit the prosecution-- ``(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; ``(2) of any person for any medical treatment of the pregnant woman or her unborn child; or ``(3) of any woman with respect to her unborn child. ``(d) In this section, the term `unborn child' means a child in utero, and the term `child in utero' or `child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.''. (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 919 the following new item: ``919a. Art. 119a. Causing death of or bodily injury to unborn children.''. Passed the House of Representatives April 26, 2001. Attest: JEFF TRANDAHL, Clerk.

Unborn Victims of Violence Act of 2001 - Provides that: (1) whoever engages in conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles the Uniform Code of Military Justice (conduct constituting certain Federal violent crimes) and thereby causes the death of, or bodily injury to, a child who is in utero, shall be guilty of a separate offense; and (2) the punishment for that separate offense shall be the same as that provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother.Specifies that a violation of such provisions does not require proof that: (1) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to cause the death of, or bodily injury to, the unborn child. Directs that if the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under the Federal criminal code for intentionally killing or attempting to kill a human being. Prohibits imposition of the death penalty for an offense under this Act.Bars prosecution under this Act: (1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child.

To amend title 18, United States Code, and the Uniform Code of Military Justice to protect unborn children from assault and murder, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bonneville Power Administration Appropriations Refinancing Act''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) The term ``Administrator'' means the Administrator of the Bonneville Power Administration. (2) The term ``capital investment'' means a capitalized cost funded by Federal appropriations that-- (A) is for a project, facility, or separable unit or feature of a project or facility; (B) is a cost for which the Administrator is required by law to establish rates to repay to the United States Treasury through the sale of electric power, transmission, or other services; (C) excludes a Federal irrigation investment; and (D) excludes an investment financed by the current revenues of the Administrator or by bonds issued and sold, or authorized to be issued and sold, by the Administrator under section 13 of the Federal Columbia River Transmission System Act (16 U.S.C. 838(k)). (3) The term ``new capital investment'' means a capital investment for a project, facility, or separable unit or feature of a project or facility, placed in service after September 30, 1995. (4) The term ``old capital investment'' means a capital investment whose capitalized cost-- (A) was incurred, but not repaid, before October 1, 1995; and (B) was for a project, facility, or separable unit or feature of a project or facility, placed in service before October 1, 1995. (5) The term ``repayment date'' means the end of the period within which the Administrator's rates are to assure the repayment of the principal amount of a capital investment. (6) The term ``Treasury rate'' means-- (A) for an old capital investment, a rate determined by the Secretary of the Treasury, taking into consideration prevailing market yields, during the month preceding October 1, 1995, on outstanding interest-bearing obligations of the United States with periods to maturity comparable to the period between October 1, 1995, and the repayment date for the old capital investment; and (B) for a new capital investment, a rate determined by the Secretary of the Treasury, taking into consideration prevailing market yields, during the month preceding the beginning of the fiscal year in which the related project, facility, or separable unit or feature is placed in service, on outstanding interest-bearing obligations of the United States with periods to maturity comparable to the period between the beginning of the fiscal year and the repayment date for the new capital investment. SEC. 3. NEW PRINCIPAL AMOUNTS. (a) Effective October 1, 1995, an old capital investment has a new principal amount that is the sum of-- (1) the present value of the old payment amounts for the old capital investment, calculated using a discount rate equal to the Treasury rate for the old capital investment; and (2) an amount equal to $100,000,000 multiplied by a fraction whose numerator is the principal amount of the old payment amounts for the old capital investment and whose denominator is the sum of the principal amounts of the old payment amounts for all old capital investments. (b) With the approval of the Secretary of the Treasury based solely on consistency with this Act, the Administrator shall determine the new principal amounts under section 3 and the assignment of interest rates to the new principal amounts under section 4. (c) For the purposes of this section, ``old payment amounts'' means, for an old capital investment, the annual interest and principal that the Administrator would have paid to the United States Treasury from October 1, 1995, if this Act were not enacted, assuming that-- (1) the principal were repaid-- (A) on the repayment date the Administrator assigned before October 1, 1993, to the old capital investment, or (B) with respect to an old capital investment for which the Administrator has not assigned a repayment date before October 1, 1993, on a repayment date the Administrator shall assign to the old capital investment in accordance with paragraph 10(d)(1) of the version of Department of Energy Order RA 6120.2 in effect on October 1, 1993; and (2) interest were paid-- (A) at the interest rate the Administrator assigned before October 1, 1993, to the old capital investment, or (B) with respect to an old capital investment for which the Administrator has not assigned an interest rate before October 1, 1993, at a rate determined by the Secretary of the Treasury, taking into consideration prevailing market yields, during the month preceding the beginning of the fiscal year in which the related project, facility, or separable unit or feature is placed in service, on outstanding interest-bearing obligations of the United States with periods to maturity comparable to the period between the beginning of the fiscal year and the repayment date for the old capital investment. SEC. 4. INTEREST RATE FOR NEW PRINCIPAL AMOUNTS. As of October 1, 1995, the unpaid balance on the new principal amount established for an old capital investment under section 3 bears interest annually at the Treasury rate for the old capital investment until the earlier of the date that the new principal amount is repaid or the repayment date for the new principal amount. SEC. 5. REPAYMENT DATES. As of October 1, 1995, the repayment date for the new principal amount established for an old capital investment under section 3 is no earlier than the repayment date for the old capital investment assumed in section 3(c)(1). SEC. 6. PREPAYMENT LIMITATIONS. During the period October 1, 1995, through September 30, 2000, the total new principal amounts of old capital investments, as established under section 3, that the Administrator may pay before their respective repayment dates shall not exceed $100,000,000. SEC. 7. INTEREST RATES FOR NEW CAPITAL INVESTMENTS DURING CONSTRUCTION. (a) The principal amount of a new capital investment includes interest in each fiscal year of construction of the related project, facility, or separable unit or feature at a rate equal to the one-year rate for the fiscal year on the sum of-- (1) construction expenditures that were made from the date construction commenced through the end of the fiscal year, and (2) accrued interest during construction. (b) The Administrator is not required to pay, during construction of the project, facility, or separable unit or feature, the interest calculated, accrued, and capitalized under subsection (a). (c) For the purposes of this section, ``one-year rate'' for a fiscal year means a rate determined by the Secretary of the Treasury, taking into consideration prevailing market yields, during the month preceding the beginning of the fiscal year, on outstanding interest- bearing obligations of the United States with periods to maturity of approximately one year. SEC. 8. INTEREST RATES FOR NEW CAPITAL INVESTMENTS. The unpaid balance on the principal amount of a new capital investment bears interest at the Treasury rate for the new capital investment from the date the related project, facility, or separable unit or feature is placed in service until the earlier of the date the new capital investment is repaid or the repayment date for the new capital investment. SEC. 9. APPROPRIATED AMOUNTS. The Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act (Public Law No. 103-436) is amended by striking section 6 and its catchline and inserting the following: ``SEC. 6. APPROPRIATED AMOUNTS. ``(a) Without fiscal year limitation, there are appropriated to the Administrator $15.25 million in fiscal year 1996, $15.86 million in fiscal year 1997, $16.49 million in fiscal year 1998, $17.15 million in fiscal year 1999, $17.84 million in fiscal year 2000, and $4.10 million in each succeeding fiscal year so long as the Administrator makes annual payments to the Tribes under the settlement agreement. ``(b) For the purposes of this section-- ``(1) `settlement agreement' means that settlement agreement between the United States of America and the Confederated Tribes of the Colville Reservation signed by the Tribes on April 16, 1994, and by the United States of America on April 21, 1994, which settlement agreement resolves claims of the Tribes in Docket 181-D of the Indian Claims Commission, which docket has been transferred to the United States Court of Federal Claims; and ``(2) `Tribes' means the Confederated Tribes of the Colville Reservation, a federally recognized Indian Tribe.''. SEC. 10. CONTRACT PROVISIONS. In each contract of the Administrator that provides for the Administrator to sell electric power, transmission, or related services, and that is in effect after September 30, 1995, the Administrator shall offer to include, or as the case may be, shall offer to amend to include, provisions specifying that after September 30, 1995-- (1) the Administrator shall establish rates and charges on the basis that-- (A) the principal amount of an old capital investment shall be no greater than the new principal amount established under section 3 of this Act; (B) the interest rate applicable to the unpaid balance of the new principal amount of an old capital investment shall be no greater than the interest rate established under section 4 of this Act; (C) any payment of principal of an old capital investment shall reduce the outstanding principal balance of the old capital investment in the amount of the payment at the time the payment is tendered; and (D) any payment of interest on the unpaid balance of the new principal amount of an old capital investment shall be a credit against the appropriate interest account in the amount of the payment at the time the payment is tendered; (2) apart from charges necessary to repay the new principal amount of an old capital investment as established under section 3 of this Act and to pay the interest on the principal amount under section 4 of this Act, no amount may be charged for return to the United States Treasury as repayment for or return on an old capital investment, whether by way of rate, rent, lease payment, assessment, user charge, or any other fee; (3) amounts provided under section 1304 of title 31, United States Code, shall be available to pay, and shall be the sole source for payment of, a judgment against or settlement by the Administrator or the United States on a claim for a breach of the contract provisions required by this Act; and (4) the contract provisions specified in this Act do not-- (A) preclude the Administrator from recovering, through rates or other means, any tax that is generally imposed on electric utilities in the United States, or (B) affect the Administrator's authority under applicable law, including section 7(g) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839e(g)), to-- (i) allocate costs and benefits, including but not limited to fish and wildlife costs, to rates or resources, or (ii) design rates. SEC. 11. SAVINGS PROVISIONS. (a) This Act does not affect the obligation of the Administrator to repay the principal associated with each capital investment, and to pay interest on the principal, only from the ``Administrator's net proceeds,'' as defined in section 13 of the Federal Columbia River Transmission System Act (16 U.S.C. 838k(b)). (b) Except as provided in section 6 of this Act, this Act does not affect the authority of the Administrator to pay all or a portion of the principal amount associated with a capital investment before the repayment date for the principal amount. SEC. 12. DOE STUDY. (a) The Administrator shall undertake a study to determine the effect that increases in the rates for electric power sales made by the Administrator may have on the customer base of the Bonneville Power Administration. Such study shall identify other sources of electric power that may be available to customers of the Bonneville Power Administration and shall estimate the level at which higher rates for power sales by the Administration may result in the loss of customers by the Administration. (b) The Administrator shall undertake a study to determine the total prior costs incurred by the Bonneville Power Administration for compliance with the provisions of the Endangered Species Act and the total future costs anticipated to be incurred by the Administration for compliance with such provisions. (c) The Administrator shall submit the results of the studies undertaken under this section to the Congress within 180 days after the date of the enactment of this Act.

Bonneville Power Administration Appropriations Refinancing Act - Prescribes guidelines under which the Administrator of the Bonneville Power Administration (BPA) shall refinance a certain appropriated debt by determining with the approval of the Secretary of the Treasury: (1) a new principal amount for such debt; (2) a new interest rate for such debt based on the Treasury rate for the old capital investment; and (3) a $100 million limit on prepayments of old capital investments before a certain date. Prescribes guidelines for interest rates for new capital investments. Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to appropriate specified amounts to the Administrator in certain fiscal years so long as the Administrator makes annual payments to the Tribes under a certain settlement agreement. Directs the Administrator to offer to include provisions in future electric power service contracts that preclude further increases in the principal amount or interest rate obligations to the Government. Directs the Administrator to study and report to the Congress on: (1) the effect that rate increases for electric power sales may have upon the BPA customer base; and (2) the total prior costs incurred and the total future costs anticipated by the BPA for compliance with the Endangered Species Act.

Bonneville Power Administration Appropriations Refinancing Act

SECTION 1. RESTORATION OF DEDUCTION FOR INTEREST ON EDUCATIONAL LOANS. (a) In General.--Paragraph (2) of section 163(h) of the Internal Revenue Code of 1986 (defining personal interest) is amended by striking ``and'' at the end of subparagraph (D), by redesignating subparagraph (E) as subparagraph (F), and by inserting after subparagraph (D) the following new subparagraph: ``(E) any interest on a qualified educational loan (within the meaning of paragraph (5)), and''. (b) Qualified Educational Loan Defined.--Paragraph (5) of section 163(h) of such Code is amended to read as follows: ``(5) Qualified educational loan.--For purposes of this subsection-- ``(A) In general.--The term `qualified educational loan' means any indebtedness-- ``(i) which is provided-- ``(I) pursuant to a Federal, State, or State-based guarantee program or insurance program, ``(II) by an organization described in section 501(c)(3) and exempt from tax under section 501(a), or ``(III) by a financial institution under a supplemental education program which requires that repayments on the loan be made to the educational institution referred to in subparagraph (D)(i), and ``(ii) which is incurred to pay qualified educational expenses which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred. ``(B) Phaseout of benefit.-- ``(i) In general.--The amount of interest which would (but for this subparagraph) be taken into account under paragraph (2)(E) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to such interest as the excess of the taxpayer's adjusted gross income for such taxable year over the applicable dollar amount bears to phaseout range. ``(ii) Applicable dollar amount; phaseout range.--For purposes of clause (i)-- ``(I) in the case of a return of an unmarried individual, the applicable dollar amount is $40,000 and the phaseout range is $15,000, ``(II) in the case of a joint return, the applicable dollar amount is $60,000 and the phaseout range is $30,000, and ``(III) in any other case, the applicable dollar amount is zero. ``(C) Deduction allowable only for first 48 months loan is in repayment status.--Paragraph (2)(E) shall apply only to interest which is paid or incurred during the first 48 months (whether or not consecutive) for which a payment is required to be made on the loan. ``(D) Qualified educational expenses.--For purposes of this paragraph-- ``(i) In general.--The term `qualified educational expenses' means qualified tuition and related expenses of the taxpayer, his spouse, or a dependent (as defined in section 152) for attendance at an educational institution described in section 170(b)(1)(A)(ii). ``(ii) Qualified tuition and related expenses.--The term `qualified tuition and related expenses' has the meaning given such term by section 117(b), except that such term shall include any reasonable living expenses while away from home. ``(E) Adjustment of phaseout for inflation.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 1998, the $40,000 and $60,000 amounts contained in subparagraph (B) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1997' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50 (or, if such amount is a multiple of $25, such amount shall be rounded to the next highest multiple of $50).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997, but only with respect to loans the first required payment on which is after such date.

Amends the Internal Revenue Code to allow a limited income tax deduction for interest on a qualified educational loan. Defines such a loan.

To amend the Internal Revenue Code of 1986 to restore the deduction for interest on certain educational loans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Environmental Self- Evaluation Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Federal agency.--The term ``Federal agency'' means any agency (as defined in section 551 of title 5, United States Code) and any agency or instrumentality of an Indian tribe, with authority to administer or enforce any environmental law. (2) State agency.--The term ``State agency'' means any agency or instrumentality of the executive branch of a State or local government with authority to administer or enforce any environmental law. The term also includes any agency or instrumentality of 2 or more States or local governments, whether or not the localities are in different States. (3) Environmental law.--The term ``environmental law'' means-- (A) each of the following Federal laws-- (i) the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); (ii) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); (iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (iv) the Safe Drinking Water Act (title XIV of the Public Health Service Act; 42 U.S.C. 300f and following); (v) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (vi) the Clean Air Act (42 U.S.C. 7401 et seq.); (vii) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (viii) the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.); (ix) the Oil Pollution Act of 1980 (33 U.S.C. 2701 et seq.); (x) the Noise Control Act of 1982 (42 U.S.C. 4901 et seq.); (xi) the Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq.); (xii) the Endangered Species Act (16 U.S.C. 1531 et seq.); (xiii) the Surface Mining Control and Reclamation Act (30 U.S.C. 1201); (xiv) the Rivers and Harbors Act (33 U.S.C. 401-465); (xv) the Hazardous Materials Transportation Act (49 U.S.C. 1801-1813); and (xvi) any other statute enacted after the effective date of this Act that addresses the same or similar subject matter; and (B) any legal requirement in effect in a State under a program delegated to the State under a law listed in subparagraph (A) or which the State is authorized to operate in lieu of a Federal program under a law listed in subparagraph (A). Such term includes any regulation or other requirement issued under a law in subparagraph (A) or (B) and the terms and conditions of any permit issued under any such law. (4) Voluntary environmental self-evaluation.--The term ``voluntary environmental self-evaluation'' means a periodic and objective review or investigation by an entity of such entity's facility operations and practices related to meeting environmental requirements. (5) Environmental compliance management system.--The term ``environmental compliance management system'' means an entity's systematic efforts (other than a voluntary environmental self-evaluation), appropriate to the size and nature of its business, to prevent, detect, and correct violations through all of the following: (A) Compliance policies, standards, and procedures that identify how employees and agents are to meet the requirements of laws, regulations, permits, and other sources of authority for environmental requirements. (B) Assignment of overall responsibility for overseeing compliance with policies, standards, procedures, and assignment of specific responsibility for assuring compliance at each facility or operation. (C) Mechanisms for systematically assuring that compliance policies, standards, and procedures are being carried out, including monitoring systems reasonably designed to detect and correct violations, and a means for employees or agents to report violations of environmental requirements without fear of retaliation. (D) Efforts to communicate effectively the entity's standards and procedures to all employees and other agents. (E) Appropriate incentives to managers and employees to perform in accordance with the compliance policies, standards, and procedures, including consistent enforcement through appropriate disciplinary mechanisms. (F) Procedures for the prompt and appropriate correction of any violations, and any necessary modifications to the entity's program to prevent future violations. (6) Voluntary environmental self-evaluation report.--(A) The term ``voluntary environmental self-evaluation report'' means documents prepared as a result of a voluntary environmental self-evaluation. An environmental self-evaluation report shall include any field notes, drafts, memoranda, drawings, photographs, computer software or stored information or electronically recorded information, maps, charts, graphs, surveys, analyses (including laboratory results, instrument readings, and field analyses), or any other information pertaining to observations, findings, opinions, suggestions, or conclusions, if such supporting information is collected or developed for the primary purpose and in the course of the self-evaluation. (B) The report may include, but is neither limited to nor required to contain, the following general component parts: (i) A document prepared by the auditor or evaluator, which may describe the scope of the evaluation, the information learned, conclusions and recommendations, and exhibits and appendices. (ii) An analysis of a portion or all of the self- evaluation or issues arising therefrom. (iii) An implementation plan or tracking system that addresses actions taken or to be taken by the entity as a result of the self-evaluation. (7) Civil proceedings.--The term ``civil proceeding'' includes any administrative or civil judicial proceeding, including those for suspension, or listing. (8) Entity.--The term ``entity'' means any partnership, association, or corporation regulated under an environmental law, including any officer, agent, or employee thereof. (9) Person.--The term ``person'' includes an individual, corporation, partnership, association, State, municipality, political subdivision of a State and the United States, as well as any agency, instrumentality, officer, agent, or employee thereof. (10) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and includes the Commonwealth of the Northern Mariana Islands. SEC. 3. NONDISCLOSURE PRIVILEGE. (a) In General.--No information contained in any voluntary environmental self-evaluation report, and no testimony relating to a voluntary environmental self-evaluation shall be admissible evidence in any Federal or State administrative or judicial proceeding under any environmental law or subject to discovery in any such proceeding, except as otherwise provided in this section. (b) Information Not Subject to Privilege.--The privilege under subsection (a) shall not apply to-- (1) any information required to be developed, maintained, or reported pursuant to any environmental law; or (2) information with respect to an entity's specific intentional or willful violation of an environmental law. (c) Waiver.--Any entity entitled to a privilege of nondisclosure under subsection (a) may waive such privilege by means of an express written statement specifically describing the information to which such waiver applies. No disclosure of information pursuant to a confidentiality agreement in a business or financial transaction shall be considered to be an express written statement waiving the privileges under this section. (d) In Camera Hearing.--Whenever any person seeks to obtain any information described in subsection (a) from any other entity for use in any administrative or judicial proceeding, if such other entity refuses to disclose the information on the basis of a privilege under subsection (a), the person seeking disclosure may request an administrative law judge (in the case of an administrative proceeding) or the court (in the case of any civil or criminal proceeding) to convene an in camera proceeding to determine the application of the privilege. The administrative law judge or the court shall initiate such a proceeding and require disclosure of such information to the court under seal for purposes of making such determination. In any such hearing, the entity asserting the privilege shall have the burden of asserting a prima facie basis for the privilege and the person seeking disclosure shall have the burden of persuasion that the privilege should not apply. (e) Civil Proceedings.--The privilege under subsection (a) shall not apply in any civil proceeding if the administrative law judge (in the case of an administrative proceeding) or the court (in the case of a judicial proceeding) determines, in an in camera proceeding under subsection (d), that-- (1) the report, finding, opinion, or other document or communication or testimony indicates noncompliance with an environmental law by such entity, and such entity failed to initiate efforts to achieve compliance with the law within a reasonable period of time in a manner consistent with applicable provisions of law; (2) such entity is asserting the applicability of the privilege under this section for a fraudulent purpose; or (3) the report was prepared for the purpose of avoiding disclosure of information required for a then pending or imminent specific investigative, administrative, or judicial proceeding of which the entity had actual or constructive knowledge. Whenever an administrative law judge or a court has ruled under this subsection that on the applicability of the privilege to any report, finding, opinion, or other document or communication or testimony of any entity, such entity or such person, as the case may be, may appeal such ruling to the appropriate United States district court (in the case of an administrative law judge) or to the appropriate court of appeals (in the case of a ruling by a court) and such court shall review such ruling and issue a decision on the appeal within 30 days after the filing of the appeal. (f) Criminal Proceedings.--The privilege under subsection (a) shall not apply in any criminal proceeding brought by a Federal or State agency if the court, in an in camera hearing, makes any determination referred to in subsection (e). A law enforcement official, having probable cause (based upon information obtained from a source independent of a voluntary environmental self-evaluation report) to believe that a criminal offense has been committed under any of the covered environmental laws and that the report constitutes evidence of such offense, may obtain the report pursuant to a lawful search and seizure. However, upon taking possession of the report, the law enforcement official shall immediately place it under seal and shall not review, disclose or otherwise use the contents of the report in any way, unless the person or entity for whom the report was prepared expressly waives its protected status pursuant to subsection (c) or the court determines that the report is subject to disclosure in an in camera hearing under subsection (d). During any such hearing, the court shall permit the agency to review, but not to disclose or use the information for purposes of any investigation or proceeding. SEC. 4. IMMUNITY FOR CERTAIN VOLUNTARY DISCLOSURES. (a) In General.--Whenever any entity has disclosed to the Federal or State agency administering any environmental law information relating to the violation by such entity of such environmental law as a result of a voluntary environmental self-evaluation performed by such entity or an environmental compliance management system used by such entity, such entity shall be immune from prosecution in any Federal or State administrative, civil, or criminal proceeding regarding such violation (other than a criminal proceeding for conduct involving specific intent to violate the law), and the information disclosed shall not be admissible in any court or administrative proceeding, if-- (1) such entity (or officer, employee, or agent) ensures that the disclosure is made promptly after receiving knowledge of the information; (2) such entity (or officer, employee, or agent) initiates efforts to achieve compliance in a manner consistent with applicable provisions of law of which the entity had actual constructive knowledge; (3) such entity (or officer, employee, or agent) is not asserting the applicability of the immunity under this section for a fraudulent purpose; (4) such information is not disclosed for the purpose of avoiding penalties in an investigative, administrative, or judicial proceeding that, at the time of disclosure, was imminent or in progress; and (5) such entity (or officer, employee, or agent) discloses such other information relating to the violation as the agency concerned reasonably requests, other than information subject to a nondisclosure privilege under section 3 or under any other authority of law. (b) Exclusions.--The immunity under subsection (a) shall not apply to an entity if the violation concerned is part of a pattern of significant violations (counting any multiday occurrence stemming from the same cause as a single violation) that has occurred within the past 3 years at the same facility or at different facilities under the common control of an entity whose senior management had actual knowledge of the violations and failed to take timely corrective action. For purposes of this section, a violation is any violation of an environmental law identified in a judicial or administrative order, consent agreement or order, conviction, or plea agreement. (c) Procedure.-- (1) Presumption.--Whenever an entity voluntarily discloses to a Federal or State agency information relating to the violation by such entity of an environmental law, if such information was obtained as a result of a voluntary environmental self-evaluation, or from an environmental compliance management system, the entity shall be presumed to be entitled to immunity under this section with respect to such violation if the entity provides information supporting a claim that the entity is qualified for such immunity at the time the entity makes the disclosure. Such presumption shall be conclusive unless challenged by the agency within 60 days of the disclosure. (2) Judicial determination.--An entity may request the appropriate United States district court for a determination regarding whether or not the immunity under subsection (a) is applicable to such entity with respect to any violation. SEC. 5. SAVINGS CLAUSE. (a) Authority To Issue Certain Orders.--Nothing in this Act shall be construed to affect the authority of a Federal or State agency responsible for administering an environmental law to issue a cease and desist order or to seek a temporary restraining order or injunction for any violation of an environmental law. (b) State Privileges and Immunities.--Nothing in this Act shall be construed to limit any privilege against disclosure in effect under State law. Nothing in this Act shall be construed to limit any immunity available to any person under State law. SEC. 6. EFFECTIVE DATE. This Act shall take effect with respect to civil and criminal proceedings commenced after the enactment of this Act.

Voluntary Environmental Self-Evaluation Act - Provides that information contained in, and testimony relating to, voluntary environmental self-evaluations shall not be admissible evidence or subject to discovery in Federal or State administrative or judicial proceedings under Federal environmental laws. Authorizes waivers of such privilege by the entity concerned. Permits persons seeking disclosure of such information, in cases where an entity invokes the nondisclosure privilege, to request an administrative law judge or the court, as appropriate, to convene an in camera proceeding to determine applicability of the privilege. Makes the privilege inapplicable in civil proceedings if an administrative law judge or the court determines that: (1) the document or testimony indicates non-compliance with an environmental law by such entity and the entity failed to achieve compliance within a reasonable time period; (2) such entity is asserting the privilege for a fraudulent purpose; or (3) the report was prepared for purposes of avoiding disclosure of information required for a pending or imminent investigative, administrative, or judicial proceeding of which the entity had knowledge. Provides for appeals of such determinations. Makes the nondisclosure privilege inapplicable in criminal proceedings brought by Federal or State agencies if the court makes any of the determinations described above for civil proceedings. Authorizes seizures of reports believed to constitute evidence of criminal offenses but limits use of the information to review by such agencies until the court determines it subject to disclosure. Provides immunity from Federal or State prosecution to entities making voluntary disclosures of violations of environmental laws as a result of making self-evaluations or using environmental management systems and makes such disclosures inadmissible in courts or administrative proceedings if the entity: (1) meets certain conditions regarding promptness of disclosure, efforts to achieve compliance, and availability of information; and (2) is not disclosing information for fraudulent purposes or to avoid penalties. Makes immunity inapplicable if the violation concerned is part of a pattern of significant violations that has occurred within the past three years in cases where the senior management had knowledge and failed to take corrective action.

Voluntary Environmental Self-Evaluation Act

SECTION 1. FINDINGS. Congress makes the following findings: (1) Lyme disease is a common but frequently misunderstood illness that, if not caught early and treated properly, can cause serious health problems. (2) Lyme disease is a bacterial infection that is transmitted by a tick bite. Early signs of infection may include a rash and flu-like symptoms such as fever, muscle aches, headaches, and fatigue. (3) Although Lyme disease can be treated with antibiotics if caught early, the disease often goes undetected because it mimics other illnesses or may be misdiagnosed. Untreated, Lyme disease can lead to severe heart, neurological, eye, and joint problems because the bacteria can affect many different organs and organ systems. (4) If an individual with Lyme disease does not receive treatment, such individual can develop severe heart, neurological, eye, and joint problems. (5) Although Lyme disease accounts for 90 percent of all vector-borne infections in the United States, the ticks that spread Lyme disease also spread other disorders, such as ehrlichiosis, babesiosis, and other strains of Borrelia. All of these diseases in 1 patient makes diagnosis and treatment more difficult. (6) Although tick-borne disease cases have been reported in 49 States and the District of Columbia, about 90 percent of the 15,000 cases have been reported in the following 10 States: Connecticut, Pennsylvania, New York, New Jersey, Rhode Island, Maryland, Massachusetts, Minnesota, Delaware, and Wisconsin. Studies have shown that the actual number of tick-borne disease cases are approximately 10 times the amount reported due to poor surveillance of the disease. (7) Persistence of symptomatology in many patients without reliable testing makes treatment of patients more difficult. SEC. 2. ESTABLISHMENT OF A TICK-BORNE DISORDERS ADVISORY COMMITTEE. (a) Establishment of Committee.--Not later than 180 days after the date of enactment of this Act, there shall be established an advisory committee to be known as the Tick-Borne Disorders Advisory Committee (referred to in this Act as the ``Committee'') organized in the Office of the Secretary. (b) Duties.--The Committee shall advise the Secretary and Assistant Secretary of Health regarding how to-- (1) assure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne disorders; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations addressing tick- borne disorders; and (3) develop informed responses to constituency groups regarding the Department of Health and Human Services' efforts and progress. (c) Membership.-- (1) Appointed members.-- (A) In general.--The Secretary of Health and Human Services shall appoint voting members to the Committee from among the following member groups: (i) Scientific community members. (ii) Representatives of tick-borne disorder voluntary organizations. (iii) Health care providers. (iv) Patient representatives who are individuals who have been diagnosed with tick- borne illnesses or who have had an immediate family member diagnosed with such illness. (v) Representatives of State and local health departments and national organizations who represent State and local health professionals. (B) Requirement.--The Secretary shall ensure that an equal number of individuals are appointed to the Committee from each of the member groups described in clauses (i) through (v) of subparagraph (A). (2) Ex officio members.--The Committee shall have nonvoting ex officio members determined appropriate by the Secretary. (d) Co-Chairpersons.--The Assistant Secretary of Health shall serve as the co-chairperson of the Committee with a public co-chairperson chosen by the members described under subsection (c). The public co- chairperson shall serve a 2-year term and retain all voting rights. (e) Term of Appointment.--All members shall be appointed to serve on the Committee for 4 year terms. (f) Vacancy.--If there is a vacancy on the Committee, such position shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of that term. Members may serve after the expiration of their terms until their successors have taken office. (g) Meetings.--The Committee shall hold public meetings, except as otherwise determined by the Secretary, giving notice to the public of such, and meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items can be added at the request of the Committee members, as well as the co-chairpersons. Meetings shall be conducted, and records of the proceedings kept as required by applicable laws and Departmental regulations. (h) Reports.-- (1) In general.--Not later than 24 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out under this Act. (2) Content.--Such reports shall describe-- (A) progress in the development of accurate diagnostic tools that are more useful in the clinical setting; and (B) the promotion of public awareness and physician education initiatives to improve the knowledge of health care providers and the public regarding clinical and surveillance practices for Lyme disease and other tick-borne disorders. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act, $250,000 for each of fiscal years 2004 and 2005. Amounts appropriated under this subsection shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), except that no voting member of the Committee shall be a permanent salaried employee. SEC. 3. AUTHORIZATION FOR RESEARCH FUNDING. There are authorized to be appropriated $10,000,000 for each of fiscal years 2004 through 2008 to provide for research and educational activities concerning Lyme disease and other tick-borne disorders, and to carry out efforts to prevent Lyme disease and other tick-borne disorders. SEC. 4. GOALS. It is the sense of the Senate that, in carrying out this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting as appropriate in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, the Committee, and other agencies, should consider carrying out the following: (1) Five-year plan.--It is the sense of the Senate that the Secretary should consider the establishment of a plan that, for the five fiscal years following the date of the enactment of this Act, provides for the activities to be carried out during such fiscal years toward achieving the goals under paragraphs (2) through (4). The plan should, as appropriate to such goals, provide for the coordination of programs and activities regarding Lyme disease and other tick-borne disorders that are conducted or supported by the Federal Government. (2) First goal: diagnostic test.--The goal described in this paragraph is to develop a diagnostic test for Lyme disease and other tick-borne disorders for use in clinical testing. (3) Second goal: surveillance and reporting of lyme disease and other tick-borne disorders.--The goal described in this paragraph is to accurately determine the prevalence of Lyme disease and other tick-borne disorders in the United States. (4) Third goal: prevention of lyme disease and other tick- borne disorders.--The goal described in this paragraph is to develop the capabilities at the Department of Health and Human Services to design and implement improved strategies for the prevention and control of Lyme disease and other tick-borne diseases. Such diseases may include Masters' disease, ehrlichiosis, babesiosis, other bacterial, viral and rickettsial diseases such as tularemia, tick-borne encephalitis, Rocky Mountain Spotted Fever, and bartonella, respectively.

Establishes the Tick-Borne Disorders Advisory Committee in the Office of the Secretary of Health and Human Services (HHS). Directs the Committee to advise the Secretary and the Assistant Secretary of HHS regarding how to: (1) assure interagency coordination and communication in efforts to address tick-borne disorders; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations; and (3) develop informed responses to constituency groups regarding HHS' efforts and progress. Authorizes appropriations for FY 2004 and 2005 to fund the Committee in accordance with the Federal Advisory Committee Act. Authorizes appropriations for FY 2004 through 2008 for: (1) research and educational activities concerning Lyme disease and other tick-borne disorders; and (2) efforts to prevent such illnesses. Expresses the sense of the Senate that the Secretary should consider carrying out a five-year plan to: (1) develop a diagnostic test for Lyme disease and other tick-borne disorders for use in clinical testing; (2) determine the prevalence of such illnesses in the United States; and (3) develop the capabilities at HHS to design and implement improved strategies for the prevention and control of such illnesses.

A bill to establish a Tick-Borne Disorders Advisory Committee, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Three Kids Mine Remediation and Reclamation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means the approximately 948 acres of Bureau of Reclamation and Bureau of Land Management land within the Three Kids Mine Project Site, as depicted on the map. (2) Hazardous substance; pollutant or contaminant; remedy.--The terms ``hazardous substance'', ``pollutant or contaminant'', and ``remedy'' have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (3) Henderson redevelopment agency.--The term ``Henderson Redevelopment Agency'' means the redevelopment agency of the City of Henderson, Nevada, established and authorized to transact business and exercise the powers of the agency in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685). (4) Map.--The term ``map'' means the map entitled ``Three Kids Mine Project Area'' and dated February 6, 2012. (5) Responsible party.--The term ``Responsible Party'' means the private sector entity designated by the Henderson Redevelopment Agency, and approved by the State of Nevada, to complete the assessment, remediation, reclamation and redevelopment of the Three Kids Mine Project Site). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of Nevada. (8) Three kids mine project site.--The term ``Three Kids Mine Project Site'' means the approximately 1,262 acres of land that is-- (A) comprised of-- (i) the Federal land; and (ii) the approximately 314 acres of adjacent non- Federal land; and (B) depicted as the ``Three Kids Mine Project Site'' on the map. SEC. 3. LAND CONVEYANCE. (a) In General.--Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later than 90 days after the date on which the Secretary determines that the conditions described in subsection (b) have been met, and subject to valid existing rights and applicable law, the Secretary shall convey to the Henderson Redevelopment Agency all right, title, and interest of the United States in and to the Federal land. (b) Conditions.-- (1) Appraisal; fair market value.-- (A) In general.--As consideration for the conveyance under subsection (a), the Henderson Redevelopment Agency shall pay the fair market value of the Federal land, if any, as determined under subparagraph (B) and as adjusted under subparagraph (F). (B) Appraisal.--The Secretary shall determine the fair market value of the Federal land based on an appraisal-- (i) that is conducted in accordance with nationally recognized appraisal standards, including-- (I) the Uniform Appraisal Standards for Federal Land Acquisitions; and (II) the Uniform Standards of Professional Appraisal Practice; and (ii) that does not take into account any existing contamination associated with historical mining on the Federal land. (C) Remediation and reclamation costs.-- (i) In general.--The Secretary shall prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. (ii) Considerations.--The estimate prepared under clause (i) shall be-- (I) based on the results of a comprehensive Phase II environmental site assessment of the Three Kids Mine Project Site prepared by the Henderson Redevelopment Agency or a Responsible Party that has been approved by the State; and (II) prepared in accordance with the current version of the ASTM International Standard E-2137-06 (2011) entitled ``Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters''. (iii) Assessment requirements.--The Phase II environmental site assessment prepared under clause (ii)(I) shall, without limiting any additional requirements that may be required by the State, be conducted in accordance with the procedures of-- (I) the most recent version of ASTM International Standard E-1527-05 entitled ``Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process''; and (II) the most recent version of ASTM International Standard E-1903-11 entitled ``Standard Guide for Environmental Site Assessments: Phase II Environmental Site Assessment Process''. (iv) Review of certain information.-- (I) In general.--The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency, the Responsible Party, and the State in the preparation of the estimate under this subparagraph. (II) Final determination.--If there is a disagreement among the Secretary, Henderson Redevelopment Agency, and the State over the reasonable estimate of costs under this subparagraph, the parties shall jointly select 1 or more experts to assist the Secretary in making the final estimate of the costs. (D) Deadline.--Not later than 30 days after the date of enactment of this Act, the Secretary shall begin the appraisal and cost estimates under subparagraphs (B) and (C), respectively. (E) Appraisal costs.--The Henderson Redevelopment Agency or the Responsible Party shall reimburse the Secretary for the costs incurred in performing the appraisal under subparagraph (B). (F) Adjustment.--The Secretary shall administratively adjust the fair market value of the Federal land, as determined under subparagraph (B), based on the estimate of remediation, and reclamation costs, as determined under subparagraph (C). (2) Mine remediation and reclamation agreement executed.-- (A) In general.--The conveyance under subsection (a) shall be contingent on-- (i) the Secretary receiving from the State written notification that a mine remediation and reclamation agreement has been executed in accordance with subparagraph (B); and (ii) the Secretary concurring, not later than 30 days after the date of receipt of the written notification under clause (i), that the requirements under subparagraph (B) have been met. (B) Requirements.--The mine remediation and reclamation agreement required under subparagraph (A) shall be an enforceable consent order or agreement between the State and the Responsible Party who will be obligated to perform under the consent order or agreement administered by the State that-- (i) obligates the Responsible Party to perform, after the conveyance of the Federal land under this Act, the remediation and reclamation work at the Three Kids Mine Project Site necessary to ensure all remedial actions necessary to protect human health and the environment with respect to any hazardous substances, pollutant, or contaminant will be taken, in accordance with all Federal, State, and local requirements; and (ii) contains provisions determined to be necessary by the State and the Henderson Redevelopment Agency, including financial assurance provisions to ensure the completion of the remedy. (3) Notification from agency.--As a condition of the conveyance under subsection (a), not later than 90 days after the date of execution of the mine remediation and reclamation agreement required under paragraph (2), the Secretary shall accept written notification from the Henderson Redevelopment Agency that the Henderson Redevelopment Agency is prepared to accept conveyance of the Federal land under subsection (a). SEC. 4. WITHDRAWAL. (a) In General.--Subject to valid existing rights, for the 10-year period beginning on the earlier of the date of enactment of this Act or the date of the conveyance required by this Act, the Federal land is withdrawn from all forms of-- (1) entry, appropriation, operation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and the geothermal leasing laws. (b) Existing Reclamation Withdrawals.--Subject to valid existing rights, any withdrawal under the public land laws that includes all or any portion of the Federal land for which the Bureau of Reclamation has determined that the Bureau of Reclamation has no further need under applicable law is relinquished and revoked solely to the extent necessary-- (1) to exclude from the withdrawal the property that is no longer needed; and (2) to allow for the immediate conveyance of the Federal land as required under this Act. (c) Existing Reclamation Project and Permitted Facilities.--Except as provided in subsection (a), nothing in this Act diminishes, hinders, or interferes with the exclusive and perpetual use by the existing rights holders for the operation, maintenance, and improvement of water conveyance infrastructure and facilities, including all necessary ingress and egress, situated on the Federal land that were constructed or permitted by the Bureau of Reclamation before the effective date of this Act. SEC. 5. ACEC BOUNDARY ADJUSTMENT. Notwithstanding section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713), the boundary of the River Mountains Area of Critical Environmental Concern (NVN 76884) is adjusted to exclude any portion of the Three Kids Mine Project Site consistent with the map. SEC. 6. RESPONSIBILITIES OF THE PARTIES. (a) Responsibility of Parties to Mine Remediation and Reclamation Agreement.--On completion of the conveyance under section 3, the responsibility for complying with the mine remediation and reclamation agreement executed under section 3(b)(2) shall apply to the Responsible Party and the State of Nevada. (b) Savings Provision.--If the conveyance under this Act has occurred, but the terms of the agreement executed under section 3(b)(2) have not been met, nothing in this Act-- (1) affects the responsibility of the Secretary to take any additional response action necessary to protect public health and the environment from a release or the threat of a release of a hazardous substance, pollutant, or contaminant; or (2) unless otherwise expressly provided, modifies, limits, or otherwise affects-- (A) the application of, or obligation to comply with, any law, including any environmental or public health law; or (B) the authority of the United States to enforce compliance with the requirements of any law or the agreement executed under section 3(b)(2). SEC. 7. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT ACT. Southern Nevada Public Land Management Act of 1998 (31 U.S.C. 6901 note; Public Law 105-263) shall not apply to land conveyed under this Act. 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 reported to the House on July 8, 2013. Three Kids Mine Remediation and Reclamation Act - (Sec. 3) Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, all right, title, and interest of the United States of the approximately 948 identified acres of Bureau of Reclamation and Bureau of Land Management (BLM) land within the Three Kids Mine Project Site (the federal land). Requires the Henderson Redevelopment Agency to pay the fair market value, if any, for the federal land. Directs the Secretary to determine the fair market value of the federal land based on an appraisal that does not take into account any existing contamination. Requires the Henderson Redevelopment Agency to reimburse the Secretary for appraisal costs. Directs the Secretary to prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. Requires the Mine Remediation and Reclamation Agreement to be an enforceable consent order or agreement administered by the state. (Sec. 4) Withdraws the federal land, for a 10-year period, beginning on the earlier of enactment, or on the date of conveyance, from: (1) entry, appropriation, operation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and the geothermal leasing laws. Relinquishes and revokes, subject to valid existing rights, any withdrawal that includes any portion of the federal land for which the Bureau of Reclamation has no further need. Declares that nothing in this Act diminishes, hinders, or interferes with the exclusive and perpetual use by existing rights holders of the operation, maintenance, and improvement of water conveyance infrastructure and facilities situated on the federal land constructed or permitted by the Bureau of Reclamation before the effective date of this Act. (Sec. 5) Adjusts the boundary of the River Mountains Area of Critical Environmental Concern to exclude any portion of the Three Kids Mine Project Site. (Sec. 6) Applies the responsibility for complying with the mine remediation and reclamation agreement executed under section 3, upon completion of the conveyance, to the responsible party and the state of Nevada. (Defines "responsible party" as the private sector entity designated by the Henderson Redevelopment Agency, and approved by the state, to complete the assessment, remediation, reclamation, and redevelopment of the Three Kids Mine Project Site.) (Sec. 7) Makes the Southern Nevada Public Land Management Act of 1998 inapplicable to land conveyed under this Act.

Three Kids Mine Remediation and Reclamation Act

SECTION 1. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. (a) In General.--Subpart A 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. 25E. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(2) Applicable percentage defined.--For purposes of paragraph (1), the term `applicable percentage' means 35 percent reduced (but not below 20 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $15,000. ``(b) Definitions of Qualifying Individual and Employment-Related Expenses.--For purposes of this section-- ``(1) Qualifying individual.--The term `qualifying individual' means an individual who-- ``(A) has attained age 50, and ``(B) is one of the following: ``(i) An individual who bears a relationship to the taxpayer described in subparagraph (C) or (D) of section 152(d)(2) (relating to fathers, mothers, and ancestors). ``(ii) An individual would be a dependent of the taxpayer (as defined in section 152, determined without regard to subsections (b)(1) and (b)(2)) as a qualifying relative described in section 152(d)(1) if-- ``(I) in lieu of subparagraphs (B) and (C) thereof the following applied with respect to the individual: ``(aa) the taxpayer has provided over one-half of the individual's support for the calendar year in which such taxable year begins and each of the preceding 4 taxable years, and ``(bb) the individual's modified adjusted gross income for the calendar year in which such taxable year begins is less than the exemption amount (as defined in section 151(d)), ``(II) the individual is physically or mentally incapable of caring for himself or herself, and ``(III) who has the same principal place of abode as the taxpayer for more than one-half of such taxable year. ``(iii) The spouse of the taxpayer who is physically or mentally incapable of caring for himself or herself. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined without regard to section 86. ``(3) Employment-related expenses.-- ``(A) In general.--The term `employment-related expenses' means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are one or more qualifying individuals with respect to the taxpayer: ``(i) expenses for household services, and ``(ii) expenses for the care of a qualifying individual, including expenses for respite care and hospice care. ``(B) Exception.--Employment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer's household shall be taken into account only if incurred for the care of-- ``(i) a qualifying individual described in paragraph (1)(A), or ``(ii) a qualifying individual (not described in paragraph (1)(A)) who regularly spends at least 8 hours each day in the taxpayer's household. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than six individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(c) Dollar Limit on Amount Creditable.--The amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) $3,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or ``(2) $6,000 if there are two or more qualifying individuals with respect to the taxpayer for such taxable year. The amount determined under paragraph (1) or (2) (whichever is applicable) shall be reduced by the aggregate amount excludable from gross income under section 129 for the taxable year. ``(d) Earned Income Limitation.--Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(2) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(e) Special Rules.--For purposes of this section-- ``(1) Place of abode.--An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(3) Marital status.--An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(4) Certain married individuals living apart.--If-- ``(A) an individual who is married and who files a separate return-- ``(i) maintains as his home a household which constitutes for more than one-half of the taxable year the principal place of abode of a qualifying individual, and ``(ii) furnishes over half of the cost of maintaining such household during the taxable year, and ``(B) during the last 6 months of such taxable year such individual's spouse is not a member of such household, such individual shall not be considered as married. ``(5) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(6) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(7) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 25E. Expenses for household and elder care services necessary for gainful employment.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

This bill amends the Internal Revenue Code to allow a new tax credit for a taxpayer's employment-related expenses necessary to care for a dependent who has attained age 50. Employment-related expenses include: (1) expenses for household services; and (2) expenses for the care of the dependent, including respite care and hospice care. The expenses must be incurred to enable the taxpayer to be gainfully employed for any period for which there are one or more dependents that qualify for the credit. The bill limits the amount of such credit to $3,000 for the care of one dependent and $6,000 for the care of two or more dependents of the taxpayer in a taxable year.

To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment.

SECTION 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION. (a) Establishment.--There is established a Commission on Structural Alternatives for the Federal Courts of Appeals (hereinafter referred to as the ``Commission''). (b) Functions.--The functions of the Commission shall be to-- (1) study the present division of the United States into the several judicial circuits; (2) study the structure and alignment of the Federal court of appeals system, with particular reference to the Ninth Circuit; and (3) report recommendations to the President and Congress on appropriate changes in circuit boundaries or structure for the expeditious and effective disposition of the caseload of the Federal Courts of Appeal, consistent with fundamental concepts of fairness and due process. SEC. 2. MEMBERSHIP. (a) Composition.--The Commission shall be composed of 8 members appointed as follows: (1) One member appointed by the President of the United States. (2) Three members appointed by the Majority Leader of the Senate. (3) Three members appointed by the Speaker of the House of Representatives. (4) One member appointed by the Chief Justice of the United States. (b) Vacancy.--Any vacancy on the Commission shall be filled in the same manner as the original appointment. (c) Chair.--The Commission shall elect a Chair and Vice Chair from among its members. (d) Quorum.--Four members of the Commission shall constitute a quorum, but 3 may conduct hearings. SEC. 3. COMPENSATION. (a) In General.--Members of the Commission who are Federal officers or employees shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. (b) Non-Federal Members.--Any member of the Commission who is not a Federal officer or employee shall receive $200 per diem for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. SEC. 4. PERSONNEL. (a) Executive Director.--The Commission may appoint an Executive Director who shall receive compensation at a rate not exceeding the rate prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Staff.--The Executive Director, with the approval of the Commission, may appoint and fix the compensation of such additional personnel as the Executive Director determines necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Compensation under this subsection shall not exceed the annual maximum rate of basic pay for a position above GS-15 of the General Schedule under section 5108 of title 5, United States Code. (c) Experts and Consultants.--The Executive Director may procure personal services of experts and consultants as authorized under section 3109 of title 5, United States Code, at rates not to exceed the highest level payable under the General Schedule pay rates under section 5332 of title 5, United States Code. (d) Services.--The Administrative Office of the United States Courts shall provide administrative services, including financial and budgeting services, for the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services on a reimbursable basis. SEC. 5. INFORMATION. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance the Commission determines necessary to carry out its functions under this Act. Each such department, agency, and independent instrumentality is authorized to provide such information and assistance to the extent permitted by law when requested by the Chair of the Commission. SEC. 6. REPORT. No later than 1 year after the date of the enactment of this Act, or June 30, 1998, whichever occurs first, the Commission shall submit a report to the President and the Congress. The Commission shall terminate 90 days after the date of the submission of the report. SEC. 7. CONGRESSIONAL CONSIDERATION. No later than 60 days after the submission of the report, the Committee on the Judiciary of the Senate shall act on the report. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Commission to carry out this Act $500,000 for fiscal year 1997.

Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits and the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit; and (2) report its recommendations for changes to the President and the Congress by the earlier of June 30, 1998, or one year after enactment of this Act. Directs the Senate Judiciary Committee to act on the report within 60 days of its transmission. Authorizes appropriations.

A bill to establish a Commission on Structural Alternatives for the Federal Courts of Appeals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Broadcasters Protection Act of 1999''. SEC. 2. FINDINGS. The Congress finds that: (1) Since the creation of low-power television licenses by the Federal Communications Commission, a number of license holders have operated their stations in a manner beneficial to the public good providing broadcasting to their communities that would not otherwise be available. (2) These low-power broadcasters have operated their stations in a manner consistent with the programming objectives and hours of operation of full-power broadcasters providing worthwhile services to their respective communities while under severe license limitations compared to their full-power counterparts. (3) License limitations, particularly the temporary nature of the license, have blocked many low-power broadcasters from having access to capital, and have severely hampered their ability to continue to provide quality broadcasting, programming, or improvements. (4) The passage of the Telecommunications Act of 1996 has added to the uncertainty of the future status of these stations by the lack of specific provisions regarding the permanency of their licenses, or their treatment during the transition to high definition, digital television. (5) It is in the public interest to promote diversity in television programming formats by encouraging low power television stations that serve foreign language communities. These communities should not lose their access to foreign language programming as a result of the transition to digital television. SEC. 3. PRESERVATION OF LOW-POWER COMMUNITY TELEVISION BROADCASTING. (a) Section 336 of the Communications Act of 1934 (47 U.S.C. 336) is amended: (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: ``(f) Preservation of Low-Power Community Television Broadcasting.-- ``(1) Creation of class a licenses.--Within 120 days after the date of enactment of the Community Broadcasters Protection Act of 1999, the Commission shall prescribe regulations to establish a class A television license to be available to licensees of qualifying low-power television stations. Such license shall be subject to the same license terms, and renewal standards as the licenses for full-power television stations except as provided in this section, and each class A licensee shall be accorded primary status as a television broadcaster as long as the station continues to meet the requirements for a qualifying low-power station in paragraph (2). Within 30 days after the date of enactment of the Community Broadcasters Protection Act of 1999, the Commission shall send a notice to the licensees of all low-power television licenses that describes the requirements for Class A designation. Within 60 days after the date of enactment of the Community Broadcasters Protection Act of 1999, licensees intending to seek Class A designation shall submit to the Commission a certification of eligibility based on the qualification requirements of this Act. Absent a material deficiency, the Commission shall grant certification of eligibility to apply for Class A status. The Commission shall act to preserve the contours of low-power television licensees pending the final resolution of a Class A application. Under the requirements set forth in paragraph (2) (A) and (B) and paragraph (6) of this subsection, a licensee may submit an application for Class A designation under this paragraph only within 30 days after final regulations are adopted, except as provided for in paragraph (6)(A). The Commission shall, within 30 days after receipt of an application that is acceptable for filing, award such a Class A television station license to any licensee of a qualifying low- power television station. If, after granting certification of eligibility or a Class A license, unforeseen technical problems arise that require an engineering solution to a station's allotted parameters or channel assignment in the digital television Table of Allotments, the Commission may make such modifications as are necessary to ensure replication of the digital television applicant's service area as provided for in section 622 of the Commission's regulations (47 CFR 602). ``(2) Qualifying low-power television stations.--For purposes of this subsection, a station is a qualifying low- power television station if: ``(A) during the 90 days preceding the date of enactment of the Community Broadcasters Protection Act of 1999: ``(i) such station broadcast a minimum of 18 hours per day; ``(ii) such station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station, or the market area served by a group of commonly controlled stations that carry common local programming not otherwise available to their communities; and ``(iii) such station was in compliance with the Commission's requirements applicable to low-power television stations; and ``(B) from and after the date of its application for a Class A license, the station is in compliance with the Commission's operating rules for full power television stations; or ``(C) the Commission determines that the public interest, convenience, and necessity would be served by treating the station as a qualifying low-power television station for purposes of this section, or for other reasons determined by the Commission. ``(3) Common ownership.--No low-power television station that is authorized as of the date of enactment of the Community Broadcasters Protection Act of 1999 shall be disqualified for a class A license based on common ownership with any medium of mass communication. ``(4) Issuance of licenses for advanced television services to qualifying low-power television stations.--The Commission is not required to issue any additional licenses for advanced television services to the licensees of the class A television stations but shall accept such license applications proposing facilities that will not cause interference to any other broadcast facility authorized on the date of filing of the Class A advanced television applications. Such new license or the original license of the applicant shall be forfeited at the end of the digital television transition. Low-power television station licensees may, at the option of licensee, elect to convert to the provision of advanced television services on its analog channel, but shall not be required to convert to digital operation until the end of the digital television transition. ``(5) No preemption of section 337.--Nothing in this section preempts section 337 of this Act. ``(6) Interim qualification.-- ``(A) Stations operating within certain bandwidth.--The Commission may not grant a Class A license to a low power television station operating between 698 and 806 megahertz, but the Commission shall provide to low power television stations assigned to and temporarily operating in that bandwidth the opportunity to meet the qualification requirements for a Class A license. When such a qualified applicant for a Class A license is assigned a channel within the core spectrum, the Commission shall simultaneously issue a Class A license. ``(B) Certain channels off-limits.--The Commission may not grant a channel within the core spectrum under this subsection that includes any of the 175 additional channels referenced in paragraph 45 of its February 23, 1998, Memorandum Opinion and Order on Reconsideration of the Sixth Report and Order: MM Docket No. 87-268. Within 18 months after the date of enactment of the Community Broadcasters Protection Act of 1999, the Commission shall identify by channel, location, and applicable technical parameters those 175 channels. ``(7) No interference requirement.--The Commission may not grant a Class A license or approve a modification of a Class A license unless the applicant or licensee shows that the Class A station for which the license or modification is sought will not cause: ``(A) interference within the Grade B contour of any television station (as of the date of enactment of the Community Broadcasters Protection Act of 1999, or as proposed in a minor change application filed on or before such date) or the digital television service areas provided in the digital television Table of Allotments, or subsequently granted by the Commission prior to the filing of a Class A application; ``(B) interference within the protected contour of any low power television station or low power television translator station licensed, authorized by construction permit, or with a pending application submitted prior to the date on which the application for a Class A license, or for the modification of such a license, was filed; or ``(C) interference within the protected contour of 80 miles from the geographic center of the areas listed in section 22.625(b)(1) or 90.303 of the Commission's regulations (47 C.F.R. 22.625(b)(1) and 90.303) for frequencies in: ``(i) the 470-512 megahertz bank identified in section 22.621 or 90.303 of such regulations; or ``(ii) the 482-488 megahertz band in New York.''. (b) Section 614 of the Communications Act of 1934 (47 U.S.C. 533) is amended: ``(1) by inserting the following in subsection (h)(2)(F) after the first sentence: `A television broadcast station shall not lose its status as a qualified low power station because a full power television station is subsequently licensed to a community within the county or other equivalent political subdivision served by the cable system or because a full power television station subsequently begins to provide local news and information to the community.'.'' SEC. 4. COMPETITIVE BIDDING EXCEPTIONS. Section 309(j)(2) of the Communications Act of 1934 (47 U.S.C. 309(j)(2)) is amended: (1) by striking ``or'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(D) for low power television stations if at least one of the mutually exclusive applicants qualifies as a Class A licensee. Under such circumstances: ``(i) if only one of the mutually exclusive applicants qualifies as a Class A licensee, the Commission shall assign the license to that applicant; ``(ii) if more than one of the mutually exclusive applicants qualify as Class A licensees, the Commission shall assign the license to an applicant who serves an underserved area or population. An area or population is underserved if: ``(I) at least 25 percent of the area within the station's primary service contour does not receive primary service from more than two commercial television stations licensed under part 73 of title 47 of the Code of Federal Regulations; or ``(II) the station's programming is broadcast in a foreign language that is spoken by a significant proportion of population within the station's primary service contour; ``(iii) if more than one applicant primarily broadcasts programming to underserved areas or populations, or more than one applicant is a Class A licensee and no applicant primarily broadcasts programming to underserved areas or populations, then the Commission shall notify affected parties and provide them with no fewer than 60 days to develop an engineering solution so that the applications are not mutually exclusive. If the applicants do not reach an engineering solution to resolve mutual exclusivity, the Commission shall establish a bidding credit which encourages, to the extent possible, localism, diversity of programming, and programming for underserved communities.''.

Community Broadcasters Protection Act of 1999 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to prescribe regulations to establish a class A license for qualifying low-power television (LPT) stations. Requires notification of LPT licensees of the requirements for class A designation. Requires requesting licensees to submit to the FCC a certification of eligibility based on the requirements of this Act. Requires the FCC to: (1) grant such certification absent a material deficiency; and (2) act to preserve the contours of LPT stations pending final resolution of such applications. Allows an LPT station to submit an application for class A designation only within 30 days after final regulations are adopted. Defines as a qualifying LPT station one which, during the 90 days preceding the date of enactment of this Act: (1) broadcast for at least 18 hours per day; (2) broadcast an average of at least three hours per week of programming that was produced within the market area served by such station or the market area served by a group of commonly controlled stations that carry common local or specialized programming not otherwise available to their communities; and (3) complied with other requirements applicable to LPT stations and, after the date of its license application, complies with the FCC's operating rules for full power television stations. Allows the FCC to treat non-qualifying stations as LPT stations under this Act if public interest, convenience, and necessity would be so served. Provides that: (1) the FCC is not required to issue any additional licenses for advanced television services to the licensees of class A television stations; and (2) the FCC shall approve such license applications proposing facilities that will not cause interference to any other broadcast facility authorized on the date of the filing of the class A advanced television application. States that nothing in this Act shall preempt Federal provisions concerning the allocation and assignment of new public safety services licenses and commercial licenses. Prohibits the FCC from granting a class A license to an LPT station operating between 698 and 806 megahertz, but requires the FCC to provide to LPT stations assigned to and temporarily operating within such bandwidth the opportunity to meet the licensing requirements.

Community Broadcasters Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Research for Women in Trauma Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) Most studies of violence against women currently focus on physical abuse or rape, primarily because they are easier to identify and measure and are potentially lethal, however, almost all battered women describe psychological abuse as the most harmful. (2) Much of the research on violence against women has not focused on nontraditional populations, although available data shows that incarcerated women, women living in poverty, women belonging to minority ethnic and language groups, older women, and women with mental and physical disabilities report especially high rates of victimization. (3) Victims of violence are at increased risk for a number of physical and mental health problems, for example, in primary care practice, women who have been raped report more symptoms of illness and more negative health behaviors than nonvictimized women. (4) Effective methods for screening to identify women affected by violence are prerequisite to understanding the outcomes of abuse-sensitive medical care, for example, the effect of medical attention to violence on perceived health utilization of health services over time, and patient satisfaction. (5) Violence against women occurs in a sociocultural context. More research should be conducted to identify sociocultural factors that promote and maintain violence against women and to learn how sociocultural factors, such as gender roles and poverty, mediate the effects of interpersonal victimization. (6) There are a number of community-based and legal system interventions available to victims of interpersonal violence. However, there is little evaluation research on the effectiveness of these interventions, especially for various subpopulations of women. More research needs to be conducted on the effectiveness of legal and community-based interventions, not only those with the goal of changing the behavior of assailants but also those with the goal of helping women take safety-promoting actions. (7) Much of the research on violence against women examines continuing rates of physical or psychological abuse as outcome measures and measures the behavior of the perpetrators, not something over which the woman has direct and immediate control. However, research on the women's attempts to manage and end the violence in their lives is rare. (8) Much of the extant research has focused on violence against women in the streets (sexual assault) or in their homes (domestic violence, battering, or marital rape). However, consistent focus on violence against women in work-related and educational contexts has been more limited. SEC. 3. RESEARCH INITIATIVES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. VIOLENCE PREVENTION RESEARCH INITIATIVES. ``(a) In General.--The Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the National Institute of Mental Health, the Director of the Office of Research on Women's Health, the Director of the Office of Women's Health, the Director of the National Institute of Drug Abuse, and the Director of the National Institute of Alcohol Abuse and Alcoholism, shall make grants and enter into contracts to-- ``(1) increase research on the psychological sequelae of violence against women; ``(2) expand research on special populations and their risk for violence, including adolescents, older women, ethnic minorities, women with disabilities, and other affected populations; ``(3) increase research on violence against women as a risk factor for various mental and physical health problems; ``(4) develop and test effective methods of screening for violence in all points of entry to the health care system, including mental health, emergency medicine, and primary care; ``(5) expand and enhance research on sociocultural correlates of violence, such as the factors that create the predisposition toward violent behavior, situational variables that trigger the expression of violence, and social processes that allow violence to continue without negative consequences to the perpetrator; ``(6) develop systematic and quantifiable measures to evaluate treatment programs and prevention strategies for victims and perpetrators of violence; ``(7) conduct research to increase better understanding of the complex process victimized women go through in attempting to manage and end the violence in their lives and focus on resilience and coping mechanisms; and ``(8) develop standardized questions concerning rape, battering, and sexual harassment in work-related and educational contexts to be routinely included in governmentally sponsored national surveys in order to obtain a fuller and more accurate assessment of the nature, prevalence, and effect of multiple forms of violence against women in these settings. ``(b) Maximum Amount.--The Secretary shall not award a grant under this section in an amount which exceeds $500,000. ``(c) Duration.--The Secretary shall award grants under this section for a period not to exceed 5 years. ``(d) Application.-- ``(1) In general.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Contents.--Each application submitted pursuant to paragraph (1) shall-- ``(A) describe the activities for which assistance under this section is sought; and ``(B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section. ``(e) Authorization of Appropriations.--There are authorized to be appropriated $50,000,000 for fiscal year 2003 and such sums as may be necessary for each of the fiscal years 2004, 2005, and 2006 to carry out the provisions of this section.''.

Expanding Research for Women in Trauma Act of 2002 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to: (1) increase and expand specified violence prevention research initiatives that focus upon violence against women and special populations including adolescents and ethnic minorities; and (2) award grants for such programs for a maximum five-year period.

A bill to expand research for women in trauma.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Consideration of Proposed Rescissions Act of 1993''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new sections: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In addition to the method of rescinding budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in an appropriations Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Not later than 3 days after the date of enactment of an appropriation Act, the President may transmit to Congress a special message proposing to rescind amounts of budget authority provided in that Act and include with that special message a draft bill or joint resolution that, if enacted, would only rescind that budget authority. ``(2) In the case of an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind budget authority under this section shall send a separate special message and accompanying draft bill or joint resolution for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second day of continuous session of the applicable House after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Congress in which the appropriation Act involved originated shall introduce (by request) the draft bill or joint resolution accompanying that special message. If the bill or joint resolution is not introduced as provided in the preceding sentence, then, on the third day of continuous session of that House after the date of receipt of that special message, any Member of that House may introduce the bill or joint resolution. ``(B) The bill or joint resolution shall be referred to the Committee on Appropriations of that House. The committee shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill or joint resolution within that period, that committee shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed on the appropriate calendar. ``(C) A vote on final passage of the bill or joint resolution shall be taken in that House on or before the close of the 10th calendar day of continuous session of that House after the date of the introduction of the bill or joint resolution in that House. If the bill or joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the bill or joint resolution to be engrossed, certified, and transmitted to the other House of Congress on the same calendar day on which the bill or joint resolution is agreed to. ``(2)(A) A bill or joint resolution transmitted to the House of Representatives or the Senate pursuant to paragraph (1)(C) shall be referred to the Committee on Appropriations of that House. The committee shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after it receives the bill or joint resolution. A committee failing to report the bill or joint resolution within such period shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill or joint resolution transmitted to that House shall be taken on or before the close of the 10th calendar day of continuous session of that House after the date on which the bill or joint resolution is transmitted. If the bill or joint resolution is agreed to in that House, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the engrossed bill or joint resolution to be returned to the House in which the bill or joint resolution originated. ``(3)(A) A motion in the House of Representatives to proceed to the consideration of a bill or joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill or joint resolution under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill or joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill or joint resolution under this section or to move to reconsider the vote by which the bill or joint resolution is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill or joint resolution under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill or joint resolution under this section shall be governed by the Rules of the House of Representatives. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill or joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill or joint resolution under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill or joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or joint resolution, except that in the event the manager of the bill or joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill or joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill or joint resolution under this section is not debatable. A motion to recommit a bill or joint resolution under this section is not in order. ``(d) Amendments Prohibited.--No amendment to a bill or joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(e) Requirement To Make Available for Obligation.--Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the day after the date on which either House defeats the bill or joint resolution transmitted with that special message. ``(f) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(2) continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period. ``expedited consideration of certain proposed repeals of tax expenditures ``Sec. 1013A. (a) Proposed Repeal of Tax Expenditure.--The President may propose, at the time and in the manner provided in subsection (b), the repeal of any provision in an Act that would result in a tax expenditure. ``(b) Transmittal of Special Message.-- ``(1) Not later than 3 days after the date of enactment into law of an Act containing a provision described in subsection (a), the President may transmit to Congress a special message proposing to repeal any such provision contained in that Act and include with that special message a draft bill or joint resolution that, if enacted, would repeal such provision. ``(2) Each special message shall include, with respect to the provision proposed to be repealed, a budget analysis of such provision. ``(c) Procedures for Expedited Consideration.--Each special message transmitted pursuant to subsection (b) shall be considered in accordance with the procedures provided for special messages in section 1013(d). ``(d) Definition.--For purposes of this section, the term `tax expenditure' shall have the meaning given such term in section 3(3) of the Congressional Budget Act of 1974.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, 1013A, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013, 1013A, and 1018''. (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by section 2(a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by section 2(a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. SEC. 3. TERMINATION. The authority provided by section 1013 and 1013A of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall terminate effective on the date in 1994 on which Congress adjourns sine die. S 740 IS----2

Expedited Consideration of Proposed Recissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President an additional method of rescinding budget authority. Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriations Act. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill or revenue Act and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such proposals. Allows the President to transmit to the Congress, for expedited consideration, one or more special messages proposing to repeal any provision in an Act that would result in a tax expenditure.

Expedited Consideration of Proposed Rescissions Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Ambulance Payment Reform Act of 2001''. SEC. 2. AMBULANCE PAYMENT RATES. (a) Payment Rates.-- (1) In general.--Section 1834(l)(3) of the Social Security Act (42 U.S.C. 1395m(l)(3)) is amended to read as follows: ``(3) Payment rates.-- ``(A) In general.--Subject to any adjustment under subparagraph (B) and paragraph (9) and the full payment of a national mileage rate pursuant to subparagraph (2)(E), in establishing such fee schedule, the following rules shall apply: ``(i) Payment rates in 2002.-- ``(I) Ground ambulance services.-- In the case of ground ambulance services furnished under this part in 2002, the Secretary shall set the payment rates under the fee schedule for such services at a rate based on the average costs (as determined by the Secretary on the basis of the most recent and reliable information available) incurred by full cost ambulance suppliers in providing nonemergency basic life support ambulance services covered under this title, with adjustments to the rates for other ground ambulance service levels to be determined based on the rule established under paragraph (1). For the purposes of the preceding sentence, the term `full cost ambulance supplier' means a supplier for which volunteers or other unpaid staff comprise less than 20 percent of the supplier's total staff and which receives less than 20 percent of space and other capital assets free of charge. ``(II) Other ambulance services.-- In the case of ambulance services not described in subclause (I) that are furnished under this part in 2002, the Secretary shall set the payment rates under the fee schedule for such services based on the rule established under paragraph (1). ``(ii) Payment rates in subsequent years for all ambulance services.--In the case of any ambulance service furnished under this part in 2003 or any subsequent year, the Secretary shall set the payment rates under the fee schedule for such service at amounts equal to the payment rate under the fee schedule for that service furnished during the previous year, increased by the percentage increase in the Consumer Price Index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year. ``(B) Adjustment in rural rates.--For years beginning with 2004, the Secretary, after taking into consideration the recommendations contained in the report submitted under section 221(b)(3) the Medicare, Medicaid, and SCHIP Benefits Improvements and Protection Act of 2000, shall adjust the fee schedule payment rates that would otherwise apply under this subsection for ambulance services provided in low density rural areas based on the increased cost (if any) of providing such services in such areas.''. (2) Conforming amendment.--Section 221(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-487), as enacted into law by section 1(a)(6) of Public Law 106-554, is repealed. (3) Technical amendment.-- (A) In general.--Paragraph (8) of section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as added by section 221(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-487), as enacted into law by section 1(a)(6) of Public Law 106-554, is redesignated as paragraph (9). (B) Effective date.--The amendment made by subparagraph (A) shall take effect as if included in the enactment of such section 221(a). (b) Use of Medical Conditions for Coding Ambulance Services.-- Section 1834(l)(7) of the Social Security Act (42 U.S.C. 1395m(l)(7)) is amended to read as follows: ``(7) Coding system.-- ``(A) In general.--The Secretary shall, in accordance with section 1173(c)(1)(B), establish a system or systems for the coding of claims for ambulance services for which payment is made under this subsection, including a code set specifying the medical condition of the individual who is transported and the level of service that is appropriate for the transportation of an individual with that medical condition. ``(B) Medical conditions.--The code set established under subparagraph (A) shall-- ``(i) take into account the list of medical conditions developed in the course of the negotiated rulemaking process conducted under paragraph (1); and ``(ii) notwithstanding any other provision of law, be adopted as a standard code set under section 1173(c).''. SEC. 3. PRUDENT LAYPERSON STANDARD FOR EMERGENCY AMBULANCE SERVICES UNDER MEDICARE AND MEDICAID. (a) Ambulance Services for Medicare Fee-For-Service Beneficiaries.--Section 1861(s)(7) of the Social Security Act (42 U.S.C. 1395x(s)(7)) is amended by inserting before the semicolon at the end the following: ``, except that such regulations shall not fail to treat ambulance services as medical and other health services solely because the ultimate diagnosis of the individual receiving the ambulance services results in the conclusion that ambulance services were not necessary, as long as the request for ambulance services is made after the sudden onset of a medical condition that would be classified as an emergency medical condition (as defined in section 1852(d)(3)(B)).''. (b) Ambulance Services for Medicare+Choice Enrollees.--Section 1852(d)(3)(A) of the Social Security Act (42 U.S.C. 1395w-22(d)(3)(A)) is amended by inserting ``(including the services described in section 1861(s)(7))'' after ``outpatient services'' in the matter preceding clause (i). (c) Ambulance Services in Medicaid Managed Care Plans.--Section 1932(b)(2)(B) of the Social Security Act (42 U.S.C. 1396u-2(b)(2)(B)) is amended by inserting ``(including the services described in section 1861(s)(7) (if covered by the State plan))'' after ``outpatient services'' in the matter preceding clause (i). (d) Effective Date.--The amendments made by this section shall apply with respect to services provided on and after the date of enactment of the Act.

Medicare Ambulance Payment Reform Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise requirements for payment for ambulance services concerning: (1) the establishment of a fee schedule; and (2) the coding system specifying the medical condition of the individual transported by an ambulance and the appropriate level of transportation service.Amends SSA titles XVIII (Medicare) (including part C (Medicare+Choice) of the Medicare program) and XIX (Medicaid) to establish a prudent layperson standard for justification of emergency ambulance services under Medicare and Medicaid.

A bill to amend the title XVIII of the Social Security Act to provide payment to medicare ambulance suppliers of the full costs of providing such services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Audit and Accountability Act''. SEC. 2. APPOINTMENT OF FEDERAL RESERVE BANK PRESIDENTS BY THE PRESIDENT BY AND WITH THE CONSENT OF THE SENATE. (a) In General.--Section 4 of the Federal Reserve Act is amended by inserting after the 4th undesignated paragraph (12 U.S.C. 341; relating to general corporate powers) the following new subsection: ``(e) Bank Presidents and 1st Vice Presidents.-- ``(1) Appointment of president.--The President shall appoint, by and with the consent of the Senate, a president for each Federal reserve bank. ``(2) Appointment of 1st vice president.--The president of each Federal reserve bank shall appoint a first vice president for the bank. ``(3) Terms.--The president and first vice president shall be appointed for terms of 5 years. ``(4) Duty of president.--The president of a Federal reserve bank shall be the chief executive officer of the bank. ``(5) Duty of 1st vice president.--In addition to any other duties of the first vice president of a Federal reserve bank, the first vice president shall, in the absence or disability of the president or during a vacancy in the office of president, serve as chief executive officer of the bank. ``(6) Vacancy.--Whenever a vacancy shall occur in the office of the president or the first vice president, it shall be filled in the manner provided for the original appointment and the person so appointed shall hold office until the expiration of the term to which such person's predecessor was appointed.''. (b) Transition.-- (1) President.--The first appointment of the president for each Federal reserve bank which is made in accordance with the amendment made by subsection (a) shall take place upon the earlier of-- (A) the expiration of the term of the president of the bank who is serving in such office on the date of the enactment of this Act; or (B) the occurrence of the first vacancy in the office of president of the bank after the date of the enactment of this Act. (2) 1st vice president.--Notwithstanding any provision of the Federal Reserve Act, the term of the first vice president of any Federal reserve bank who was appointed to such position before the date of the enactment of this Act shall end as of the date on which the president of the bank is first appointed in accordance with the amendment made by subsection (a) and a first vice president shall be appointed in the manner provided by such amendment. (c) Technical and Conforming Amendment.--The subdivision designated ``Fifth.'' of the 4th undesignated paragraph of section 4 of the Federal Reserve Act (12 U.S.C. 341) is amended-- (1) in the 1st sentence, by striking ``a president, vice presidents, and''; and (2) by striking the 2d, 3d, and 4th sentences and inserting the following new sentence: ``All executive officers and all employees of the bank shall be directly responsible to the president of the bank.''. SEC. 3. GAO AUDITS OF FEDERAL RESERVE BOARD AND FEDERAL RESERVE BANKS REQUIRED; ITEMIZED BUDGETS. (a) Removal of Limitation on GAO Audits.--Section 714(b) of title 31, United States Code, is amended by striking the 2d sentence and inserting the following new sentence: ``In the case of any audit of the Board of Governors of the Federal Reserve System or any Federal reserve bank pursuant to the preceding sentence, the audit may not include transactions for or with a foreign central bank, government of a foreign country, or nonprivate international financing organization or any part of any discussion or communication among or between members of the Board of Governors of the Federal Reserve System or officers or employees of such Board which is related to any such transaction.''. (b) Itemized Budgets.--The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended by inserting after section 11A the following new section: ``SEC. 11B. ITEMIZED BUDGETS. ``(a) In General.--During the first 15 days of each regular session of Congress, the estimated receipts and proposed expenditures of the Board of Governors of the Federal Reserve System and all Federal Reserve Banks for the following fiscal year and the 2 succeeding fiscal years shall be transmitted to the Congress. ``(b) Form of Budget.--The budget submitted pursuant to subsection (a) shall be transmitted in the same form and shall meet the same requirements, other than the requirement relating to the budget message, as the budget of the United States Government transmitted in accordance with section 1105 of title 31, United States Code.''. SEC. 4. PROMPT PUBLIC DISCLOSURE OF OPEN MARKET COMMITTEE MEETINGS. Section 12A of the Federal Reserve Act (12 U.S.C. 263) is amended by adding at the end the following new subsection: ``(d) Prompt Public Disclosures of Meetings.-- ``(1) Transcription of each meeting.--Subject to paragraph (3), a written verbatim transcript of the discussion at each meeting of the Federal Open Market Committee shall be maintained by the Board and made available to the public before the end of the 1-year period beginning on the date of the meeting and shall be treated as a Government publication for purposes of making such material available to depository libraries through the facilities of the Superintendent of Documents in accordance with chapter 19 of title 41, United States Code. ``(2) Prompt disclosure of policy actions.--An explicit, written description of any determination, decision, directive, or other conclusion made by the Federal Open Market Committee at any meeting of the committee, including any directive or instruction sent to any Federal reserve bank or Federal reserve agent in connection with any open market operation, shall be made available to the public by the end of the 1-hour period beginning at the time the Board or any such bank or agent begins to implement any such determination, decision, directive, conclusion, directive, or instruction. ``(3) Limited redaction authority.-- ``(A) In general.--No verbatim transcript made available to the public pursuant to paragraph (1) may be redacted in any way other than to redact a specific reference to a foreign central bank. ``(B) Compliance audit.--The Comptroller General of the United States shall periodically audit compliance by the Board with the requirements of subparagraph (A). ``(4) Release of prior transcripts.--All transcripts maintained by the Board of any meeting of the Federal Open Market Committee which was held more than 1 year before the date of the enactment of the Federal Reserve Audit and Accountability Act shall be made available to the public in the manner provided under paragraph (1) no later than July 1, 1995. ``(5) Meeting includes executive session.--For purposes of this subsection, the term `meeting' includes any executive session of the Federal Open Market Committee or any informal meeting, teleconference call, or other occasion at which a quorum of the members of the committee are participating.''. SEC. 5. STUDY OF PRIVATIZATION OF THE FEDERAL RESERVE PAYMENT SYSTEM. (a) In General.--The Comptroller General of the United States shall conduct a study, in consultation with all interested parties, on-- (1) whether or not the Board of Governors of the Federal Reserve System has set prices for payment system services provided by such Board in a manner which fully and accurately reflects all direct and indirect costs incurred by the Board in providing such services; and (2) the ability of the private sector to fully provide payment system services, including the services being provided as of the date of the enactment of this Act by the Board, and the costs and benefits of privatizing the services which are being provided by the Board as of such date. (b) Report.--The Comptroller General shall prepare and submit a report to the Congress before the end of the 12-month period beginning on the date of the enactment of this Act on the findings and conclusions of the Comptroller General in connection with the study conducted pursuant to subsection (a).

Federal Reserve Audit and Accountability Act - Amends the Federal Reserve Act to declare that the president and first vice-president of each Federal reserve bank shall be appointed by the President, with the consent of the Senate. (Currently such appointment authority is exercised by each Federal reserve bank's board of directors.) Amends Federal law to remove specified limitations placed upon General Accounting Office audits of the Federal Reserve Board and Federal reserve banks. Requires the Board of Governors of the Federal Reserve System and all Federal reserve banks to transmit their estimated receipts and proposed expenditures to the Congress during the first 15 days of each regular session. Mandates prompt public disclosure of Federal Open Market Committee meetings and actions, including policy actions and prior transcripts. Directs the Comptroller General to study and report to the Congress on the feasibility of privatizing the Federal Reserve payment system.

Federal Reserve Audit and Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Revolutionary War and War of 1812 Battlefield Protection Act''. SEC. 2. BATTLEFIELD ACQUISITION GRANT PROGRAM FOR BATTLEFIELDS OF THE REVOLUTIONARY WAR AND WAR OF 1812. (a) Grant Program.--The American Battlefield Protection Act of 1996 (section 604 of division I of Public Law 104-333; 16 U.S.C. 469k) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) Battlefield Acquisition Grant Program for Battlefields of the Revolutionary War and War of 1812.-- ``(1) Definitions.--In this subsection: ``(A) Battlefield report.--The term `battlefield report' means the document entitled `Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States', prepared by the National Park Service, and dated September 2007. ``(B) Eligible entity.--The term `eligible entity' means a State or local government. ``(C) Eligible site.--The term `eligible site' means a site that-- ``(i) is not within the exterior boundaries of a unit of the National Park System; and ``(ii) is identified in the battlefield report. ``(D) Secretary.--The term `Secretary' means the Secretary of the Interior, acting through the American Battlefield Protection Program. ``(2) Establishment.--The Secretary shall establish a battlefield acquisition grant program for nationally significant battlefields and associated sites of the Revolutionary War and the War of 1812 under which the Secretary may make grants to eligible entities to pay the Federal share of the cost of acquiring fee-simple or lesser interests from willing sellers in eligible sites for the preservation and protection of those eligible sites. ``(3) Nonprofit partners.--An eligible entity may acquire an interest in an eligible site using a grant under this subsection in partnership with a nonprofit organization. ``(4) Non-federal share.--The non-Federal share of the total cost of acquiring an interest in an eligible site under this subsection shall be not less than 50 percent. ``(5) Limitations on land use.--An interest in an eligible site acquired under this subsection shall be subject to section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-8(f)(3)). ``(6) Reports.-- ``(A) In general.--Not later than 5 years after the date of the enactment of this subsection, the Secretary shall submit to Congress a report on the activities carried out under this subsection. ``(B) Update on battlefield report.--Not later than 3 years after the date of the enactment of this subsection, the Secretary shall submit to Congress a report that updates the battlefield report to reflect-- ``(i) preservation activities carried out at the 677 battlefields and associated sites identified in the battlefield report during the period between publication of the battlefield report and the update; ``(ii) changes in the condition of the battlefields and associated sites during that period; and ``(iii) any other relevant developments relating to the battlefields and associated sites during that period. ``(7) Authorizations of appropriations.-- ``(A) In general.--There are authorized to be appropriated to the Secretary from the Land and Water Conservation Fund to provide grants under this subsection $10,000,000 for each of fiscal years 2009 through 2013. ``(B) Update of battlefield report.--There are authorized to be appropriated to the Secretary to carry out paragraph (6)(B), $500,000.''. (b) Conforming Amendments.-- (1) References to other battlefield acquisition program.-- Subsection (d) of the American Battlefield Protection Act of 1996, as added by section 3 of Civil War Battlefield Preservation Act of 2002 (Public Law 107-359; 116 Stat. 3016), is amended-- (A) in the subsection heading, by striking ``Battlefield Acquisition Grant Program'' and inserting ``Battlefield Acquisition Grant Program for Battlefields of the Civil War''; and (B) in paragraph (2), by striking ``grant program'' and inserting ``grant program for battlefields of the Civil War''; and (2) Termination of authority.--Subsection (f) of the American Battlefield Protection Act of 1996, as redesignated by subsection (a)(1), is amended-- (A) in the subsection heading, by striking ``Repeal'' and inserting ``Expiration''; and (B) in paragraph (1), by striking ``is repealed'' and inserting ``expires''. Passed the House of Representatives September 24, 2008. Attest: LORRAINE C. MILLER, Clerk.

Revolutionary War and War of 1812 Battlefield Protection Act - Amends the American Battlefield Protection Act of 1996 to direct the Secretary of the Interior, acting through the American Battlefield Protection Program, to establish an acquisition grant program for battlefields and associated sites identified in the Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States (battlefield report). Authorizes the Secretary to provide grants to states or local governments (eligible entities) to pay the federal share of the cost of acquiring fee-simple or lesser interests from willing sellers in such sites. Permits eligible entities to acquire an interest in eligible sites using such grants in partnership with nonprofit organizations. Requires the non-federal share of the cost of acquisition of eligible sites to be not less than 50 percent of the total. Subjects acquired property to the Land and Water Conservation Fund Act's prohibition against conversion to other than public outdoor recreation uses without the Secretary's approval. Requires the Secretary to submit to Congress a report on activities carried out under this Act and an update of the battlefield report. Authorizes appropriations to: (1) provide grants under the Program for FY2009 through FY2013; and (2) update the battlefield report.

To amend the American Battlefield Protection Act of 1996 to establish a battlefield acquisition grant program for the acquisition and protection of nationally significant battlefields and associated sites of the Revolutionary War and the War of 1812, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Agricultural Disaster Assistance Act of 2003''. SEC. 2. CROP DISASTER ASSISTANCE. (a) In General.--Subject to subsections (b) and (c) and section 4, the Secretary of Agriculture (referred to in this title as the ``Secretary'') shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance authorized under this section available to producers on a farm that have incurred qualifying crop losses for the 2001 or 2002 crop due to damaging weather or related condition, as determined by the Secretary. (b) Administration.--The Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including using the same loss thresholds for the quantity and quality losses as were used in administering that section. (c) Choice of Payments.--If a producer on a farm incurred qualifying crop losses for each of the 2001 and 2002 crop years, the producer may receive payments under this section for losses associated with the losses in either the 2001 crop year or the 2002 crop year, but not both. SEC. 3. ASSISTANCE FOR LIVESTOCK PRODUCERS. (a) In General.--Subject to subsection (b) and section 4, the Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make and administer payments for livestock losses using the criteria established to carry out the 1999 Livestock Assistance Program (except for application of the national percentage reduction factor) to producers for 2001 and 2002 losses in a county that has received an emergency designation by the President or the Secretary in calendar year 2001 or 2002. (b) Choice of Payments.--If a producer is on a farm located in a county that received an emergency designation described in subsection (a) in each of calendar years 2001 and 2002, the producer may receive payments under this section for losses associated with the declaration in either calendar year 2001 or calendar year 2002, but not both. SEC. 4. INELIGIBILITY FOR PAYMENTS. (a) Definitions.--In this section (1) Additional coverage.--The term ``additional coverage'' has the meaning given the term in section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)). (2) Insurable commodity.--The term ``insurable commodity'' means an agricultural commodity (excluding livestock) for which the producers on a farm are eligible to obtain additional coverage. (3) Noninsurable commodity.--The term ``noninsurable commodity'' means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (b) Ineligibility.--Except as provided in subsection (c), the producers on a farm shall not be eligible for a payment under section 2 with respect to losses to an insurable commodity or noninsurable commodity for a crop or calendar year (as applicable) if the producers on the farm-- (1) in the case of an insurable commodity, did not obtain additional coverage for the insurable commodity for the crop or calendar year (as applicable); and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (c) Waivers.--The Secretary may waive the application of subsection (b) to the producers on a farm for a crop or calendar year (as applicable) if-- (1) in the case of an insurable commodity, the producers on the farm enter into a contract with the Secretary under which the producers on the farm agree-- (A) to obtain additional coverage for the insurable commodity for each of the next 3 crop or calendar years (as applicable); and (B) on violation of the contract, to forfeit the right to receive any payment, loan, or benefit under title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.) for each of such crop or calendar years (as applicable); and (2) in the case of a noninsurable commodity, the producers on the farm enter into a contract with the Secretary under which the producers on the farm agree-- (A) to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 3 crop or calendar years (as applicable) under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333); and (B) on violation of the contract, to forfeit the right to receive any payment, loan, or benefit under title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.) for each of such crop or calendar years (as applicable). SEC. 5. COMMODITY CREDIT CORPORATION. The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title. SEC. 6. REGULATIONS. (a) In General.--The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. SEC. 7. EMERGENCY DESIGNATION. (a) In General.--The entire amount made available under this Act shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). (b) Designation.--The entire amount made available under this section is designated by Congress as an emergency requirement under sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 902(e)).

Emergency Agricultural Disaster Assistance Act of 2003 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers who have incurred qualifying 2001 or 2002 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2001 and 2002 losses in an emergency-designated county.Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years.Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth waiver provisions.

A bill to provide emergency disaster assistance to agricultural producers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings Enhancement for Education in College Act''. SEC. 2. COMPUTER TECHNOLOGY AND EQUIPMENT ALLOWED AS A QUALIFIED HIGHER EDUCATION EXPENSE FOR SECTION 529 ACCOUNTS. (a) In General.--Section 529(e)(3)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii), and by adding at the end the following: ``(iii) expenses paid or incurred for the purchase of any computer technology or equipment (as defined in section 170(e)(6)(F)(i)) or Internet access and related services, if such technology, equipment, or services are to be used primarily by the designated beneficiary while enrolled at an eligible educational institution. Clause (iii) shall not include expenses for computer software designed for sports, games, or hobbies unless the software is predominantly educational in nature.''. (b) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after December 31, 2010. SEC. 3. CREDIT FOR CONTRIBUTIONS TO 529 PLANS. (a) In General.--Subsection (d) of section 25B of the Internal Revenue Code of 1986 (relating to elective deferrals and IRA contributions by certain individuals) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Contributions to qualified tuition programs.-- ``(A) In general.--The term `qualified savings contribution' includes the amount of any purchase or contribution described in paragraph (1)(A) of section 529(b) to a qualified tuition program (as defined in such section) if-- ``(i) the taxpayer has the power to authorize distributions and otherwise administer the account, and ``(ii) the designated beneficiary of such purchase or contribution is the taxpayer, the taxpayer's spouse, or an individual with respect to whom the taxpayer is allowed a deduction under section 151. ``(B) Limitation based on compensation.--The amount treated as a qualified savings contribution by reason of subparagraph (A) for any taxable year shall not exceed the sum of-- ``(i) the compensation (as defined in section 219(f)(1)) includible in the taxpayer's gross income for the taxable year, and ``(ii) the amount excluded from the taxpayer's gross income under section 112 (relating to combat pay) for such year. ``(C) Determination of adjusted gross income.-- Solely for purposes of determining the applicable percentage under subsection (b) which applies with respect to the amount treated as a qualified savings contribution by reason of subparagraph (A), adjusted gross income (determined without regard to this subparagraph) shall be increased by the excess (if any) of-- ``(i) the social security benefits received during the taxable year (within the meaning of section 86), over ``(ii) the amount included in gross income for such year under section 86.''. (b) Conforming Amendments.-- (1) Section 25B of such Code is amended by striking ``qualified retirement savings'' each place it appears in the text and inserting ``qualified savings''. (2) The subsection heading for section 25B(d) of such Code is amended by striking ``Retirement''. (3) Subparagraph (A) of section 25B(d)(3) of such Code, as redesignated by subsection (a), is amended-- (A) by striking ``paragraph (1)'' the first place it appears and inserting ``paragraph (1) or (2)'', and (B) by striking ``paragraph (1)'' the second place it appears and inserting ``paragraph (1), or (2), as the case may be,''. (4) The heading for section 25B of such Code is amended by striking ``and ira contributions'' and inserting ``, ira contributions, and qualified tuition program contributions''. (5) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B and inserting the following new item: ``Sec. 25B. Elective deferrals, IRA contributions, and qualified tuition program contributions by certain individuals.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made after December 31, 2009. SEC. 4. INVESTMENT DIRECTION UNDER QUALIFIED TUITION PROGRAMS. (a) In General.--Paragraph (4) of section 529(b) of the Internal Revenue Code of 1986 (relating to investment direction) is amended by striking the period at the end and inserting ``more frequently than 2 times per calendar year.''. (b) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 2008.

Savings Enhancement for Education in College Act - Amends the Internal Revenue Code to: (1) make permanent the allowance for payment of expenses for computer technology and equipment from qualified tuition programs; (2) allow a tax credit for contributions to such programs; and (3) allow limited direction of investment of contributions or earnings in a qualified tuition program.

To amend the Internal Revenue Code of 1986 to treat computer technology and equipment as eligible higher education expenses for 529 plans, to allow certain individuals a credit against income tax for contributions to 529 plans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Amnesty and Opportunity Act of 2003''. 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 2003 - Amends the Immigration and Nationality Act to provide for legal permanent resident status for certain undocumented or nonimmigrant aliens who are: (1) alien workers in an employee-shortage occupation and sponsored by a labor organization; (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.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Workforce Advisory Commission Act of 2005''. SEC. 2. HEALTH WORKFORCE ADVISORY COMMISSION. (a) Establishment.--The Comptroller General shall establish a commission to be known as the Health Workforce Advisory Commission (referred to in this Act as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall be composed of 18 members to be appointed by the Comptroller General not later than 90 days after the date of enactment of this Act, and an ex-officio member who shall serve as the Director of the Commission. (2) Qualifications.--In appointing members to the Commission under paragraph (1), the Comptroller General shall ensure that-- (A) the Commission includes individual with national recognition for their expertise in health care workforce issues, including workforce forecasting, undergraduate and graduate training, economics, health care and health care systems financing, public health policy, and other fields; (B) the members are geographically representative of the United States and maintain a balance between urban and rural representatives; (C) the members includes a representative from the commissioned corps of the Public Health Service; (D) the members represent the spectrum of professions in the current and future healthcare workforce, including physicians, nurses, and other health professionals and personnel, and are skilled in the conduct and interpretation of health workforce measurement, monitoring and analysis, health services, economic, and other workforce related research and technology assessment; (E) at least 25 percent of the members who are health care providers are from rural areas; and (F) a majority of the members are individuals who are not currently primarily involved in the provision or management of health professions education and training programs. (3) Terms and vacancies.-- (A) Terms.--The term of service of the members of the Commission shall be for 3 years except that the Comptroller General shall designate staggered terms for members initially appointed under paragraph (1). (B) Vacancies.--Any member who is appointed to fill a vacancy on the Commission that occurs before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. (4) Chairperson.-- (A) Designation.--The Comptroller General shall designate a member of the Commission, at the time of the appointment of such member-- (i) to serve as the Chairperson of the Commission; and (ii) to serve as the Vice Chairperson of the Commission. (B) Term.--A member shall serve as the Chairperson or Vice Chairperson of the Commission under subparagraph (A) for the term of such member. (C) Vacancy.--In the case of a vacancy in the Chairpersonship or Vice Chairpersonship, the Comptroller General shall designate another member to serve for the remainder of the vacant member's term. (c) Duties.--The Commission shall-- (1) review the health workforce policies implemented-- (A) under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395, 1396 et seq.); (B) under titles VII and VIII of the Public Health Service Act (42 U.S.C. 292, 296 et seq.); (C) by the National Institutes of Health; (D) by the Department of Health and Human Services; (E) by the Department of Veterans Affairs; and (F) by other departments and agencies as appropriate; (2) analyze and make recommendations to improve the methods used to measure and monitor the health workforce and the relationship between the number and make up of such personnel and the access of individuals to appropriate health care; (3) review the impact of health workforce policies and other factors on the ability of the health care system to provide optimal medical and health care services; (4) analyze and make recommendations pertaining to Federal incentives (financial, regulatory, and otherwise) and Federal programs that are in place to promote the education of an appropriate number and mix of health professionals to provide access to appropriate health care in the United States; (5) analyze and make recommendations about the appropriate supply and distribution of physicians, nurses, and other health professionals and personnel to achieve a health care system that is safe, effective, patient centered, timely, equitable, and efficient; (6) analyze the role and global implications of internationally trained physicians, nurses, and other health professionals and personnel in the United States health workforce; (7) analyze and make recommendations about achieving appropriate diversity in the United States health workforce; (8) conduct public meetings to discuss health workforce policy issues and help formulate recommendations for Congress and the Secretary of Health and Human Services; (9) in the course of meetings conducted under paragraph (8), consider the results of staff research, presentations by policy experts, and comments from interested parties; (10) make recommendations to Congress concerning health workforce policy issues; (11) not later than April 15, 2006, and each April 15 thereafter, submit a report to Congress containing the results of the reviews conducted under this subsection and the recommendations developed under this subsection; (12) periodically, as determined appropriate by the Commission, submit reports to Congress concerning specific issues that the Commission determines are of high importance; and (13) carry out any other activities determined appropriate by the Secretary of Health and Human Services. (d) Ongoing Duties Concerning Reports and Reviews.-- (1) Commenting on reports.-- (A) Submission to commission.--The Secretary of Health and Human Services shall transmit to the Commission a copy of each report that is submitted by the Secretary to Congress if such report is required by law and relates to health workforce policy. (B) Review.--The Commission shall review a report transmitted under subparagraph (A) and, not later than 6 months after the date on which the report is transmitted, submit to the appropriate committees of Congress written comments concerning such report. Such comments may include such recommendations as the Commission determines appropriate. (2) Agenda and additional reviews.-- (A) In general.--The Commission shall consult periodically with the chairman and ranking members of the appropriate committees of Congress concerning the agenda and progress of the Commission. (B) Additional reviews.--The Commission may from time to time conduct additional reviews and submit additional reports to the appropriate committees of Congress on topics relating to Federal health workforce-related programs and as may be requested by the chairman and ranking members of such committees. (3) Availability of reports.--The Commission shall transmit to the Secretary of Health and Human Services a copy of each report submitted by the Commission under this section and shall make such reports available to the public. (e) Powers of the Commission.-- (1) General powers.--Subject to such review as the Comptroller General determines to be necessary to ensure the efficient administration of the Commission, the Commission may-- (A) employ and fix the compensation of the Executive Director and such other personnel as may be necessary to carry out its duties; (B) seek such assistance and support as may be required in the performance of its duties from appropriate Federal departments and agencies; (C) enter into contracts or make other arrangements as may be necessary for the conduct of the work of the Commission; (D) make advance, progress, and other payments that relate to the work of the Commission; (E) provide transportation and subsistence for personnel who are serving without compensation; and (F) prescribe such rules and regulations at the Commission determined necessary with respect to the internal organization and operation of the Commission. (2) Information.--To carry out its duties under this section, the Commission-- (A) shall have unrestricted access to all deliberations, records, and nonproprietary data maintained by the General Accounting Office; (B) may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out its duties under this section, on a schedule that is agreed upon between the Chairperson and the head of the department or agency involved; (C) shall utilize existing information (published and unpublished) collected and assessed either by the staff of the Commission or under other arrangements; (D) may conduct, or award grants or contracts for the conduct of, original research and experimentation where information available under subparagraphs (A) and (B) is inadequate; (E) may adopt procedures to permit any interested party to submit information to be used by the Commission in making reports and recommendations under this section; and (F) may carry out other activities determined appropriate by the Commission. (f) Administrative Provisions.-- (1) Compensation.--While serving on the business of the Commission a member of the Commission shall be entitled to compensation at the per diem equivalent of the rate provided for under level IV of the Executive Schedule under title 5, United States Code. (2) Meetings.--The Commission shall meet at the call of the Chairperson. (3) Executive director and staff.--The Comptroller General shall appoint an individual to serve as the interim Executive Director of the Commission until the members of the Commission are able to select a permanent Executive Director under subsection (e)(1)(A). (4) Ethical disclosure.--The Comptroller General shall establish a system for public disclosure by members of the Commission of financial and other potential conflicts of interest relating to such members. (5) Audits.--The Commission shall be subject to periodic audit by the Comptroller General. (g) Funding.-- (1) Requests.--The Commission shall submit requests for appropriations in the same manner as the Comptroller General submits such requests. Amounts appropriated for the Commission shall be separate from amounts appropriated for the Comptroller General. (2) Authorization of appropriations.--There are authorized to be appropriated to carry out this section, $6,000,000 for fiscal year 2006, and such sums as may be necessary for each subsequent fiscal year, of which-- (A) 80 percent of such appropriated amount shall be made available from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i); and (B) 20 percent of such appropriation shall be made available for amounts appropriated to carry out title XIX of such Act (42 U.S.C. 1396 et seq.). (h) Definition.--In this Act, the term ``appropriate committees of Congress'' means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.

Health Workforce Advisory Commission Act of 2005 - Directs the Comptroller General to establish the Health Workforce Advisory Commission to analyze health workforce policy issues, including by: (1) reviewing Federal health workforce policies; (2) analyzing and making recommendations to improve the methods used to measure and monitor the health workforce; (3) reviewing the impact of such policies on the ability of the health care system to provide optimal medical and health care services; (4) analyzing and making recommendations pertaining to Federal incentives and programs that promote the education of health professionals; (5) analyzing the role and global implications of internationally trained health professionals and personnel in the U.S. workforce; and (6) making recommendations to Congress concerning health workforce policy issues.

A bill to provide for the establishment of a Health Workforce Advisory Commission to review Federal health workforce policies and make recommendations on improving those policies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Artists' Contribution to American Heritage Act of 2001''. SEC. 2. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE TAXPAYER. (a) In General.--Subsection (e) of section 170 of the Internal Revenue Code of 1986 (relating to certain contributions of ordinary income and capital gain property) is amended by adding at the end the following new paragraph: ``(7) Special rule for certain contributions of literary, musical, or artistic compositions.-- ``(A) In general.--In the case of a qualified artistic charitable contribution-- ``(i) the amount of such contribution shall be the fair market value of the property contributed (determined at the time of such contribution), and ``(ii) no reduction in the amount of such contribution shall be made under paragraph (1). ``(B) Qualified artistic charitable contribution.-- For purposes of this paragraph, the term `qualified artistic charitable contribution' means a charitable contribution of any literary, musical, artistic, or scholarly composition, or similar property, or the copyright thereon (or both), but only if-- ``(i) such property was created by the personal efforts of the taxpayer making such contribution no less than 18 months prior to such contribution, ``(ii) the taxpayer-- ``(I) has received a qualified appraisal of the fair market value of such property in accordance with the regulations under this section, and ``(II) attaches to the taxpayer's income tax return for the taxable year in which such contribution was made a copy of such appraisal, ``(iii) the donee is an organization described in subsection (b)(1)(A), ``(iv) the use of such property by the donee is related to the purpose or function constituting the basis for the donee's exemption under section 501 (or, in the case of a governmental unit, to any purpose or function described under subsection (c)), ``(v) the taxpayer receives from the donee a written statement representing that the donee's use of the property will be in accordance with the provisions of clause (iv), and ``(vi) the written appraisal referred to in clause (ii) includes evidence of the extent (if any) to which property created by the personal efforts of the taxpayer and of the same type as the donated property is or has been-- ``(I) owned, maintained, and displayed by organizations described in subsection (b)(1)(A), and ``(II) sold to or exchanged by persons other than the taxpayer, donee, or any related person (as defined in section 465(b)(3)(C)). ``(C) Maximum dollar limitation; no carryover of increased deduction.--The increase in the deduction under this section by reason of this paragraph for any taxable year-- ``(i) shall not exceed the artistic adjusted gross income of the taxpayer for such taxable year, and ``(ii) shall not be taken into account in determining the amount which may be carried from such taxable year under subsection (d). ``(D) Artistic adjusted gross income.--For purposes of this paragraph, the term `artistic adjusted gross income' means that portion of the adjusted gross income of the taxpayer for the taxable year attributable to-- ``(i) income from the sale or use of property created by the personal efforts of the taxpayer which is of the same type as the donated property, and ``(ii) income from teaching, lecturing, performing, or similar activity with respect to property described in clause (i). ``(E) Paragraph not to apply to certain contributions.--Subparagraph (A) shall not apply to any charitable contribution of any letter, memorandum, or similar property which was written, prepared, or produced by or for an individual while the individual is an officer or employee of any person (including any government agency or instrumentality) unless such letter, memorandum, or similar property is entirely personal. ``(F) Copyright treated as separate property for partial interest rule.--In the case of a qualified artistic charitable contribution, the tangible literary, musical, artistic, or scholarly composition, or similar property and the copyright on such work shall be treated as separate properties for purposes of this paragraph and subsection (f)(3).''. (b) Effective Date.--The amendment made by this section shall apply to contributions made after the date of the enactment of this Act in taxable years ending after such date.

Artists' Contribution to American Heritage Act of 2001 - Amends the Internal Revenue Code to provide a fair market value (determined at time of contribution) deduction for charitable contributions of literary, musical, artistic, scholarly compositions, or the copyright created by a qualifying donor. Exempts certain non-personal letters and memorandum from such treatment.Limits such increased deduction to the donor's artistic adjusted income (as defined by this Act).

To amend the Internal Revenue Code of 1986 to provide that a deduction equal to fair market value shall be allowed for charitable contributions of literary, musical, artistic, or scholarly compositions created by the donor.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural and Urban Health Care Act of 2001''. SEC. 2. REQUIREMENTS FOR ADMISSION OF H-1C NONIMMIGRANT NURSES. (a) In General.--Section 212(m) of the Immigration and Nationality Act (8 U.S.C. 1182(m)) is amended to read as follows: ``(m)(1) The qualifications referred to in section 101(a)(15)(H)(i)(c), with respect to an alien who is coming to the United States to perform nursing services for a facility, are that the alien-- ``(A) has obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education or has received nursing education in the United States or Canada; ``(B) has passed the examination given by the Commission on Graduates of Foreign Nursing Schools or another appropriate examination (recognized in regulations promulgated in consultation with the Secretary of Health and Human Services) or has a full and unrestricted license under State law to practice professional nursing in the State of intended employment; and ``(C) is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to engage in the practice of professional nursing as a registered nurse immediately upon admission to the United States and is authorized under such laws to be employed by the facility, except that, in the case of an alien who is otherwise eligible to take the State licensure examination after entering into the United States, but who has not passed such examination before entering-- ``(i) the alien may take such examination not more than twice after entering, but the alien's status as a nonimmigrant under section 101(a)(15)(H)(i)(c) shall terminate, and the alien shall be required to depart the United States, if the alien does not pass such examination either the first or second time; and ``(ii) the failure of the alien to have obtained a social security account number shall not be deemed a ground of ineligibility to take such examination. ``(2)(A) The attestation referred to in section 101(a)(15)(H)(i)(c), with respect to a facility for which an alien will perform services, is an attestation as to the following: ``(i) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed by the facility. ``(ii) The alien will be paid the wage rate for registered nurses similarly employed by the facility. ``(iii) There is not a strike or lockout in the course of a labor dispute, the facility did not lay off and will not lay off a registered staff nurse employed by the facility within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition, and the employment of such an alien is not intended or designed to influence an election for a bargaining representative for registered nurses of the facility. ``(iv) At the time of the filing of the petition for registered nurses under section 101(a)(15)(H)(i)(c), notice of the filing has been provided by the facility to the bargaining representative of the registered nurses at the facility or, where there is no such bargaining representative, notice of the filing has been provided to the registered nurses employed at the facility through posting in conspicuous locations. ``(v) The facility will not, with respect to any alien issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(c)-- ``(I) authorize the alien to perform nursing services at any worksite other than a worksite controlled by the facility; or ``(II) transfer the place of employment of the alien from one worksite to another. ``(vi) The facility will not, with respect to any alien issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(c), require the alien to pay a penalty (as determined under State law) for ceasing employment prior to a date agreed to by the alien and the facility. ``(B) A copy of the attestation shall be provided, within 30 days of the date of filing, to registered nurses employed at the facility on the date of filing. ``(C) The Secretary shall review the attestation only for completeness and obvious inaccuracies. Unless the Secretary finds that the attestation is incomplete or obviously inaccurate, the Secretary shall provide the certification described in section 101(a)(15)(H)(i)(c) within 7 days of the date of the filing of the attestation. ``(D) Subject to subparagraph (F), an attestation under subparagraph (A)-- ``(i) shall expire on the date that is the later of-- ``(I) the end of the 3-year period beginning on the date of its filing with the Secretary of; or ``(II) the end of the period of admission under section 101(a)(15)(H)(i)(c) of the last alien with respect to whose admission it was applied (in accordance with clause (ii)); and ``(ii) shall apply to petitions filed during the 3-year period beginning on the date of its filing with the Secretary if the facility states in each such petition that it continues to comply with the conditions in the attestation. ``(E) A facility may meet the requirements of this paragraph with respect to more than one registered nurse in a single attestation. ``(F)(i) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying facilities that have filed petitions for nonimmigrants under section 101(a)(15)(H)(i)(c) and, for each such facility, a copy of the facility's attestation under subparagraph (A) (and accompanying documentation) and each such petition filed by the facility. ``(ii) The Secretary shall establish a process, including reasonable time limits, for the receipt, investigation, and disposition of complaints respecting a facility's failure to meet conditions attested to or a facility's misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives, associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary). The Secretary shall conduct an investigation under this clause if there is reasonable cause to believe that a facility willfully failed to meet conditions attested to. Subject to the time limits established under this clause, this subparagraph shall apply regardless of whether an attestation is expired or unexpired at the time a complaint is filed. ``(iii) Under such process, the Secretary shall provide, within 180 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in clause (iv). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination. ``(iv) If the Secretary of Labor finds, after notice and opportunity for a hearing, that a facility (for which an attestation is made) has willfully failed to meet a condition attested to or that there was a willful misrepresentation of material fact in the attestation, the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per nurse per violation, with the total penalty not to exceed $10,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney General shall not approve petitions filed with respect to a facility during a period of at least one year for nurses to be employed by the facility. ``(v) In addition to the sanctions provided for under clause (iv), if the Secretary finds, after notice and an opportunity for a hearing, that a facility has violated the condition attested to under subparagraph (A)(ii) (relating to payment of registered nurses at the prevailing wage rate), the Secretary shall order the facility to provide for payment of such amounts of back pay as may be required to comply with such condition. ``(G)(i) The Secretary shall impose on a facility filing an attestation under subparagraph (A) a filing fee, in an amount prescribed by the Secretary based on the costs of carrying out the Secretary's duties under this subsection, but not exceeding $250. ``(ii) Fees collected under this subparagraph shall be deposited in a fund established for this purpose in the Treasury of the United States. ``(iii) The collected fees in the fund shall be available to the Secretary, to the extent and in such amounts as may be provided in appropriations Acts, to cover the costs described in clause (i), in addition to any other funds that are available to the Secretary to cover such costs. ``(3) The period of admission of an alien under section 101(a)(15)(H)(i)(c) shall be for an initial period not to exceed 3 years, and may be extended if the extension does not cause the total period of authorized admission as such a nonimmigrant to exceed 6 years. ``(4) The total number of nonimmigrant visas issued pursuant to petitions granted under section 101(a)(15)(H)(i)(c) in each fiscal year shall not exceed 195,000. ``(5) A facility that has filed a petition under section 101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform nursing services for the facility-- ``(A) shall provide the nonimmigrant a wage rate and working conditions commensurate with those of nurses similarly employed by the facility; and ``(B) shall not interfere with the right of the nonimmigrant to join or organize a union. ``(6) For purposes of this subsection and section 101(a)(15)(H)(i)(c): ``(A) The term `facility' includes a hospital, nursing home, skilled nursing facility, registry, clinic, assisted- living center, and an employer who employs any registered nurse in a home setting. ``(B)(i) The term `lay off' with respect to a worker (for purposes of paragraph (2)(A)(iii))-- ``(I) means to cause the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but ``(II) does not include any situation in which the worker's offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. ``(ii) Nothing in this subparagraph is intended to limit an employee's or an employer's rights under a collective bargaining agreement or other employment contract. ``(C) The term `Secretary' means the Secretary of Labor.''. (b) Regulations; Effective Date.--Not later than 90 days after the date of the enactment of this Act, regulations to carry out subsection (a) shall be promulgated by the Secretary of Labor, in consultation with the Secretary of Health and Human Services and the Attorney General. Notwithstanding the preceding sentence, the amendment made by subsection (a) shall take effect 90 days after the date of the enactment of this Act, regardless of whether such regulations are in effect on such date. SEC. 3. INCREASE IN NUMBER OF WAIVERS OF TWO-YEAR FOREIGN RESIDENCE REQUIREMENT UPON REQUESTS BY STATE AGENCIES. Section 214(l)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(l)(1)(B)) is amended by striking ``20;'' and inserting ``40;''.

Rural and Urban Health Care Act of 2001 - Amends the Immigration and Nationality Act to: (1) revise admission requirements for nonimmigrant alien nurses, including increasing the type of qualifying employer-facilities; and (2) increase the number of annual two-year foreign residency requirement waivers for aliens receiving graduate medical education or training in the United States.

To modify the requirements applicable to the admission into the United States of H-1C nonimmigrant registered nurses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ratepayer Recovery Act of 2008''. SEC. 2. DISASTER ASSISTANCE FOR POWER TRANSMISSION AND DISTRIBUTION FACILITIES. (a) Definitions.--Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by adding at the end the following: ``(11) Private or investor-owned power facility.--The term `private or investor-owned power facility'-- ``(A) means a privately-owned or investor-owned transmission or distribution facility that provides electric or natural gas service to retail customers under State or local jurisdiction; and ``(B) includes leased facilities.''. (b) Conditions for Contributions.--Section 406(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(C) subject to paragraph (4), to a person that owns a private or investor-owned power facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility and for associated expenses incurred by the person.''; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) Conditions for assistance to private or investor- owned power facilities.-- ``(A) Definition.--In this paragraph, the term `previous major disaster' means a major disaster-- ``(i) occurring before the date of the major disaster for which Federal assistance is sought under this subsection; and ``(ii) that was declared by the President not more than 10 years before the date on which the President declared the major disaster for which Federal assistance is sought under this subsection. ``(B) Conditioned on previous event.--The President may make contributions to the owner of a private or investor-owned power facility under paragraph (1)(C) for the repair, restoration, reconstruction, or replacement of any facility damaged or destroyed as a result of a major disaster, only if-- ``(i) the facility damaged or destroyed as a result of the major disaster was damaged or destroyed by a previous major disaster; ``(ii) the cost of repairing, restoring, reconstructing, or replacing the private or investor-owned power facility damaged or destroyed by the previous major disaster exceeded $2,500 for each retail customer receiving electrical or natural gas service from the owner on the day before the date of the previous major disaster; ``(iii) the total costs of repair, restoration, reconstruction, or replacement of all private or investor-owned power facilities owned by such person and associated expenses incurred by the person as a result of the previous major disaster exceeded $500,000,000; and ``(iv) 20 percent or more of the population, based on the most recent census data, of each geographic area in which the private or investor-owned power facility is located, had income that did not exceed the poverty line (as defined in section 2110(c)(5) of the Social Security Act (42 U.S.C. 1397jj(c)(5)) during the year before the previous major disaster. ``(C) Application for funds.--A person that owns a private or investor-owned power facility that meets the requirements under subparagraph (B) may apply for Federal assistance on or before the earlier of-- ``(i) 30 days after the date on which the President declares the major disaster for which the person requests Federal assistance; and ``(ii) the date upon which person has incurred costs of more than the greater of $10,000,000 and \2/3\ of the average annual net income of the person for the previous 3 fiscal years relating to the repair, restoration, reconstruction, or replacement of all private or investor-owned power facilities owned by the person that were damaged or destroyed as a result of the major disaster for which the person requests Federal assistance. ``(D) Amount of federal assistance for disaster relief.--The owner of a private or investor-owned power facility may receive assistance under paragraph (1)(C) for the costs of repair, restoration, reconstruction, or replacement of the facility and associated expenses incurred by the person that exceed the greater of $10,000,000 and the amount equal to \2/3\ of the average annual net income of the person for the previous 3 fiscal years. ``(E) Aggregation for purposes of determining costs.--For purposes of determining the costs of a previous major disaster under this paragraph, the owner of the private or investor-owned power facility may aggregate the costs of all previous major disasters declared during any 12-month period. ``(F) Approval or disapproval of applications.--The President shall approve or disapprove an application for assistance submitted by a person under paragraph (1)(C) for a private or investor-owned power facility not later than 30 days after the date of receipt of the application.''. (c) Federal Share.--Section 406(b)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(b)(2)) is amended by striking ``public facility or private nonprofit facility'' and inserting ``public facility, private nonprofit facility, or private or investor-owned power facility''. (d) Large In-Lieu Contributions.--Section 406(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(c)) is amended by adding at the end the following: ``(3) For private or investor-owned power facilities.-- ``(A) In general.--If a person that owns a private or investor-owned power facility determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility, the person may elect to receive, in lieu of a contribution under subsection (a)(1)(C), a contribution in an amount equal to 75 percent of the Federal share of the Federal estimate of the cost of repairing, restoring, reconstructing, or replacing the facility and of associated expenses, under the conditions described in subsection (a)(4). ``(B) Use of funds.--Funds contributed to a person under this paragraph may be used only within the area affected as a result of the major disaster for which the person requests Federal assistance to-- ``(i) repair, restore, or expand other private or investor-owned power facilities owned by the person; ``(ii) construct a new private or investor- owned power facility owned by the person; or ``(iii) fund hazard mitigation measures that the person determines to be necessary to meet a need for the services and functions of the person in the area affected by the major disaster.''. (e) Eligible Cost.--Section 406(e)(1)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A)) is amended by striking ``public facility or private nonprofit facility'' and inserting ``public facility, private nonprofit facility, or private or investor-owned power facility''. SEC. 3. REGULATIONS. Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall promulgate regulations necessary to implement this Act and the amendments made by this Act.

Ratepayer Recovery Act of 2008 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to cite conditions under which the President is authorized to make disaster assistance contributions for the repair, restoration, reconstruction, or replacement of private or investor-owned power transmission and distribution facilities damaged or destroyed by a major disaster. Cites conditions for large in-lieu contributions to a private or investor-owned power facility if the owner determines that the public welfare would not best be served by repairing, restoring, reconstructing, or replacing the facility. Restricts the use of such funds to the area affected as a result of the major disaster.

A bill to provide for disaster assistance for power transmission and distribution facilities, and for other purposes.

SECTION 1. CHANGES IN THRESHOLD AND OTHER TESTS FOR DETERMINING AMOUNT OF WAGES PAID TO AGRICULTURAL WORKERS THAT ARE SUBJECT TO SOCIAL SECURITY AND MEDICARE TAXES. (a) Increase in $150 Remuneration Threshold to $1,000 and Increase in Total Farm Payroll Test.-- (1) Internal revenue code of 1986.--Subparagraph (B) of section 3121(a)(8) of the Internal Revenue Code of 1986 (relating to definition of wages) is amended-- (A) in clause (i), by striking ``$150'' and inserting ``$1,000''; and (B) in clause (ii), by striking ``$2500'' and inserting ``$50,000''. (2) Social security act.--Subparagraph (B) of section 209(a)(7) of the Social Security Act (42 U.S.C. 409(a)(7)(B)) (relating to definition of wages) is amended-- (A) in clause (i), by striking ``$150'' and inserting ``$1,000''; and (B) in clause (ii), by striking ``$2500'' and inserting ``$50,000''. (b) Adjustment for Inflation.-- (1) Internal revenue code of 1986.--Subsection (i) of section 3121 of the Internal Revenue Code of 1986 (relating to computation of wages in certain cases) is amended by adding at the end the following new paragraph: ``(6) Agricultural labor.-- ``(A) In general.--For purposes of this chapter, in the case of agricultural labor referred to in subsection (a)(8), in the case of a calendar year after 2003, the $1,000 amount contained in subparagraph (B)(i), and the $50,000 amount contained in subparagraph (B)(ii), 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 by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any increase determined under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.''. (2) Social security act.--Section 209 of the Social Security Act (42 U.S.C. 409) is amended by adding at the end the following new subsection: ``(l)(1) For purposes of this title, in the case of agricultural labor referred to in subsection (a)(7), in the case of a calendar year after 2003, the $1,000 amount contained in subparagraph (B)(i), and the $50,000 amount contained in subparagraph (B)(ii), shall each be increased in the same manner as the $1,000 amount and the $50,000 amount, respectively, contained in section 3121(a)(8)(B) of the Internal Revenue Code of 1986 are increased pursuant to section 3121(i)(6) of such Code.''. (c) Exemption for Service Performed by Certain Full-Time Students.-- (1) Internal revenue code of 1986.--Section 3121(b) of the Internal Revenue Code of 1986 (relating to definition of employment) is amended by striking ``or'' at the end of paragraph (20), by striking the period at the end of paragraph (21) and inserting ``; or'', and by adding at the end the following new paragraph: ``(22) agricultural labor performed by a full-time student who has not attained 18 years of age.''. (2) Social security act.--Section 210(a) of the Social Security Act (42 U.S.C. 410(a)) is amended-- (A) by striking ``or'' at the end of paragraph (20), (B) by striking the period at the end of paragraph (21) and inserting ``; or'', and (C) by inserting after paragraph (21) the following new paragraph: ``(22) Agricultural labor performed by a full-time student who has not attained 18 years of age.''. (d) Effective Date.--The amendments made by this section shall apply to remuneration paid after December 31, 2003. SEC. 2. COORDINATION OF COLLECTION OF AGRICULTURAL LABOR EMPLOYMENT TAXES WITH COLLECTION OF INCOME TAXES. (a) In General.--Subsection (c) of section 3510 of the Internal Revenue Code of 1986 (relating to coordination of collection of domestic service employment taxes with collection of income taxes) is amended to read as follows: ``(c) Eligible Employment Taxes.-- ``(1) In general.--For purposes of this section, the term `eligible employment taxes' means-- ``(A) domestic service employment taxes, and ``(B) agricultural labor employment taxes. ``(2) Domestic service employment taxes.--For purposes of paragraph (1), the term `domestic service employment taxes' means-- ``(A) any taxes imposed by chapter 21 or 23 on remuneration paid for domestic service in a private home of the employer, and ``(B) any amount withheld from such remuneration pursuant to an agreement under section 3402(p). For purposes of this paragraph, the term `domestic service in a private home of the employer' includes domestic service described in section 3121(g)(5). ``(3) Agricultural labor employment taxes.--For purposes of paragraph (1), the term `agricultural labor employment taxes' means-- ``(A) any taxes imposed by chapter 21 or 23 on remuneration paid for agricultural labor, and ``(B) any amount withheld from such remuneration pursuant to an agreement under section 3402(p). For purposes of this paragraph, the term `agricultural labor' has the meaning provided in section 3121(g).''. (b) Conforming Amendments.-- (1) The heading of section 3510 of such Code is amended by inserting ``AND AGRICULTURAL LABOR'' after ``DOMESTIC SERVICE''. (2) Subsections (a)(1), (b)(1), (e), and (f)(1) of such section are each amended by striking ``domestic service employment taxes'' and inserting ``eligible employment taxes''. (3) The heading of subsection (b) of such section is amended by striking ``Domestic Service'' and inserting ``Eligible''. (4) Subsection (d) and the first sentence of subsection (f)(1) of such section are each amended by inserting before the period at the end the following: ``or for agricultural labor''. (5) Subsection (e) of such section is amended by inserting before the period at the end the following: ``and agricultural labor employers' income taxes''. (c) Effective Date.--The amendments made by this section shall apply to remuneration paid after December 31, 2003.

Amends the Internal Revenue Code and the Social Security Act to increase the cash remuneration or employer expenditure thresholds for agricultural labor wage purposes.Exempts from the definition of "employment" for employer tax purposes agricultural labor performed by a full-time student under 18 years old.Amends the Code to provide for collection coordination of agricultural labor employment tax and income tax.

To amend the Internal Revenue Code of 1986 to change certain threshold and other tests in order to decrease the amount of farm labor wages that are subject to Social Security and Medicare taxes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Magnitsky Human Rights Accountability Act''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives; and (B) the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate. (2) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (3) Gross violations of internationally recognized human rights.--The term ``gross violations of internationally recognized human rights'' includes torture or cruel, inhuman, or degrading treatment or punishment, prolonged arbitrary detention, causing the disappearance of persons by the abduction and clandestine detention of those persons, other flagrant denial of the right to life, liberty, or the security of person. (4) Person.--The term ``person'' means an individual or entity. (5) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 3. AUTHORIZATION OF IMPOSITION OF SANCTIONS. (a) In General.--The President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible information-- (1) is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country, particularly those individuals who seek-- (A) to expose illegal activity carried out by government officials; or (B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections; (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); (3) is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or (4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (3). (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Inadmissibility to united states.--In the case of a foreign person who is an individual-- (A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or (B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa or other documentation. (2) Blocking of property.-- (A) In general.--The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inapplicability of national emergency requirement.--The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this section. (c) Consideration of Certain Information in Imposing Sanctions.--In determining whether to impose sanctions under subsection (a), the President shall consider-- (1) information provided by the chairperson and ranking member of each of the appropriate congressional committees; and (2) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (d) Requests by Chairperson and Ranking Member of Appropriate Congressional Committees.--Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall-- (1) determine if that person has engaged in such an activity; and (2) submit a report to the chairperson and ranking member of that committee with respect to that determination that includes-- (A) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and (B) if the President imposed or intends to impose sanctions, a description of those sanctions. (e) Waiver for National Security Interests.--The President may waive the application of sanctions under this section with respect to a person if the President-- (1) determines that such a waiver is in the national security interests of the United States; and (2) not later than 15 days prior to granting such a waiver, submits to the appropriate congressional committees notice of, and a justification for, the waiver. (f) Exception To Comply With United Nations Headquarters Agreement.--Sanctions under subsection (b)(1) shall not apply to an individual if admitting the individual into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. (g) Enforcement of Blocking of Property.--A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out subsection (b)(2) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (h) Termination of Sanctions.--The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that-- (1) credible information exists that the person did not engage in the activity for which sanctions were imposed; (2) the person has been prosecuted appropriately for the activity for which sanctions were imposed; or (3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future. (i) Regulatory Authority.--The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. SEC. 4. REPORTS BY PRESIDENT TO CONGRESS. (a) In General.-- (1) In general.--The President shall submit to the appropriate congressional committees an annual report that includes-- (A) a list of each foreign person with respect to which the President imposed sanctions pursuant to section 3 during the year preceding the submission of the report; (B) a description of the type of sanctions imposed with respect to each such person; (C) the number of foreign persons with respect to which the President-- (i) imposed sanctions under section 3(a) during that year; and (ii) terminated sanctions under section 3(h) during that year; (D) the dates on which such sanctions were imposed or terminated, as the case may be; (E) the reasons for imposing or terminating such sanctions; and (F) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by section 3. (2) Dates for submission.-- (A) Initial report.--The President shall submit the initial report required by this subsection not later than 120 days after the date of the enactment of this Act. (B) Subsequent reports.-- (i) In general.--The President shall submit each subsequent report required by this subsection on December 10, or the first day thereafter on which both Houses of Congress are in session, of-- (I) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of such calendar year; and (II) each subsequent calendar year. (ii) Congressional statement.--Congress notes that December 10 of each calendar year has been recognized in the United States and internationally since 1950 as ``Human Rights Day'' and thus the importance of December 10 of each calendar year as the date of submission of the subsequent reports required by this subsection. (b) Form of Report.-- (1) In general.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) Exception.-- (A) In general.--Subject to subparagraph (B), the name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President-- (i) determines that it is vital for the national security interests of the United States to do so; and (ii) uses the annex in a manner consistent with congressional intent and the purposes of this Act. (B) Additional information.--The President shall include the following additional information in the unclassified portion of the report required by subsection (a) with respect to foreign persons whose names are to be submitted in the classified annex authorized by paragraph (1): (i) The total number of such foreign persons. (ii) The total number of such foreign persons who are individuals and the total number of such foreign persons who are entities. (iii) In the case of-- (I) each such foreign person who is an individual, the country of citizenship of the foreign person; and (II) each such foreign person that is an entity, the country under whose laws the entity is organized. (c) Public Availability.-- (1) In general.--The unclassified portion of the report required by subsection (a) shall be made available to the public, including through publication in the Federal Register. (2) Nonapplicability of confidentiality requirement with respect to visa records.--The President shall publish the list required by subsection (a)(1) without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. SEC. 5. REPORT BY COMPTROLLER GENERAL TO CONGRESS ON IMPLEMENTATION OF THIS ACT. (a) In General.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the following: (1) A description and assessment of the process-- (A) to determine whether a foreign person has engaged in an activity described in section 3(a) and whether sanctions under section 3 should be imposed with respect to the person; and (B) to determine whether the identity of a foreign person with respect to which the President has imposed sanctions pursuant to section 3 should be classified. (2) An assessment of the implementation of this Act. (b) Consultation.--The Comptroller General shall consult with the appropriate congressional committees and nongovernmental organizations for purposes of preparing the report required by subsection (a).

Global Magnitsky Human Rights Accountability Act Directs the President to impose U.S. entry and property sanctions against any foreign person (or entity) who: is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country, especially those persons seeking to expose illegal activity carried out by government officials, or to obtain, exercise, or promote human rights and freedoms; acted as an agent of or on behalf of a foreign person in such activities; is a government official (or senior associate of such official) responsible for, or complicit in, ordering or otherwise directing acts of significant corruption or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or has materially assisted or provided financial, material, or technological support for, or goods or services in support of, such activities. Prescribes related penalties. Authorizes the President, with regard to such sanctions, to: waive their application, with prior congressional notification, if in U.S. national security interests; and terminate them under specified conditions. States that sanctions shall not apply if necessary to comply with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters, or other applicable international obligations of the United States. Directs the President to report to Congress annually regarding each foreign person sanctioned, the type of sanctions imposed, and the reason for their imposition. Directs the Comptroller General to assess for Congress: (1) the process to determine whether a foreign person has engaged in a sanctionable activity, whether sanctions should be imposed, and whether the identity of a sanctioned foreign person should be classified; and (2) implementation of this Act.

Global Magnitsky Human Rights Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Secret Protection Act of 2009''. SEC. 2. STATE SECRET PRIVILEGE. In any civil action brought in Federal or State court, the Government has a privilege to refuse to give information and to prevent any person from giving information only if the Government shows that public disclosure of the information that the Government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States. SEC. 3. PROTECTION OF SECRETS. (a) In General.--The court shall take steps to protect sensitive information that comes before the court in connection with proceedings under this Act. These steps may include reviewing evidence or pleadings and hearing arguments ex parte, issuing protective orders, requiring security clearance for parties or counsel, placing material under seal, and applying security procedures established under the Classified Information Procedures Act for classified information to protect the sensitive information. (b) In Camera Proceedings.--All hearings and other proceedings under this Act may be conducted in camera, as needed to protect information that may be subject to the privilege. (c) Participation of Counsel.--Participation of counsel in proceedings under this Act shall not be limited unless the court determines that the limitation is a necessary step to protect information the Government asserts is protected by the privilege or that supports the claim of privilege and that no less restrictive means of protection suffice. The court shall give a written explanation of its decision to the parties and their counsel, which may be placed under seal. (d) Production of Adequate Substitute Pending Resolution of the Claim of Privilege.--If at any point during its consideration of the Government's claim, the court determines that disclosure of information to a party or counsel, or disclosure of information by a party that already possesses it, presents a risk of a harm described in section 2 that cannot be addressed through less restrictive means provided in this section, the court may require the Government to produce an adequate substitute, such as a redacted version, summary of the information, or stipulation regarding the relevant facts, if the court deems such a substitute feasible. The substitute must be reviewed and approved by the court and must provide counsel with a substantially equivalent opportunity to assess and challenge the Government's claim of privilege as would the protected information. SEC. 4. ASSERTION OF THE PRIVILEGE. (a) In General.--The Government may assert the privilege in connection with any claim in a civil action to which it is a party or may intervene in a civil action to which it is not a party to do so. (b) Supporting Affidavits.--If the Government asserts the privilege, the Government shall provide the court with an affidavit signed by the head of the executive branch agency with responsibility for, and control over, the information asserted to be subject to the privilege. In the affidavit, the head of the agency shall explain the factual basis for the claim of privilege. The Government shall make public an unclassified version of the affidavit. SEC. 5. PRELIMINARY PROCEEDINGS. (a) Preliminary Review by Court.--Once the Government has asserted the privilege, and before the Court makes any determinations under section 6, the court shall undertake a preliminary review of the information the Government asserts is protected by the privilege and provide the Government an opportunity to seek protective measures under this Act. After any initial protective measures are in place, the Court shall proceed to the consideration of additional preliminary matters under this section. (b) Consideration of Whether To Appoint Special Master or Expert Witness.--The court shall consider whether the appointment of a special master with appropriate expertise or an expert witness, or both, would facilitate the court's duties under this Act. (c) Index of Materials.--The court may order the Government to provide a manageable index of the information that the Government asserts is subject to the privilege. The index must correlate statements made in the affidavit required under this Act with portions of the information the Government asserts is subject to the privilege. The index shall be specific enough to afford the court an adequate foundation to review the basis of the assertion of the privilege by the Government. (d) Prehearing Conferences.--After the preliminary review the court shall hold one or more conferences with the parties to-- (1) determine any steps needed to protect sensitive information; (2) define the issues presented by the Government's claim of privilege, including whether it is possible to allow the parties to complete nonprivileged discovery before determining whether the claim of privilege is valid; (3) order disclosure to the court of anything needed to assess the claim, including all information the Government asserts is protected by the privilege and other material related to the Government's claim; (4) resolve any disputes regarding participation of counsel or parties in proceedings relating to the claim, including access to the Government's evidence and arguments; (5) set a schedule for completion of discovery related to the Government's claim; and (6) take other steps as needed, such as ordering counsel or parties to obtain security clearances. (e) Security Clearances.--If the court orders a party or counsel to obtain a security clearance, the Government shall promptly conduct the necessary review and determine whether or not to provide the clearance. If the necessary clearance is not promptly provided to counsel for a party, the party may propose that alternate or additional counsel be cleared. If within a reasonable time, alternative or additional counsel selected by the party cannot be cleared, then the court, in consultation with that party and that party's counsel, shall appoint another attorney, who can obtain the necessary clearance promptly, to represent the party in proceedings under this Act. When a security clearance for counsel sought under this Act is denied, the court may require the Government to present an ex parte explanation of that denial. SEC. 6. PROCEDURES AND STANDARD FOR ASSESSING THE PRIVILEGE CLAIM. (a) Hearing.--The court shall conduct a hearing to determine whether the privilege claim is valid. (b) Basis for Ruling.-- (1) Generally.--The court may not determine that the privilege is valid until the court has reviewed-- (A) except as provided in paragraph (2), all of the information that the Government asserts is privileged; (B) the affidavits, evidence, memoranda and other filings submitted by the parties related to the privilege claim; and (C) any other evidence that the court determines it needs to rule on the privilege. (2) Sampling in certain cases.--Where the volume of information the Government asserts is privileged precludes a timely review, or the court otherwise determines a review of all of that information is not feasible, the court may substitute a sufficient sampling of the information if the court determines that there is no reasonable possibility that review of the additional information would change the court's determination on the privilege claim and the information reviewed is sufficient to enable to court to make the independent assessment required by this section. (c) Standard.--In ruling on the validity of the privilege, the court shall make an independent assessment of whether the harm identified by the Government, as required by section 2, is reasonably likely to occur should the privilege not be upheld. The court shall weigh testimony from Government experts in the same manner as it does, and along with, any other expert testimony. (d) Burden of Proof.--The Government shall have the burden of proof as to the nature of the harm and as to the likelihood of its occurrence. SEC. 7. EFFECT OF COURT DETERMINATION. (a) In General.--If the court determines that the privilege is not validly asserted, the information may be disclosed to a nongovernmental party or admitted at trial, subject to the other rules of evidence. If the court determines that the privilege is validly asserted, that information shall not be disclosed to a nongovernmental party or the public. (b) Nonprivileged Substitute.-- (1) Court consideration of substitute.--If the court finds that the privilege is validly asserted and it is possible to craft a nonprivileged substitute, such as those described in section 3(d), for the privileged information that would provide the parties a substantially equivalent opportunity to litigate the case, the court shall order the Government to produce the substitute to the satisfaction of the court. (2) Refusal to provide.--In a civil action brought against the Government, if the court orders the Government to provide a nonprivileged substitute for information and the Government fails to comply, in addition to any other appropriate sanctions, the court shall find against the Government on the factual or legal issue to which the privileged information is relevant. If the action is not brought against the Government, the court shall weigh the equities and make appropriate orders as provided in subsection (d). (c) Opportunity to Complete Discovery.--The court shall not resolve any issue or claim and shall not grant a motion to dismiss or motion for summary judgment based on the state secrets privilege and adversely to any party against whom the Government's privilege claim has been upheld until that party has had a full opportunity to complete nonprivileged discovery and to litigate the issue or claim to which the privileged information is relevant without regard to that privileged information. (d) Appropriate Orders in the Interest of Justice.--After reviewing all available evidence, and only after determining that privileged information, for which it is impossible to create a nonprivileged substitute, is necessary to decide a factual or legal issue or claim, the court shall weigh the equities and make appropriate orders in the interest of justice, such as striking the testimony of a witness, finding in favor of or against a party on a factual or legal issue to which the information is relevant, or dismissing a claim or counterclaim. SEC. 8. INTERLOCUTORY APPEAL. (a) In General.--The courts of appeal shall have jurisdiction of an appeal by any party from any interlocutory decision or order of a district court of the United States under this Act. (b) Appeal.-- (1) In general.--An appeal taken under this section either before or during trial shall be expedited by the court of appeals. (2) During trial.--If an appeal is taken during trial, the district court shall adjourn the trial until the appeal is resolved and the court of appeals-- (A) shall hear argument on appeal as expeditiously as possible after adjournment of the trial by the district court; (B) may dispense with written briefs other than the supporting materials previously submitted to the trial court; (C) shall render its decision as expeditiously as possible after argument on appeal; and (D) may dispense with the issuance of a written opinion in rendering its decision. SEC. 9. REPORTING. (a) In General.--Consistent with applicable authorities and duties, including those conferred by the Constitution of the United States upon the executive and legislative branches, the Attorney General shall report in writing to the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the chairmen and ranking minority members of the Committees on the Judiciary of the House of Representatives and Senate on any case in which the Government invokes a state secrets privilege, not later than 30 calendar days after the date of such assertion. Each report submitted under this subsection shall include all affidavits filed under this Act by the Government. (b) Operation and Effectiveness.-- (1) In general.--The Attorney General shall deliver to the committees of Congress described in subsection (a) a report concerning the operation and effectiveness of this Act and including suggested amendments to the Act. (2) Deadline.--The Attorney General shall submit this report not later than 1 year after the date of enactment of this Act, and every year thereafter until the date that is 3 years after that date of enactment. After the date that is 3 years after that date of enactment, the Attorney General shall submit a report under paragraph (1) as necessary. SEC. 10. RULE OF CONSTRUCTION. This Act provides the only privilege that may be asserted in civil cases based on state secrets and the standards and procedures set forth in this Act apply to any assertion of the privilege. SEC. 11. APPLICATION. This Act applies to claims pending on or after the date of enactment of this Act. A court also may relieve a party or its legal representative from a final judgment, order, or proceeding that was based, in whole or in part, on the state secrets privilege if-- (1) the motion for relief is filed with the rendering court within one year of the date of enactment of this Act; (2) the underlying judgment, order, or proceeding from which the party seeks relief was entered after January 1, 2002; and (3) the claim on which the judgement, order, or proceeding is based is-- (A) against the Government; or (B) arises out of conduct by persons acting in the capacity of a Government officer, employee, or agent.

State Secret Protection Act of 2009 - Declares that in any civil action brought in federal or state court the government has a privilege to refuse to give information and to prevent any person from giving information only if the government shows that public disclosure of the information that the government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States. Requires the court to take steps, including in camera hearings and other proceedings, to protect sensitive information that comes before it. Sets forth rules regarding the participation of counsel or the disclosure of information when it presents a risk of harm. Provides for court-ordered presentation of adequate or nonprivileged substitutes for privileged information. Allows the government to: (1) assert the privilege in connection with any claim in a civil action to which it is a party; or (2) intervene in a civil action to which it is not a party in order to do so. Provides that once the government has asserted the privilege, and before the court makes any determinations, the court shall: (1) undertake a preliminary review of the information in question; and (2) provide the government an opportunity to seek protective measures under this Act. Establishes procedures and a standard for assessing the privilege claim. Allows disclosure of information to a nongovernmental party, or admission at trial under the rules of evidence, if the court determines that the privilege is not validly asserted. Prohibits such disclosure or admission if the privilege is determined valid. Grants the courts of appeal jurisdiction of an appeal by any party from any interlocutory decision or order of a U.S. district court.

To provide safe, fair, and responsible procedures and standards for resolving claims of state secret privilege.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Make College Affordable Act of 2001''. SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following: ``SEC. 222. HIGHER EDUCATION EXPENSES. ``(a) Allowance of Deduction.-- ``(1) In general.--In the case of an individual, there shall be allowed as a deduction an amount equal to the applicable dollar amount of the qualified higher education expenses paid by the taxpayer during the taxable year. ``(2) Applicable dollar amount.--The applicable dollar amount for any taxable year shall be determined as follows: Applicable ``Taxable year: dollar amount: 2002.......................................... $4,000 2003.......................................... $8,000 2004 and thereafter........................... $12,000. ``(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.-- ``(A) Ratio.--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-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) the applicable amount, bears to ``(ii) $15,000. ``(B) Applicable amount.--For purposes of subparagraph (A), the applicable amount with respect to the taxpayer is an amount equal to the <plus-minus>maximum taxable income amount in the 28- percent rate bracket in the table contained in section 1 applicable to the taxpayer. ``(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. ``(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 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. ``(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' has the same meaning given the term `eligible educational institution' in section 529(e). ``(d) 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) 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.--Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (17) the following: ``(18) Higher education expenses.--The deduction allowed by section 222.''. (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 222 and inserting the following: ``Sec. 222. Higher education expenses. ``Sec. 223. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to payments made in taxable years beginning after December 31, 2001. SEC. 3. CREDIT FOR INTEREST ON HIGHER EDUCATION LOANS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. INTEREST ON HIGHER EDUCATION LOANS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the interest paid by the taxpayer during the taxable year on any qualified education loan. ``(b) Maximum Credit.-- ``(1) In general.--Except as provided in paragraph (2), the credit allowed by subsection (a) for the taxable year shall not exceed $1,500. ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--If the modified adjusted gross income of the taxpayer for the taxable year exceeds $50,000 ($100,000 in the case of a joint return), the amount which would (but for this paragraph) be allowable as a credit under this section shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so allowable as such excess bears to $20,000. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined without regard to sections 911, 931, and 933. ``(C) Inflation adjustment.--In the case of any taxable year beginning after 2003, the $50,000 and $100,000 amounts referred to in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2002' for `1992'. ``(D) Rounding.--If any amount as adjusted under subparagraph (C) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. ``(c) Dependents Not Eligible for Credit.--No credit shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Limit on Period Credit Allowed.--A credit shall be allowed under this section only with respect to interest paid on any qualified education loan during the first 60 months (whether or not consecutive) in which interest payments are required. For purposes of this paragraph, any loan and all refinancings of such loan shall be treated as 1 loan. ``(e) Definitions.--For purposes of this section-- ``(1) Qualified education loan.--The term `qualified education loan' has the meaning given such term by section 221(e)(1). ``(2) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(f) Special Rules.-- ``(1) Denial of double benefit.--No credit shall be allowed under this section for any amount taken into account for any deduction under any other provision of this chapter. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(3) Marital status.--Marital status shall be determined in accordance with section 7703.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Interest on higher education loans.''. (c) Effective Date.--The amendments made by this section shall apply to any qualified education loan (as defined in section 25B(e)(1) of the Internal Revenue Code of 1986, as added by this section) incurred on, before, or after the date of the enactment of this Act, but only with respect to any loan interest payment due after December 31, 2001.

Make College Affordable Act of 2001 - Amends the Internal Revenue Code to allow an annual income-adjusted deduction for qualified higher education expenses (tuition and academic fees) paid on behalf of a taxpayer, spouse, dependent, or grandchild. (Prohibits the use in the same year of such deduction and the Hope and Lifetime Learning Credits.)Establishes an annual income-adjusted credit (up to $1,500) for the interest paid during the first 60 months of a qualified higher education loan by a non-dependent taxpayer.

A bill to amend the Internal Revenue Code of 1986 to make higher education more affordable, and for other purposes.

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) Other Departments and Agencies.-- (1) 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) Designated department or agency.--For the purposes of this paragraph, ``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: (i) The Department of Education. (ii) The Department of Labor. (iii) The Department of Justice. (iv) The Department of Health and Human Services. (v) The Department of Housing and Urban Development. (vi) The Department of Agriculture. (vii) The Agency for International Development. (viii) The Department of Commerce. (ix) The Department of Veterans Affairs. (x) The Small Business Administration. (2) 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.

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.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Identity Theft Prevention Act of 2012''. SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT NUMBERS ON MEDICARE CARDS. (a) In General.--Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) is amended-- (1) by moving clause (x), as added by section 1414(a)(2) of the Patient Protection and Affordable Care Act, 2 ems to the left; (2) by redesignating clause (x), as added by section 2(a)(1) of the Social Security Number Protection Act of 2010, and clause (xi) as clauses (xi) and (xii), respectively; and (3) by adding at the end the following new clause: ``(xiii) The Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall establish cost-effective procedures to ensure that a Social Security account number (or derivative thereof) is not displayed, coded, or embedded on the Medicare card issued to an individual who is entitled to benefits under part A of title XVIII or enrolled under part B of title XVIII and that any other identifier displayed on such card is not identifiable as a Social Security account number (or derivative thereof).''. (b) Implementation.--In implementing clause (xiii) of section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as added by subsection (a)(3), the Secretary of Health and Human Services shall establish a cost-effective process that involves the least amount of disruption to Medicare beneficiaries and health care providers. The Secretary shall consider implementing a process, similar to the process involving Railroad Retirement Board beneficiaries, under which a Medicare beneficiary identifier which is not a Social Security account number (or derivative thereof) is used external to the Department of Health and Human Services and is convertible over to a Social Security account number (or derivative thereof) for use internal to such Department and the Social Security Administration. (c) Effective Date.-- (1) In general.--Clause (xiii) of section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as added by subsection (a)(3), shall apply with respect to Medicare cards issued on and after an effective date specified by the Secretary of Health and Human Services, but in no case shall such effective date be later than the date that is 3 years after the date of the enactment of this Act. (2) Reissuance.--The Secretary-- (A) shall provide for the reissuance of Medicare cards that comply with the requirements of such clause not later than 3 years after the effective date specified by the Secretary under paragraph (1); and (B) may permit an individual to apply for the reissuance of a Medicare card that complies with such requirements before the date of reissuance otherwise provided under subparagraph (A) in such exceptional circumstances as the Secretary may specify. (d) Funding.-- (1) Offset from mif.--Amounts in the Medicare Improvement Fund under section 1898 of the Social Security Act (42 U.S.C. 1395iii) that are available for expenditures from the Fund for services furnished in a fiscal year (through fiscal year 2020) shall be available for transfer to the Centers for Medicare & Medicaid Services Program Management Account as the Secretary of Health and Human Services determines necessary to offset the costs incurred by the Secretary (including costs under the agreement described in paragraph (2)(A)) in such fiscal year (or a previous fiscal year) in implementing clause (xiii) of section 205(c)(2)(C) of such Act (42 U.S.C. 405(c)(2)(C)), as added by subsection (a)(3), and this section. (2) Availability of funding for the social security administration.-- (A) Funding under agreement.--The Commissioner of Social Security and the Secretary of Health and Human Services shall enter into and maintain an agreement which shall-- (i) provide funds to the Commissioner, at scheduled intervals as specified in the agreement, for the full costs of the responsibilities of the Commissioner under this section; and (ii) require an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement. (B) Availability of funds.--Amounts transferred to the Centers for Medicare & Medicaid Services Program Management Account under paragraph (1) shall be available to the Secretary of Health and Human Services to carry out the agreement under subparagraph (A) and the Secretary shall provide funds to the Commissioner as required under such agreement. (e) Accountability.-- (1) Accounting of expenditures.--The Secretary of Health and Human Services and the Commissioner of Social Security shall-- (A) keep a detailed accounting of expenditures associated with the implementation of such clause and this section; and (B) submit a report on such expenditures to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Comptroller General of the United States, on a semi-annual basis, in each of fiscal years 2013 through 2021. (2) Audit.--The Comptroller General shall conduct a semi- annual financial audit of the expenditures of the Department of Health and Human Services and of the Social Security Administration during such fiscal years in implementing such clause and this section. Each such audit shall include an examination of whether funds made available under subsection (d) are used solely for the purpose described in such subsection. SEC. 3. MEDICARE SMART CARD TECHNOLOGY STUDY AND REPORT. (a) Study.--The Comptroller General of the United States shall conduct a study that examines whether the Medicare program should use smart card technology for Medicare beneficiary cards and for provider membership cards. (b) Details of Study.--Such study shall include an examination of the following: (1) Potential levels of provider investment required to use cards with such technology in various care settings. (2) Systems-related and implementation-related costs to the Medicare program to use such technology. (3) The extent to which private insurance companies have adopted or considered such technology and their reasons for adoption or non-adoption of such technology. (4) The extent to which use of cards with such technology would-- (A) reduce the potential for identity theft and other unlawful use of Medicare beneficiary and provider identifying information; (B) increase the quality of care furnished to Medicare beneficiaries; (C) improve the accuracy and efficiency in the billing for Medicare items and services furnished by Medicare providers; (D) reduce waste, fraud, and abuse in the Medicare program; and (E) impact the ability of Medicare beneficiaries to access services. (c) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Ways and Means and Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on the study conducted under this section. Such report may include recommendations regarding the use of smart card technology under the Medicare program. Passed the House of Representatives December 20, 2012. Attest: KAREN L. HAAS, Clerk.

Medicare Identity Theft Prevention Act of 2012 - Directs the Secretary of Health and Human Services (HHS) to establish cost-effective procedures to ensure that: (1) a Social Security account number (or any derivative) is not displayed, coded, or embedded on the Medicare card issued to an individual entitled to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act or enrolled under Medicare part B (Supplementary Medical Insurance); and (2) any other identifier displayed on such card is easily identifiable as not being the Social Security account number (or a derivative). Requires the Secretary, in implementing this Act, to: (1) establish a cost-effective process that involves the least amount of disruption to Medicare beneficiaries and health care providers; and (2) consider implementing a process similar to the one involving Railroad Retirement Board beneficiaries under which the Medicare beneficiary identifier used is not a Social Security account number (or derivative), is external to HHS, and is convertible over to a Social Security account number (or derivative) for use internal to HHS and the Social Security Administration. Applies these requirements to Medicare cards issued on and after an effective date, specified by the Secretary, which shall not be later than three years after enactment of this Act. Requires reissuance of existing Medicare cards within those three years to comply with this Act, but also permits individuals to apply for reissuance earlier than the official reissuance date. Makes amounts from the Medicare Improvement Fund available for transfer to the Centers for Medicare & Medicaid Services (CMS) Program Management Account to offset the costs of implementing this Act. Requires the Commissioner of Social Security and the Secretary to enter into an agreement for such funding, and keep a detailed accounting for submission to Congress. Directs the Comptroller General (GAO) to examine whether the Medicare program should use smart card technology for Medicare beneficiary cards and provider membership cards.

To amend title II of the Social Security Act to prohibit the inclusion of Social Security account numbers on Medicare cards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Resource Efficient Appliance Incentives Act of 2005.''. SEC. 2. CREDIT FOR ENERGY EFFICIENT APPLIANCES. (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. 45J. ENERGY EFFICIENT APPLIANCE CREDIT. ``(a) General Rule.-- ``(1) In general.--For purposes of section 38, the energy efficient appliance credit determined under this section for the taxable year is an amount equal to the sum of the credit amounts determined for each type of qualified energy efficient appliance. ``(2) Credit amounts.--The credit amount determined for a type of qualified energy efficient appliance is the sum of-- ``(A) the applicable amount determined under subsection (b) with respect to a qualified energy efficient appliance, multiplied by ``(B) the number of such appliances produced by the taxpayer in the United States during the calendar year ending with or within the taxable year. ``(b) Applicable Amount; Eligible Production.--For purposes of subsection (a)-- ``(1) Applicable amount.-- ``(A) In general.--The applicable amount determined under this subsection is the amount determined under the following table: ``Qualified Energy Efficient Produced in calendar year-- Applicable Appliance amount is-- ------------------------------------------------------------------------ Clothes washer with at least 2005 $50 1.42 MEF. Clothes washer with MEF at 2005, 2006, or 2007 $100 least Energy Star level in effect in 2007. Clothes washer with MEF at 2008, 2009, or 2010 $150 least Energy Star level in effect in 2010. Dishwasher with EF at least 2006, 2007, 2008, or 2009 $75 Energy Star level in effect in 2007. Refrigerator consuming at 2005 or 2006 $100 least 15 percent less kilowatt hours per year than 2001 energy conservation standard. Refrigerator consuming at 2005, 2006, 2007, 2008, or $150 least 20 percent less 2009 kilowatt hours per year than 2001 energy conservation standard. Refrigerator consuming at 2010 $150 least 25 percent less kilowatt hours per year than 2001 energy conservation standard. ------------------------------------------------------------------------ ``(B) Other appliances.--In the case of any appliance not described in the table in subparagraph (A), the applicable amount shall be zero. ``(2) Eligible production.-- ``(A) In general.--The eligible production in a calendar year with respect to each type of energy efficient appliance described in the table in paragraph (1) is the excess of-- ``(i) the number of appliances of such type which meet the energy efficiency described for such type in the table in paragraph (1) and which are produced by the taxpayer during such calendar year, over ``(ii) the average number of appliances of such type which meet the energy efficiency described for such type in the table in paragraph (1) and which were produced by the taxpayer (or any predecessor) during the preceding 3-calendar year period. ``(B) Special rule for 2005 production.--For purposes of determining eligible production for calendar year 2005-- ``(i) only production after the date of enactment of this section shall be taken into account under subparagraph (A)(i), and ``(ii) the amount taken into account under subparagraph (A)(ii) shall be an amount which bears the same ratio to the amount which would (but for this subparagraph) be taken into account under subparagraph (A)(ii) as-- ``(I) the number of days in calendar year 2005 after the date of enactment of this section, bears to ``(II) 365. ``(c) Limitations.-- ``(1) Aggregate credit amount allowed.--The aggregate amount of credit allowed under subsection (a) with respect to a taxpayer for all taxable years shall not exceed $75,000,000, reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for any prior taxable year. ``(2) Amount allowed for certain appliances.-- ``(A) In general.--In the case of appliances described in subparagraph (B), the aggregate amount of the credit allowed under subsection (a) with respect to a taxpayer for all taxable years shall not exceed $35,000,000, reduced by the amount of the credit allowed under subsection (a) to the taxpayer (or any predecessor) for any prior taxable year with respect to such appliances. ``(B) Appliances described.--The appliances described in this subparagraph are-- ``(i) clothes washers with at least a 1.42 MEF, as described in the table in subsection (b)(1), ``(ii) refrigerators which consume at least 15 percent less kilowatt hours per year than applicable energy conservation standards, as described in such table, and ``(iii) dishwashers described in such table. ``(3) Limitation based on gross receipts.--The credit allowed under subsection (a) with respect to a taxpayer for the taxable year shall not exceed an amount equal to 2 percent of the average annual gross receipts of the taxpayer for the 3 taxable years preceding the taxable year in which the credit is determined. ``(4) Gross receipts.--For purposes of this subsection, the rules of paragraphs (2) and (3) of section 448(c) shall apply. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified energy efficient appliance.--The term `qualified energy efficient appliance' means an appliance described in the table in subsection (b)(1). ``(2) Clothes washer.--The term `clothes washer' means a residential model clothes washer, including a residential style coin operated washer. ``(3) Refrigerator.--The term `refrigerator' means a residential model automatic defrost refrigerator-freezer which has an internal volume of at least 16.5 cubic feet. ``(4) Dishwasher.--The term `dishwasher' means a residential dishwasher subject to the energy conservation standards established by the Department of Energy. ``(5) MEF.--The term `MEF' means the modified energy factor, as determined by the Secretary of Energy. ``(6) Energy factor.--The term `EF' means the energy factor established by the Department of Energy for compliance with the Federal energy conservation standards. ``(7) Produced.--The term `produced' includes manufactured. ``(8) 2001 energy conservation standard.--The term `2001 energy conservation standard' means the energy conservation standards promulgated by the Department of Energy and effective July 1, 2001. ``(e) Special Rules.--For purposes of this section-- ``(1) In general.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. ``(2) Controlled group.-- ``(A) In general.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single producer. ``(B) Inclusion of foreign corporations.--For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. ``(3) Verification.--No amount shall be allowed as a credit under subsection (a) with respect to which the the taxpayer has not submitted such information or certification as the Secretary, in consultation with the Secretary of Energy, determines necessary.''. (b) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) the energy efficient appliance credit determined under section 45J(a).''. (c) 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. 45J. Energy efficient appliance credit.''. (d) Effective Date.--The amendments made by this section shall apply to appliances produced after December 31, 2004, in taxable years ending after such date.

Resource Efficient Appliance Incentives Act of 2005 - Amends the Internal Revenue Code to allow a business tax credit for the production of certain household appliances (clothes washers, dishwashers, and refrigerators) with a specified energy efficiency rating. Imposes an aggregate limitation of $75 million on such credit for all taxable years ($35 million for certain other appliances), and an annual limitation based on taxpayer gross receipts (two percent of taxpayer average annual gross receipts for the three previous taxable years).

To amend the Internal Revenue Code of 1986 to allow for an energy efficient appliance credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrity of the United States Courts Act of 2000''. SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL DECISIONS. (a) In General.--Subtitle A of title IV of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended by inserting after section 404 the following new section: ``SEC. 404A. REVIEW OF BINATIONAL PANEL DETERMINATIONS. ``(a) Basis for Review in Court of International Trade.--If, within 30 days after publication in the Federal Register of notice that a binational panel has issued a determination following a review under article 1904 of a decision of a competent investigating authority in the United States, a party or person within the meaning of paragraph 5 of article 1904 alleges that-- ``(1)(A) a member of a panel was guilty of a gross misconduct, bias, or a serious conflict of interest, or otherwise materially violated the rules of conduct, ``(B) the panel seriously departed from a fundamental rule of procedure, or ``(C) the panel manifestly exceeded its powers, authority, or jurisdiction set out in article 1904, as in failing to apply the appropriate standard of review, and ``(2) any of the actions described in paragraph (1) has materially affected the panel's decision and threatens the integrity of the binational panel review process, then such party or person may file an appeal with the United States Court of International Trade, seeking review of the binational panel determination, pursuant to section 516A of the Tariff Act of 1930. ``(b) Decisions of the Court.--In any appeal filed under subsection (a) for review of a binational panel determination, the Court of International Trade shall, after examining the legal and factual analysis underlying the findings and conclusions of the panel's decision, determine whether any of the actions described in subsection (a)(1) has been established. If the court finds that any of those actions has been established, the court shall vacate the original panel decision and enter judgment accordingly. If the actions are not established, the court shall affirm the original binational panel decision. Decisions of the Court of International Trade under this section shall be binding on the parties with respect to the matters between the parties that were before the panel. ``(c) Exclusive Jurisdiction.--If a party or person within the meaning of paragraph 5 of article 1904 timely files a notice of appeal to the Court of International Trade pursuant to this section, then jurisdiction exclusively resides with the United States Court of International Trade, and such determinations are not subject to review by an extraordinary challenge committee under paragraph 13 of article 1904. ``(d) Applicability.--This section applies to all goods from NAFTA countries which were subject to an antidumping duty or countervailing duty determination of a competent investigating authority in the United States.''. (b) Conforming Amendment.--The table of contents of the North American Free Trade Implementation Act is amended by inserting after the item relating to section 404 the following: ``Sec. 404A. Review of binational panel determinations.''. SEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE. Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A)(i)(I), by striking ``or (viii)'' and inserting ``(viii), or (ix)''; and (B) in subparagraph (B), by adding at the end the following: ``(ix) A final determination of a binational panel convened pursuant to article 1904 of the NAFTA.''; (2) in subsection (a)(5), in the matter preceding subparagraph (A), by inserting ``(other than a determination described in subsection (g)(3)(A)(vii))'' after ``apply''; and (3) in subsection (g)(3)(A)-- (A) in clause (v), by striking ``or'' at the end; (B) in clause (vi), by striking the period and inserting ``, or''; and (C) by adding at the end the following: ``(vii) a determination which either a party or person within the meaning of paragraph 5 of article 1904 of the NAFTA has requested review pursuant to section 404A of the North American Free Trade Agreement Implementation Act.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to any final determination of a binational panel convened pursuant to article 1904 of the North American Free Trade Agreement, notice of which is published in the Federal Register on or after the date of the enactment of this Act.

Amends the Tariff Act of 1930 to grant the U.S. Court of International Trade jurisdiction over the review of a final determination of such a binational panel.

Integrity of the United States Courts Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Congress Act''. SEC. 2. LIMITATION ON RETIREMENT COVERAGE FOR MEMBERS OF CONGRESS. (a) In General.--Notwithstanding any other provision of law, effective at the beginning of the Congress next beginning after the date of the enactment of this Act, a Member of Congress shall be ineligible to participate in the Civil Service Retirement System or the Federal Employees' Retirement System, except as otherwise provided under this section. (b) Participation in the Thrift Savings Plan.--Notwithstanding subsection (a), a Member may participate in the Thrift Savings Plan subject to section 8351 of title 5, United States Code, at anytime during the 12-year period beginning on the date the Member begins his or her first term. (c) Refunds of Contributions.-- (1) In general.--Nothing in subsection (a) shall prevent refunds from being made, in accordance with otherwise applicable provisions of law (including those relating to the Thrift Savings Plan), on account of an individual's becoming ineligible to participate in the Civil Service Retirement System or the Federal Employees' Retirement System (as the case may be) as a result of the enactment of this section. (2) Treatment of refund.--For purposes of any refund referred to in paragraph (1), a Member who so becomes ineligible to participate in either of the retirement systems referred to in paragraph (1) shall be treated in the same way as if separated from service. (d) Annuities Not Affected to the Extent Based on Prior Service.-- Subsection (a) shall not be considered to affect-- (1) any annuity (or other benefit) entitlement to which is based on a separation from service occurring before the date of the enactment of this Act (including any survivor annuity based on the death of the individual who so separated); or (2) any other annuity (or benefit), to the extent provided under subsection (e). (e) Preservations of Rights Based on Prior Service.-- (1) In general.--For purposes of determining eligibility for, or the amount of, any annuity (or other benefit) referred to in subsection (d)(2) based on service as a Member of Congress-- (A) all service as a Member of Congress shall be disregarded except for any such service performed before the date of the enactment of this Act; and (B) all pay for service performed as a Member of Congress shall be disregarded other than pay for service which may be taken into account under subparagraph (A). (2) Preservation of rights.--To the extent practicable, eligibility for, and the amount of, any annuity (or other benefit) to which an individual is entitled based on a separation of a Member of Congress occurring after such Member becomes ineligible to participate in the Civil Service Retirement System or the Federal Employees' Retirement System (as the case may be) by reason of subsection (a) shall be determined in a manner that preserves any rights to which the Member would have been entitled, as of the date of the enactment of this Act, had separation occurred on such date. (f) Regulations.--Any regulations necessary to carry out this section may be prescribed by the Office of Personnel Management and the Executive Director (referred to in section 8401(13) of title 5, United States Code) with respect to matters within their respective areas of responsibility. (g) Definition.--As used in this section, the terms ``Member of Congress'' and ``Member'' mean any individual under section 8331(2) or 8401(20) of title 5, United States Code. (h) Rule of Construction.--Nothing in this section shall be considered to apply with respect to any savings plan or other matter outside of subchapter III of chapter 83 or chapter 84 of title 5, United States Code. SEC. 3. DISCLOSURE OF ESTIMATES OF FEDERAL RETIREMENT BENEFITS OF MEMBERS OF CONGRESS. (a) In General.--Section 105(a) of the Legislative Branch Appropriations Act, 1965 (2 U.S.C. 104a; Public Law 88-454; 78 Stat. 550) is amended by adding at the end the following new paragraph: ``(4) The Secretary of the Senate and the Clerk of the House of Representatives shall include in each report submitted under paragraph (1), with respect to Members of Congress, as applicable-- ``(A) the total amount of individual contributions made by each Member to the Civil Service Retirement and Disability Fund and the Thrift Savings Fund under chapters 83 and 84 of title 5, United States Code, for all Federal service performed by the Member as a Member of Congress and as a Federal employee; ``(B) an estimate of the annuity each Member would be entitled to receive under chapters 83 and 84 of such title based on the earliest possible date to receive annuity payments by reason of retirement (other than disability retirement) which begins after the date of expiration of the term of office such Member is serving; and ``(C) any other information necessary to enable the public to accurately compute the Federal retirement benefits of each Member based on various assumptions of years of service and age of separation from service by reason of retirement.''. (b) Effective Date.--This section shall take effect 1 year after the date of the enactment of this Act. SEC. 4. ELIMINATION OF AUTOMATIC ANNUITY ADJUSTMENTS FOR MEMBERS OF CONGRESS. The portion of the annuity of a Member of Congress which is based solely on service as a Member of Congress shall not be subject to a COLA adjustment under section 8340 or 8462 of title 5, United States Code. SEC. 5. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF CONGRESS. (a) Pay Adjustments.--Paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) is repealed. (b) Conforming Amendment.--Section 601(a)(1) of such Act is amended-- (1) by striking ``(a)(1)'' and inserting ``(a)''; (2) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (3) by striking ``, as adjusted by paragraph (2) of this subsection''. SEC. 6. ROLLCALL VOTE FOR ANY CONGRESSIONAL PAY RAISE. It shall not be in order in the Senate or the House of Representatives to dispose of any amendment, bill, resolution, motion, or other matter relating to the pay of Members of Congress unless the matter is decided by a rollcall vote. SEC. 7. TRAVEL AWARDS FROM OFFICIAL TRAVEL OF A MEMBER, OFFICER, OR EMPLOYEE OF THE HOUSE OF REPRESENTATIVES TO BE USED ONLY WITH RESPECT TO OFFICIAL TRAVEL. (a) In General.--Notwithstanding any other provision of law, or any rule, regulation, or other authority, any travel award that accrues by reason of official travel of a Member, officer, or employee of the House of Representatives may be used only with respect to official travel. (b) Regulations.--The Committee on House Oversight of the House of Representatives shall have authority to prescribe regulations to carry out this section. (c) Definitions.--As used in this section-- (1) the term ``travel award'' means any frequent flier mileage, free travel, discounted travel, or other travel benefit, whether awarded by coupon, membership, or otherwise; and (2) the term ``official travel'' means, with respect to the House of Representatives, travel performed for the conduct of official business of the House of Representatives. SEC. 8. BAN ON MASS MAILINGS. (a) In General.--Paragraph (6)(A) of section 3210(a) of title 39, United States Code, is amended to read as follows: ``(6)(A) It is the intent of Congress that a Member of, or Member- elect to, Congress may not mail any mass mailing as franked mail.''. (b) Technical and Conforming Amendments.-- (1) The second sentence of section 3210(c) of title 39, United States Code, is amended by striking ``subsection (a) (4) and (5)'' and inserting ``subsection (a) (4), (5), and (6)''. (2) Section 3210 of title 39, United States Code, is amended-- (A) in subsection (a)(3)-- (i) in subparagraph (G) by striking ``, including general mass mailings,''; and (ii) in subparagraphs (I) and (J) by striking ``or other general mass mailing''; (B) in subsection (a)(6) by repealing subparagraphs (B), (C), and (F), and the second sentence of subparagraph (D); (C) by repealing paragraph (7) of subsection (a); and (D) by repealing subsection (f). (3) Section 316(a) of the Legislative Branch Appropriations Act, 1990 (39 U.S.C. 3210 note) is repealed. (4) Subsection (f) of section 311 of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e(f)) is repealed. (c) Effective Date.--The amendments made by this section shall take effect at the beginning of the Congress next beginning after the date of the enactment of this Act. SEC. 9. RESTRICTIONS ON USE OF MILITARY AIR COMMAND BY MEMBERS OF CONGRESS. (a) Restrictions.-- (1) In general.--Chapter 157 of title 10, United States Code, is amended by adding at the end the following: ``Sec. 2646. Restrictions on provision of air transportation to Members of Congress ``(a) Restrictions.--A Member of Congress may not receive transportation in an aircraft of the Military Air Command unless-- ``(1) the transportation is provided on a space-available basis as part of the scheduled operations of the military aircraft unrelated to the provision of transportation to Members of Congress; ``(2) the use of the military aircraft is necessary because the destination of the Member of Congress, or an airfield located within reasonable distance of the destination, is not accessible by regularly scheduled flights of commercial aircraft; or ``(3) the use of the military aircraft is the least expensive method for the Member of Congress to reach the destination by aircraft, as demonstrated by information released before the trip by the member or committee of Congress sponsoring the trip. ``(b) Destination.--In connection with transportation provided under subsection (a)(1), the destination of the military aircraft may not be selected to accommodate the travel plans of the Member of Congress requesting such transportation. ``(c) Aircraft Defined.--For purposes of this section, the term `aircraft' includes both fixed-wing airplanes and helicopters.''. (2) Technical and conforming amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``2646. Restrictions on provision of air transportation to Members of Congress.''. (b) Effect on Members Currently Receiving Transportation.--Section 2643 of title 10, United States Code, as added by subsection (a), shall not apply with respect to a Member of Congress who, as of the date of the enactment of this Act, is receiving air transportation or is scheduled to receive transportation in an aircraft of the Military Air Command until the Member completes the travel plans for which the transportation is being provided or scheduled. SEC. 10. PROHIBITION ON USE OF MILITARY MEDICAL TREATMENT FACILITIES BY MEMBERS OF CONGRESS. (a) Prohibition.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by adding at the end the following: ``Sec. 1107. Prohibition on provision of medical and dental care to Members of Congress ``A Member of Congress may not receive medical or dental care in any facility of any uniformed service unless-- ``(1) the Member of Congress is eligible or entitled to such care as a member or former member of a uniformed service or as a covered beneficiary; or ``(2) such care is provided on an emergency basis unrelated to the person's status as a Member of Congress.''. (2) Technical and conforming amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``1107. Prohibition on provision of medical and dental care to Members of Congress.''. (b) Effect on Members Currently Receiving Care.--Section 1107 of title 10, United States Code, as added by subsection (a), shall not apply with respect to a Member of Congress who is receiving medical or dental care in a facility of the uniformed services on the date of the enactment of this Act until the Member is discharged from that facility. SEC. 11. ELIMINATION OF CERTAIN RESERVED PARKING AREAS AT WASHINGTON NATIONAL AIRPORT AND WASHINGTON DULLES INTERNATIONAL AIRPORT. (a) In General.--Effective 30 days after the date of the enactment of this section, the Airports Authority-- (1) shall not provide any reserved parking areas free of charge to Members of Congress, other Government officials, or diplomats at Washington National Airport or Washington Dulles International Airport; and (2) shall establish a parking policy for such airports that provides equal access to the public, and does not provide preferential parking privileges to Members of Congress, other Government officials, or diplomats. (b) Definitions.--As used in this section, the terms ``Airports Authority'', ``Washington National Airport'', and ``Washington Dulles International Airport'' have the same meanings as in section 6004 of the Metropolitan Washington Airports Act of 1986 (49 U.S.C. App. 2453).

Citizen Congress Act - Makes Members of Congress (Members) ineligible to participate in the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS) except as otherwise provided under this Act. Allows Members to participate in the Thrift Savings Plan during the 12-year period beginning on the date the Member begins his or her first term. Permits refunds to be made in accordance with otherwise applicable law on account of an individual becoming ineligible to participate in CSRS or FERS as a result of this Act's enactment (provides that, for purposes of any such refund, a Member who becomes ineligible to participate in either of the retirement systems shall be treated as if separated from service). Sets forth provisions regarding: (1) annuities; and (2) preservation of rights based on prior service. (Sec. 3) Amends the Legislative Branch Appropriations Act, 1965 to provide for the disclosure of information necessary to enable the public to accurately compute the Federal retirement benefits of each Member based on various assumptions of years of service and age of separation from service by reason of retirement. (Sec. 4) Eliminates for Members automatic: (1) annuity cost-of-living adjustments; and (2) pay adjustments under the legislative Reorganization Act of 1946. (Sec. 6) Requires a roll call vote for any matter relating to congressional pay. (Sec. 7) Permits any travel award that accrues by reason of official travel of a House Member, officer, or employee to be used only for official travel. (Sec. 8) Expresses the intent of the Congress that a Member or Member-elect may not mail any mass mailing as franked mail. (Sec. 9) Prohibits a Member from receiving transportation in an aircraft of the Military Air Command unless: (1) the transportation is provided on a space-available basis as part of the aircraft's scheduled operations; (2) the use of the aircraft is necessary because the Member's destination or an airfield located within reasonable distance thereof is inaccessible by regularly scheduled flights of commercial aircraft; or (3) such use is the least expensive method for the Member to reach the destination by aircraft. (Sec. 10) Bars a Member from receiving medical or dental care in a facility of any uniformed service unless: (1) such Member is eligible or entitled to such care as a member or former member of a uniformed service or as a covered beneficiary; or (2) such care is provided on an emergency basis unrelated to the person's status as a Member. (Sec. 11) Prohibits the Metropolitan Washington Airports Authority from providing reserved parking areas free of charge to Members, other Government officials, or diplomats at Washington National Airport or Washington Dulles International Airport. Directs such Authority to establish a parking policy for such airports that provides equal access to the public and does not provide preferential parking privileges to such individuals.

Citizen Congress Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cathedral Rock and Horse Heaven Wilderness Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Land exchange map.--The term ``land exchange map'' means the map entitled ``Antone Ranch Exchanges'' and dated July 26, 2010. (2) Proposed wilderness map.--The term ``proposed wilderness map'' means the map entitled ``Cathedral Rock and Horse Heaven Wilderness'' and dated November 8, 2010. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Oregon. SEC. 3. LAND EXCHANGES. (a) Authorization.-- (1) Smith exchange.-- (A) In general.--Subject to subsections (b) through (e), if the owner of the non-Federal land described in subparagraph (B)(i) offers to convey to the United States all right, title, and interest of the owner in and to the non-Federal land, the Secretary shall-- (i) accept the offer; and (ii) convey to the owner of the non-Federal land all right, title, and interest of the United States in and to the Federal land described in subparagraph (B)(ii). (B) Description of land.-- (i) Non-federal land.--The non-Federal land referred to in subparagraph (A) is the approximately 1,135 acres of non-Federal land generally depicted on the proposed wilderness map as ``Land transfer from Smith to BLM''. (ii) Federal land.--The Federal land referred to in subparagraph (A)(ii) is the approximately 1,195 acres of Federal land generally depicted on the proposed wilderness map as ``Land transfer from BLM to Smith''. (2) Shrum exchange.-- (A) In general.--Subject to subsections (b) through (e), if the owner of the non-Federal land described in subparagraph (B)(i) offers to convey to the United States all right, title, and interest of the owner in and to the non-Federal land, the Secretary shall-- (i) accept the offer; and (ii) convey to the owner of the non-Federal land all right, title, and interest of the United States in and to the Federal land described in subparagraph (B)(ii). (B) Description of land.-- (i) Non-federal land.--The non-Federal land referred to in subparagraph (A) is the approximately 415 acres of non-Federal land generally depicted on the proposed wilderness map as ``Land transfer from Shrum to BLM''. (ii) Federal land.--The Federal land referred to in subparagraph (A)(ii) is the approximately 555 acres of Federal land generally depicted on the proposed wilderness map as ``Land transfer from BLM to Shrum''. (3) Young life exchange.-- (A) In general.--Subject to subsections (b) through (e), if the owner of the non-Federal land described in subparagraph (B)(i) offers to convey to the United States all right, title, and interest of the owner in and to the non-Federal land, the Secretary and the Secretary of Agriculture shall-- (i) accept the offer; and (ii) convey to the owner of the non-Federal land all right, title, and interest of the United States in and to the Federal land described in subparagraph (B)(ii). (B) Description of land.-- (i) Non-federal land.--The non-Federal land referred to in subparagraph (A) is the approximately 10,290 acres of non-Federal land generally depicted on the proposed wilderness map as ``Land transfer from Young Life to BLM''. (ii) Federal land.--The Federal land referred to in subparagraph (A)(ii) is-- (I) the approximately 11,365 acres of Federal land generally depicted on the proposed wilderness map as ``Land transfer from BLM to Young Life''; (II) the approximately 645 acres of Federal land generally depicted on the land exchange map as ``Land transfer from BLM to Young Life''; and (III) the approximately 690 acres of Federal land generally depicted on the land exchange map as ``Land transfer from USFS to Young Life''. (b) Applicable Law.--Each land exchange under subsection (a) shall be carried out in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716), including the requirement that the Secretary determine that the public interest will be well served by making the exchange. (c) Conditions.--Each land exchange under subsection (a) shall be subject to-- (1) valid existing rights; (2) the condition that the owner make the offer to convey all or part of the non-Federal land during the 3-year period beginning on the date of enactment of this Act; (3) the condition that the owner of the non-Federal land pay not less than 50 percent of all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances; (4) the condition that title to the non-Federal land be acceptable to the Secretary and in conformance with the title approval standards applicable to Federal land acquisitions; and (5) such terms and conditions as the Secretary or the Secretary of Agriculture, as appropriate, may require. (d) Valuation, Appraisals, and Equalization.-- (1) In general.--The value of the Federal land and the non- Federal land to be conveyed in each land exchange under this section-- (A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or (B) if not equal, shall be equalized in accordance with paragraph (3). (2) Appraisals.-- (A) In general.--The Federal land and the non- Federal land to be exchanged under this section shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary or the Secretary of Agriculture, as appropriate. (B) Requirements.--An appraisal under subparagraph (A) shall be conducted in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (3) Equalization.-- (A) In general.--If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section is not equal, the value may be equalized by-- (i) making a cash equalization payment to the Secretary or to the owner of the non- Federal land, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or (ii) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate. (B) Cash equalization payments.--Any cash equalization payments received by the Secretary under subparagraph (A)(i) shall be-- (i) deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and (ii) used in accordance with that Act. (e) Surveys.--The exact acreage and legal description of the Federal land and non-Federal land to be exchanged under subsection (a) shall be determined by surveys approved by the Secretary. (f) Completion of Land Exchange.--It is the intent of Congress that the land exchanges under this section be completed not later than 5 years after the date of enactment of this Act. (g) Transfer of Administrative Jurisdiction.-- (1) In general.--Administrative jurisdiction over the approximately 750 acres of Federal land managed by the Bureau of Land Management generally depicted on the land exchange map as ``Land transfer from BLM to USFS'' is transferred from the Bureau of Land Management to the Forest Service. (2) Administration.--The Secretary of Agriculture shall administer the transferred land in accordance with-- (A) the Act of March 1, 1911 (commonly known as the ``Weeks Act'') (16 U.S.C. 480 et seq.); and (B) the laws (including regulations) applicable to the National Forest System. (3) Costs.--Any costs relating to the transfer under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the Secretary of Agriculture. SEC. 4. POTENTIAL WILDERNESS AREAS. (a) Designation of Potential Wilderness.-- (1) In general.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas of Federal land managed by the Bureau of Land Management in the State are designated as potential wilderness areas until the date described in paragraph (2): (A) Cathedral rock.--Certain land comprising approximately 4,560 acres generally depicted on the proposed wilderness map as ``Proposed Cathedral Rock Wilderness''. (B) Horse heaven.--Certain land comprising approximately 2,815 acres generally depicted on the proposed wilderness map as ``Proposed Horse Heaven Wilderness''. (2) Interim management.--Each potential wilderness area shall be managed in a manner that maintains or improves the wilderness character of the potential wilderness area and suitability of the potential wilderness area for designation in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) until the earlier of-- (A) the date on which the potential wilderness area is designated as wilderness under subsection (b); or (B) the date that is 10 years after the date of enactment of this Act. (b) Designation of Wilderness.-- (1) Cathedral rock wilderness.--The Federal land within the boundaries of the area generally depicted on the proposed wilderness map as ``Proposed Cathedral Rock Wilderness'' shall be designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ``Cathedral Rock Wilderness'', on the earlier of-- (A) the date on which the Secretary publishes in the Federal Register notice that sufficient inholdings within the boundaries of the Proposed Cathedral Rock Wilderness have been acquired to establish a manageable wilderness unit; or (B) the date on which the Secretary acquires secs. 2, 11, and 23 in T. 9 S, R. 19 E. (2) Horse heaven wilderness.--The Federal land within the boundaries of the area generally depicted on the proposed wilderness map as ``Proposed Horse Heaven Wilderness'' shall be designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the ``Horse Heaven Wilderness'', on the earlier of-- (A) the date on which the Secretary publishes in the Federal Register notice that sufficient inholdings within the boundaries of the Proposed Horse Heaven Wilderness have been acquired to establish a manageable wilderness unit; or (B) the date on which the Secretary acquires those portions of secs. 11, 12, 13, 23, and 24 in T. 10 S, R. 18 E. that are generally depicted as within the boundaries of the ``Proposed Horse Heaven Wilderness'' on the proposed wilderness map. (3) Maps; legal descriptions.-- (A) In general.--As soon as practicable after the date on which a wilderness area is designated under paragraph (1) or (2), the Secretary shall file a map and legal description of the wilderness area with-- (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. (B) Force of law.--The maps and legal descriptions filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the maps and legal descriptions. (C) Availability.--The maps and legal descriptions filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (4) Administration of wilderness.-- (A) In general.--Subject to valid existing rights, each area designated as wilderness under paragraph (1) or (2) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (i) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (ii) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (B) Grazing.--The grazing of livestock in a wilderness area designated under paragraph (1) or (2), if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary, in accordance with-- (i) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (ii) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405). (C) Tribal rights.--Nothing in this section alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe, including the off- reservation reserved rights secured by the Treaty with the Tribes and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963). (c) Incorporation of Acquired Land and Interests.--Any land or interest in land that is acquired by the United States within the boundaries generally depicted on the proposed wilderness map as ``Proposed Cathedral Rock Wilderness'' and ``Proposed Horse Heaven Wilderness'' shall-- (1) become part of the potential wilderness area or wilderness area, as applicable; and (2) be managed in accordance with-- (A) this section; and (B) any other applicable laws. (d) Withdrawal.--Subject to valid existing rights, within the boundaries generally depicted on the proposed wilderness map as ``Proposed Cathedral Rock Wilderness'' and ``Proposed Horse Heaven Wilderness'', the Federal land and any land or interest in land that is acquired by the United States is withdrawn from all forms of-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.

Cathedral Rock and Horse Heaven Wilderness Act of 2011 - Designates specified Bureau of Land Management (BLM) land in Oregon as potential wilderness areas. Provides for the designation of such areas, to be known as the Cathedral Rock Wilderness and the Horse Heaven Wilderness, as wilderness and as components of the National Wilderness Preservation System. Authorizes certain land exchanges with specified landowners.

A bill to designate certain land in the State of Oregon as wilderness, to provide for the exchange of certain Federal land and non-Federal land, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Insurance Fairness Act of 2005''. SEC. 2. PREMIUMS FOR MORTGAGE INSURANCE. (a) In General.--Paragraph (3) of section 163(h) of the Internal Revenue Code of 1986 (relating to qualified residence interest) is amended by adding after subparagraph (D) the following new subparagraph: ``(E) Mortgage insurance premiums treated as interest.-- ``(i) In general.--Premiums paid or accrued for qualified mortgage insurance by a taxpayer during the taxable year in connection with acquisition indebtedness with respect to a qualified residence of the taxpayer shall be treated for purposes of this subsection as qualified residence interest. ``(ii) Phaseout.--The amount otherwise allowable as a deduction under clause (i) shall be reduced (but not below zero) by 10 percent of such amount for each $1,000 ($500 in the case of a married individual filing a separate return) (or fraction thereof) that the taxpayer's adjusted gross income for the taxable year exceeds $100,000 ($50,000 in the case of a married individual filing a separate return).''. (b) Definition and Special Rules.--Paragraph (4) of section 163(h) of the Internal Revenue Code of 1986 (relating to qualified residence interest) is amended by adding at the end the following new subparagraphs: ``(E) Qualified mortgage insurance.--The term `qualified mortgage insurance' means-- ``(i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration, or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subparagraph). ``(F) Special rules for prepaid qualified mortgage insurance.--Any amount paid by the taxpayer for qualified mortgage insurance that is properly allocable to any mortgage the payment of which extends to periods that are after the close of the taxable year in which such amount is paid shall be chargeable to capital account and shall be treated as paid in such periods to which so allocated. No deduction shall be allowed for the unamortized balance of such account if such mortgage is satisfied before the end of its term. The preceding sentences shall not apply to amounts paid for qualified mortgage insurance provided by the Veterans Administration or the Rural Housing Administration.''. SEC. 3. INFORMATION RETURNS RELATING TO MORTGAGE INSURANCE. Section 6050H of the Internal Revenue Code of 1986 (relating to information returns relating to mortgage interest) is amended by adding at the end the following new subsection: ``(h) Returns Relating to Mortgage Insurance Premiums.-- ``(1) In general.--The Secretary may prescribe, by regulations, that any person who, in the course of a trade or business, receives from any individual premiums for mortgage insurance aggregating $600 or more for any calendar year shall make a return with respect to each such individual. Such return shall be in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe. ``(2) Statement to be furnished to individuals with respect to whom information is required.--Every person required to make a return under paragraph (1) shall furnish to each individual with respect to whom a return is made a written statement showing such information as the Secretary may prescribe. Such written statement shall be furnished on or before January 31 of the year following the calendar year for which the return under paragraph (1) was required to be made. ``(3) Special rules.--For purposes of this subsection-- ``(A) rules similar to the rules of subsection (c) shall apply, and ``(B) the term `mortgage insurance' means-- ``(i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subparagraph.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to amounts paid or accrued after the date of enactment of this Act in taxable years ending after such date.

Mortgage Insurance Fairness Act of 2005 - Amends the Internal Revenue Code to allow a tax deduction for mortgage insurance premiums. Reduces the amount of such deduction for taxpayers with adjusted gross incomes exeeding $100,000. Authorizes the Secretary of the Treasury to require informational returns from any individual who receives payment of more than $600 in mortgage insurance premiums.

To amend the Internal Revenue Code of 1986 to allow a deduction for premiums on mortgage insurance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oglala Sioux Tribe Angostura Irrigation Project Modernization and Development Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Congress approved the Pick-Sloan Missouri River basin program by passing the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (33 U.S.C. 701-1 et seq.)-- (A) to promote the economic development of the United States; (B) to provide for irrigation in regions north of Sioux City, Iowa; (C) to protect urban and rural areas from devastating floods of the Missouri River; and (D) for other purposes; (2) the Angostura Unit-- (A) is a component of the Pick-Sloan program; and (B) provides for-- (i) irrigation of 12,218 acres of productive farm land in South Dakota; and (ii) substantial recreation and fish and wildlife benefits; (3) the Commissioner of Reclamation has determined that-- (A) the national economic development benefits from irrigation at the Angostura Unit total approximately $3,410,000 annually; and (B) the national economic development benefits of recreation at Angostura Reservoir total approximately $7,100,000 annually; (4) the Angostura Unit impounds the Cheyenne River 20 miles upstream of the Pine Ridge Indian Reservation in South Dakota; (5)(A) the Reservation experiences extremely high rates of unemployment and poverty; and (B) there is a need for economic development on the Reservation; (6) the national economic development benefits of the Angostura Unit do not extend to the Reservation; (7) the Angostura Unit may be associated with negative affects on water quality and riparian vegetation in the Cheyenne River on the Reservation; (8) modernization of the irrigation facilities at the Angostura Unit would-- (A) enhance the national economic development benefits of the Angostura Unit; and (B) result in improved water efficiency and environmental restoration benefits on the Reservation; and (9) the establishment of a trust fund for the Oglala Sioux Tribe would-- (A) produce economic development benefits for the Reservation comparable to the benefits produced at the Angostura Unit; and (B) provide resources that are necessary for restoration of the Cheyenne River corridor on the Reservation. SEC. 3. DEFINITIONS. In this Act: (1) Angostura unit.--The term ``Angostura Unit'' means the irrigation unit of the Angostura irrigation project developed under the Act of August 11, 1939 (16 U.S.C. 590y et seq.). (2) Fund.--The term ``Fund'' means the Oglala Sioux Tribal Development Trust Fund established by section 201(a). (3) Pick-sloan program.--The term ``Pick-Sloan program'' means the Pick-Sloan Missouri River basin program approved under the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (33 U.S.C. 701-1 et seq.). (4) Plan.--The term ``plan'' means the development plan developed by the Tribe under section 201(f). (5) Reservation.--The term ``Reservation'' means the Pine Ridge Indian Reservation in the State. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Tribe.--The term ``Tribe'' means the Oglala Sioux Tribe of South Dakota. (8) Tribal council.--The term ``Tribal Council'' means the governing body of the Tribe. TITLE I--MODERNIZATION SEC. 101. MODERNIZATION OF FACILITIES AT ANGOSTURA UNIT. (a) In General.--The Secretary shall carry out the modernization and improvement of the facilities at the Angostura Unit as described in the Improved Efficiencies Alternative included in the report entitled ``Final Environmental Impact Statement, Angostura Unit Contract Negotiation and Water Management (August 2002)''. (b) Nonreimbursability.--The cost of the modernization and improvement of the facilities at the Angostura Unit shall be carried out on a nonreimbursable basis. SEC. 102. DELIVERY OF WATER TO PINE RIDGE INDIAN RESERVATION. The Secretary shall provide for the delivery of the water saved through the modernization and improvement of the facilities of the Angostura Unit to be used for fish and wildlife purposes and environmental restoration on the Reservation. SEC. 103. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out section 101 $4,660,000, to remain available until expended. TITLE II--DEVELOPMENT SEC. 201. OGLALA SIOUX TRIBAL DEVELOPMENT TRUST FUND. (a) Oglala Sioux Tribal Development Trust Fund.--There is established in the Treasury of the United States a fund to be known as the ``Oglala Sioux Tribal Development Trust Fund'', consisting of any amounts deposited in the Fund under this title. (b) Funding.--On the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall, from the General Fund of the Treasury, deposit in the Fund-- (1) $92,500,000; and (2) the amount that equals the amount of interest that would have accrued on the amount described in paragraph (1) if that amount had been invested in interest-bearing obligations of the United States on the first day of the first fiscal year that begins after the date of enactment of this Act and compounded annually thereafter. (c) Investment of Trust Fund.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (2) Eligible obligations.--Notwithstanding any other provision of law, the Secretary of the Treasury shall invest the amounts deposited under subsection (b) and the interest earned on those amounts only in interest-bearing obligations of the United States issued directly to the Fund. (3) Interest.--The Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. (d) Payment of Interest to Tribe.-- (1) Withdrawal of interest.--Beginning on the first day of the 11th fiscal year after the date of enactment of this Act and, on the first day of each fiscal year thereafter, the Secretary of the Treasury shall transfer the aggregate amount of interest deposited into the Fund for the fiscal year to the Secretary for use in accordance with paragraph (3). (2) Availability.--Each amount transferred under paragraph (1) shall be available without fiscal year limitation. (3) Payments to tribe.-- (A) In general.--The Secretary shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Tribe, as such payments are requested by the Tribe pursuant to tribal resolution. (B) Limitation.--Payments may be made by the Secretary of the Interior under subparagraph (A) only after the Tribe has adopted a plan under subsection (f). (C) Use of payments by tribe.--The Tribe shall use the payments made under subparagraph (B) only for carrying out projects and programs under the plan prepared under subsection (f). (e) Limitation on Transfers and Withdrawals.--Except as provided in subsections (c) and (d)(1), the Secretary of the Treasury shall not transfer or withdraw any amount deposited under subsection (b). (f) Development Plan.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the governing body of the Tribe shall prepare a plan for the use of the payments to the Tribe under subsection (d). (2) Contents.--The plan shall provide for the manner in which the Tribe shall expend payments to the Tribe under subsection (d) to promote-- (A) economic development; (B) infrastructure development; (C) the educational, health, recreational, and social welfare objectives of the Tribe and members of the Tribe; or (D) any combination of the activities described in subparagraphs (A) through (C). (3) Plan review and revision.-- (A) In general.--The Tribal Council shall make available for review and comment by the members of the Tribe a copy of the plan before the plan becomes final, in accordance with procedures established by the Tribal Council. (B) Updating of plan.-- (i) In general.--The Tribal Council may, on an annual basis, revise the plan to update the plan. (ii) Review and comment.--In revising the plan, the Tribal Council shall provide the members of the Tribe opportunity to review and comment on any proposed revision to the plan. (C) Consultation.--In preparing the plan and any revisions to update the plan, the Tribal Council shall consult with the Secretary and the Secretary of Health and Human Services. (4) Audit.-- (A) In general.--The activities of the Tribe in carrying out the plan shall be audited as part of the annual single-agency audit that the Tribe is required to prepare pursuant to the Office of Management and Budget circular numbered A-133. (B) Determination by auditors.--The auditors that conduct the audit under subparagraph (A) shall-- (i) determine whether funds received by the Tribe under this section for the period covered by the audit were expended to carry out the plan in a manner consistent with this section; and (ii) include in the written findings of the audit the determination made under clause (i). (C) Inclusion of findings with publication of proceedings of tribal council.--A copy of the written findings of the audit described in subparagraph (A) shall be inserted in the published minutes of the Tribal Council proceedings for the session at which the audit is presented to the Tribal Council. (g) Prohibition of Per Capita Payments.--No portion of any payment made under this title may be distributed to any member of the Tribe on a per capita basis. SEC. 202. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES. No payment made to the Tribe under this title shall result in the reduction or denial of any service or program with respect to which, under Federal law-- (1) the Tribe is otherwise entitled because of the status of the Tribe as a federally recognized Indian tribe; or (2) any individual who is a member of the Tribe is entitled because of the status of the individual as a member of the Tribe. SEC. 203. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to pay the administrative expenses of the Fund. SEC. 204. WATER RIGHTS. Nothing in this Act-- (1)(A) affects any rights, benefits, privileges or claims (including water rights or claims to water rights) of the Tribe, whether located within or without the external boundaries of the Reservation, based on treaty, Executive order, agreement, Act of Congress, aboriginal title, the Winters doctrine (Winters v. United States, 207 U.S. 564 (1908)), or otherwise; or (B) validates or invalidates any assertion of the existence, nonexistence or extinguishment of any water rights, or claims to water rights, held by the Tribe or any other Indian tribe or individual Indian under Federal or State law; or (2) affects any other water rights in existence on the date of enactment of this Act held by any person or entity. Passed the Senate November 19, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Oglala Sioux Tribe Angostura Irrigation Project Modernization and Development Act - Title I: Modernization - Requires the Secretary of the Interior to: (1) carry out the modernization and improvement of irrigation facilities at the Angostura Unit as described in a specified report; and (2) provide for the delivery of water saved through such modernization and improvement for fish and wildlife purposes and environmental restoration on the Pine Ridge Indian Reservation, South Dakota. Title II: Development - (Sec. 201) Establishes the Oglala Sioux Tribal Development Trust Fund in the Treasury. Requires the Secretary of the Treasury to make specified deposits into the Fund and payments from it to the Tribe beginning in the 11th fiscal year after enactment of this Act. Requires the governing body of the Tribe to prepare a development plan that provides for the manner in which the Tribe shall expend such payments to promote: (1) economic development; (2) infrastructure development; (3) the educational, health, recreational, and social welfare objectives of the Tribe and its members; or (4) any combination of these activities. Requires the Tribal Council to make a copy of the plan available for review and comment by members of the Tribe before it becomes final. Authorizes the Tribal Council to revise and update the plan on an annual basis, subject to review and comment procedures. States that activities of the Tribe in carrying out the plan shall be audited as part of the annual single-agency audit that the Tribe is required to prepare pursuant to a specified Office of Management and Budget circular. Requires a copy of the audit findings to be inserted into the Tribal Council's published minutes of proceedings. Prohibits distribution of any portion of any payment to the Tribe to any member on a per capita basis. (Sec. 202) States that no payment made to the Tribe shall result in the reduction or denial of any service or program under Federal law with respect to which: (1) the Tribe is otherwise entitled because of its status as a federally recognized Indian tribe; or (2) any individual is entitled because of his or her status as a member of the Tribe. (Sec. 204) States that nothing in this Act: (1) affects any rights, benefits, privileges or claims (including water rights or claims to water rights) of the Tribe, whether located on or off the Reservation, based on treaty, Executive order, agreement, Act of Congress, aboriginal title, the Winters doctrine, or otherwise; (2) validates or invalidates any assertion of the existence, nonexistence, or extinguishment of any water rights or claims to such rights held by the Tribe or any other Indian tribe or individual Indian under Federal or State law; or (3) affects any other water rights in existence on the date of enactment of this Act.

A bill to enhance and provide to the Oglala Sioux Tribe and Angostura Irrigation Project certain benefits of the Pick-Sloan Missouri River basin program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Pell Promise Act''. SEC. 2. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM. Subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) is amended by adding at the end the following: ``SEC. 401B. EARLY FEDERAL PELL GRANT COMMITMENT PROGRAM. ``(a) Program Authority.--The Secretary is authorized to carry out an Early Federal Pell Grant Commitment Program (referred to in this section as the `Program') under which the Secretary shall-- ``(1) award grants to State educational agencies to pay the administrative expenses incurred in participating in the Program; and ``(2) make a commitment to award Federal Pell Grants to eligible students in accordance with this section. ``(b) Program Requirements.--The Program shall meet the following requirements: ``(1) Eligible students.-- ``(A) In general.--A student shall be eligible to receive a commitment from the Secretary to receive a Federal Pell Grant early in the student's academic career if the student-- ``(i) is in 8th grade; and ``(ii) is eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). ``(2) Federal pell grant commitment.-- ``(A) In general.--Except as provided in subparagraph (B), each eligible student who participates in the Program shall receive a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student, if the student-- ``(i) applies for Federal financial aid (via the FAFSA) during the student's senior year of secondary school and during the succeeding academic year; and ``(ii) enrolls at such institution of higher education-- ``(I) not later than 3 years after such student receives a secondary school diploma or its recognized equivalent; or ``(II) if such student becomes a member of the Armed Forces, not later than 3 years after such student is discharged, separated, or released from the Armed Forces. ``(B) Exception to commitment.--If an eligible student receives a commitment from the Secretary to receive a Federal Pell Grant during the first 2 academic years that the student is in attendance at an institution of higher education as an undergraduate student and the student applies for Federal financial aid (via the FAFSA) during the student's senior year of secondary school or during the succeeding academic year, and the expected family contribution of the student for either of such years is more than 2 times the threshold amount for Federal Pell Grant eligibility for such year, then such student shall not receive a Federal Pell Grant under this section for the succeeding academic year. Such student shall continue to be eligible for any other Federal student financial aid for which the student is otherwise eligible. ``(3) Applicability of federal pell grant requirements.-- The requirements of section 401 shall apply to Federal Pell Grants awarded pursuant to this section, except that with respect to each eligible student who participates in the Program and is not subject the exception under paragraph (2)(B), the amount of each such eligible student's Federal Pell Grant only shall be calculated by deeming such student to have an expected family contribution equal to zero. ``(c) State Educational Agency Applications.-- ``(1) In general.--Each State educational agency desiring to participate in the Program shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(2) Contents.--Each application shall include-- ``(A) a description of the proposed targeted information campaign for the Program and a copy of the plan described in subsection (e)(2); ``(B) an assurance that the State educational agency will fully cooperate with the ongoing evaluation of the Program; and ``(C) such other information as the Secretary may require. ``(d) Evaluation.-- ``(1) In general.--From amounts appropriated under subsection (f) for a fiscal year, the Secretary shall reserve not more than $1,000,000 to award a grant or contract to an organization outside the Department for an independent evaluation of the impact of the Program. ``(2) Competitive basis.--The grant or contract shall be awarded on a competitive basis. ``(3) Matters evaluated.--The evaluation described in this subsection shall consider metrics established by the Secretary that emphasize college access and success, encouraging low- income students to pursue higher education, and the cost effectiveness of the program. ``(4) Dissemination.--The findings of the evaluation shall be widely disseminated to the public by the organization conducting the evaluation as well as by the Secretary. ``(e) Targeted Information Campaign.-- ``(1) In general.--Each State educational agency receiving a grant under this section shall, in cooperation with the participating local educational agencies within the State and the Secretary, develop a targeted information campaign for the Program. ``(2) Plan.--Each State educational agency receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for their proposed targeted information campaign. The plan shall include the following: ``(A) Outreach.--Outreach to students and their families, at a minimum, at the beginning and end of each academic year. ``(B) Distribution.--How the State educational agency plans to provide the outreach described in subparagraph (A) and to provide the information described in subparagraph (C). ``(C) Information.--The annual provision by the State educational agency to all students and families participating in the Program of information regarding-- ``(i) the estimated statewide average higher education institution cost data for each academic year, which cost data shall be disaggregated by-- ``(I) type of institution, including-- ``(aa) 2-year public colleges; ``(bb) 4-year public colleges; ``(cc) 4-year private colleges; and ``(dd) private, for-profit colleges; and ``(II) component, including-- ``(aa) tuition and fees; and ``(bb) room and board; ``(ii) Federal Pell Grants, including-- ``(I) the maximum Federal Pell Grant for each academic year; ``(II) when and how to apply for a Federal Pell Grant; and ``(III) what the application process for a Federal Pell Grant requires; ``(iii) State-specific college savings programs; ``(iv) State-based financial aid, including State-based merit aid; and ``(v) Federal financial aid available to students, including eligibility criteria for the Federal financial aid and an explanation of the Federal financial aid programs. ``(3) Annual information.--The information described in paragraph (2)(C) shall be provided to eligible students annually for the duration of the students' participation in the Program. ``(4) Reservation.--Each State educational agency receiving a grant under this section shall reserve $200,000 of the grant funds received each fiscal year to carry out the targeted information campaign described in this subsection. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary.''.

Early Pell Promise Act This bill amends the Higher Education Act of 1965 to authorize the Department of Education to carry out a program of grants to state educational agencies (SEAs) under which a student who is in eighth grade and is eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act may be provided a commitment to receive a Federal Pell Grant early in the student's academic career. Pursuant to such a commitment, the student receives a Pell Grant during the first two years of attendance at an institution of higher education (IHE) as an undergraduate if the student: files the FAFSA form during the senior year of secondary school and the succeeding year, and enrolls at the IHE not later than three years after receiving a secondary school diploma or after release from the Armed Forces. A student may not receive the early Pell Grant for a succeeding year if the expected family contribution for either year is more than twice the threshold amount for Pell Grant eligibility for that year. Funds are reserved for an independent evaluation of the program's impact. In order to participate in the program, an SEA must develop a targeted information campaign and include in the plan for that campaign cost data disaggregated by institution type and information on both state and federal financial aid.

Early Pell Promise Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capitol Visitor Center Authorization Act of 1997''. SEC. 2. ESTABLISHMENT OF CAPITOL VISITOR CENTER. (a) In General.--The Architect of the Capitol, under the direction of the United States Capitol Preservation Commission, is authorized-- (1) to plan, construct, furnish, and equip the Capitol Visitor Center under the East Plaza of the United States Capitol with associated improvements to the Capitol to provide access thereto; and (2) to reconstruct the East Plaza of the United States Capitol and its environs to enhance its attractiveness, safety, and security; in a manner that preserves and maintains Olmstead's ``General Plan for the Improvement of the United States Capitol Grounds'', 1874. (b) Purposes.--The purposes of the Capitol Visitor Center shall include-- (1) providing reception facilities, educational materials and exhibits, information, amenities, a gift shop, and other programs and facilities for members of the public visiting the United States Capitol; and (2) enhancing the security of the Capitol. (c) Design.--Plans for construction of the Capitol Visitor Center shall be substantially in accordance with the Final Design Report dated November 10, 1995, submitted by the Architect of the Capitol to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Rules and Administration of the Senate, and the United States Capitol Preservation Commission, subject to modifications approved by the Commission. (d) Exhibits.--The informational and educational experience afforded visitors to the Capitol Visitor Center, including all exhibits, shall be the responsibility of the United States Capitol Visitor Board under the direction of the United States Capitol Preservation Commission, as approved by the House of Representatives and the Senate. The Architect of the Capitol, the Clerk of the House of Representatives, the Secretary of the Senate, the Sergeant at Arms of the House of Representatives, and the Sergeant at Arms and Doorkeeper of the Senate shall provide staff, support, and resources for the installation, assembly, and maintenance of all exhibits and other informational and educational fixtures and equipment. Exhibits and all informational and educational materials shall be subject to section 7(b). (e) Security Systems.--The design, installation, and maintenance of security systems for the Capitol Visitor Center shall be the responsibility of the Capitol Police Board in accordance with section 308 of the Legislative Branch Appropriations Act, 1996 (40 U.S.C. 212a- 4) and section 308 of the Legislative Branch Appropriations Act, 1997 (40 U.S.C. 212a-4a). (f) Management.--After the opening of the Capitol Visitor Center to the public, the Architect of the Capitol shall administer, maintain, and improve the Capitol Visitor Center as part of the Capitol Building and Grounds, subject to this Act and the oversight of the appropriate officers and committees of the House of Representatives and the Senate. (g) Definition of Project.--In this Act, the term ``project'' means the activities and purposes set forth in subsections (a) through (f). SEC. 3. UNITED STATES CAPITOL PRESERVATION COMMISSION; FINANCING PLAN; SECURITY STUDY. (a) Development of Project Implementation Capacity.--Not later than 30 days after the date of enactment of this Act, the United States Capitol Preservation Commission shall meet at the call of either co- chairman for the purpose of establishing a special committee of the Commission to carry out the functions of the Commission in implementing and overseeing the project. (b) Financing Plan.--As soon as practicable after the date of enactment of this Act, the United States Capitol Preservation Commission shall develop a detailed plan for financing the project at the lowest net cost to the Government. The financing plan shall provide for-- (1) the acceptance of donations from public and private sources to be used to minimize the use of or to repay any appropriated or borrowed funds; (2) the use of any revenues generated by the Capitol Visitor Center to minimize the use of or to repay any appropriated or borrowed funds and, to the extent available, to pay the operating costs of the Capitol Visitor Center; (3) the use of any other funds available for the preservation and restoration of the Capitol; and (4) only to the extent necessary, the use of appropriated or borrowed funds. The plan shall be submitted to Committees on Appropriations and House Oversight of the House of Representatives and the Committees on Appropriations and Rules and Administration of the Senate. (c) Revolving Fund.--All funds described in subsection (b) shall be deposited in the United States Capitol Visitor Center Revolving Fund, which is hereby established in the Treasury. The Fund shall be managed as provided in section 9602 of the Internal Revenue Code of 1986 and shall be available, without fiscal year limitation, to carry out the project, including-- (1) the reimbursement of appropriations accounts of the Senate, the House of Representatives, and the Architect of the Capitol for all costs associated with the operation of the Capitol Visitor Center Gift Shop; (2) the payment of costs of the continued conservation and preservation of the Capitol Building; and (3) the payment of costs of further acquisitions of fine arts as approved by the Senate Commission on Art or the House Fine Arts Board. (d) Security Study.--The Capitol Police Board shall conduct a study to assess security cost savings and other benefits resulting from the construction and operation of the Capitol Visitor Center and shall report the results of its study to the United States Capitol Preservation Commission and to the Committees on Appropriations and House Oversight of the House of Representatives and the Committees on Appropriations and Rules and Administration of the Senate. SEC. 4. CONSTRUCTION. (a) Building Codes.--The project shall meet design standards applicable under nationally recognized building codes, as determined by the Architect of the Capitol. During construction, the Architect shall conduct periodic inspections for the purpose of ensuring that such standards are being met. (b) Applicability of Certain Laws.--The project shall not be subject to any Federal or State law (including law of the District of Columbia) relating to taxes, building codes, studies, reports, permits, or inspections. SEC. 5. GIFTS. (a) In General.--For the purposes of carrying out the project, gifts or donations of services or property may be received, accepted, held, and disposed of, subject to the provisions of the plan promulgated under section 3. (b) Treatment Under Tax Laws.--Any gift accepted in accordance with the plan promulgated under section 3 shall be considered a gift to the United States for the purposes of income, estate, and gift tax laws of the United States. SEC. 6. AUTHORITY TO CONTRACT. Notwithstanding any other provision of law, the Architect of the Capitol may establish competitive procedures for work on the project by the use of prequalification standards and may award contracts on the basis of contractor qualifications as well as price. Such procedures and contract awards shall be final and conclusive upon all officers of the Government. SEC. 7. CAPITOL VISITOR BOARD. (a) In General.-- (1) Authority of capitol visitor board.--The Capitol Visitor Board, under the direction of the United States Capitol Preservation Commission and subject to prior approval of the House of Representatives and the Senate, shall establish the Capitol Visitor Center operations, tour, exhibit and education policies, including-- (A) establishing hours of operation, tour content, and tour schedules; (B) producing or selecting films, videos, exhibits, publications, and other items of an educational nature; and (C) approving items for sale by the Capitol Visitor Center gift shop. (2) Consultation.--In carrying out this section, the Capitol Visitor Board shall consult with the Historians of the Senate and House of Representatives, the Senate Commission on Art, the House Fine Arts Board, and any advisory board of the United States Capitol Preservation Commission designated for this purpose by the Commission. (3) Other authorities not affected.-- (A) Security.--Nothing in this section affects the authority of the Capitol Police Board with respect to security of the Capitol, the Capitol Visitor Center, or their environs. (B) Senate commission on art.--Nothing in this section affects the authority of the Senate Commission on Art with respect to the Old Senate Chamber and the Old Supreme Court Chamber. (b) Exhibits and Informational and Educational Material.-- (1) Exhibits.--Exhibits, including any audio, video, or demonstrative presentations, shall illustrate the history and the Constitutional role of the United States Congress and the history, including art and architectural history, of the Capitol. (2) Informational and educational materials.--To assist visitors, the Capitol Visitor Board shall publish or provide for informational and educational materials for free distribution to the public, in accordance with title 44, United States Code. Materials provided for sale may be purchased through approved procedures for the Capitol Visitor Center gift shop and any revenues produced shall be deposited to the United States Capitol Visitor Center Revolving Fund account as approved by the United States Capitol Preservation Commission. (c) Capitol Visitor Center Gift Shop.-- (1) Purpose.--The Capitol Visitor Center Board shall establish and operate the Capitol Visitor Center Gift Shop in accordance with policies approved by the United States Capitol Preservation Commission and the appropriate oversight committees of each House. (2) Proceeds of sales or services.--All monies received from sales or services of the Capitol Visitor Center Gift Shop shall be deposited in the United States Capitol Visitor Center Revolving Fund established by section 3(c) of this Act. SEC. 8. AMENDMENTS RELATING TO THE UNITED STATES CAPITOL PRESERVATION COMMISSION. (a) Purposes.--Section 801(a) of the Arizona-Idaho Conservation Act of 1988 (40 U.S.C. 188a(a)) is amended-- (1) by striking ``and'' at the end of paragraph (2); and (2) by striking paragraph (3) and inserting the following: ``(3) carrying out functions assigned by the Capitol Visitor Center Authorization Act of 1997; and ``(4) conducting other activities that directly facilitate, encourage, or support the purposes specified in the preceding paragraphs.''. (b) Staff Support.--Section 801(e) Arizona-Idaho Conservation Act of 1988 (40 U.S.C. 188a(e)) is amended by inserting ``Clerk of the House of Representatives, the Secretary of the Senate, the Sergeant at Arms of the House of Representatives, the Sergeant at Arms and Doorkeeper of the Senate, the'' after ``The''. (c) Delegation.--Section 801 of the Arizona-Idaho Conservation Act of 1988 (40 U.S.C. 188a) is amended by adding at the end the following: ``(f) Delegation.--In addition to the special committee provided for by section 3(a), the United States Capitol Preservation Commission may delegate any functions to 1 or more special committees if the membership of each such committee is drawn equally from the House of Representatives and the Senate.''. (d) Fund Transfers.--Section 803 of the Arizona-Idaho Conservation Act of 1988 (40 U.S.C. 188a-2) is amended by adding at the end the following: ``(f) Transfers.--Not later than 30 days after the date of enactment of this Act, the balance in the account in excess of $250,000 shall be transferred to the fund established by section 3(c) of the Capitol Visitor Center Authorization Act of 1997.''. (e) Capitol Visitor Board.-- (1) Renaming.--Section 441 of the Legislative Reorganization Act of 1970 (40 U.S.C. 851) is amended by striking ``Capitol Guide Board'' each place it appears and inserting ``Capitol Visitor Board''. (2) Information.--Section 441(a) of the Legislative Reorganization Act of 1970 (40 U.S.C. 851(a)) is amended by inserting after ``Architect of the Capitol,'' the following: ``the Secretary of the Senate, the Clerk of the House of Representatives,''. SEC. 9. REPEAL. (a) In General.--The provisions of title III of the National Visitor Center Facilities Act of 1968 (40 U.S.C. 831) shall be repealed to the extent that such provisions are inconsistent with the provisions of this Act. (b) Conforming Amendment.--Section 301 of the National Visitor Center Facilities Act of 1968 (40 U.S.C. 831) is amended by striking ``the United States Capitol Historical Society,''.

Capitol Visitor Center Authorization Act of 1997 - Authorizes the Architect of the Capitol (AOC), under the direction of the U.S. Capitol Preservation Commission (Commission), to: (1) plan, construct, furnish and equip the Capitol Visitor Center (Center) under the East Plaza of the Capitol; and (2) reconstruct the East Plaza and its environs to enhance its attractiveness, safety, and security. Requires the design of the Center to be substantially in accordance with the Final Design Report dated November 10, 1995, submitted by the AOC to specified congressional committees. Specifies entities responsible for Center exhibits, security systems, and management. Directs the Commission to: (1) establish a special committee to implement and oversee the Center project; and (2) develop and submit to specified congressional committees a detailed plan for financing the project at the lowest net cost to the Government. Establishes in the Treasury the United States Capitol Visitor Center Revolving Fund for the collection of deposits received under the financing plan. Directs the Capitol Police Board to study and report to specified congressional committees on the security cost savings and other cost benefits associated with the construction and operation of the Center. Authorizes the AOC to establish competitive procedures for work to carry out the project by the use of prequalification standards, and to award contracts on the basis of contractor qualifications as well as price. States that such procedures and contract awards shall be final and conclusive upon all officers of the Government. Directs the Capitol Visitor Center Board to: (1) establish Center operations, tour, exhibit, and education policies; and (2) establish and operate the Capitol Visitor Center Gift Shop. Amends the Arizona-Idaho Conservation Act of 1988 to: (1) direct the Commission to carry out functions assigned under this Act; (2) provide increased Commission staff support from specified congressional offices; (3) authorize the Commission to delegate any of its functions to one or more special committees as long as membership of such committees is drawn equally from both Houses of Congress; and (4) provide fund transfer authority. Renames the Capitol Guide Board the Capitol Visitor Board. Repeals provisions of title III of the National Visitor Center Facilities Act of 1968 to the extent that such provisions are inconsistent with the provisions of this Act.

Capitol Visitor Center Authorization Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep America Healthy Act of 2005''. SEC. 2. OPTIONAL MEDICAID COVERAGE OF UNINSURED, POOR ADULTS. (a) Availability of Medicaid Coverage for Uninsured, Poor Adults.-- (1) Addition of optional coverage group.--Section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended-- (A) by striking ``or'' at the end of subclause (XVII); (B) by striking the semicolon at the end of subclause (XVIII) and inserting ``, or''; and (C) by adding at the end the following new subclause: ``(XIX) described in subsection (cc);''. (2) Eligibility standards for new eligibility group.-- Section 1902 of such Act is further amended by adding at the end the following new subsection: ``(cc) Coverage of Uninsured, Poor Adults.--For purposes of subsection (a)(10)(A)(ii)(XIX), individuals described in this subsection are individuals who meet the following requirements: ``(1) Age.--The individual is at least 21 years of age but is under 65 years of age. ``(2) Income.--The income of the individual's family does not exceed a percentage (not to exceed 200 percent) specified by the State of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved and, at the option of a State, the individual's resources do not exceed such resource level as the State may establish, so long as such resource level is not more restrictive than the resources an individual may have and obtain benefits under the supplemental security income program under title XVI.''. (b) Provision of Enhanced Federal Medical Assistance as Incentive for States to Increase Coverage.-- (1) Application of enhanced federal medical assistance percentage.--Section 1905(b)(4) of such Act (42 U.S.C. 1396d(b)(4)) is amended by inserting ``or section 1902(a)(10)(A)(ii)(XIX)'' after ``section 1902(a)(10)(A)(ii)(XVIII)''. (2) Increase in medicaid payment limit for territories to accommodate expanded coverage for residents of puerto rico, the virgin islands, guam, american samoa, and the northern mariana islands.--Section 1108 of such Act (42 U.S.C. 1308) is amended-- (A) in subsection (f), by striking ``subsection (g)'' and inserting ``subsections (g) and (h)''; and (B) by adding at the end the following new subsection: ``(h) Increase in Medicaid Payment Limit to Accommodate Expanded Coverage Under the Keep America Healthy Act.-- ``(1) Fiscal year 2006 and thereafter.--With respect to fiscal year 2006 and each succeeding fiscal year, if Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa provides for coverage of individuals under section 1902(a)(10)(A)(ii)(XIX) in a fiscal year, the amounts otherwise determined for the respective territory under subsections (f) and (g) for such fiscal year shall be increased by a percentage (estimated by the Secretary) equal to 120 percent of the State average Keep America Healthy percentage, estimated by the Secretary under paragraph (2) for the fiscal year involved. ``(2) Annual estimation of state average keep america healthy percentage.--For each such fiscal year the Secretary shall estimate a State average Keep America Healthy percentage equal to (A) the total Federal payments under title XIX for the fiscal year for the 50 States and the District of Columbia that are attributable to individuals made eligible for benefits under section 1902(a)(10)(A)(ii)(XIX), divided by (B) the total Federal payments under such title the fiscal year for such States and District.''. (c) Conforming and Technical Amendments.--(1) Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)) is amended by inserting ``1902(a)(10)(A)(ii)(XIX),'' after ``1902(a)(10)(A)(ii)(XVIII),''. (2) Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended, in the matter before paragraph (1)-- (A) by striking ``or'' at the end of clause (xii); (B) by adding ``or'' at the end of clause (xiii); and (C) by inserting after clause (xiii) the following new clause: ``(xiv) individuals described in section 1902(cc),''. (3) Section 1905(u)(4) of such Act (42 U.S.C. 1396d(u)(4)) is amended by inserting before the period at the end the following: ``for individuals not covered under section 1902(a)(10)(A)(ii)(XIX)''. (d) Effective Date.--The amendments made by this section shall take effect on October 1, 2005.

Keep America Healthy Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to make a new optional Medicaid eligibility group for individuals between ages 21 and 65 whose family income does not exceed a State-specified percentage up to 200 percent of the applicable poverty line. Authorizes the State also to require the individual's resources not to exceed whatever level the State may establish, so long as it is not more restrictive than the requirements of SSA title XVI (Supplemental Security Income). Provides for the application to such new group of the enhanced Federal medical assistance percentage dtermined under SSA title XXI (State Children's Health Insurance Program) (SCHIP). Amends SSA title XI to provide for an increase in the Medicaid payment limit for territories to accommodate expanded coverage for residents of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent All Soring Tactics Act of 2015'' or the ``PAST Act''. SEC. 2. INCREASED ENFORCEMENT UNDER HORSE PROTECTION ACT. (a) Definitions.--Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended-- (1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: ``(1)(A) The term `action device' means any boot, collar, chain, roller, or other device that encircles or is placed upon the lower extremity of the leg of a horse in such a manner that it can-- ``(i) rotate around the leg or slide up and down the leg, so as to cause friction; or ``(ii) strike the hoof, coronet band, fetlock joint, or pastern of the horse. ``(B) Such term does not include soft rubber or soft leather bell boots or quarter boots that are used as protective devices.''; and (3) by adding at the end the following new paragraph: ``(6)(A) The term `participate' means engaging in any activity with respect to a horse show, horse exhibition, or horse sale or auction, including-- ``(i) transporting or arranging for the transportation of a horse to or from a horse show, horse exhibition, or horse sale or auction; ``(ii) personally giving instructions to an exhibitor; or ``(iii) being knowingly present in a warm-up area, inspection area, or other area at a horse show, horse exhibition, or horse sale or auction that spectators are not permitted to enter. ``(B) Such term does not include spectating.''. (b) Findings.--Section 3 of the Horse Protection Act (15 U.S.C. 1822) is amended-- (1) in paragraph (3)-- (A) by inserting ``and soring horses for such purposes'' after ``horses in intrastate commerce''; and (B) by inserting ``in many ways, including by creating unfair competition, by deceiving the spectating public and horse buyers, and by negatively impacting horse sales'' before the semicolon; (2) in paragraph (4), by striking ``and'' at the end; (3) in paragraph (5), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new paragraphs: ``(6) the Inspector General of the Department of Agriculture has determined that the program through which the Secretary inspects horses is inadequate for preventing soring; ``(7) historically, Tennessee Walking Horses, Racking Horses, and Spotted Saddle Horses have been subjected to soring; and ``(8) despite regulations in effect related to inspection for purposes of ensuring that horses are not sore, violations of this Act continue to be prevalent in the Tennessee Walking Horse, Racking Horse, and Spotted Saddle Horse breeds.''. (c) Horse Shows and Exhibitions.--Section 4 of the Horse Protection Act (15 U.S.C. 1823) is amended-- (1) in subsection (a)-- (A) by striking ``appointed'' and inserting ``licensed''; and (B) by adding at the end the following new sentences: ``In the first instance in which the Secretary determines that a horse is sore, the Secretary shall disqualify the horse from being shown or exhibited for a period of not less than 180 days. In the second instance in which the Secretary determines that such horse is sore, the Secretary shall disqualify the horse for a period of not less than one year. In the third instance in which the Secretary determines that such horse is sore, the Secretary shall disqualify the horse for a period of not less than three years.''; (2) in subsection (b) by striking ``appointed'' and inserting ``licensed''; (3) by striking subsection (c) and inserting the following new subsection: ``(c)(1)(A) The Secretary shall prescribe by regulation requirements for the Department of Agriculture to license, train, assign, and oversee persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses at horse shows, horse exhibitions, or horse sales or auctions, for hire by the management of such events, for the purposes of enforcing this Act. ``(B) No person shall be issued a license under this subsection unless such person is free from conflicts of interest, as defined by the Secretary in the regulations issued under subparagraph (A). ``(C) If the Secretary determines that the performance of a person licensed in accordance with subparagraph (A) is unsatisfactory, the Secretary may, after notice and an opportunity for a hearing, revoke the license issued to such person. ``(D) In issuing licenses under this subsection, the Secretary shall give a preference to persons who are licensed or accredited veterinarians. ``(E) Licensure of a person in accordance with the requirements prescribed under this subsection shall not be construed as authorizing such person to conduct inspections in a manner other than that prescribed for inspections by the Secretary (or the Secretary's representative) under subsection (e). ``(2)(A) Not later than 30 days before the date on which a horse show, horse exhibition, or horse sale or auction begins, the management of such show, exhibition, or sale or auction may notify the Secretary of the intent of the management to hire a person or persons licensed under this subsection and assigned by the Secretary to conduct inspections at such show, exhibition, or sale or auction. ``(B) After such notification, the Secretary shall assign a person or persons licensed under this subsection to conduct inspections at the horse show, horse exhibition, or horse sale or auction. ``(3) A person licensed by the Secretary to conduct inspections under this subsection shall issue a citation with respect to any violation of this Act recorded during an inspection and notify the Secretary of each such violation not later than five days after the date on which a citation was issued with respect to such violation.''; and (4) by adding at the end the following new subsection: ``(f) The Secretary shall publish on the public website of the Animal and Plant Health Inspection Service of the Department of Agriculture, and update as frequently as the Secretary determines is necessary, information on violations of this Act for the purposes of allowing the management of a horse show, horse exhibition, or horse sale or auction to determine if an individual is in violation of this Act.''. (d) Unlawful Acts.--Section 5 of the Horse Protection Act (15 U.S.C. 1824) is amended-- (1) in paragraph (2)-- (A) by striking ``or (C) respecting'' and inserting ``(C), or (D) respecting''; and (B) by striking ``and (D)'' and inserting ``(D) causing a horse to become sore or directing another person to cause a horse to become sore for the purpose of showing, exhibiting, selling, auctioning, or offering for sale the horse in any horse show, horse exhibition, or horse sale or auction, and (E)''; (2) in paragraph (3), by striking ``appoint'' and inserting ``hire''; (3) in paragraph (4)-- (A) by striking ``appoint'' and inserting ``hire''; and (B) by striking ``qualified''; (4) in paragraph (5), by striking ``appointed'' and inserting ``hired''; (5) in paragraph (6)-- (A) by striking ``appointed'' and inserting ``hired''; and (B) by inserting ``that the horse is sore'' after ``the Secretary''; and (6) by adding at the end the following new paragraphs: ``(12) The use of an action device on any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse at a horse show, horse exhibition, or horse sale or auction. ``(13) The use of a weighted shoe, pad, wedge, hoof band, or other device or material at a horse show, horse exhibition, or horse sale or auction that-- ``(A) is placed on, inserted in, or attached to any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse; ``(B) is constructed to artificially alter the gait of such a horse; and ``(C) is not strictly protective or therapeutic in nature.''. (e) Violations and Penalties.--Section 6 of the Horse Protection Act (15 U.S.C. 1825) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``Except as provided in paragraph (2) of this subsection, any person who knowingly violates section 5'' and inserting ``Any person who knowingly violates section 5 or the regulations issued under such section, including any violation recorded during an inspection conducted in accordance with section 4(c) or 4(e)''; and (ii) by striking ``more than $3,000, or imprisoned for not more than one year, or both.'' and inserting ``more than $5,000, or imprisoned for not more than three years, or both, for each such violation.''; (B) in paragraph (2)-- (i) by striking subparagraph (A); (ii) by striking ``(2)''; and (iii) by redesignating subparagraphs (B) and (C) as paragraphs (2) and (3), respectively, and moving the margins of such paragraphs (as so redesignated) two ems to the left; and (C) by adding at the end the following new paragraph: ``(4) Any person who knowingly fails to obey an order of disqualification shall, upon conviction thereof, be fined not more than $5,000 for each failure to obey such an order, imprisoned for not more than three years, or both.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``section 5 of this Act'' and inserting ``section 5 or the regulations issued under such section''; and (ii) by striking ``$2,000'' and inserting ``$4,000''; and (B) by adding at the end the following new paragraph: ``(5) Any person who fails to pay a licensed inspector hired under section 4(c) shall, upon conviction thereof, be fined not more than $4,000 for each such violation.''; and (3) in subsection (c)-- (A) in the first sentence-- (i) by inserting ``, or otherwise participating in any horse show, horse exhibition, or horse sale or auction'' before ``for a period of not less than one year''; and (ii) by striking ``any subsequent'' and inserting ``the second''; (B) by inserting before ``Any person who knowingly fails'' the following: ``For the third or any subsequent violation, a person may be permanently disqualified by order of the Secretary, after notice and an opportunity for a hearing before the Secretary, from showing or exhibiting any horse, judging or managing any horse show, horse exhibition, or horse sale or auction, or otherwise participating in, including financing the participation of other individuals in, any horse show, horse exhibition, or horse sale or auction (regardless of whether walking horses are shown, exhibited, sold, auctioned, or offered for sale at the horse show, horse exhibition, or horse sale or auction).''; and (C) by striking ``$3,000'' each place it appears and inserting ``$5,000''. (f) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendments made by this section, including regulations prescribing the requirements under subsection (c) of section 4 of the Horse Protection Act (15 U.S.C. 1823(c)), as amended by subsection (c)(3). (g) Severability.--If any provision of this Act or any amendment made by this Act, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding.

Prevent All Soring Tactics Act of 2015 or the PAST Act This bill amends the Horse Protection Act to establish a new system for inspecting horses for soring, revise penalties for violations of the Act, and modify enforcement procedures. The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness. The Department of Agriculture (USDA) must establish requirements to license, train, assign, and oversee persons hired by the management of horse shows, exhibitions, sales, or auctions to detect and diagnose sore horses. A license may not be issued to a person with conflicts of interest, and USDA must give preference to veterinarians. USDA may revoke a license for unsatisfactory performance. USDA must assign licensed inspectors after receiving notice that management intends to hire the inspectors. An inspector must issue a citation for violations and notify USDA of violations. USDA must publish information on violations of this bill and disqualify a horse that is sore. The bill prohibits a person in any horse show, exhibition, sale, or auction from causing or directing a horse to become sore for the purpose of showing, exhibiting, selling, or auctioning the horse. The bill prohibits the use of specified devices on a Tennessee Walking, a Racking, or a Spotted Saddle horse at a show, exhibition, sale, or auction. The bill increases the maximum criminal and civil liability penalties for certain violations. USDA may disqualify violators from specified activities related to horse shows, exhibitions, sales, and auctions.

PAST Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Baseline Reform Act of 1994''. SEC. 2. THE BASELINE. (a) Except for purposes of adjusting the discretionary spending limits set forth in section 601(a)(2) of the Congressional Budget Act of 1974, section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in the second sentence of paragraph (1), by striking ``sequentially and cumulatively'' and by striking ``for inflation as specified in paragraph (5),''; and (2) and by redesignating paragraph (6) as paragraph (5). (b) Section 1109(a) of title 31, United States Code, is amended by adding after the first sentence the following new sentence: ``These estimates shall not include an adjustment for inflation for programs and activities subject to discretionary appropriations.''. SEC. 3. THE PRESIDENT'S BUDGET. (a) Paragraph (5) of section 1105(a) of title 31, United States Code, is amended to read as follows: ``(5) except as provided in subsection (b) of this section, estimated expenditures and appropriations for the current year and estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years following that year;''. (b) Section 1105(a)(6) of title 31, United States Code, is amended by inserting ``current fiscal year and the'' before ``fiscal year''. (c) Section 1105(a)(12) of title 31, United States Code, is amended by striking ``and'' at the end of subparagraph (A), by striking the period and inserting ``; and'' at the end of subparagraph (B), and by adding at the end the following new subparagraph: ``(C) the estimated amount for the same activity (if any) in the current fiscal year.''. (d) Section 1105(a)(18) of title 31, United States Code, is amended by inserting ``new budget authority and'' before ``budget outlays''. (e) Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraph: ``(30) a comparison of levels of estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted, along with the proposed increase or decrease of spending in percentage terms for each function and subfunction.''. SEC. 4. THE CONGRESSIONAL BUDGET. Section 301(e) of the Congressional Budget Act of 1974 is amended by-- (1) inserting after the second sentence the following: ``The starting point for any deliberations in the Committee on the Budget of each House on the concurrent resolution on the budget for the next fiscal year shall be the estimated level of outlays for the current year in each function and subfunction. Any increases or decreases in the Congressional budget for the next fiscal year shall be from such estimated levels.''; and (2) striking paragraph (8) and redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively, and by inserting after paragraph (7) the following new paragraphs: ``(8) a comparison of levels for the current fiscal year with proposed spending and revenue levels for the subsequent fiscal years along with the proposed increase or decrease of spending in percentage terms for each function and subfunction; and ``(9) information, data, and comparisons indicating the manner in which and the basis on which, the committee determined each of the matters set forth in the concurrent resolution, including information on outlays for the current fiscal year and the decisions reached to set funding for the subsequent fiscal years;''. SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES. (a) The first sentence of section 202(f)(1) of the Congressional Budget Act of 1974 is amended to read as follows: ``On or before February 15 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a report for the fiscal year commencing on October 1 of that year with respect to fiscal policy, including (A) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits) compared to comparable levels for the current year and (B) the levels of tax expenditures under existing law, taking into account projected economic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year.''. (b) Section 202(f)(1) of the Congressional Budget Act of 1974 is amended by inserting after the first sentence the following new sentence: ``That report shall also include a table on sources of spending growth under current law in total mandatory spending for the budget year and the ensuing 4 fiscal years, which shall include changes in outlays attributable to the following: cost-of-living adjustments; changes in the number of program recipients; increases in medical care prices, utilization and intensity of medical care; and residual factors.''. (c) Section 308(a)(1) of the Congressional Budget Act of 1974 is amended-- (1) in subparagraph (C), by inserting ``, and shall include a comparison of those levels to comparable levels for the current fiscal year'' before ``if timely submitted''; and (2) by striking ``and'' at the end of subparagraph (C), by striking the period and inserting ``; and'' at the end of subparagraph (D), and by adding at the end the following new subparagraph: ``(E) comparing the levels in existing programs in such measure to the estimated levels for the current fiscal year.'' (d) Title IV of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``gao reports to budget committees ``Sec. 408. On or before January 15 of each year, the Comptroller General, after consultation with appropriate committees of the House of Representatives and Senate, shall submit to the Congress a report listing all programs and activities with permanent appropriations or that fall within the definition of spending authority under section 401(c)(2).''. (e) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 407 the following new item: ``Sec. 408. GAO reports to budget committees.''.

Baseline Reform Act of 1994 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to declare that the estimated budget outlays submitted to the Congress by the President each year shall not include an inflation adjustment for programs and activities subject to discretionary appropriations. Requires the President's budget to include: (1) estimated expenditures and appropriations for the current year; and (2) a certain comparison of levels of estimated expenditures and proposed appropriations that includes the proposed increase or decrease in spending in percentage terms. Amends the Congressional Budget Act of 1974 to make conforming changes to the development of the concurrent resolution on the budget. Declares that: (1) the starting point for any deliberations in the Committee on the Budget of each House on the budget resolution for the next fiscal year shall be the estimated level of outlays for the current year in each function and subfunction; and (2) any increases or decreases in the congressional budget for the next fiscal year shall be from such estimated levels. Requires the Congressional Budget Office (CBO) to include in reports to budget committees certain current year comparisons and a table on sources of spending growth under current law in total mandatory spending for the budget year and the ensuing four fiscal years. Requires the CBO to include in cost estimates of pending legislation a comparison of prior year spending levels to current year levels. Requires the Comptroller General to report annually to the Congress all programs and activities with permanent appropriations or that fall within a specified definition of spending authority.

Baseline Reform Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Tax Credit Improvement Act''. SEC. 2. EXPANSION OF THE CHILD TAX CREDIT. (a) Increase in Amount of Credit for Young Children.--Subsection (a) of section 24 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) with respect to each qualifying child of the taxpayer who has attained 6 years of age by the close of the taxable year and for which the taxpayer is allowed a deduction under section 151, $1,000, and ``(2) with respect to each qualifying child of the taxpayer who has not attained 6 years of age by the close of the taxable year and for which the taxpayer is allowed a deduction under section 151, an amount equal to three times the dollar amount applicable under paragraph (1).''. (b) Modification of Limitations.--Paragraph (1) of section 24(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Limitation based on adjusted gross income.-- ``(A) In general.-- ``(i) Limitation on credit for qualifying children who have not attained 6 years of age.--The amount of the credit allowable under subsection (a)(2) shall be reduced (but not below zero) by $150 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(ii) Limitation on credit for qualifying children who have attained 6 years of age.--The amount of the credit allowable under subsection (a)(1) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds-- ``(I) in the case of a taxpayer for which no credit is allowable under subsection (a)(2), the threshold amount, or ``(II) in the case of a taxpayer for which a credit is allowable under subsection (a)(2), the dollar amount of the modified adjusted gross income of the taxpayer at which the credit allowable under subsection (a)(2) is reduced to zero. ``(B) Definition.--For purposes of this paragraph, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.''. (c) Increase in Refundable Portion.-- (1) In general.--Clause (i) of section 24(d)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(i) an amount equal to-- ``(I) in the case of a taxpayer for which a credit is allowable under subsection (a)(2), 45 percent of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year, or ``(II) in the case of a taxpayer for which a credit is allowable under subsection (a)(1) and for which no credit is allowable under subsection (a)(2), 15 percent of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year, or''. (2) Conforming amendment.--Subsection (d) of section 24 of such Code is amended by striking paragraph (4). (3) Elimination of inflation adjustment.--Subsection (d) of section 24 of such Code is amended by striking paragraph (3). (d) Inflation Adjustments.--Section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Inflation Adjustments.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2015, the $1,000 amount in subsection (a)(1) shall 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, determined by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015.

Child Tax Credit Improvement Act This bill amends the Internal Revenue Code, with respect to the child tax credit, to: (1) increase the amount of such credit for children who have not attained age 6 by the close of the taxable year, (2) modify the limitation on such credit based upon taxpayer adjusted gross income and the age of the qualifying child, (3) increase the refundable portion of such credit for children under age 6, and (4) allow an inflation adjustment to the $1,000 credit amount beginning after 2015.

Child Tax Credit Improvement Act

SECTION 1. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS AND TARGETED TAX BENEFITS. (a) In General.--Section 1012 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 683) is amended to read as follows: ``expedited consideration of certain proposed rescissions ``Sec. 1012. (a) Proposed Rescission of Budget Authority or Repeal of Targeted Tax Benefits.--The President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in an appropriation Act or repeal of any targeted tax benefit provided in any revenue Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section. ``(b) Transmittal of Special Message.-- ``(1) The President may transmit to Congress a special message proposing to rescind amounts of budget authority or to repeal any targeted tax benefit and include with with that special message a draft bill that, if enacted, would only rescind that budget authority or repeal that targeted tax benefit. That bill shall clearly identify the amount of budget authority that is proposed to be rescinded for each program, project, or activity to which that budget authority relates or the targeted tax benefit proposed to be repealed, as the case may be. It shall include a Deficit Reduction Account. The President may place in the Deficit Reduction Account an amount not to exceed the total rescissions in that bill. A targeted tax benefit may only be proposed to be repealed under this section during the 20-calendar-day period (excluding Saturdays, Sundays, and legal holidays) commencing on the day after the date of enactment of the provision proposed to be repealed. ``(2) In the case of an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind budget authority under this section shall send a separate special message and accompanying draft bill for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the following-- ``(A) the amount of budget authority which he proposes to be rescinded; ``(B) any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved; ``(C) the reasons why the budget authority should be rescinded; ``(D) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect (including the effect on outlays and receipts in each fiscal year) of the proposed rescission; and ``(E) all facts, circumstances, and considerations relating to or bearing upon the proposed rescission and the decision to effect the proposed rescission, and to the maximum extent practicable, the estimated effect of the proposed rescission upon the objects, purposes, and programs for which the budget authority is provided. Each special message shall specify, with respect to the proposed repeal of targeted tax benefits, the information required by subparagraphs (C), (D), and (E), as it relates to the proposed repeal. ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second legislative day of the House of Representatives after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B) The bill shall be referred to the Committee on Appropriations or the Committee on Ways and Means of the House of Representatives, as applicable. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of that House after the date of receipt of that special message. If that committee fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(C)(i) During consideration under this paragraph, any Member of the House of Representatives may move to strike any proposed rescission or rescissions of budget authority or any proposed repeal of a target tax benefit, as applicable, if supported by 49 other Members. ``(ii) It shall not be in order for a Member of the House of Representatives to move to strike any proposed rescission under clause (i) unless the amendment reduces the appropriate Deficit Reduction Account if the program, project, or account to which the proposed rescission applies was identified in the Deficit Reduction Account in the special message under subsection (b). ``(D) A vote on final passage of the bill shall be taken in the House of Representatives on or before the close of the 10th legislative day of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(2)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill under this section shall be governed by the Rules of the House of Representatives. It shall not be in order in the House of Representatives to consider any rescission bill introduced pursuant to the provisions of this section under a suspension of the rules or under a special rule. ``(3)(A) A bill transmitted to the Senate pursuant to paragraph (1)(D) shall be referred to its Committee on Appropriations or Committee on Finance, as applicable. That committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B)(i) During consideration under this paragraph, any Member of the Senate may move to strike any proposed rescission or rescissions of budget authority or any proposed repeal of a targeted tax benefit, as applicable, if supported by 14 other Members. ``(ii) It shall not be in order for a Member of the House or Senate to move to strike any proposed rescission under clause (i) unless the amendment reduces the appropriate Deficit Reduction Account (pursuant to section 314) if the program, project, or account to which the proposed rescission applies was identified in the Deficit Reduction Account in the special message under subsection (b). ``(4)(A) A motion in the Senate to proceed to the consideration of a bill under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this section, and all debatable motions and appeals in connection therewith, (including debate pursuant to subparagraph (C)), shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this section is not debatable. A motion to recommit a bill under this section is not in order. ``(d) Amendments and Divisions Prohibited.--Except as otherwise provided by this section, no amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(e) Requirement To Make Available for Obligation.--(1) Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the day after the date on which either House rejects the bill transmitted with that special message. ``(2) Any targeted tax benefit proposed to be repealed under this section as set forth in a special message transmitted to Congress under subsection (b) shall be deemed repealed unless, during the period described in that subsection, either House rejects the bill transmitted with that special message. ``(f) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; ``(2) the term `legislative day' means, with respect to either House of Congress, any day of session; and ``(3) The term `targeted tax benefit' means any provision which has the practical effect of providing a benefit in the form of a different treatment to a particular taxpayer or a limited class of taxpayers, whether or not such provision is limited by its terms to a particular taxpayer or a class of taxpayers. Such term does not include any benefit provided to a class of taxpayers distinguished on the basis of general demographic conditions such as income, number of dependents, or marital status.''. (b) Exercise of Rulemaking Powers.--Section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended-- (1) in subsection (a), by striking ``and 1017'' and inserting ``1012, and 1017''; and (2) in subsection (d), by striking ``section 1017'' and inserting ``sections 1012 and 1017''. (c) Conforming Amendments.-- (1) Section 1011 of the Congressional Budget Act of 1974 (2 U.S.C. 682(5)) is amended by repealing paragraphs (3) and (5) and by redesignating paragraph (4) as paragraph (3). (2) Section 1014 of such Act (2 U.S.C. 685) is amended-- (A) in subsection (b)(1), by striking ``or the reservation''; and (B) in subsection (e)(1), by striking ``or a reservation'' and by striking ``or each such reservation''. (3) Section 1015(a) of such Act (2 U.S.C. 686) is amended by striking ``is to establish a reserve or'', by striking ``the establishment of such a reserve or'', and by striking ``reserve or'' each other place it appears. (4) Section 1017 of such Act (2 U.S.C. 687) is amended-- (A) in subsection (a), by striking ``rescission bill introduced with respect to a special message or''; (B) in subsection (b)(1), by striking ``rescission bill or'', by striking ``bill or'' the second place it appears, by striking ``rescission bill with respect to the same special message or'', and by striking ``, and the case may be,''; (C) in subsection (b)(2), by striking ``bill or'' each place it appears; (D) in subsection (c), by striking ``rescission'' each place it appears and by striking ``bill or'' each place it appears; (E) in subsection (d)(1), by striking ``rescission bill or'' and by striking ``, and all amendments thereto (in the case of a rescission bill)''; (F) in subsection (d)(2)-- (i) by striking the first sentence; (ii) by amending the second sentence to read as follows: ``Debate on any debatable motion or appeal in connection with an impoundment resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event that the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee.''; (iii) by striking the third sentence; and (iv) in the fourth sentence, by striking ``rescission bill or'' and by striking ``amendment, debatable motion,'' and by inserting ``debatable motion''; (G) in paragraph (d)(3), by striking the second and third sentences; and (H) by striking paragraphs (4), (5), (6), and (7) of paragraph (d). (d) Clerical Amendments.--The item relating to section 1012 in the table of sections for subpart B of title X of the Congressional Budget and Impoundment Control Act of 1974 is amended to read as follows: ``Sec. 1012. Expedited consideration of certain proposed rescissions and targeted tax benefits.''.

Amends the Congressional Budget and Impoundment Control Act of 1974 to replace provisions regarding the rescission of budget authority with those authorizing the President to propose the rescission of any budget authority provided in an appropriation Act or repeal of any targeted tax benefit provided in any revenue Act. Authorizes the President to transmit a draft bill to the Congress with such a proposal that clearly identifies the budget authority proposed to be rescinded or the targeted tax benefit to be repealed. Includes within such bill a Deficit Reduction Account. Permits the President to place in the Account an amount not to exceed total rescissions in the bill. Establishes expedited procedures in the Senate and the House of Representatives for consideration of such bill. Makes any amount of budget authority proposed to be rescinded available for obligation on the day after the date either House rejects such bill. Deems any targeted tax benefit proposed for repeal to be repealed unless either House rejects such bill during a prescribed time frame.

To amend the Congressional Budget and Impoundment Control Act of 1974 to provide for the expedited consideration of certain proposed rescissions of budget authority.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Finance Improvement Act of 2000''. SEC. 2. EXPANDING REPORTING REQUIREMENTS FOR CERTAIN CONTRIBUTIONS. (a) Requiring Reporting of All Contributions of $200 or More Within 10 Days of Receipt.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d)(1) Each political committee which receives a contribution of $200 or more shall notify the Commission of the contribution not later than 10 days after receipt, and shall include the identification of the contributor, the date of receipt and amount of the contribution, and (in the case of an authorized committee of a candidate) the name of the candidate and the office sought by the candidate. ``(2) The report required under this subsection shall be in addition to all other reports required under this Act.''. (b) Expanding Types of Contributions to Principal Campaign Committees Subject to Expedited Reporting.--Section 304(a)(6)(A) of such Act (2 U.S.C. 434(a)(6)(A)) is amended-- (1) by striking ``$1,000'' and inserting ``$200''; and (2) by striking ``20th day'' and inserting ``90th day''. SEC. 3. REQUIRING MAJORITY OF AMOUNT OF CONTRIBUTIONS ACCEPTED BY CONGRESSIONAL CANDIDATES TO COME FROM IN-STATE RESIDENTS. (a) In General.--Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i)(1) The total amount of contributions accepted with respect to an election by a candidate for the office of Senator or the office of Representative in, or Delegate or Resident Commissioner to, the Congress from in-State individual residents shall be at least 50 percent of the total amount of contributions accepted from all sources. ``(2) If a candidate in an election makes expenditures of personal funds (including contributions by the candidate or the candidate's spouse to the candidate's authorized campaign committee) in an amount in excess of $250,000, paragraph (1) shall not apply with respect to any opponent of the candidate in the election. ``(3) In determining the amount of contributions accepted by a candidate for purposes of paragraph (1), the amounts of any contributions made by a political committee of a political party shall be allocated as follows: ``(A) 50 percent of such amounts shall be deemed to be contributions from in-State individual residents. ``(B) 50 percent of such amounts shall be deemed to be contributions from persons other than in-State individual residents. ``(4) As used in this subsection, the term `in-State individual resident' means an individual who resides in the State in which the election involved is held.''. (b) Reporting Requirements.--Section 304 of such Act (2 U.S.C. 434), as amended by section 2(a), is further amended by adding at the end the following new subsection: ``(e)(1) Each principal campaign committee of a candidate for the Senate or the House of Representatives shall include the following information in the first report filed under subsection (a)(2) which covers the period which begins 19 days before an election and ends 20 days after the election: ``(A) The total contributions received by the committee with respect to the election involved from in-State individual residents (as defined in section 315(i)(4)), as of the last day of the period covered by the report. ``(B) The total contributions received by the committee with respect to the election involved from all persons, as of the last day of the period covered by the report. ``(2)(A) Each principal campaign committee of a candidate for the Senate or the House of Representatives shall submit a notification to the Commission of the first expenditure of personal funds (including contributions by the candidate or the candidate's spouse to the committee) by which the aggregate amount of personal funds expended (or contributed) with respect to the election exceeds $250,000. ``(B) Each notification under subparagraph (A)-- ``(I) shall be submitted not later than 24 hours after the expenditure or contribution which is the subject of the notification is made; and ``(II) shall include the name of the candidate, the office sought by the candidate, and the date of the expenditure or contribution and amount of the expenditure or contribution involved.''. (c) Penalty for Violation of Limits.--Section 309(d) of such Act (2 U.S.C. 437g(d)) is amended by adding at the end the following new paragraph: ``(4)(A) Any candidate who knowingly and willfully accepts contributions in excess of any limitation provided under section 315(i) shall be fined an amount equal to the greater of 200 percent of the amount accepted in excess of the applicable limitation or (if applicable) the amount provided in paragraph (1)(A). ``(B) Interest shall be assessed against any portion of a fine imposed under subparagraph (A) which remains unpaid after the expiration of the 30-day period which begins on the date the fine is imposed.''. SEC. 4. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON IDENTIFICATION OF CONTRIBUTORS. Section 302(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(i)) is amended-- (1) by striking ``(i) When the treasurer'' and inserting ``(i)(1) Except as provided in paragraph (2), when the treasurer''; and (2) by adding at the end the following new paragraph: ``(2) Paragraph (1) shall not apply with respect to information regarding the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year (as required to be provided under subsection (c)(3)).''. SEC. 5. LOWERING THRESHOLD FOR CASH CONTRIBUTIONS. Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441g) is amended by striking ``exceed $100'' and inserting ``exceed $20''. SEC. 6. CONTRIBUTIONS BY DEPENDENTS NOT OF VOTING AGE. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new paragraph: ``(9)(A) For purposes of the limitations imposed by this section, any contribution made by a dependent minor shall be treated as follows: ``(i) If the dependent minor is the dependent of one other individual, the contribution shall be treated as a contribution made by such other individual. ``(ii) If the dependent minor is the dependent of another individual and such other individual's spouse, the contribution shall be allocated among such individuals in such manner as such other individuals may determine. ``(B) In this paragraph, the term `dependent minor' means an individual who-- ``(i) is a dependent of another individual; and ``(ii) has not, as of the time of making the contribution involved, attained the legal age for voting in elections for Federal office in the State in which such individual resides.''. SEC. 7. PROHIBITING NON-CITIZEN INDIVIDUALS FROM MAKING CONTRIBUTIONS IN CONNECTION WITH FEDERAL ELECTIONS. Section 319(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(b)(2)) is amended by striking ``and who is not lawfully admitted'' and all that follows and inserting a period. SEC. 8. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF POLITICAL PARTIES. (a) Transfers of Funds by National Political Parties.--Section 304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is amended-- (1) by striking ``and'' at the end of subparagraph (H); (2) by adding ``and'' at the end of subparagraph (I); and (3) by adding at the end the following new subparagraph: ``(J) in the case of a political committee of a national political party, all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under this title;''. (b) Disclosure by State Political Parties of Information Reported Under State Law.--Section 304 of such Act (2 U.S.C. 434), as amended by sections 2(a) and 3(b), is further amended by adding at the end the following new subsection: ``(f) If a political committee of a State political party is required under a State or local law, rule, or regulation to submit a report on its disbursements to an entity of the State or local government, the committee shall file a copy of the report with the Commission at the time it submits the report to such an entity.''. SEC. 9. PROHIBITING INVOLUNTARY ASSESSMENT OF EMPLOYEE FUNDS FOR POLITICAL ACTIVITIES. (a) In General.--Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at the end the following new subsection: ``(c)(1) Except with the separate, prior, written, voluntary authorization of each individual, it shall be unlawful-- ``(A) for any national bank or corporation described in this section to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activity in which the national bank or corporation is engaged; and ``(B) for any labor organization described in this section to collect from or assess its members or nonmembers any dues, initiation fee, or other payment if any part of such dues, fee, or payment will be used for political activity in which the labor organization is engaged. ``(2) An authorization described in paragraph (1) shall remain in effect until revoked and may be revoked at any time. Each entity collecting from or assessing amounts from an individual with an authorization in effect under such paragraph shall provide the individual with a statement that the individual may at any time revoke the authorization. ``(3) For purposes of this subsection, the term `political activity' means any activity carried out for the purpose of influencing (in whole or in part) any election for Federal office, influencing the consideration or outcome of any Federal legislation or the issuance or outcome of any Federal regulations, or educating individuals about candidates for election for Federal office or any Federal legislation, law, or regulations.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts collected or assessed on or after the date of the enactment of this Act. SEC. 10. PROHIBITING AUTHORIZED COMMITTEES OF CANDIDATES FROM ACCEPTING CONTRIBUTIONS FROM AUTHORIZED COMMITTEES OF OTHER CANDIDATES. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by section 3(a), is amended by adding at the end the following new subsection: ``(j)(1) Except as provided in paragraph (2), the authorized committee of a candidate for election for Federal office may not accept any contribution from an authorized committee of another candidate for election for Federal office. ``(2) Paragraph (1) does not apply to the transfer of funds between an authorized committee of a candidate for election for Federal office and an authorized committee of the same candidate for election for another Federal office.''. SEC. 11. REQUIRING FEC TO MAKE SOFTWARE AVAILABLE FOR ELECTRONIC FILING. Section 311(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(11) through competitive bidding, obtain and provide for computer software required to carry out the electronic filing of designations, statements, and reports under this Act.''. SEC. 12. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall apply with respect to elections and transactions occurring after December 31, 2000.

Amends FECA to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities in which the labor organization is engaged. States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization. Amends FECA to: (1) prohibit an authorized committee of a candidate for Federal office from accepting any contribution from an authorized committee of another candidate for Federal office except with regard to the transfer of funds between an authorized committee of a candidate for Federal office and an authorized committee of the same candidate for another Federal office; and (2) require the FEC to obtain and provide for the computer software required to carry out electronic filings under FECA.

Campaign Finance Improvement Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Community Response Team Act of 1995''. SEC. 2. PURPOSE. The purposes of this Act are to-- (1) establish and strengthen the partnership between law enforcement and community groups in order to assist victims of domestic violence; (2) provide early intervention and followup services in order to prevent future incidents of domestic violence; and (3) establish a central technical assistance center for the collection and provision of programmatic information and technical assistance. SEC. 3. GRANTS AUTHORIZED FOR COMMUNITY RESPONSE TEAMS. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), is authorized to award grants to encourage eligible entities to serve as community response teams to assist in the prevention of domestic violence. Grants awarded under this section shall be awarded in a manner that ensures geographic and demographic diversity. (b) Maximum Amount.--The Secretary shall not award a grant under this section in an amount that exceeds $500,000. (c) Duration.--The Secretary shall award grants under this section for periods of not to exceed 3 years. (d) Eligible Entity.-- (1) In general.--For purposes of this section, the term ``eligible entity'' means a nonprofit, community-based organization whose primary purpose involves domestic violence prevention, and who has demonstrated expertise in providing services to victims of domestic violence and collaborating with service providers and support agencies in the community. (2) Additional requirements.--In order to be considered an eligible entity for purposes of this section, an entity shall-- (A) have an understanding of the racial, ethnic, and lingual diversity of the community in which such entity serves as a community response team; (B) be able to respond adequately to such community; and (C) to the extent practicable, include personnel that reflect the racial, ethnic, and lingual diversity of such community. (3) Preference in making grants.--In making grants under subsection (a) for a fiscal year, the Secretary shall give preference to qualified eligible entities who for such year are not receiving any other Federal grant for carrying out activities to prevent domestic violence. (e) Role of Community Response Teams.--Community response teams established pursuant to this section shall-- (1) provide community advocates to work (in conjunction with local police) with victims, immediately after incidents of domestic violence; (2) educate victims of domestic violence about the legal process with respect to restraining orders and civil and criminal charges; (3) discuss with such victims immediate safety arrangements and child care needs, and educate victims about resources provided by local agencies; (4) provide for followup services and counseling with local support agencies; (5) educate victims regarding abuse tactics, including increased incidence of violence that occurs after repeated episodes of violence; and (6) act in partnership with local law enforcement agencies to carry out the purposes of this Act. (f) Applications.-- (1) In general.--Applications for grants under this section shall be submitted to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) include a complete description of the eligible entity's plan for operating a community-based partnership between law enforcement officials and community organizations; (B) demonstrate effective community leadership, commitment to community action, and commitment to working with affected populations; (C) provide for periodic project evaluation through written reports and analysis in order to assist in applying successful programs to other communities; and (D) demonstrate an understanding of the population to be served, including an understanding of the racial, ethnic, and socioeconomic characteristics that influence the roles of women and affect treatment. (g) Administrative Expenses.--Of the amount made available under section 5 for a grant under this section for a community response team, not more than 5 percent of such amount may be expended to cover the administrative expenses of the community response team. SEC. 4. TECHNICAL ASSISTANCE CENTER. (a) In General.--The Secretary is authorized to award a contract to an eligible entity to serve as a technical assistance center under this Act. The technical assistance center shall-- (1) serve as a national information, training, and material development source for the development and support of community response teams nationwide; and (2) provide technical support and input to community programs, including assisting local groups in the establishment of programs and providing training to community volunteer staff persons. (b) Eligible Entity.--For purposes of this section, the term ``eligible entity'' means a nonprofit organization with a primary focus on domestic violence prevention and demonstrated expertise in providing technical assistance, information, training, and resource development on some aspect of domestic violence service provision or prevention. An eligible entity shall be selected by the Secretary under this section based on competence, experience, and a proven ability to conduct national-level organization and program development. In order to be considered an eligible entity for purposes of this section, an entity shall provide the Secretary with evidence of support from community- based domestic violence organizations for the designation of the entity as the technical assistance center. (c) Administrative Expenses.--Of the amount made available under section 5 for a contract under this section for a technical assistance center, not more than 5 percent of such amount may be expended to cover the administrative expenses of the technical assistance center. SEC. 5. FUNDING. (a) Authorization of Appropriations.--For the purpose of carrying out this Act, there is authorized to be appropriated $5,000,000 for each of the fiscal years 1996 through 1998. (b) Allocation.--Of the amounts appropriated under subsection (a) for a fiscal year, the Secretary shall make available $300,000 for a contract under section 4. (c) Source of Funding for Program.-- (1) Offsetting reduction in funding for energy information agency.--With respect to the authorizations of appropriations that have been established for the programs and activities of the Energy Information Administration, the total amount of such authorizations is, for each of the fiscal years specified in subsection (a), reduced by $5,000,000. The preceding sentence applies notwithstanding any other provision of law. (2) Report regarding other sources of funds for energy information agency.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall submit to the Congress a report providing a determination by the Secretary of whether it would be practicable for the Energy Information Administration to provide for some or all of the funding for the Administration through imposing a charge for some or all of the services or materials that the Administration provides to the public.

Domestic Violence Community Response Team Act of 1995 - Prescribes guidelines under which the Secretary of Health and Human Services is authorized to award: (1) grants of up to $500,000 each for community response teams to help prevent domestic violence; and (2) award a contract to an eligible entity to serve as a technical assistance center. (Sec. 5) Authorizes appropriations. Reduces appropriations authorized for the Energy Information Administration. Directs the Secretary of Energy to report to the Congress whether it would be practicable for the Administration to provide for some or all its funding by imposing a charge for services or materials that it provides to the public.

Domestic Violence Community Response Team Act of 1995

SECTION 1. FINDINGS. The Congress finds the following: (1) In 1978, the Judicial Conference of the United States established a procedure for creating new Federal judicial districts, which is still in force. According to the ``Proceedings of the Judicial Conference, September 21-22, 1978'', this procedure requires that 4 principal criteria be taken into consideration in evaluating the establishment of a new Federal judicial district: caseload, judicial administration, geography, and community convenience. (2) The criterion of ``caseload'' is found to include the total number of Federal court cases and the number of cases per Federal judge, for both criminal and civil Federal cases. (3) The criterion of ``judicial administration'' is found to include the backlog of pending cases in a Federal judicial district, which hinders the effective resolution of pending business before the court. (4) The criterion of ``geography'' is found to mean the accessibility of the central administration of the Federal judicial district to officers of the court, parties with business before the court, and other citizens living within the Federal judicial district. (5) The criterion of ``community convenience'' is found to mean the extent to which creating a new Federal judicial district will allow the court to better serve the population and diverse communities of the area. (6)(A) The 13 southern counties of New Jersey, consisting of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Hunterdon, Mercer, Monmouth, Ocean, Salem, Somerset, and Warren Counties, have a substantial criminal caseload which requires the creation of a separate judicial district. (B) 352 Federal criminal cases originated in the 13 southern New Jersey counties in fiscal year 2002 and were handled principally by the 4 judges of the Camden vicinage and the 3 judges of the Trenton vicinage. (C) In fiscal year 2002, the criminal cases originating in the 13 southern New Jersey counties exceeded that of 32 of the current 93 Federal judicial districts other than the District of New Jersey. Only 61 of the other current Federal judicial districts had more criminal cases than the southern region of New Jersey. (D) For example, in the Eastern District of Louisiana (12 judges), 304 criminal cases were filed in fiscal year 2002. In the District of Connecticut (8 judges), only 251 criminal cases were filed in fiscal year 2002. (7)(A) The substantial civil caseload concentrated in the southern counties of New Jersey requires the creation of a separate judicial district. (B) Approximately 2,744 Federal civil cases originated in the 13 southern New Jersey counties in fiscal year 2002 and were handled principally by the 4 judges of the Camden vicinage and the 3 judges of the Trenton vicinage. (C) In the fiscal year 2002, the civil cases originating in the 13 southern New Jersey counties exceeded that of 61 of the current Federal judicial districts other than the District of New Jersey. Only 32 of the other Federal judicial districts had more civil cases than the southern region of New Jersey. (D) For example, in the Western District of Tennessee (5 judges), 1,410 civil cases were filed in fiscal year 2002. In the Southern District of West Virginia (5 judges), only 1,778 civil cases were filed in fiscal year 2002. (8)(A) The size of the backlog of pending cases concentrated in the 13 southern counties of New Jersey requires the creation of a separate judicial district. (B) In fiscal year 2002, the pending criminal cases attributed to the 13 southern New Jersey counties exceeded that of 58 of the current 93 Federal judicial districts other than the District of New Jersey. Only 35 of the other current Federal judicial districts had more pending criminal cases than the southern region of New Jersey. (C) In fiscal year 2002, the pending civil cases attributed to the 13 southern New Jersey counties exceeded that of 72 of the current 93 Federal judicial districts other than the District of New Jersey. Only 21 of the other current Federal judicial districts had more pending civil cases than the southern region of New Jersey. (D) The number of pending cases in the Camden vicinage of New Jersey exceeds the number of cases pending before entire judicial districts with similar numbers of judges, clearly indicating that southern New Jersey merits a separate Federal judicial district. For example, as of October 1, 2002, there were 1,846 civil cases pending before the Camden vicinage. The Western District of Tennessee, with 5 judges, had only 991 civil cases pending in fiscal year 2002. The Western District of Oklahoma, with 6 judges, had only 1,400 civil cases pending during the same period. Finally, there were 250 criminal cases pending before the Camden vicinage at the end of fiscal year 2002, while the entire Eastern District of Louisiana, with 12 judges, had only 191 criminal cases pending. Also, the Western District of Pennsylvania, with 10 judges, had only 275 criminal cases pending at the end of fiscal year 2002. (9)(A) The distance between the northern and southern regions of New Jersey and the density of New Jersey's population create a substantial barrier to the efficient administration of justice. (B) The distance from Newark, New Jersey to Camden, New Jersey is more than 85 miles. (C) When a new Federal court district was created in Louisiana in 1971, the distance between New Orleans and Baton Rouge (nearly 80 miles) was cited as a major factor in creating a new district court, as travel difficulties were impeding the timely administration of justice. (10)(A) New Jersey's culturally and regionally diverse population of over 8,000,000 citizens, widely distributed across a densely populated State, is inconvenienced by having only 1 judicial district. (B) The District of New Jersey is the fourth most populous Federal judicial district in the United States. (C) The population of the 13 southern New Jersey counties exceeds the population of 69 of the current 93 Federal judicial districts other than the District of New Jersey. The population of the 8 northern New Jersey counties (consisting of Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Sussex, and Union) exceeds the population of 73 of the current 93 Federal judicial districts other than the District of New Jersey. (D) Of the 27 States and territories that have only a single Federal judicial district (including Puerto Rico and the District of Columbia), New Jersey has the highest population. (E) More than a dozen States have smaller populations than New Jersey, yet they have multiple Federal judicial districts, including Washington, Oklahoma, Iowa, West Virginia, and Missouri. (11) In evaluating the creation of a new Southern District of New Jersey, the Judicial Conference should seek the views of the chief judge of the affected district, the judicial council for the affected circuit court, and the affected United States Attorney as representative of the views of the Department of Justice, as required in the procedure established by the ``Proceedings of the Judicial Conference, September 21-22, 1978''. SEC. 2. ESTABLISHMENT OF 2 DISTRICTS IN NEW JERSEY. (a) Establishment.-- (1) Creation.--Section 110 of title 28, United States Code, is amended to read as follows: ``Sec. 110. New Jersey ``New Jersey is divided into 2 judicial districts to be known as the Northern and Southern Districts of New Jersey. ``Northern District ``(a) The Northern District comprises the counties of Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Sussex, and Union. ``Court for the Northern District shall be held at Newark. ``Southern District ``(b) The Southern District comprises the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Hunterdon, Mercer, Monmouth, Ocean, Salem, Somerset, and Warren. ``Court for the Southern District shall be held at Camden and Trenton.''. (2) Judgeships.--The item relating to New Jersey in the table set forth in section 133(a) of title 28, United States Code, is amended to read as follows: ``New Jersey: ``Northern............................................. 10 ``Southern............................................. 7''. (3) Bankruptcy judgeships.--The item relating to New Jersey in the table set forth in section 152(a)(1) of title 28, United States Code, is amended to read as follows: ``New Jersey: ``Northern............................................. 4 ``Southern............................................. 4''. (b) District Judges, Bankruptcy Judges, Magistrate Judges, United States Attorney, United States Marshal, and Federal Public Defender.-- (1) Transfer of district judges.--(A) Any district judge of the District Court of New Jersey who is holding office on the day before the effective date of this Act and whose official duty station is in Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Sussex, or Union County shall, on and after such effective date, be a district judge for the Northern District of New Jersey. Any district judge of the District Court of New Jersey who is holding office on the day before the effective date of this Act and whose official duty station is in Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Hunterdon, Mercer, Monmouth, Ocean, Salem, Somerset, or Warren County shall, on and after such effective date, be a district judge of the Southern District of New Jersey. (B) Whenever a vacancy occurs in a judgeship in either judicial district of New Jersey, the vacancy shall first be offered to those judges appointed before the enactment of this Act and in active service in the other judicial district of New Jersey at the time of the vacancy, and of those judges wishing to fill the vacancy, the judge most senior in service shall fill that vacancy. In such a case, the President shall appoint a judge to fill the vacancy resulting in the district of New Jersey from which such judge left office. (2) Transfer of bankruptcy and magistrate judges.--Any bankruptcy judge or magistrate judge of the District Court of New Jersey who is holding office on the day before the effective date of this Act and whose official duty station is in Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Sussex, or Union County shall, on and after such effective date, be a bankruptcy judge or magistrate judge, as the case may be, for the Northern District of New Jersey. Any bankruptcy judge or magistrate judge of the District Court of New Jersey who is holding office on the day before the effective date of this Act and whose official duty station is in Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Hunterdon, Mercer, Monmouth, Ocean, Salem, Somerset, or Warren County shall, on and after such effective date, be a bankruptcy judge or magistrate judge, as the case may be, of the Southern District of New Jersey. (3) United states attorney, united states marshal, and federal public defender.-- (A) Those in office.--This section and the amendments made by this section shall not affect the tenure of office of the United States attorney, the United States marshal, and the Federal Public Defender, for the District of New Jersey who are in office on the effective date of this Act, except that such individuals shall be the United States attorney, the United States marshal, and the Federal Public Defender, respectively, for the Northern District of New Jersey as of such effective date. (B) Appointments.--The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the Southern District of New Jersey. The Court of Appeals for the Third Circuit shall appoint a Federal Public Defender for the Southern District of New Jersey. (4) Pending cases not affected.--This section and the amendments made by this section shall not affect any action commenced before the effective date of this Act and pending in the United States District Court for the District of New Jersey on such date. (5) Juries not affected.--This section and the amendments made by this section shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Judicial District of New Jersey on the effective date of this Act. SEC. 3. EFFECTIVE DATE. (a) In General.--This Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. (b) Appointments.--Notwithstanding subsection (a)-- (1) the President may make the appointments under section 2(b)(3)(B), and (2) the Court of Appeals for the Third Circuit may make the appointment under section 2(b)(3)(B), at any time after the date of the enactment of this Act. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary for facilities for the District Court for the Southern District of New Jersey.

Amends the Federal judicial code to establish two judicial districts in New Jersey (currently, one), the Northern and Southern Districts of New Jersey. Sets forth provisions regarding the allocation of judgeships, including bankruptcy judgeships, among those districts.Provides for the transfer of district judges, bankruptcy judges, and magistrate judges to the Northern and Southern Districts of New Jersey.Transfers U.S. attorneys, U.S. marshals, and Federal public defenders for the District of New Jersey to the Northern District of New Jersey. Directs the President to appoint, by and with the advice of the Senate, a U.S. attorney and a U.S. marshal for the Southern District of New Jersey.Specifies that neither pending cases nor juries shall be affected.

To amend title 28, United States Code, to divide New Jersey in 2 judicial districts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dam Rehabilitation and Repair Act of 2007''. SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS. (a) Definitions.--Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended-- (1) by redesignating paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) as paragraphs (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), and (15), respectively; (2) by inserting after paragraph (2) the following: ``(3) Deficient dam.--The term `deficient dam' means a dam that the State within the boundaries of which the dam is located determines-- ``(A) fails to meet minimum dam safety standards of the State; and ``(B) poses an unacceptable risk to the public.''; and (3) by inserting after paragraph (10) (as redesignated by paragraph (1)) the following: ``(11) Rehabilitation.--The term `rehabilitation' means the repair, replacement, reconstruction, or removal of a dam that is carried out to meet applicable State dam safety and security standards.''. (b) Program for Rehabilitation and Repair of Deficient Dams.--The National Dam Safety Program Act is amended by inserting after section 8 (33 U.S.C. 467f) the following: ``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS. ``(a) Establishment of Program.--The Director shall establish, within FEMA, a program to provide grant assistance to States for use in rehabilitation of publicly-owned deficient dams. ``(b) Award of Grants.-- ``(1) Application.--A State interested in receiving a grant under this section may submit to the Director an application for such grant. Applications submitted to the Director under this section shall be submitted at such times, be in such form, and contain such information, as the Director may prescribe by regulation. ``(2) In general.--Subject to the provisions of this section, the Director may make a grant for rehabilitation of a deficient dam to a State that submits an application for the grant in accordance with the regulations prescribed by the Director. The Director shall enter into a project grant agreement with the State to establish the terms of the grant and the project, including the amount of the grant. ``(3) Applicability of standards.--The Director shall require States that apply for grants under this section to comply with the standards of section 611(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9)), as in effect on the date of enactment of this section, with respect to projects assisted under this section in the same manner as recipients are required to comply in order to receive financial contributions from the Director for emergency preparedness purposes. ``(c) Priority System.--The Director, in consultation with the Board, shall develop a risk-based priority system for use in identifying deficient dams for which grants may be made under this section. ``(d) Allocation of Funds.--The total amount of funds appropriated pursuant to subsection (f)(1) for a fiscal year shall be allocated for making grants under this section to States applying for such grants for that fiscal year as follows: ``(1) One-third divided equally among applying States. ``(2) Two-thirds among applying States based on the ratio that-- ``(A) the number of non-Federal publicly-owned dams that the Secretary of the Army identifies in the national inventory of dams maintained under section 6 as constituting a danger to human health and that are located within the boundaries of the State; bears to ``(B) the number of non-Federal publicly-owned dams that are so identified and that are located within the boundaries of all applying States. ``(e) Cost Sharing.--The Federal share of the cost of rehabilitation of a deficient dam for which a grant is made under this section may not exceed 65 percent of the cost of such rehabilitation. ``(f) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section-- ``(A) $10,000,000 for fiscal year 2008; ``(B) $15,000,000 for fiscal year 2009; ``(C) $25,000,000 for fiscal year 2010; ``(D) $50,000,000 for fiscal year 2011; and ``(E) $100,000,000 for fiscal year 2012. ``(2) Staff.--There are authorized to be appropriated to provide for the employment of such additional staff of FEMA as are necessary to carry out this section $400,000 for each of fiscal years 2008 through 2010. ``(3) Period of availability.--Sums appropriated pursuant to this section shall remain available until expended.''. SEC. 3. RULEMAKING. (a) Proposed Rulemaking.--Not later than 90 days after the date of enactment of this Act, the Director of the Federal Emergency Management Agency shall issue a notice of proposed rulemaking regarding the amendments made by section 2 to the National Dam Safety Program Act (33 U.S.C. 467 et seq.). (b) Final Rule.--Not later than 120 days after the date of enactment of this Act, the Director of the Federal Emergency Management Agency shall issue a final rule regarding such amendments.

Dam Rehabilitation and Repair Act of 2007 - Amends the National Dam Safety Program Act to require the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams). Sets forth provisions regarding procedures for grant awards and fund allocation. Requires: (1) states receiving grants under this Act to comply with standards applicable to financial contributions for emergency preparedness purposes under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (2) FEMA to develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the federal share of rehabilitation costs to 65%. Authorizes appropriations.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Skilled Workforce Enhancement Act of 2001''. SEC. 2. CREDIT FOR EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN HIGHLY SKILLED SMALL BUSINESS TRADES. (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. EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN HIGHLY SKILLED SMALL BUSINESS TRADES. ``(a) General Rule.--For purposes of section 38, in the case of a small business employer, the highly skilled trades training credit determined under this section for the taxable year is $15,000 for each employee having a qualified training year ending with or within such taxable year (whether or not such employee is an employee of the taxpayer as of the close of such taxable year). ``(b) Definitions.--For purposes of this section-- ``(1) Small business employer.-- ``(A) In general.--The term `small business employer' means, with respect to any taxable year, any employer who employed an average of 250 or fewer employees on business days during such taxable year. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(2) Qualified training year.-- ``(A) In general.--The term `qualified training year' means each year during the training period in which the employee received at least 1,500 hours of training (including on-the-job training and training at multi-employer training facilities) from the taxpayer (or any predecessor) under a qualified training program as an apprentice in any highly skilled trade. ``(B) Highly skilled trades.--For purposes of subparagraph (A), the term `highly skilled trades' means-- ``(i) precision machinists, ``(ii) die makers, ``(iii) mold makers, ``(iv) tool and die designers, ``(v) heating, ventilating, air conditioning, refrigeration, and roofing contractors, ``(vi) the trade of masonry, ``(vii) plumbers, ``(viii) pipefitters, ``(ix) patternmakers, ``(x) foundry technicians, ``(xi) electricians, ``(xii) recreational marine production and design workers, ``(xiii) 2-way radio technicians, ``(xiv) welders, ``(xv) shipfitters, ``(xvi) propellor machinists, ``(xvii) electronic instrumentation specialists, and ``(xviii) other highly skilled trades specified in regulations prescribed by the Secretary. Such term shall not include any trade if the customary apprenticeship period for such trade is less than 2 years. ``(C) Qualified training program.-- ``(i) In general.--The term `qualified training program' means a written plan of study and training for individuals in, or entering into, highly skilled trades. ``(ii) Description of programs.--A plan under clause (i) must be a program described in one of the following subclauses: ``(I) An apprenticeship program registered and certified with the Secretary of Labor under section 1 of the National Apprenticeship Act (29 U.S.C. 50). ``(II) A program licensed, registered, or certified by the workforce investment board or apprenticeship agency or council of a State or administered in compliance with apprenticeship laws of a State. ``(III) A program conducted by a vocational or technical education school, community college, or industrial or trade training organization. ``(IV) A program which conforms to apprentice training programs developed or administered by an employer trade group or committee. ``(V) An industry sponsored or administered program which is clearly identified and commonly recognized within an industry and which meets the requirements of clause (iii). ``(iii) Requirements.--A program meets the requirements of this clause if such program-- ``(I) is accessible to individuals without discrimination on the basis of race, sex, color, religion, or national origin, ``(II) provides an overview of the trade, including the history and modern developments in such trade, ``(III) provides related instruction of the fundamental, intermediate, and advanced skills, techniques, and materials of the trade, ``(IV) provides training in math, measurement, and blueprint reading skills, if such skills are required in the trade, ``(V) provides training on trade specific tools and equipment, ``(VI) provides on-the-job training which allows performance of work under close supervision of an instructor or skilled worker, and ``(VII) provides periodic review and evaluation of participants to demonstrate proficiency in skills, including the use of tests and assessment of individual and group projects. ``(3) Training period.--The term `training period' means, with respect to an employee, the period-- ``(A) beginning on the date that the employee begins employment with the taxpayer as an apprentice in the highly skilled trade, and ``(B) ending on the earlier of-- ``(i) the date that such apprenticeship with the employer ends, or ``(ii) the date which is 4 years after the date referred to in subparagraph (A). ``(c) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 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.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(14) in the case of a small business employer (as defined in section 45E(b)), the highly skilled trades training credit determined under section 45E(a).''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(d) Credit for Training Expenses for Employees in Highly Skilled Small Business Trades.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for the taxable year under section 45E(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45E. Expenses for long-term training of employees in highly skilled small business trades.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred in the taxable years ending after the date of the enactment of this Act.

Skilled Workforce Enhancement Act of 2001 - Amends the Internal Revenue Code to provide small employers with a highly skilled trades training credit.

To amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax for certain expenses for long-term training of employees in highly skilled small business trades.

SECTION 1. FINDINGS. Congress makes the following findings: (1) On January 19, 1942, 6 weeks after the December 7, 1941, attack on Pearl Harbor by the Japanese Navy, the United States Army discharged all Japanese-Americans in the Reserve Officers Training Corps and changed their draft status to ``4C''--the status of ``enemy alien'' which is ineligible for the draft. (2) On January 23, 1942, Japanese-Americans in the military on the mainland were segregated out of their units. (3) Further, on May 3, 1942, General John L. DeWitt issued Civilian Exclusion Order No. 346, ordering all people of Japanese ancestry, whether citizens or noncitizens, to report to assembly centers, where they would live until being moved to permanent relocation centers. (4) On June 5, 1942, 1,432 predominantly Nisei (second generation Americans of Japanese ancestry) members of the Hawaii Provisional Infantry Battalion were shipped from the Hawaiian Islands to Oakland, CA, where the 100th Infantry Battalion was activated on June 12, 1942, and then shipped to train at Camp McCoy, Wisconsin. (5) The excellent training record of the 100th Infantry Battalion and petitions from prominent civilian and military personnel helped convince President Roosevelt and the War Department to re-open military service to Nisei volunteers who were incorporated into the 442nd Regimental Combat Team after it was activated in February of 1943. (6) In that same month, the 100th Infantry Battalion was transferred to Camp Shelby, Mississippi, where it continued to train and even though the battalion was ready to deploy shortly thereafter, the battalion was refused by General Eisenhower, due to concerns over the loyalty and patriotism of the Nisei. (7) The 442nd Regimental Combat Team later trained with the 100th Infantry Battalion at Camp Shelby in May of 1943. (8) Eventually, the 100th Infantry Battalion was deployed to the Mediterranean and entered combat in Italy on September 26, 1943. (9) Due to their bravery and valor, members of the Battalion were honored with 6 awards of the Distinguished Service Cross in the first 8 weeks of combat. (10) The 100th Battalion fought at Cassino, Italy in January, 1944, and later accompanied the 34th Infantry Division to Anzio, Italy. (11) The 442nd Regimental Combat Team arrived in Civitavecchia, Italy on June 7, 1944, and on June 15 of the following week, the 100th Infantry Battalion was formally made an integral part of the 442nd Regimental Combat Team, and fought for the last 11 months of the war with distinction in Italy, southern France, and Germany. (12) The battalion was awarded the Presidential Unit Citation for its actions in battle on June 26-27, 1944. (13) The 442nd Regimental became the most decorated unit in United States military history for its size and length of service. (14) The 100th Battalion and the 442nd Regimental Combat Team, received 7 Presidential Unit Citations, 21 Medals of Honor, 29 Distinguished Service Crosses, 560 Silver Stars, 4,000 Bronze Stars, 22 Legion of Merit Medals, 15 Soldier's Medals, and over 4,000 Purple Hearts, among numerous additional distinctions. (15) The United States remains forever indebted to the bravery, valor, and dedication to country these men faced while fighting a 2-fronted battle of discrimination at home and fascism abroad. (16) Their commitment and sacrifice demonstrates a highly uncommon and commendable sense of patriotism and honor. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, collectively, in recognition of their dedicated service during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, 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.--It is the sense of the 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 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. Passed the House of Representatives May 14, 2009. Attest: LORRAINE C. MILLER, Clerk.

Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the award of a congressional gold medal to the Army's 100th Infantry Battalion and 442nd Regimental Combat Team, collectively, in recognition of their dedicated service during World War II. Requires the Medal to be displayed at the Smithsonian Institution (Smithsonian) after its award. Expresses the sense of Congress that the Smithsonian should make the medal available for display elsewhere, particularly at locations associated with such Battalion and Combat Team. Authorizes appropriations.

To grant the congressional gold medal, collectively, to the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, in recognition of their dedicated service during World War II.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Madera Water Supply Enhancement Act''. SEC. 2. DEFINITIONS. (a) The term ``District'' means the Madera Irrigation District, Madera, California. (b) The term ``Project'' means the ``Madera Water Supply and Enhancement Project''. (c) The term ``Secretary'' means the Secretary of the United States Department of the Interior. SEC. 3. STUDY AND REPORT. (a) Study.-- Pursuant to the Reclamation Act of 1902 (32 Stat. 388) and Acts amendatory thereof and supplemental thereto, the Secretary, acting through the Commissioner of the Bureau of Reclamation, and in consultation and cooperation with the District, is authorized to conduct a study to determine the feasibility of constructing the Project. (b) Report.-- (1) Transmission.--Upon completion of the study authorized by subsection (a), the Secretary shall transmit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the results of the study, together with recommendations regarding any recommendation to construct the project. (2) Use of available materials.--In developing the report under this section, the Secretary shall make use of reports and any other relevant information supplied by the District. (3) Deadline.--No later than December 30, 2006, the Secretary shall complete the report and transmit the report to Congress pursuant to subsection (b)(2). (c) Cost Share.-- (1) Federal share.--The Federal share of the costs of the feasibility study authorized by this section shall not exceed 50 percent of the total cost of the study. (2) In-kind contribution for non-federal share.--The Secretary may accept as part of the non-Federal cost share the contribution of such in-kind services by the District as the Secretary determines will contribute to the conduct and completion of the study. SEC. 4. COOPERATIVE AGREEMENT. All planning, design, and construction of the Project authorized by this Act shall be undertaken in accordance with a cooperative agreement between the Secretary and the District for the Project. Such cooperative agreement shall set forth in a manner acceptable to the Secretary and the District the responsibilities of the District for participating in the study and related environmental review, including, but not limited to: (1) preparation of an assessment of the need for the project; (2) preparation of feasibility and reconnaissance studies; (3) environmental review; (4) engineering and design; (5) construction; and (6) the administration of contracts pertaining to any of the foregoing. SEC. 5. AUTHORIZATION FOR THE MADERA WATER SUPPLY AND ENHANCEMENT PROJECT. (a) Authorization of Construction.--Upon submission of feasibility report described in section 3 and a statement by the Secretary that the project is feasible, the Secretary, acting pursuant to the Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388), and Acts amendatory thereof or supplementary thereto, as far as those laws are not inconsistent with the provisions of this Act, is authorized to enter into a cooperative agreement through the Bureau with the District for the support of the design, and construction of the Project. (b) Cost Share.--The Federal share of the capital costs of the Project shall not exceed 25 percent of the total cost. Capital costs incurred by the District prior to the date of the enactment of this Act shall be considered a portion of the non-Federal cost share. (c) In-Kind Services.--In-kind services performed by the District shall be considered a part of the local cost share to complete the Project authorized by subsection (a). (d) Credit for Non-Federal Work.--The District shall receive credit toward the non-Federal share of the cost of the Project for-- (1) reasonable costs incurred by the District as a result of participation in the planning, design, and construction of the Project; and (2) for the fair market value of lands used or acquired by the District for the Project. (e) Limitation.--The Secretary shall not provide funds for the operation or maintenance of the Project authorized by this section. The operation and maintenance of the Project shall be the sole responsibility of the District. (f) Plans and Analyses Consistent With Federal Law.--Before obligating funds for design or construction under this section, the Secretary shall work cooperatively with the District to use, to the extent possible, plans, designs, and engineering and environmental analyses that have already been prepared by the District for the Project. The Secretary shall ensure that such information as is used is consistent with applicable Federal laws and regulations. (g) Title; Responsibility; Liability.--Nothing in this section or the assistance provided under this section shall be construed to transfer title, responsibility or liability related to the Project to the United States. (h) Authorization of Appropriation.--There is authorized such sums as may be appropriated to carry out this section. SEC. 6. SUNSET. The authority of the Secretary to carry out any provisions of this Act shall terminate 10 years after the date of the enactment of this Act. Passed the House of Representatives July 10, 2006. Attest: KAREN L. HAAS, Clerk.

Madera Water Supply Enhancement Act - Authorizes the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, to study and report to Congress on the feasibility of constructing the Madera Water Supply and Enhancement Project. Limits the federal share of the cost of the study to 50%. Requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary and the Madera Irrigation District, California. Authorizes the Secretary, upon determining that the Project is feasible, to enter into a cooperative agreement through the Bureau with the District for the support of the design and construction of the Project. Limits the federal share of the capital costs of the Project to 25%. Directs the Secretary, before obligating funds, to work cooperatively to use plans, designs, and engineering and environmental analyses that have already been prepared by the District for the Project. Terminates the Secretary's authority to carry out this Act 10 years after its enactment.

To authorize the Secretary of the Interior, acting through the Bureau of Reclamation to enter into a cooperative agreement with the Madera Irrigation District for purposes of supporting the Madera Water Supply Enhancement Project.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Historic Tax Credit Improvement Act of 2015''. SEC. 2. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALL PROJECTS. (a) In General.--Section 47 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Special Rule Regarding Certain Small Projects.-- ``(1) In general.--In the case of any qualified rehabilitated building or portion thereof-- ``(A) which is placed in service after the date of the enactment of this subsection, and ``(B) which is a small project, subsection (a)(2) shall be applied by substituting `30 percent' for `20 percent'. ``(2) Maximum credit.--The credit under this section (after application of this subsection) with respect to any project for all taxable years shall not exceed $750,000. ``(3) Small project.-- ``(A) In general.--For purposes of this subsection, the term `small project' means any certified historic structure or portion thereof if-- ``(i) the total qualified rehabilitation expenditures taken into account for purposes of this section with respect to the rehabilitation do not exceed $3,750,000, and ``(ii) no credit was allowed under this section for either of the two immediately preceding taxable years with respect to such building. ``(B) Progress expenditures.--Credit allowable by reason of subsection (d) shall not be taken into account under subparagraph (A)(ii).''. (b) Effective Date.--The amendment made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 3. ALLOWANCE FOR THE TRANSFER OF CREDITS FOR CERTAIN SMALL PROJECTS. (a) In General.--Section 47(e) of the Internal Revenue Code of 1986, as added by section 2, is amended by adding at the end the following new paragraph: ``(4) Transfer of small project credit.-- ``(A) In general.--Subject to subparagraph (B) and such regulations or other guidance as the Secretary may provide, the taxpayer may transfer to any other taxpayer all or a portion of the credit allowable to the taxpayer under subsection (a) for a small project. ``(B) Certification.--A transfer under subparagraph (A) shall be accompanied by a certificate which includes-- ``(i) the certification for the certified historic structure, ``(ii) the taxpayer's name, address, and tax identification number, ``(iii) the transferee's name, address, and tax identification number, ``(iv) the date of project completion and the amount of credit being transferred, and ``(v) such other information as may be required by the Secretary. ``(C) Credit may only be transferred once.--A credit transferred under subparagraph (A) is not transferable by the transferee to any other taxpayer. ``(D) Tax treatment of transfer.-- ``(i) Disallowance of deduction.--No deduction shall be allowed for any amount of consideration paid or incurred by the transferee in return for the transfer of any credit under this paragraph. ``(ii) Allowance of credit.--The amount of credit transferred under subparagraph (A)-- ``(I) shall not be allowed to the transferor for any taxable year, and ``(II) shall be allowable to the transferee as a credit under this section for the taxable year of the transferee in which such credit is transferred. ``(E) Recapture and other special rules.--For purposes of section 50, the transferee of a credit with respect to a smaller project under this paragraph shall be treated as the taxpayer with respect to the smaller project. ``(F) Information reporting.--The transferor and the transferee shall each make such reports regarding the transfer of an amount of credit under paragraph (A), and containing such information, as the Secretary may require. The reports required by this subparagraph shall be filed at such time and in such manner as may be required by the Secretary.''. (b) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2015. SEC. 4. INCREASING THE TYPE OF BUILDINGS ELIGIBLE FOR REHABILITATION. (a) In General.--Section 47(c)(1)(C)(i)(I) of the Internal Revenue Code of 1986 is amended by inserting ``50 percent of'' before ``the adjusted basis''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2015. SEC. 5. REDUCTION OF BASIS ADJUSTMENT FOR REHABILITATION PROPERTY. (a) In General.--Section 50(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(6) Special rule relating to the rehabilitation credit.-- In the case of any rehabilitation credit-- ``(A) only 50 percent of such credit shall be taken into account under paragraph (1), and ``(B) only 50 percent of any recapture amount attributable to such credit shall be taken into account under paragraph (2).''. (b) Coordination With Basis Adjustment.--Subsection (d) of section 50 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``For purposes of paragraph (5), in applying the provisions of section 48(d)(5)(B) (as so in effect) to a lease of property eligible for the credit under section 47, gross income of the lessee of such property shall include, ratably over the shortest recovery period applicable to such property under section 168, an amount equal to 50 percent of the amount of the credit allowable under section 38 to such lessee with respect to such property.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 6. SPECIAL RULES FOR DISPOSITIONS OF STATE HISTORIC TAX CREDITS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139F the following new section: ``SEC. 139G. DISPOSITIONS OF STATE HISTORIC TAX CREDITS. ``(a) Exclusion From Income; Basis Reduction.-- ``(1) In general.--In the case of a taxpayer who receives a State historic tax credit and transfers such credit by sale, allocation, or otherwise, or receives a refund of all or a portion of such credit-- ``(A) no portion of the net proceeds of such allocation, disposition, or refund of such credit shall constitute income to such taxpayer under section 61(a), and ``(B) the taxpayer's basis for purposes of this title in the property with respect to which the State historic tax credit is allowed shall be reduced by the net proceeds of such sale, allocation, disposition, or refund under the rules of paragraph (2). ``(2) Application of reduction in basis.-- ``(A) In general.--The reduction in basis under paragraph (1)(b) shall be applied-- ``(i) first, against the basis in the land, ``(ii) second, against so much of the basis of any building or interest therein as was not treated as a qualified rehabilitation expenditure by reason of clause (ii) or (iii) of section 47(c)(2)(B), and ``(iii) third, against the remaining basis in the property. ``(B) Adjustment in basis of interest in partnership or s corporation.--The adjusted basis of-- ``(i) a partner's interest in a partnership, or ``(ii) stock in an S corporation (as defined in section 1361(a)(1)), shall be appropriately adjusted to take into account adjustments made under this paragraph in the basis of property held by the partnership or S corporation (if any). ``(b) Election To Include in Income.-- ``(1) In general.--In the case of a taxpayer who elects to have this subsection apply in lieu of subsection (a)-- ``(A) the net proceeds of the allocation, disposition, or refund described in subsection (a)(1) shall constitute income to the taxpayer under section 61(a), and ``(B) subsection (a)(1)(B) shall not apply. ``(2) Making of election.--An election under this subsection shall be made at such time and in such manner as the Secretary may by regulation prescribe. Such election shall apply for the taxable year for which it is made and for all subsequent taxable years and may be revoked only with the consent of the Secretary of the Treasury. ``(c) Effect on Qualified Rehabilitation Expenditures and Rehabilitation Credits.--For purposes of determining the rehabilitation credit allowable to a taxpayer under section 47, the transfer or allocation of State historic tax credits with respect to any property by a taxpayer shall not affect or reduce the amount of qualified rehabilitation expenditures (as defined in section 47(c)(2)) taken into account with such property, nor shall such transfer or disposition, or any basis adjustment under subsection (a), be treated as an early disposition of investment credit property for purposes of the recapture provisions of section 50. ``(d) State Historic Tax Credit.--For purposes of this section, the term `State historic tax credit' means any credit against State or local tax liabilities which-- ``(1) is allowable under the laws of any State or political subdivision thereof to a taxpayer with respect to expenditures made for the rehabilitation of property identified by such laws, and ``(2) can be allocated, disposed, or refunded under such laws.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139F the following new item: ``Sec. 139G. Dispositions of State historic tax credits.''. (c) Effective Date.--This section shall apply to transfers or dispositions made, or refunds received, after the date of the enactment of this Act. SEC. 7. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY. (a) In General.--Section 47(c)(2)(B)(v)(I) of the Internal Revenue Code of 1986 is amended by inserting ``, and subclauses (I), (II), and (III) of section 168(h)(1)(B)(ii) shall not apply'' after ``thereof''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Historic Tax Credit Improvement Act of 2015 This bill amends the Internal Revenue Code, with respect to the tax credit for the rehabilitation of buildings and historic structures, to: (1) allow an increased 30% credit, up to $750,000, for projects with rehabilitation expenditures not exceeding $3.75 million, for which no credit was allowed in either of the two immediately preceding taxable years (small projects); (2) allow the transfer of tax credit amounts for small projects; (3) treat a building as substantially rehabilitated if rehabilitation expenditures exceed the greater of 50% of the adjusted basis of the building or $5,000 (currently, the greater of the adjusted basis of the building or $5,000); (4) exempt from tax the proceeds of a state historic tax; and (5) limit the application of disqualified lease rules to tax-exempt use property.

Historic Tax Credit Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Marine Shipping Assessment Implementation Act of 2010''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The Arctic Ocean and adjacent seas are becoming increasingly accessible to shipping, due to thinning ice cover, technological improvements allowing greater efficiencies in the operation of ice-breakers and ice-strengthened cargo and passenger vessels, satellite support for navigation and real- time ice-charting, and growing demand for Arctic tourism and natural resources. (2) It is in the interests of the United States to work with the State of Alaska and our neighbors in the Arctic to ensure that shipping in the Arctic Ocean and adjacent seas is safe for mariners, protective of the natural environment, including the air, land, water, and wildlife of the Arctic, and mindful of the needs of longstanding subsistence users of Arctic resources. (3) It is further in the interests of the United States to ensure that shipping in the Arctic Ocean and adjacent seas is secure, and that United States sovereign and security interests, including the rights of United States vessels to innocent passage through international straits, are respected and protected, that access is provided throughout the Arctic Ocean for legitimate research vessels of all nations, and that peaceful relations are maintained in the Arctic. (4) It is further in the interests of the United States to see that a system of international cooperation is established to support reliable shipping, with methods for joint investment in providing mariners aids to navigation, ports of refuge, vessel-to-shore communication, hydrographic mapping, and search and rescue capability. (5) For nearly 500 years, mariners and sea-faring nations have sought national and global benefits from sea routes in the Arctic similar to those provided now by the Panama and Suez canals, but as those benefits may finally be realized, expanded shipping will present risks to residents of the Arctic, and coordinated shipping regulations are needed to protect United States interests even from shipping that may occur in the Arctic outside United States territorial waters. (6) Proven models for international cooperation in management of regional waterways exist, including United States joint administration of the St. Lawrence Seaway with Canada, and existing cooperation between the Coast Guard and its Russian Federation counterpart for fisheries enforcement in the Bering Sea and North Pacific regions. (7) The United States has continuing research, security, environmental, and commercial interests in the Arctic that rely on the availability of icebreaker platforms of the Coast Guard. The Polar Class icebreakers commissioned in the 1970s are in need of replacement. (8) Sovereign interests of the United States in the Arctic Ocean and Bering Sea regions may grow with submission of a United States claim for an extended continental shelf. (9) Building new icebreakers, mustering international plans for aids to navigation and other facilities, and establishing coordinated shipping regulations and oil spill prevention and response capability through international cooperation, including the approval of the International Maritime Organization, requires long lead times. Beginning those efforts now, with the completion of an Arctic Marine Shipping Assessment by the eight-nation Arctic Council, is essential to protect United States interests given the extensive current use of the Arctic Ocean and adjacent seas by vessels of many nations. SEC. 3. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION. (a) Purpose.--The purpose of this section is to ensure safe and secure maritime shipping in the Arctic including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic. (b) International Maritime Organization Agreements.--To carry out the purpose of this section, the Secretary of the department in which the Coast Guard is operating is encouraged to enter into negotiations through the International Maritime Organization to conclude and execute agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure, in the Arctic-- (1) placement and maintenance of aids to navigation; (2) appropriate marine safety, tug, and salvage capabilities; (3) oil spill prevention and response capability; (4) maritime domain awareness, including long-range vessel tracking; and (5) search and rescue. (c) Coordination by Committee on the Maritime Transportation System.--The Committee on the Maritime Transportation System established under a directive of the President in the Ocean Action Plan, issued December 17, 2004, shall coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out the purpose of this section. (d) Agreements and Contracts.--The Secretary of the department in which the Coast Guard is operating may, subject to the availability of appropriations, enter into cooperative agreements, contracts, or other agreements with, or make grants to individuals and governments to carry out the purpose of this section or any agreements established under subsection (b). (e) Icebreaking.--The Secretary of the department in which the Coast Guard is operating shall promote safe maritime navigation by means of icebreaking where needed to carry out the purposes of this section. (f) Demonstration Projects.--The Secretary of Transportation may enter into cooperative agreements, contracts, or other agreements with, or make grants to-- (1) individuals to conduct demonstration projects to reduce emissions (including black carbon and other emissions that could contribute to climate change) or discharges from vessels operating in the Arctic; and (2) maritime training institutions to train mariners for ice navigation (including navigation in broken ice conditions) and Arctic operations, including the prevention of discharges. (g) Authorization of Appropriations.--There are authorized to be appropriated-- (1) to the Secretary of the department in which the Coast Guard is operating-- (A) $5,000,000 for each of fiscal years 2011 through 2015 for seasonal operations in the Arctic; and (B) $10,000,000 for each of fiscal years 2012 through 2015 to carry out agreements established under subsection (d); and (2) to the Secretary of Transportation $5,000,000 for each of fiscal years 2011 through 2015 to conduct demonstration projects under subsection (f). (h) Icebreakers.-- (1) Analyses.--Not later than 90 days after the date of enactment of this Act or the date of completion of the ongoing High Latitude Study to assess Arctic polar ice-breaking mission requirements, whichever occurs later, the Commandant of the Coast Guard shall-- (A) conduct a comparative cost-benefit analysis of-- (i) extending the service life of the existing fleet of icebreakers for operation by the Coast Guard, (ii) constructing new icebreakers for operation by the Coast Guard, and (iii) any combination of the activities described in clauses (i) and (ii) that is necessary for the Coast Guard to carry out the Federal icebreaking missions of the United States; and (B) conduct an analysis of the impact on mission capacity and the ability of the United States to maintain a presence in the Arctic regions through the year 2020 if recapitalization of the icebreaker fleet, either by constructing new icebreakers or extending the service life of the existing fleet of icebreakers, is not fully funded. (2) Reports to congress.-- (A) Not later than 90 days after the date of enactment of this Act or the date of completion of the ongoing High Latitude Study to assess Arctic ice- breaking mission requirements, whichever occurs later, the Commandant of the Coast Guard shall submit a report containing the results of the study, together with recommendations the Commandant deems appropriate under section 93(a)(24) of title 14, United States Code, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. (B) Not later than 1 year after the date of enactment of this Act, the Commandant shall submit reports containing the results of the analyses required under subparagraphs (A) and (B) of paragraph (1), together with recommendations the Commandant deems appropriate under section 93(a)(24) of title 14, United States Code, to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. SEC. 4. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD PRESENCE IN HIGH LATITUDE REGIONS. Within 270 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives assessing the need for additional Coast Guard prevention and response capability in the high latitude regions. The assessment shall address needs for all Coast Guard mission areas, including search and rescue, marine pollution response and prevention, fisheries enforcement, and maritime commerce. The Secretary shall include in the report-- (1) an assessment of the high latitude operating capabilities of all current Coast Guard assets, including assets acquired under the Deepwater program; (2) an assessment of projected needs for Coast Guard forward operating bases in the high latitude regions; (3) an assessment of shore infrastructure, personnel, logistics, communications, and resources requirements to support Coast Guard forward operating bases in the high latitude regions; (4) an assessment of the need for high latitude icebreaking capability and the capability of the current high latitude icebreaking assets of the Coast Guard, including-- (A) whether the Coast Guard's high latitude icebreaking fleet is meeting current mission performance goals; (B) whether the fleet is capable of meeting projected mission performance goals; and (C) an assessment of the material condition, safety, and working conditions aboard high latitude icebreaking assets, including the effect of those conditions on mission performance; (5) a detailed estimate of acquisition costs for each of the assets (including shore infrastructure) necessary for additional prevention and response capability in high latitude regions for all Coast Guard mission areas, and an estimate of operations and maintenance costs for such assets for the initial 10-year period of operations; and (6) detailed cost estimates (including operating and maintenance for a period of 10 years) for high latitude icebreaking capability to ensure current and projected future mission performance goals are met, including estimates of the costs to-- (A) renovate and modernize the Coast Guard's existing high latitude icebreaking fleet; and (B) replace the Coast Guard's existing high latitude icebreaking fleet. SEC. 5. ARCTIC DEFINITION. In this Act the term ``Arctic'' has the same meaning as in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).

Arctic Marine Shipping Assessment Implementation Act of 2010 - Encourages the Secretary of the department in which the Coast Guard is operating to enter into negotiations through the International Maritime Organization to execute agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, Denmark, and other seafaring and Arctic nations to ensure in the Arctic: (1) placement and maintenance of aids to navigation; (2) appropriate marine safety, tug, and salvage capabilities; (3) oil spill prevention and response capability; (4) maritime domain awareness, including long-range vessel tracking; and (5) search and rescue. Directs the Committee on the Maritime Transportation System to coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out this Act. Authorizes the Secretary to enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals and governments to carry out this Act or any agreements. Directs the Secretary to promote safe commercial maritime navigation by means of icebreaking where needed. Authorizes the Secretary of Transportation to enter into agreements or contracts with or make grants to: (1) individuals to conduct demonstration projects to reduce emissions or discharges from vessels operating in the Arctic; as well as (2) maritime training institutions to train mariners for ice navigation and Artic operations, including the prevention of discharges. Directs the Commandant of the Coast Guard to analyze: (1) the costs and benefits of extending the service life of the existing fleet of icebreakers or of constructing new icebreakers for the Coast Guard; and (2) the impact on the U.S. ice-breaking mission and ability to maintain a presence in the Artic regions through 2020 if recapitalization of the icebreaker fleet is not fully funded. Directs the Secretary to: (1) report to specified congressional committees on the results of the ongoing High Latitude Study to assess Arctic ice-breaking mission requirements; and (2) assess, and report to Congress on, the need for additional Coast Guard prevention and response capability in the high latitude regions.

To ensure safe, secure, and reliable marine shipping in the Arctic including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teen Pregnancy Prevention, Responsibility, and Opportunity Act of 2006''. SEC. 2. FINDINGS. Congress finds as follows: (1) The United States has the highest teen-pregnancy rate and teen birth rate in the western industrialized world, costing the United States not less than $7,000,000,000 annually. (2) About 1 out of 3 of all young women in the United States becomes pregnant before she reaches the age of 20. (3) Teen pregnancy has serious consequences for young women, their children, and communities as a whole. Too-early childbearing increases the likelihood that a young woman will drop out of high school and that she and her child will live in poverty. (4) Statistically, the sons of teen mothers are more likely to end up in prison. The daughters of teen mothers are more likely to end up teen mothers too. (5) Teens that grow up in disadvantaged economical, social, and familial circumstances are more likely to engage in risky behavior and have a child during adolescence. (6) Teens with strong emotional attachments to their parents are more likely to become sexually active at a later age. 7 out of 10 teens say that they are prepared to listen to things parents thought they were not ready to hear. (7) 78 percent of white and 70 percent of African American teenagers report that lack of communication between a teenage girl and her parents is frequently a reason a teenage girl has a baby. (8) One study found that the likelihood of teens having sex for the first time increased with the number of unsupervised hours teens have during a week. (9) After-school programs reduce teen risky behavior by involving teens in activities that provide alternatives to sex. Teenage girls who play sports, for instance, are more likely to delay sex and have fewer partners and less likely to become pregnant. (10) After-school programs help prevent teen pregnancy by advancing good decision-making skills and providing teens health education and positive role models in a supervised setting. (11) 8 in 10 girls and 6 in 10 boys report that they wish they had waited until they were older to have sex. SEC. 3. EDUCATION PROGRAM FOR PREVENTING TEEN PREGNANCIES. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') may make grants to local educational agencies, State and local public health agencies, and nonprofit private entities for the purpose of carrying out projects to provide education on preventing teen pregnancies. (b) Preference in Making Grants.--In making grants under subsection (a), the Secretary shall give preference to applicants that will carry out the projects under such subsection in communities for which the rate of teen pregnancy is significantly above the average rate in the United States of such pregnancies. (c) Certain Requirements.--A grant may be made under subsection (a) only if the applicant for the grant meets the following conditions with respect to the project involved: (1) The applicant agrees that information provided by the project on pregnancy prevention will be age-appropriate, factually and medically accurate and complete, and scientifically-based. (2) The applicant agrees that the project will give priority to preventing teen pregnancies by-- (A) encouraging teens to delay sexual activity; (B) providing educational services and referrals for sexually active teens or teens at risk of becoming sexually active; (C) educating both young men and women about the responsibilities and pressures that come along with parenting; (D) helping parents communicate with teens about sexuality; or (E) teaching young people responsible decision- making. (d) Matching Funds.-- (1) In general.--With respect to the costs of the project to be carried out under subsection (a) by an applicant, a grant may be made under such subsection only if the applicant agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs ($1 for each $3 of Federal funds provided in the grant). (2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (e) Maintenance of Effort.--With respect to the activities for which a grant under subsection (a) is authorized to be expended, such a grant may be made for a fiscal year only if the applicant involved agrees to maintain expenditures of non-Federal amounts for such activities at a level that is not less than the level of such expenditures maintained by the applicant for the fiscal year preceding the first fiscal year for which the applicant receives such a grant. (f) Evaluation of Projects.--The Secretary shall establish criteria for the evaluation of projects under subsection (a). A grant may be made under such subsection only if the applicant involved-- (1) agrees to conduct evaluations of the project in accordance with such criteria; (2) agrees to submit to the Secretary such reports describing the results of the evaluations as the Secretary determines to be appropriate; and (3) submits to the Secretary, in the application under subsection (g), a plan for conducting the evaluations. (g) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information, including the agreements under subsections (c) through (f) and the plan under subsection (f)(3), as the Secretary determines to be necessary to carry out this section. (h) Report to Congress.--Not later than October 1, 2011, the Secretary shall submit to Congress a report describing the extent to which projects under subsection (a) have been successful in reducing the rate of teen pregnancies in the communities in which the projects have been carried out. (i) Definitions.--In this section: (1) Age-appropriate.--The term ``age-appropriate'', with respect to information on pregnancy prevention, means topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. (2) Factually and medically accurate and complete.--The term ``factually and medically accurate and complete'' means verified or supported by the weight of research conducted in compliance with accepted scientific methods and-- (A) published in peer-reviewed journals, where applicable; or (B) comprising information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. (3) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (j) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $20,000,000 for each of the fiscal years 2007 through 2011. SEC. 4. REAUTHORIZATION OF CERTAIN AFTER-SCHOOL PROGRAMS. (a) 21St Century Community Learning Centers.--Section 4206 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7176) is amended-- (1) in paragraph (5), by striking ``$2,250,000,000'' and inserting ``$2,500,000,000''; and (2) in paragraph (6), by striking ``$2,500,000,000'' and inserting ``$2,750,000,000''. (b) Carol M. White Physical Education Program.--Section 5401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241) is amended-- (1) by striking ``There are'' and inserting ``(a) In General.--There are''; and (2) by adding at the end the following: ``(b) Physical Education.--In addition to the amounts authorized to be appropriated by subsection (a), there are authorized to be appropriated $73,000,000 for each of fiscal years 2007 and 2008 to carry out subpart 10.''. (c) Federal TRIO Programs.--Section 402A(f) of the Higher Education Act of 1965 (20 U.S.C. 1070a-11(f)) is amended by striking ``$700,000,000 for fiscal year 1999, and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``$883,000,000 for fiscal year 2007 and such sums as may be necessary for each of the 5 succeeding fiscal years''. (d) GEARUP.--Section 404H of the Higher Education Act of 1965 (20 U.S.C. 1070a-28) is amended by striking ``$200,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years'' and inserting ``$325,000,000 for fiscal year 2007 and such sums as may be necessary for each of the 5 succeeding fiscal years''. SEC. 5. DEMONSTRATION GRANTS TO ENCOURAGE CREATIVE APPROACHES TO TEEN PREGNANCY PREVENTION AND AFTER-SCHOOL PROGRAMS. (a) In General.--The Secretary may make grants to public or nonprofit private entities for the purpose of assisting the entities in demonstrating innovative approaches to prevent teen pregnancies. (b) Certain Approaches.--Approaches under subsection (a) may include the following: (1) Encouraging teen-driven approaches to pregnancy prevention. (2) Exposing teens to realistic simulations of the physical, emotional, and financial toll of pregnancy and parenting. (3) Facilitating communication between parents and children, especially programs that have been evaluated and proven effective. (c) Matching Funds.-- (1) In general.--With respect to the costs of the project to be carried out under subsection (a) by an applicant, a grant may be made under such subsection only if the applicant agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs ($1 for each $3 of Federal funds provided in the grant). (2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (d) Evaluation of Projects.--The Secretary shall establish criteria for the evaluation of projects under subsection (a). A grant may be made under such subsection only if the applicant involved-- (1) agrees to conduct evaluations of the project in accordance with such criteria; (2) agrees to submit to the Secretary such reports describing the results of the evaluations as the Secretary determines to be appropriate; and (3) submits to the Secretary, in the application under subsection (e), a plan for conducting the evaluations. (e) Application for Grant.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information, including the agreements under subsections (c) and (d) and the plan under subsection (d)(3), as the Secretary determines to be necessary to carry out this section. (f) Report to Congress.--Not later than October 1, 2011, the Secretary shall submit to Congress a report describing the extent to which projects under subsection (a) have been successful in reducing the rate of teen pregnancies in the communities in which the projects have been carried out. Such reports shall describe the various approaches used under subsection (a) and the effectiveness of each of the approaches. (g) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 2007 through 2011.

Teen Pregnancy Prevention, Responsibility, and Opportunity Act of 2006 - Authorizes the Secretary of Health and Human Services to make grants to local educational agencies, state and local public health agencies, and nonprofit private entities for projects to provide education on preventing teen pregnancies. Gives priority to communities with significantly above averages rates of teen pregnancy. Requires the Secretary to establish criteria to evaluate such projects. Amends the Elementary and Secondary Education Act of 1965 to increase authorized appropriations for community learning centers. Authorizes appropriations for physical education programs. Amends the Higher Education Act of 1965 to reauthorize appropriations for TRIO and GEARUP programs. Authorizes the Secretary to make matching grants to public or nonprofit private entities for demonstrating innovative approaches to prevent teen pregnancies.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwest Bridge Research Center Establishment Act of 2003''. SEC. 2. BRIDGE RESEARCH CENTER. Section 5505 of title 49, United States Code, is amended by adding at the end the following: ``(k) Southwest Bridge Research Center.-- ``(1) In general.--In addition to the university transportation centers receiving grants under subsections (a) and (b), the Secretary shall provide grants to New Mexico State University, in collaboration with the Oklahoma Transportation Center, to establish and operate a university transportation center to be known as the `Southwest Bridge Research Center' (referred to in this subsection as the `Center'). ``(2) Purpose.--The purpose of the Center shall be to contribute at a national level to a systems approach to improving the overall performance of bridges, with an emphasis on-- ``(A) increasing the number of highly skilled individuals entering the field of transportation; ``(B) improving the monitoring of structural health over the life of bridges; ``(C) developing innovative technologies for bridge testing and assessment; ``(D) developing technologies and procedures for ensuring bridge safety, reliability, and security; and ``(E) providing training in the methods for bridge inspection and evaluation. ``(3) Objectives.--The Center shall carry out the following programs and activities: ``(A) Basic and applied research, the products of which shall be judged by peers or other experts in the field to advance the body of knowledge in transportation. ``(B) An education program that includes multidisciplinary course work and participation in research. ``(C) An ongoing program of technology transfer that makes research results available to potential users in a form that can be implemented. ``(4) Maintenance of effort.--To be eligible to receive a grant under this subsection, the institution specified in paragraph (1) shall enter into an agreement with the Secretary to ensure that, for each fiscal year after establishment of the Center, the institution will fund research activities relating to transportation in an amount that is at least equal to the average annual amount of funds expended for the activities for the 2 fiscal years preceding the fiscal year in which the grant is received. ``(5) Cost sharing.-- ``(A) Federal share.--The Federal share of the cost of any activity carried out using funds from a grant provided under this subsection shall be 50 percent. ``(B) Non-federal share.--The non-Federal share of the cost of any activity carried out using funds from a grant provided under this subsection may include funds provided to the recipient under any of sections 503, 504(b), and 505 of title 23. ``(C) Ongoing programs.--After establishment of the Center, the institution specified in paragraph (1) shall obligate for each fiscal year not less than $200,000 in regularly budgeted institutional funds to support ongoing transportation research and education programs. ``(6) Program coordination.-- ``(A) Coordination.--The Secretary shall-- ``(i) coordinate the research, education, training, and technology transfer activities carried out by the Center; ``(ii) disseminate the results of that research; and ``(iii) establish and operate a clearinghouse for information derived from that research. ``(B) Annual review and evaluation.--At least annually, and in accordance with the plan developed under section 508 of title 23, the Secretary shall review and evaluate each program carried out by the Center using funds from a grant provided under this subsection. ``(7) Limitation on availability of funds.--Funds made available to carry out this subsection shall remain available for obligation for a period of 2 years after the last day of the fiscal year for which the funds are authorized. ``(8) Amount of grant.--For each of fiscal years 2004 through 2009, the Secretary shall provide a grant in the amount of $3,000,000 to the institution specified in paragraph (1) to carry out this subsection. ``(9) Authorization of appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $3,000,000 for each of fiscal years 2004 through 2009.''.

Southwest Bridge Research Center Establishment Act of 2003 - Amends Federal transportation law to direct the Secretary of Transportation, in addition to grants that university transportation centers receive under the Act, to provide grants to New Mexico State University, in collaboration with the Oklahoma Transportation Center, to establish a university transportation center known as the Southwest Bridge Research Center. Declares that the purpose of the Center is to contribute at a national level to a systems approach to improving the overall performance of bridges. Sets forth certain grant requirements.

A bill to amend title 49, United States Code, to establish a university transportation center to be known as the "Southwest Bridge Research Center".

SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Family and Medical Leave Clarification Act''. (b) References.--Whenever in this Act an amendment is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to that section or other provision of the Family and Medical Leave Act of 1993. (c) Table of Contents.--The table of contents is as follows: Sec. 1. Short title; references; table of contents. Sec. 2. Findings. Sec. 3. Definition of serious health condition. Sec. 4. Intermittent leave. Sec. 5. Request for leave. Sec. 6. Substitution of paid leave. Sec. 7. Regulations. Sec. 8. Effective date. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Family and Medical Leave Act of 1993 (in this section referred to as the ``Act'') is not working as Congress intended when it passed the Act in 1993. Many employers, including those nationally recognized as having generous family-friendly benefit and leave programs, are experiencing serious problems complying with the Act. (2) The Department of Labor's overly broad regulations and interpretations have caused many of these problems by greatly expanding the Act's coverage to apply to many non-serious health conditions. (3) Documented problems generated by the Act include significant new administrative and personnel costs, loss of productivity and scheduling difficulties, unnecessary paperwork and record keeping, and other compliance problems. (4) The Act often conflicts with employers' existing paid sick leave policies and prevent employers from managing absences through their absence control plans and results in most leave under the Act becoming paid leave. (5) The Commission on Leave, established in title III of the Act, which reported few difficulties with compliance with the Act, failed to identify many of the problems with compliance because its study was conducted too soon after the enactment of the Act and the most significant problems with compliance arose only when employers later sought to comply with the Act's final regulations and interpretations. SEC. 3. DEFINITION OF SERIOUS HEALTH CONDITION. (a) Amendment.--Section 101(11) (29 U.S.C. 2611(11)) is amended by adding after and below subparagraph (B) the following: ``The term `serious health condition' does not cover short-term conditions for which treatment and recovery are very brief. Conditions covered include, for example, heart attacks, heart conditions requiring extensive therapy or surgical procedures, strokes, severe respiratory conditions, spinal injuries, appendicitis, pneumonia, emphysema, severe arthritis, severe nervous disorders, injuries caused by serious accidents on or off the job, ongoing pregnancy, miscarriages, complications or illnesses related to pregnancy, such as severe morning sickness, the need for prenatal care, childbirth, and recovery from childbirth.''. (b) Regulations.-- (1) Repeal.--The regulations of the Secretary of Labor, published at sections 825.114 and 825.115 of title 29 of the Code of Federal Regulations, and opinion letters promulgated thereunder shall be null and void on the effective date of final regulations issued under paragraph (2). (2) New regulations.--The Secretary of Labor shall revise the regulations referred to in paragraph (1) and shall issue proposed regulations making such revision not later than 90 days after the date of enactment of this Act and shall issue final regulations not later than 180 days after such date of enactment. (3) Transition.--With respect to leave and requests for leave made under section 102 of the Family and Medical Leave Act of 1993 occurring before the effective date of the final regulations under paragraph (2), an employer may rely on the regulations of the Secretary referred to in paragraph (1). In any action to enforce the requirements of such Act pending on or after the effective date of such final regulations, no provision of the regulations referred to in paragraph (1) may be cited as evidence of an employer's non-compliance with such Act. SEC. 4. INTERMITTENT LEAVE. Section 102(b)(1) (29 U.S.C. 2612(b)(1)) is amended by striking the period at the end of the second sentence and inserting the following: ``as certified by the health care provider after each leave occurrence. An employer may require an employee to take intermittent leave in increments of up to one-half of a work day. Employers may require employees who travel as part of their normal day-to-day work or duty assignments to take leave for the duration of that work or assignment if the employer cannot reasonably accommodate the employee's request to take leave intermittently or on a reduced leave schedule.''. SEC. 5. REQUEST FOR LEAVE. Section 102(a) (29 U.S.C. 2612(a)) is amended by inserting after paragraph (2) the following: ``(3) Request for leave.--When an employer does not exercise under subsection (d)(2) the right to substitute other employer provided leave for leave under this title, an employer may require an employee who wants leave under this title to request in a timely manner such leave. If required by the employer, an employee who fails to make such a timely request may be denied leave under this title. ``(4) Timeliness of request for leave.--As used in paragraph (3) of this subsection, a request for leave is timely if-- ``(A) in the case of foreseeable leave, the employee provides the applicable advance notice required by subsection (e) and submits any written application required by the employer within 5 working days of providing the notice to the employer; and ``(B) in the case of unforeseeable leave, the employee notifies the employer verbally of the need for the leave no later than the time the leave commences and submits any written application required by the employer within 5 working days of providing the notice to the employer, except that the 5-day period will be extended as necessary if the employee is physically or mentally incapable of providing notice or submitting the application.''. SEC. 6. SUBSTITUTION OF PAID LEAVE. Section 102(d)(2) (29 U.S.C. 2612(d)(2)) is amended by adding at the end the following: ``(C) Paid absence.--Notwithstanding subparagraphs (A) and (B), with respect to leave provided under subparagraph (D) of subsection (a)(1), where an employer provides paid absence under an employer's collective bargaining agreement, a welfare benefit plan under the Employee Retirement Income Security Act of 1974, or under any other sick leave, sick pay, or disability plan, program, or policy of the employer, an employer may require the employee to choose between such paid absence and unpaid leave provided under this title.''. SEC. 7. REGULATIONS. (a) General Rule.--Except as provided in section 3(b)(2), not later than 6 months after the date of the enactment of this Act, the Secretary of Labor shall review and revise all regulations promulgated before such date to implement the Family and Medical Leave Act of 1993 to reflect the amendments made by this Act. (b) With respect to actions taken by an employer before the effective date of such revised regulations, compliance with the regulations in effect before such date shall be deemed to constitute full compliance with this Act. After the effective date of this Act, the Secretary may not enforce regulations in effect before such date. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of 180 days after the date of the enactment of this Act.

Allows employers to require that intermittent leave be taken in increments of up to half a work day. Requires employees to: (1) request leave be designated as FMLA leave; (2) provide written application within five working days of providing notice to the employer for foreseeable leave; and (3) with respect to unforeseeable leave, to provide, at a minimum, verbal notification of the need for the leave not later than the time the leave commences, unless the employee is physically or mentally incapable of providing notice or submitting the application. Permits employers to require employees to choose between taking unpaid leave provided by the FMLA or paid absence under an employer's collective bargaining agreement or other sick leave, sick pay, or disability plan, program, or policy of the employer. Directs the Secretary of Labor to review all existing regulations for implementing FMLA, and to issue new regulations revised to reflect the amendments made by this Act.

Family and Medical Leave Clarification Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Income Tax Assistance Permanence Act of 2017''. SEC. 2. RETURN PREPARATION PROGRAMS FOR LOW-INCOME TAXPAYERS. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by inserting after section 7526 the following new section: ``SEC. 7526A. RETURN PREPARATION PROGRAMS FOR LOW-INCOME TAXPAYERS. ``(a) Establishment of Volunteer Income Tax Assistance Matching Grant Program.--The Secretary, through the Internal Revenue Service, shall establish a Community Volunteer Income Tax Assistance Matching Grant Program under which the Secretary may, subject to the availability of appropriated funds, make grants to provide matching funds for the development, expansion, or continuation of qualified return preparation programs assisting low-income taxpayers and members of underserved populations. ``(b) Use of Funds.-- ``(1) In general.--Qualified return preparation programs may use grants received under this section for-- ``(A) ordinary and necessary costs associated with program operation in accordance with cost principles under the applicable Office of Management and Budget circular, including-- ``(i) wages or salaries of persons coordinating the activities of the program, ``(ii) developing training materials, conducting training, and performing quality reviews of the returns prepared under the program, ``(iii) equipment purchases, and ``(iv) vehicle-related expenses associated with remote or rural tax preparation services, ``(B) outreach and educational activities described in subsection (c)(2)(B), and ``(C) services related to financial education and capability, asset development, and the establishment of savings accounts in connection with tax return preparation. ``(2) Use of grants for overhead expenses prohibited.--No grant received under this section may be used for overhead expenses that are not directly related to a qualified return preparation program. ``(c) Application.-- ``(1) In general.--Each applicant for a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(2) Priority.--In awarding grants under this section, the Secretary shall give priority to applications which demonstrate-- ``(A) assistance to low-income taxpayers, with emphasis on outreach to, and services for, such taxpayers, ``(B) taxpayer outreach and educational activities relating to eligibility and availability of income supports available through the Internal Revenue Code of 1986, including the earned income tax credit, and ``(C) specific outreach and focus on one or more underserved populations. ``(3) Amounts taken into account.--In determining matching grants under this section, the Secretary shall only take into account amounts provided by the qualified return preparation program for expenses described in subsection (b). ``(d) Accuracy Reviews.-- ``(1) In general.--The Secretary shall establish procedures for, and shall conduct, periodic site visits of qualified return preparation programs operating under a grant under this section-- ``(A) to ensure such programs are carrying out the purposes of this section, and ``(B) to determine the return preparation accuracy rate of the program. ``(2) Additional requirements for grant recipients not meeting minimum standards.--In the case of any qualified return preparation program which-- ``(A) is awarded a grant under this section, and ``(B) is subsequently determined-- ``(i) to have a less than 90 percent average accuracy rate for preparation of tax returns, or ``(ii) not to be otherwise carrying out the purposes of this section, such program shall not be eligible for any additional grants under this section unless such program provides sufficient documentation of corrective measures established to address any such deficiencies determined. ``(e) Definitions.--For purposes of this section-- ``(1) Qualified return preparation program.--The term `qualified return preparation program' means any program-- ``(A) which provides assistance to individuals, not less than 90 percent of whom are low-income taxpayers, in preparing and filing Federal income tax returns, ``(B) which is administered by a qualified entity, ``(C) in which all volunteers who assist in the preparation of Federal income tax returns meet the training requirements prescribed by the Secretary, and ``(D) which uses a quality review process which reviews 100 percent of all returns. ``(2) Qualified entity.-- ``(A) In general.--The term `qualified entity' means any entity which-- ``(i) is an eligible organization, ``(ii) is in compliance with Federal tax filing and payment requirements, ``(iii) is not debarred or suspended from Federal contracts, grants, or cooperative agreements, and ``(iv) agrees to provide documentation to substantiate any matching funds provided pursuant to the grant program under this section. ``(B) Eligible organization.--The term `eligible organization' means-- ``(i) an institution of higher education which is described in section 102 (other than subsection (a)(1)(C) thereof) of the Higher Education Act of 1965 (20 U.S.C. 1002), as in effect on the date of the enactment of this section, and which has not been disqualified from participating in a program under title IV of such Act, ``(ii) an organization described in section 501(c) and exempt from tax under section 501(a), ``(iii) a local government agency, including-- ``(I) a county or municipal government agency, and ``(II) an Indian tribe, as defined in section 4(13) of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103(13)), including any tribally designated housing entity (as defined in section 4(22) of such Act (25 U.S.C. 4103(22))), tribal subsidiary, subdivision, or other wholly owned tribal entity, ``(iv) a local, State, regional, or national coalition (with one lead organization which meets the eligibility requirements of clause (i), (ii), or (iii) acting as the applicant organization), or ``(v) in the case of a targeted population or community with respect to which no organizations described in the preceding clauses are available-- ``(I) a State government agency, or ``(II) an office providing Cooperative Extension services (as established at the land-grant colleges and universities under the Smith-Lever Act of May 8, 1914). ``(3) Low-income taxpayers.--The term `low-income taxpayer' means a taxpayer whose income for the taxable year does not exceed an amount equal to the completed phaseout amount under section 32(b) for a married couple filing a joint return with 3 or more qualifying children, as determined in a revenue procedure or other published guidance. ``(4) Underserved population.--The term `underserved population' includes populations of persons with disabilities, persons with limited English proficiency, Native Americans, individuals living in rural areas, members of the Armed Forces and their spouses, and the elderly. ``(f) Special Rules and Limitations.-- ``(1) Duration of grants.--Upon application of a qualified return preparation program, the Secretary is authorized to award a multi-year grant not to exceed 3 years. ``(2) Aggregate limitation.--Unless otherwise provided by specific appropriation, the Secretary shall not allocate more than $30,000,000 per fiscal year (exclusive of costs of administering the program) to grants under this section. ``(g) Promotion and Referral.-- ``(1) Promotion.--The Secretary shall promote tax preparation through qualified return preparation programs through the use of mass communications, referrals, and other means. ``(2) Internal revenue service referrals.--The Secretary may refer taxpayers to qualified return preparation programs receiving grants under this section. ``(3) VITA grantee referral.--Qualified return preparation programs receiving a grant under this section are encouraged to refer, as appropriate, to local or regional Low Income Taxpayer Clinics individuals who are eligible for such clinics.''. (b) Clerical Amendment.--The table of sections for chapter 77 is amended by inserting after the item relating to section 7526 the following new item: ``7526A. Return preparation programs for low-income taxpayers.''.

Volunteer Income Tax Assistance Permanence Act of 2017 This bill directs the Internal Revenue Service (IRS) to establish a Community Volunteer Income Tax Assistance Matching Grant Program to provide matching funds for the development, expansion, or continuation of tax preparation programs to assist low-income taxpayers and members of underserved populations. Unless otherwise provided by a specific appropriation, the IRS may not allocate more than $30 million per fiscal year (exclusive of costs of administering the program) for the program.

Volunteer Income Tax Assistance Permanence Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``COPS Improvements Act of 2011''. SEC. 2. COPS GRANT IMPROVEMENTS. (a) In General.--Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) by striking subsection (c); (2) by redesignating subsection (b) as subsection (c); (3) by striking subsection (a) and inserting the following: ``(a) The Office of Community Oriented Policing Services.-- ``(1) Office.--There is within the Department of Justice, under the general authority of the Attorney General, a separate and distinct office to be known as the Office of Community Oriented Policing Services (referred to in this subsection as the `COPS Office'). ``(2) Director.--The COPS Office shall be headed by a Director who shall-- ``(A) appointed by the Attorney General; and ``(B) have final authority over all grants, cooperative agreements, and contracts awarded by the COPS Office. ``(b) 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, and multi-jurisdictional or regional consortia for the purposes described in subsections (c), (d), (e), and (f).''; (4) in subsection (c), as so redesignated-- (A) in the heading, by striking ``uses of grant amounts.--'' 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 striking paragraph (9); (E) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; (F) 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;''; (G) by striking paragraph (13); (H) by redesignating paragraphs (14), (15), and (16) as paragraphs (13), (14), and (15), respectively; (I) in paragraph (15), as so redesignated, by striking ``and'' at the end; (J) by redesignating paragraph (17) as paragraph (18); (K) by inserting after paragraph (15), as so redesignated, 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.''; and (L) in paragraph (18), as so redesignated, by striking ``through (16)'' and inserting ``through (17)''; (5) by striking subsections (h) and (i); (6) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; (7) by redesignating subsections (d) through (g) as subsections (g) through (j), respectively; (8) by inserting after subsection (c), as so redesignated, the following: ``(d) Troops-to-Cops Programs.-- ``(1) In general.--Grants made under subsection (b) 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. ``(e) Community Prosecutors Program.--The Attorney General may make grants under subsection (b) 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. ``(f) Technology Grants.--The Attorney General may make grants under subsection (b) 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.''; (9) in subsection (g), 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''; and (C) in the first sentence of paragraph (3), by inserting ``(including regional community policing institutes)'' after ``training centers or facilities''; (10) in subsection (i), as so redesignated-- (A) by striking ``subsection (a)'' the first place that term appears and inserting ``paragraphs (1) and (2) of subsection (c)''; 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 (c)''; (11) in subsection (j), as so redesignated-- (A) by striking ``subsection (a)'' and inserting ``subsection (b)''; and (B) by striking the second sentence; (12) in subsection (k)(1), as so redesignated-- (A) by striking ``subsection (i) and''; and (B) by striking ``subsection (b)'' and inserting ``subsection (c)''; and (13) by adding at the end the following: ``(m) Retention of Additional Officer Positions.--For any grant under paragraph (1) or (2) of subsection (c) 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. ``(n) Proportionality of Awards.--The Attorney General shall ensure that the same percentage of the total number of eligible applicants in each State receive a grant under this section.''. (b) Applications.--Section 1702 of title I 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 title I 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 title I 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.--Section 1706 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended-- (1) in the section heading, by striking ``revocation or suspension of funding'' and inserting ``enforcement actions''; and (2) by striking ``revoke or suspend'' and all that follows and inserting ``take any enforcement action available to the Department of Justice.''. (f) Definitions.--Section 1709(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended-- (1) by striking ``who is authorized'' and inserting ``who is a sworn law enforcement officer and is authorized''; and (2) by inserting ``, including officers for the Amtrak Police Department'' before the period at the end. (g) Authorization of Appropriations.--Section 1001(a)(11) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended-- (1) in subparagraph (A), by striking ``$1,047,119,000 for each of fiscal years 2006 through 2009'' and inserting ``$900,000,000 for each of fiscal years 2012 through 2017''; and (2) in subparagraph (B)-- (A) in the first sentence-- (i) by striking ``3 percent'' and inserting ``5 percent''; and (ii) by striking ``section 1701(d)'' and inserting ``section 1701(g)''; and (B) by striking the second sentence and inserting the following: ``Of the funds available for grants under part Q, not less than $500,000,000 shall be used for grants for the purposes specified in section 1701(c), not more than $150,000,000 shall be used for grants under section 1701(e), and not more than $250,000,000 shall be used for grants under section 1701(f).''. (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 title I 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 title I 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 2011 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to modify the public safety and community policing grant program (COPS ON THE BEAT grant program) to: (1) establish within the Department of Justice (DOJ), under the general authority of the Attorney General, the Office of Community Oriented Policing Services to be headed by a Director; and (2) authorize the Attorney General to carry out more than one such program. Repeals provisions authorizing: (1) the Attorney General to give preferential consideration to applications for hiring and rehiring additional career law enforcement officers that involve a non-federal contribution exceeding a 25% minimum; and (2) the use of such grants to develop and implement either innovative programs to permit members of the community to assist state, tribal, and local law enforcement agencies in the prevention of crime in the community or new administrative and managerial systems to facilitate the adoption of community-oriented policing as an organization-wide philosophy. Authorizes the use of such 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 innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use; (3) meet emerging law enforcement needs; (4) hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community-oriented policing; (5) pay for additional community prosecuting programs to handle cases from specific geographic areas and to address counter-terrorism problems and violent crime in local communities; and (6) develop new technologies to assist state and local law enforcement agencies in crime prevention and training. Directs the Attorney General to ensure that the same percentage of the total number of eligible applicants in each state receive a grant. 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. Includes officers for the Amtrak Police Department within the definition of "career law enforcement officer" for purposes of such grant program. Increases and extends the authorization of appropriations for the program for FY2012-FY2017.

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.

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

Directs the Secretary of Commerce to determine the levels of exports of U.S. goods to North American Free Trade Agreement (NAFTA) parties and imports into the United States of goods from NAFTA parties, and the number of jobs that have resulted from increased exports of goods to NAFTA parties, and the loss of jobs that have resulted from increased imports into the United States of goods from NAFTA parties since January 1, 1994.Directs the Administrator of the Environmental Protection Agency to investigate whether pollution and health hazards in the United States have worsened since January 1, 1994, to the extent that may be attributable to NAFTA, and specifically in and around the U.S.-Mexico and the U.S.-Canada borders.Directs the President to certify annually to Congress whether or not each NAFTA country is meeting certain commitments made with respect to: (1) environmental protection in the North American Agreement on Environmental Cooperation; and (2) workers' rights in the North American Agreement on Labor Cooperation.

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

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Routine HIV Screening Coverage Act of 2012''. (b) Findings.--Congress finds the following: (1) HIV/AIDS continues to infect and kill thousands of Americans, more than 30 years after the first cases were reported. (2) It has been estimated that approximately 1.7 million Americans have been infected with HIV since the beginning of the epidemic and over 600,000 of them have died. (3) The HIV/AIDS epidemic has disproportionately impacted African-Americans, Latino-Americans, and other racial and ethnic minorities. (4) It has been estimated that 20 percent of those infected with HIV in the United States do not know they are infected. (5) The Centers for Disease Control and Prevention has determined that increasing the proportion of people who know their HIV status is an essential component of comprehensive HIV/AIDS treatment and prevention efforts and that early diagnosis is critical in order for people with HIV/AIDS to receive life-extending therapy. (6) The Centers for Disease Control and Prevention recommends routine HIV screening in health care settings for all patients aged 13-64, regardless of risk. (7) Some health plans do not cover routine HIV screening, but only cover HIV tests for patients with known or perceived risk factors for HIV/AIDS and patients who demonstrate symptoms of AIDS. (8) Not all individuals who have been infected with HIV fall into high-risk categories or demonstrate symptoms of AIDS. (9) If health plans covered routine HIV screenings, health providers would be more likely to recommend routine HIV screening for their patients. (10) Section 2713 of the Public Health Service Act (42 U.S.C. 300gg-13), as amended by section 1001 of the Patient Protection and Affordable Care Act (Public Law 111-148), requires that health plans cover preventive health services without imposing cost sharing requirements. (11) Routine HIV screening is a preventive health service. (12) Requiring health plans to cover routine HIV screening as a preventive health service without imposing cost sharing requirements could play a critical role in preventing the spread of HIV and allowing infected individuals to receive effective treatment. SEC. 2. COVERAGE FOR ROUTINE HIV SCREENING UNDER GROUP HEALTH PLANS, HEALTH INSURANCE COVERAGE, AND FEHBP. (a) Group Health Plans.-- (1) Public health service act amendments.--Subpart II of part A of title XXVII of the Public Health Service Act is amended by inserting the following new section after section 2719A: ``SEC. 2719B. COVERAGE FOR ROUTINE HIV SCREENING. ``(a) In General.--A group health plan and a health insurance issuer offering group or individual health insurance coverage-- ``(1) shall provide coverage for routine HIV screening; and ``(2) shall not impose terms and conditions (including cost sharing requirements) with respect to such screening that are less favorable for a participant or beneficiary than the terms and conditions applicable to items and services described in section 2713(a). ``(b) Prohibitions.--A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan or coverage, solely for the purpose of avoiding the requirements of this section; ``(2) deny coverage for routine HIV screening on the basis that-- ``(A) there are no known risk factors for HIV present; or ``(B) the screening is not-- ``(i) clinically indicated; ``(ii) medically necessary; or ``(iii) pursuant to a referral or recommendation by any health care provider; ``(3) provide monetary payments, rebates, or other benefits to individuals to encourage such individuals to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section; or ``(5) provide incentives (monetary or otherwise) to a provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section. ``(c) Rules of Construction.--Nothing in this section shall be construed to require an individual who is a participant or beneficiary of a group health plan or health insurance coverage to undergo HIV screening. ``(d) Preemption.--Nothing in this section shall be construed to preempt any State law in effect on the date of enactment of this section with respect to health insurance coverage that requires coverage of at least the coverage of HIV screening otherwise required under this section.''. (2) Inclusion of notice in uniform coverage documents.-- Section 2715(b)(3)(B) of the Public Health Service Act (42 U.S.C. 300gg-15) is amended-- (A) in clause (i), by striking ``and'' at the end; (B) by redesignating clause (ii) as clause (iii); and (C) by inserting after clause (i) the following: ``(ii) the coverage for routine HIV screening required under section 2719B; and''. (3) Routine hiv screening defined through consultation process.--Section 2791(d) is amended by adding at the end the following new paragraph: ``(22) Routine hiv screening.--The term `routine HIV screening' shall have the meaning given such term by the Secretary. In defining such term, the Secretary shall consult with the Office of National AIDS Policy, the Centers for Disease Control and Prevention, health care professionals with expertise in HIV treatment and prevention, advocates for people living with HIV, and other qualified individuals.''. (4) Conforming amendments.-- (A) ERISA.--Section 715(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185d(a)(1)) is amended by inserting ``and the Routine HIV Screening Coverage Act of 2012'' after ``Patient Protection and Affordable Care Act''. (B) IRC.--Section 9815(a)(1) of the Internal Revenue Code of 1986 is amended by inserting ``and the Routine HIV Screening Coverage Act of 2012'' after ``Patient Protection and Affordable Care Act''. (b) Application Under Federal Employees Health Benefits Program (FEHBP).--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p) A contract may not be made or a plan approved which does not comply with the requirements of section 2719B of the Public Health Service Act.''. (c) Effective Date.--This section and the amendments made by this section shall be effective for plan years beginning on or after the date that is 1 year after the date of the enactment of this Act.

Routine HIV Screening Coverage Act of 2012 - Amends the Public Health Service Act, the Employee Retirement Income Security Act (ERISA), and the Internal Revenue Code to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for routine HIV screening under terms and conditions no less favorable than for other routine preventive health services. Prohibits such a plan from taking specified actions to avoid the requirements of this Act. Requires inclusion of a notice of such screening coverage in the uniform summary of benefits and coverage explanation provided by the group health plan or health insurance issuer. Defines "routine HIV screening" as having the meaning given the term by the Secretary of Health and Human Services (HHS) after consultation with the the Office of National AIDS Policy, the Centers for Disease Control and Prevention (CDC), health care professionals, and other qualified individuals. Applies requirements of this Act to health insurance coverage offered under the Federal Employees Health Benefits Program.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and title 5, United States Code, to require individual and group health insurance coverage and group health plans and Federal employees health benefit plans to provide coverage for routine HIV screening.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Detectives Nemorin and Andrews Anti- Gun Trafficking Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) Illegal gun traffickers are a principal source of firearms for criminals. (2) Illegal gun traffickers are often criminals in other respects, and gun trafficking investigations provide another means to prevent them from harming the community. (3) Criminals obtain their guns from the illegal market by a variety of sources, such as from-- (A) corrupt Federal firearm licensees, who are associated with the largest number of illegally trafficked firearms--nearly 40,000 firearms over the 30-month period from July 1996 through December 1998; (B) straw purchasers, who buy firearms for persons prohibited from receiving firearms, and who are the most common channel in gun trafficking investigations, accounting for almost half of all such investigations over the 30-month period from July 1996 through December 1998; and (C) firearms thefts, with investigations involving firearms stolen from residences or federally licensed firearms dealers being associated with over 9,000 trafficked firearms over the 30-month period from July 1996 through December 1998. (4) The Bureau of Alcohol, Tobacco, Firearms, and Explosives has discerned significant interstate patterns in illegal gun trafficking, including the trafficking of firearms between the Southeast and Northeast; from the South into the Midwest and from California into other western States. Nationally, slightly less than half of all gun trafficking investigations involve interstate gun trafficking. SEC. 3. ILLEGAL GUN TRAFFICKING. Section 924 of title 18, United States Code, is amended by adding at the end the following: ``(p)(1) Whoever, in or affecting interstate or foreign commerce in violation of subsection (a)(6), (g), or (n) of section 922 or subsection (c) of this section-- ``(A) offers for sale, transfer, or barter 2 or more firearms, at least 2 of which are handguns, semiautomatic assault weapons, short-barreled shotguns, short-barreled rifles, or machineguns; and ``(B) at least 1 of the firearms-- ``(i) is transported, received, or possessed by the person, and-- ``(I) is stolen; or ``(II) has had the importer's or manufacturer's serial number removed, obliterated, or altered; or ``(ii) is offered by the person for sale, transfer, or barter to another person who-- ``(I) is prohibited from possessing a firearm under subsection (g) or (n) of section 922; ``(II) is prohibited by State law from possessing a firearm; ``(III) has not attained 18 years of age, except as otherwise allowed under Federal or State law; ``(IV) is in a school zone; or ``(V) has travelled from any State into any other State, and acquires or attempts to acquire the firearm otherwise in violation of Federal or State law, shall be fined under this title, imprisoned not more than 20 years, or both. ``(2) Paragraph (1) shall not apply to conduct of a licensed dealer at the premises from which the licensed dealer conducts business subject to the license, or pursuant to section 923(j).''. SEC. 4. EXPANSION OF PROJECT SAFE NEIGHBORHOODS. Section 104 of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273) is amended-- (1) in subsection (a), by inserting ``, illegal gun trafficking,'' after ``violence'' ; and (2) in subsection (b), by striking ``2002'' and inserting ``2004''. SEC. 5. REPORT TO THE CONGRESS. Beginning in calendar year 2005, the Attorney General shall submit biennially to the Congress a written report, covering the preceding 2 years, which specifies-- (1) the State of origin for each firearm, used in a crime, that was traced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the State in which the firearm was recovered; (2) the total number of firearms so traced, by manufacturer, model, and type of firearm; (3) the name of Federal firearms licensees who have had more than 50 firearms, used in a crime, traced back to them in a single year; and (4) the number of prosecutions for each individual offense under sections 922, 923, and 924 of title 18, United States Code. SEC. 6. ADDITIONAL PENALTY FOR POSSESSION OF A STOLEN FIREARM DURING THE COMMISSION OF A FELONY. Section 924 of title 18, United States Code is amended by adding at the end the following: ``(q)(1) Whoever, during and in relation to the commission of a crime punishable by imprisonment for a term exceeding one year, receives, possesses, conceals, barters, sells, or disposes of any stolen firearm or stolen ammunition, in or affecting interstate or foreign commerce, whether or not the person is aware that the firearm or ammunition is stolen, shall, in addition to the punishment provided for the crime so punishable, be sentenced to a term of imprisonment of not more than 5 years. ``(2) Paragraph (1) shall not apply if the person obtained the firearm or ammunition from a licensed dealer at the place of business specified on the license of the dealer issued under this chapter.''. SEC. 7. NATIONAL CRIME INFORMATION CENTER STOLEN GUN FILE. (a) Availability.--The Federal Bureau of Investigation shall make available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives the National Crime Information Center Gun File for the purpose of enabling the Bureau of Alcohol, Tobacco, Firearms, and Explosives to access the file while completing a crime gun trace. (b) Use.--The Bureau of Alcohol, Tobacco, Firearms, and Explosives shall conduct a search of the National Crime Information Center Stolen Gun File with respect to each firearm submitted to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for tracing. (c) Notification Regarding Stolen Firearms.--If a law enforcement agency requests the Bureau of Alcohol, Tobacco, Firearms, and Explosives to trace a firearm, and the National Crime Information Center Stolen Gun File indicates that the firearm is stolen, then the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall notify the law enforcement agency of that information and provide the law enforcement agency with any available information regarding the owner of the firearm. (d) Return of Stolen Firearms Possessed by BATFE.--If the Bureau of Alcohol, Tobacco, Firearms, and Explosives possesses a firearm which the National Crime Information System Gun File indicates is stolen, the Bureau shall return the firearm to the person who reported the firearm stolen, when the Bureau determines that-- (1) the firearm is no longer needed for criminal investigation or evidentiary purposes; and (2) the person is entitled to possess the firearm. (e) Use by Federal Firearms Licensees Enrolled in the NICS System.--Within 2 years after the date of the enactment of this Act, the Federal Bureau of Investigation, shall allow all Federal firearms licensees enrolled in the National Instant Criminal Background Check System to conduct a search of the National Crime Information Center Stolen Gun File with respect to any firearm the licensee purchases, receives, possesses, or accepts as security for a loan, from any person not licensed under section 923 of title 18, United States Code. SEC. 8. ADDITIONAL PENALTY FOR POSSESSION OF A FIREARM WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION OF A FELONY. Section 924 of title 18, United States Code, is amended by adding at the end the following: ``(r) Whoever, during and in relation to the commission of a crime punishable by imprisonment for a term exceeding one year, transports, possesses, or receives, in or affecting interstate or foreign commerce, a firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered, regardless of whether or not the person is aware of the removal, obliteration, or alteration, shall, in addition to the punishment provided for the crime so punishable, be sentenced to a term of imprisonment of not more than 5 years.''. SEC. 9. ENHANCED PENALTIES FOR THE USE OF A STOLEN FIREARM OR A FIREARM WITH AN OBLITERATED SERIAL NUMBER DURING THE COMMISSION OF A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME. Section 924(c)(1)(A) of title 18, United States Code, is amended-- (1) in clause (i), by inserting ``, or if the firearm was stolen or had the manufacturer's serial number removed, obliterated, or altered, not less than 7 years''after ``years''; (2) in clause (ii), by inserting ``, or if the firearm was stolen or had the manufacturer's serial number removed, obliterated, or altered, not less than 9 years''after ``years''; and (3) in clause (iii), by inserting ``, or if the firearm was stolen or had the manufacturer's serial number removed, obliterated, or altered, not less than 12 years''after ``years''.

Detectives Nemorin and Andrews Anti-Gun Trafficking Act of 2003 - Amends the Brady Handgun Violence Prevention Act to prohibit the sale, transfer, or barter of two or more firearms, at least two of which are handguns, semiautomatic assault weapons, short-barreled shotguns, short-barreled rifles, or machine-guns, where at least one of the firearms: (1) is stolen or has had the importer's or manufacturer's serial number removed, obliterated, or altered; or (2) is offered by the person for sale, transfer, or barter to another person who is prohibited from owning a firearm, is under age 18, is in a school zone, or has travelled from another State and attempts to acquire the firearm in violation of law. Amends the 21st Century Department of Justice Appropriations Authorization Act to: (1) direct that illegal gun trafficking be addressed as part of Project Safe Neighborhoods; and (2) extend through FY 2004 the authorization for hiring additional Assistant U.S. Attorneys. Requires the Attorney General to report to Congress on traced firearms used in crimes, the Federal licensees who had more than 50 firearms traced to them in a year, and on prosecutions for individual firarms transaction offenses. Directs the Federal Bureau of Investigation to: (1) make available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives the National Crime Information Center Gun File to complete a crime gun trace; and (2) allow all Federal firarms licensees enrolled in the National Instant Criminal Background Check System to search the File with respect to any firearm the licensee receives from any person not licensed. Sets forth additional penalties for possession, sale, or use of a stolen firearm (regardless of whether the person was aware that it was stolen) or a firearm with an obliterated serial number in the commission of a crime punishable by inprisonment for more than one year or a crime of violence.

To combat illegal gun trafficking, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Nutrient Removal Assistance Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) ineffective wastewater treatment is one of the most common sources of water pollution; (2) nutrient pollution, particularly phosphorus loading, continues to be one of the most significant water quality issues facing the Great Lakes System; (3) limiting phosphorus loads is key to controlling excessive algal growth, and a coordinated Great Lakes System- wide strategy to change how nutrients are discharged is urgent; and (4) nutrient removal technology is one of the most reliable, cost effective, and direct methods for reducing the flow of phosphorus and other harmful nutrients from point sources in the Great Lakes System. (b) Purposes.--The purposes of this Act are-- (1) to authorize the Administrator of the Environmental Protection Agency to provide financial assistance to Great Lakes States and municipalities for use in upgrading publically owned wastewater treatment plants in the Great Lakes System with nutrient removal technologies; and (2) to further the goal of restoring the water of the Great Lakes System to conditions that are protective of human health and aquatic life. SEC. 3. SEWAGE CONTROL TECHNOLOGY GRANT PROGRAM. The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``TITLE VII--MISCELLANEOUS ``SEC. 701. SEWAGE CONTROL TECHNOLOGY GRANT PROGRAM. ``(a) Grant Program.-- ``(1) Establishment.--Not later than 1 year after the date of enactment of this section, the Administrator shall establish a program within the Environmental Protection Agency to provide grants to Great Lakes States, and municipalities thereof, to upgrade eligible facilities with nutrient removal technologies. ``(2) Priority.--In providing a grant under paragraph (1), the Administrator shall-- ``(A) consult with the Program Office; and ``(B) give priority to eligible facilities at which nutrient removal technology upgrades would-- ``(i) produce the greatest nutrient load reductions at points of discharge; ``(ii) result in the greatest environmental benefits to the Great Lakes System; and ``(iii) help meet the objectives related to nutrients outlined in Annex 4 of the 2012 Great Lakes Water Quality Agreement. ``(3) Application.-- ``(A) In general.--On receipt of an application from a State or municipality for a grant under this section, if the Administrator approves the request, the Administrator shall transfer to the State or municipality the amount of assistance determined necessary by the Administrator, in consultation with the Program Office, to carry out the facility upgrades that are the subject of the application. ``(B) Form.--An application submitted by a State or municipality under subparagraph (A) shall be in such form and shall include such information as the Administrator may prescribe. ``(4) Use of funds.--A State or municipality that receives a grant under this section shall use the grant to upgrade eligible facilities with nutrient removal technologies that are designed to reduce total nutrients in discharged wastewater. ``(5) Cost sharing.-- ``(A) Federal share.--The Federal share of the cost of upgrading any eligible facility as described in paragraph (1) using funds provided under this section shall not exceed 55 percent. ``(B) Non-federal share.--The non-Federal share of the costs of upgrading any eligible facility as described in paragraph (1) using funds provided under this section may be provided in the form of funds made available to a State or municipality under-- ``(i) any provision of this Act other than this section (including funds made available from a State water pollution control revolving fund established under title VI); or ``(ii) any other Federal or State law. ``(b) Definitions.--In this section: ``(1) 2012 great lakes water quality agreement.--The term `2012 Great Lakes Water Quality Agreement' means the Great Lakes Water Quality Protocol of 2012, signed at Washington on September 7, 2012 (further amending the Agreement between the United States of America and Canada on Great Lakes Water Quality, 1978, signed at Ottawa on November 22, 1978). ``(2) Eligible facility.--The term `eligible facility' means a municipal wastewater treatment plant that-- ``(A) as of the date of enactment of this section, has a permitted design capacity to treat an annual average of at least 500,000 gallons of wastewater per day; and ``(B) is located within the Great Lakes System in any of the Great Lakes States. ``(3) Great lakes states; great lakes system.--The terms `Great Lakes States' and `Great Lakes System' have the meanings given those terms in section 118. ``(4) Program office.--The term `Program Office' means the Great Lakes National Program Office established by section 118(b). ``(c) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2013 through 2017. Such sums shall remain available until expended. ``(2) Administrative costs.--The Administrator may use not to exceed 4 percent of any amount made available under paragraph (1) to pay administrative costs incurred in carrying out this section.''.

Great Lakes Nutrient Removal Assistance Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide grants to Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin and municipalities in such states to upgrade eligible municipal wastewater treatment plants with nutrient removal technologies. Requires the Administrator to give priority to plants at which nutrient removal technology upgrades would: (1) produce the greatest nutrient load reductions at points of discharge, (2) result in the greatest environmental benefits to the Great Lakes System, and (3) help meet the objectives related to nutrients outlined in Annex four of the 2012 Great Lakes Water Quality Agreement. Defines as "eligible" a plant that: (1) has a permitted design capacity to treat an annual average of at least 500,000 gallons of wastewater per day, and (2) is located within the Great Lakes System in any of such states. Prohibits the federal share from exceeding 55% of the total cost of upgrading such plants.

Great Lakes Nutrient Removal Assistance Act

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

Access to Medical Treatment Act - Permits any individual to be treated by a health care practitioner with any medical treatment that the individual desires (including a treatment that is not approved, certified, or licensed by the Secretary of Health and Human Services) if: (1) the practitioner agrees to treat the individual; and (2) the administration of such treatment does not violate licensing laws. Authorizes health care practitioners to provide any method of treatment to such an individual if certain requirements are met. Requires a practitioner to report: (1) administering such treatment and discovering it to be a danger to an individual; and (2) the positive effects of an unconventional medical treatment for a life-threatening medical condition.

Access to Medical Treatment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recognize, Assist, Include, Support, and Engage Family Caregivers Act of 2015'' or the ``RAISE Family Caregivers Act''. SEC. 2. DEFINITIONS. In this Act: (1) Advisory council.--The term ``Advisory Council'' means the Family Caregiving Advisory Council convened under section 4. (2) Family caregiver.--The term ``family caregiver'' means an adult family member or other individual who has a significant relationship with, and who provides a broad range of assistance to, an individual with a chronic or other health condition, disability, or functional limitation. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Strategy.--The term ``Strategy'' means the National Family Caregiving Strategy established, maintained, and updated under section 3. SEC. 3. NATIONAL FAMILY CAREGIVING STRATEGY. (a) In General.--The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop, maintain, and periodically update a National Family Caregiving Strategy. (b) Contents.--The Strategy shall identify specific actions that Federal, State, and local governments, communities, health care, long- term services and supports and other providers, employers, and others can take to recognize and support family caregivers in a manner that reflects their diverse needs, including with respect to the following: (1) Promoting greater adoption of person- and family- centered care in all health and long-term services and supports settings, with the person receiving services and supports and the family caregiver (as appropriate) at the center of care teams. (2) Assessment and service planning (including care transitions and coordination) involving family caregivers and care recipients. (3) Training and other supports. (4) Information, education, referral, and care coordination, including hospice, palliative care, and advance planning services. (5) Respite options. (6) Financial security. (7) Workplace policies and supports that allow family caregivers to remain in the workforce. (c) Responsibilities of the Secretary.--The Secretary, in carrying out this section, shall be responsible for the following: (1) Collecting and making publicly available information, including evidence-based or promising practices and innovative models (both domestically and internationally) regarding the provision of care by family caregivers or support for family caregivers. (2) Coordinating Federal Government programs and activities to recognize and support family caregivers while ensuring maximum effectiveness and avoiding unnecessary duplication. (3) Providing technical assistance, such as best practices and information sharing, to State or local efforts, as appropriate, to support family caregivers. (4) Addressing disparities in recognizing and supporting family caregivers and meeting the needs of the diverse family caregiving population. (5) Assessing all Federal programs regarding family caregivers, including with respect to funding levels. (d) Initial Strategy; Updates.--The Secretary shall-- (1) not later than 18 months after the date of enactment of this Act, develop, publish, and submit to Congress the initial Strategy incorporating the items addressed in the Advisory Council's report in section 4(d)(2) and other priority actions for recognizing and supporting family caregivers; and (2) not less than every 2 years, update, republish, and submit to Congress the Strategy, taking into account the most recent annual report submitted under section 4(d)(1)-- (A) to reflect new developments, challenges, opportunities, and solutions; and (B) to assess progress in implementation of the Strategy and, based on the results of such assessment, recommend priority actions for such implementation. (e) Process for Public Input.--The Secretary shall establish a process for public input to inform the development of, and updates to, the Strategy, including a process for the public to submit recommendations to the Advisory Council and an opportunity for public comment on the proposed Strategy. (f) No Preemption.--Nothing in this Act preempts any authority of a State or local government to recognize or support family caregivers. SEC. 4. FAMILY CAREGIVING ADVISORY COUNCIL. (a) Convening.--The Secretary shall convene a Family Caregiving Advisory Council to provide advice to the Secretary on recognizing and supporting family caregivers. (b) Membership.-- (1) In general.--The members of the Advisory Council shall consist of-- (A) the appointed members under paragraph (2); and (B) the Federal members under paragraph (3). (2) Appointed members.--In addition to the Federal members under paragraph (3), the Secretary shall appoint not more than 15 members of the Advisory Council who are not representatives of Federal departments or agencies and who shall include at least one representative of each of the following: (A) Family caregivers. (B) Older adults with long-term services and supports needs, including older adults facing disparities. (C) Individuals with disabilities. (D) Advocates for family caregivers, older adults with long-term services and supports needs, and individuals with disabilities. (E) Health care and social service providers. (F) Long-term services and supports providers. (G) Employers. (H) Paraprofessional workers. (I) State and local officials. (J) Accreditation bodies. (K) Relevant industries. (L) Veterans. (M) As appropriate, other experts in family caregiving. (3) Federal members.--The Federal members of the Advisory Council, who shall be nonvoting members, shall consist of the following: (A) The Administrator of the Centers for Medicare & Medicaid Services (or the Administrator's designee). (B) The Administrator of the Administration for Community Living (or the Administrator's designee who has experience in both aging and disability). (C) The Assistant Secretary for the Administration for Children and Families (or the Assistant Secretary's designee). (D) The Secretary of Veterans Affairs (or the Secretary's designee). (E) The Secretary of Labor (or the Secretary's designee). (F) The Secretary of the Treasury (or the Secretary's designee). (G) The National Coordinator for Health Information Technology (or the National Coordinator's designee). (H) The Administrator of the Small Business Administration (or the Administrator's designee). (I) The Chief Executive Officer of the Corporation for National and Community Service (or the Chief Executive Officer's designee). (J) The heads of other Federal departments or agencies (or their designees), as appointed by the Secretary or the Chair of the Advisory Council. (4) Diverse representation.--The Secretary shall ensure that the membership of the Advisory Council reflects the diversity of family caregivers and individuals receiving services and supports. (c) Meetings.--The Advisory Council shall meet quarterly during the 1-year period beginning on the date of enactment of this Act and at least three times during each year thereafter. Meetings of the Advisory Council shall be open to the public. (d) Advisory Council Annual Reports.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Advisory Council shall submit to the Secretary and Congress a report concerning the development, maintenance, and updating of the Strategy and the implementation thereof, including a description of the outcomes of the recommendations and priorities under paragraph (2), as appropriate. Such report shall be made publicly available by the Advisory Council. (2) Initial report.--The Advisory Council's initial report under paragraph (1) shall include-- (A) an inventory and assessment of all federally funded efforts to recognize and support family caregivers and the outcomes of such efforts, including analyses of the extent to which federally funded efforts are reaching family caregivers and gaps in such efforts; (B) recommendations for priority actions-- (i) to improve and better coordinate programs; and (ii) to deliver services based on the performance, mission, and purpose of a program while eliminating redundancies and ensuring the needs of family caregivers are met; (C) recommendations to reduce the financial impact and other challenges of caregiving on family caregivers; and (D) an evaluation of how family caregiving impacts the Medicare program, and Medicaid program, and other Federal programs. (e) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Council. SEC. 5. SUNSET PROVISION. The authority and obligations established by this Act shall terminate on December 31, 2025. Passed the Senate December 8, 2015. Attest: JULIE E. ADAMS, Secretary.

Recognize, Assist, Include, Support, and Engage Family Caregivers Act of 2015 or the RAISE Family Caregivers Act (Sec. 3) This bill directs the Department of Health and Human Services (HHS) to develop, maintain, and periodically update a National Family Caregiving Strategy. (Sec. 4) HHS shall convene a Family Caregiving Advisory Council to advise it on recognizing and supporting family caregivers. (Sec. 5) This Act shall terminate on December 31, 2025.

RAISE Family Caregivers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping America's Food Safe Act of 2008''. SEC. 2. CERTIFICATION OF PRIVATE LABORATORIES AND SAMPLING SERVICES. (a) Amendment.--Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following: ``SEC. 418. FOOD SAFETY LABORATORIES AND SAMPLING SERVICES. ``(a) Definitions.--In this section: ``(1) Food safety laboratory.--The term `food safety laboratory' means an establishment that analyzes or tests samples of imported food to ensure the safety of such food. ``(2) Sampling service.--The term `sampling service' means an establishment that collects samples of an imported food. ``(b) Certification Requirement.-- ``(1) In general.--Any entity that is a food safety laboratory or a sampling service shall submit to the Secretary an application for certification. Upon review, the Secretary may grant or deny certification to the food safety laboratory or sampling service. ``(2) Certification standards.--The Secretary shall establish criteria and methodologies for the evaluation of an application for certification submitted under paragraph (1). Such criteria shall include the requirements that a food safety laboratory or sampling service-- ``(A) be accredited as being in compliance with standards set by the International Organization for Standardization; ``(B) agree to permit the Secretary to conduct an inspection of the facilities of the food safety laboratory or sampling service and the procedures of such facilities before making a certification determination; ``(C) agree to permit the Secretary to conduct routine audits of the facilities to ensure ongoing compliance with accreditation and certification requirements; ``(D) submit with such application a fee established by the Secretary in an amount sufficient to cover the cost of application review, including inspection; and ``(E) agree to submit to the Secretary, in accordance with the process established, the results of tests conducted by such food safety laboratory or sampling service on behalf of an importer. ``(c) Submission of Test Results.--The Secretary shall establish a process by which a food safety laboratory or sampling service certified under this section shall submit to the Secretary the results of all tests conducted by such food safety laboratory or sampling service on behalf of an importer. ``(d) Certification of Importers for Testing and Sampling Own Products.--An importer shall not be federally certified for the purposes of analyzing, testing, or sampling its own food products for import unless the Secretary establishes a process under this section by which an importer can become certified for such purposes.''. (b) Enforcement.--Section 303(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(f)) is amended-- (1) by redesignating paragraphs (5), (6), and (7) as paragraphs (7), (8), and (9), respectively; (2) by inserting after paragraph (4) the following: ``(5) An importer (as such term is used in section 418) shall be subject to a civil penalty in an amount not to exceed $1,000,000 if such importer knowingly engages in the falsification of test results submitted to the Secretary by a food safety laboratory or sampling service certified under section 418. ``(6) A food safety laboratory or sampling service certified under section 418 shall be subject to a civil penalty in an amount not to exceed $1,000,000 for knowingly submitting to the Secretary false test results under section 418.''. (3) in paragraph (2)(C), by striking ``paragraph (5)(A)'' and inserting ``paragraph (7)(A)''; (4) in paragraph (7), as so redesignated, by striking ``paragraph (1), (2), (3), or (4)'' each place it appears and inserting ``paragraph (1), (2), (3), (4), (5), or (6)''; (5) in paragraph (8), as so redesignated, by striking ``paragraph (5)(A)'' and inserting ``paragraph (7)(A)''; and (6) in paragraph (9), by striking ``paragraph (6)'' each place it appears and inserting ``paragraph (8)''. SEC. 3. FOREIGN CERTIFICATION AND EQUIVALENCY. (a) Amendment.--Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end the following: ``SEC. 805. CERTIFICATION OF FOOD IMPORTERS. ``(a) In General.--Not later than 2 years after the date of enactment of this section, the Secretary shall establish a certification program in accordance with this section to ensure that food imported into the United States meets the food safety standards applied to food produced in the United States. ``(b) Certification Standard.--A foreign facility or foreign country requesting a certification to import food to the United States shall demonstrate, in a manner determined appropriate by the Secretary, that food produced under the supervision of the foreign facility or foreign country has met standards for food safety, inspection, labeling, and consumer protection that are at least equivalent to standards applicable to food produced in the United States. In determining whether standards are so equivalent, the Secretary shall consider-- ``(1) the potential for health, sanitary, environmental, or other conditions within the foreign country involved to adversely affect the safety of food products exported from such nation; and ``(2) how well the food safety programs of the foreign country function to minimize any adverse effects on such safety. ``(c) Requirement of Certification for Importing.-- ``(1) In general.--Except as provided in paragraph (2), no food shall be permitted entry into the United States from a foreign facility in a foreign country unless there is-- ``(A) a certification for such facility in effect under subsection (d)(1); or ``(B) a certification for such country in effect under subsection (d)(2). ``(2) Equivalency determination by secretary.-- Notwithstanding paragraph (1), the Secretary shall have authority, to determine that the certification process under subsection (d) is not needed for the Secretary's understanding of the facility's or country's standards for food safety, inspection, labeling, and consumer protection for food imported to the United States to be at least equivalent to standards applicable to food produced in the United States. ``(d) Certification.-- ``(1) Foreign facility.--Each foreign facility seeking to import food into the United States may obtain a certification by the Secretary stating that the facility maintains a program using reliable analytical methods to ensure compliance with all the food safety standards described in subsection (a) to import such food. ``(2) Foreign country.--A foreign country may obtain a certification by the Secretary stating that-- ``(A) the country has in effect and is enforcing food safety standards at least as protective of food safety as the standards applicable to food in the United States; and ``(B) the country has a program in effect to monitor and enforce its food safety standards with respect to food being exported from such country to the United States, ensuring that the food products intended for export to the United States are safe for human consumption, and not adulterated or misbranded. ``(e) Agreements With Foreign Nations.--Any certification of a foreign country under subsection (d)(2) shall-- ``(1) require the foreign country to promptly notify the Secretary of any violations affecting the safety of food products exported or intended for export to the United States; ``(2) provide for such activities (whether in the foreign country or at the port of entry during importation) by the Secretary, including analysis, testing, and sampling, at such stages in the growth or harvest of food, or in the processing or handling of food products, as the Secretary considers appropriate to ensure that the foreign country has in effect and is enforcing food safety standards at least as protective of food safety as the standards applicable to food in the United States; and ``(3) provide for reciprocity with respect to the treatment of food imports and exports between the United States and the foreign country. ``(f) Documentation.--The Secretary shall provide to the Congress annual documentation demonstrating the Secretary's confidence in the standards of any foreign facility or country for which the Secretary has made a determination under paragraph (2) of subsection (c). ``(g) Revocation of Certification.--The Secretary may, with respect to a foreign facility or foreign country, revoke a certification under subsection (d) if-- ``(1) food from the foreign facility or foreign country is linked to an outbreak of human illness; ``(2) the Secretary determines that the foreign facility or foreign country is no longer meeting the requirements described in subsection (d); or ``(3) United States officials are not allowed to conduct such audits and investigations as may be necessary to carry out this section. ``(h) Duration of Certification.--Each certification under subsection (d) shall be for a period of not more than 5 years. ``(i) Inspection; Independent Audits.-- ``(1) Authorization.--In determining whether to issue a certification under subsection (d) or revoke a certification under subsection (g), the Secretary is authorized to-- ``(A) inspect foreign facilities to ensure compliance with the food safety standards described in subsection (a); and ``(B) consider independent audits, product test data, and other relevant information generated by the facility, importer, or foreign country involved. ``(2) Renewal of certification.--The Secretary shall audit foreign countries and foreign facilities at least every 5 years to ensure the continued compliance with the standards set forth in this section. ``(j) Enforcement.--The Secretary is authorized to-- ``(1) deny importation of food from any foreign country that does not permit United States officials to enter the foreign country to conduct such audits and inspections as may be necessary to fulfill the requirements of this section; ``(2) deny importation of food from any foreign country or foreign facility that does not consent to an investigation by the Secretary when food from that foreign country or foreign facility is linked to a food-borne illness outbreak or is otherwise found to be adulterated or mislabeled; and ``(3) promulgate rules and regulations to carry out the purposes of this section, including setting terms and conditions for the destruction of products that fail to meet the standards of this Act. ``(k) Foreign Facility.--In this section, the term `foreign facility' means a foreign facility (as defined in section 415(b)(3)) that is required to be registered under section 415.''. (b) Transitional Program.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations to establish a transitional food safety import review program, with minimal disruption to commerce, that shall be in effect until the date of implementation of the food import certification program under section 805 of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a) of this section. SEC. 4. INFORMATION CLEARINGHOUSES. Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.), as amended by section 2 of this Act, is amended by adding at the end the following: ``SEC. 419. INFORMATION CLEARINGHOUSES. ``(a) Website on Food Safety Issues.-- ``(1) In general.--The Secretary, in consultation with the Secretary of Agriculture, shall develop and maintain a Website with public information that-- ``(A) provides information on Federal food standards and best practice requirements for food preparation; ``(B) assists health professionals to improve their ability-- ``(i) to diagnose and treat food-related illness; and ``(ii) to advise individuals whose health conditions place them at particular risk; and ``(C) promotes the public awareness of food safety issues. ``(2) Resources.--The Secretary shall utilize the resources of the Food and Drug Administration and the Centers for Disease Control and Prevention to carry out this subsection. ``(b) Website on School Curricula Regarding Food Safety.--The Secretary, in consultation with the Secretary of Education, shall develop and maintain a Website to provide the public with appropriate information on developing school curriculum regarding food safety issues.''. SEC. 5. WHISTLEBLOWER PROTECTION. Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.), as amended by sections 2 and 4 of this Act, is amended by adding at the end the following: ``SEC. 420. WHISTLEBLOWER PROTECTION. ``(a) Prohibition.--No employee or other person may be harassed, prosecuted, held liable, or discriminated against in any way because that person-- ``(1) has commenced, caused to be commenced, or is about to commence a proceeding, testified or is about to testify at a proceeding, or assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other action to carry out the purposes, functions, or responsibilities of this Act; or ``(2) is refusing to violate or assist in violation of this Act. ``(b) Procedures.--The process and procedures with respect to prohibited discrimination under subsection (a) shall be governed by the applicable provisions of section 31105 of title 49, United States Code, unless the party bringing an action under this subsection chooses alternative dispute resolution procedures such as mediation or arbitration. ``(c) Burdens of Proof.--The legal burdens of proof with respect to prohibited discrimination under subsection (a) shall be governed by the applicable provisions of sections 1214 and 1221 of title 5, United States Code.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act and the amendments made by this Act such sums as may be necessary for each of fiscal years 2009 through 2013.

Keeping America's Food Safe Act of 2008 - Amends the Federal Food, Drug, and Cosmetic Act to require: (1) certification of any food safety laboratory or a sampling service that is analyzing, testing, or collecting samples of imported food; and (2) such laboratories or services to submit to the Secretary of Health and Human Services the results of all tests conducted on behalf of an importer. Sets forth civil penalties for: (1) an importer that knowingly engages in the falsification of test results submitted to the Secretary; and (2) a laboratory or service that knowingly submits false test results to the Secretary. Requires the Secretary to establish a certification program to ensure that imported food meets the food safety standards applied to food produced in the United States. Prohibits food from being permitted entry into the United States from a foreign facility in a foreign country unless there are certifications from the facility and country. Sets forth certification requirements for foreign countries. Requires the Secretary to develop and maintain a website that: (1) provides information on federal food standards and best practice requirements for food preparation; (2) assists health professionals to improve their ability to diagnose and treat food-related illness and advise individuals whose health conditions place them at particular risk; and (3) promotes public awareness of food safety issues. Directs the Secretary to develop and maintain a website to provide the public with appropriate information on developing school curricula regarding food safety issues. Establishes whistle-blower's protections.

To amend the Federal Food, Drug, and Cosmetic Act to improve food safety.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine in the Courtroom Act of 2012''. SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS. (a) Definitions.--In this section: (1) Presiding judge.--The term ``presiding judge'' means the judge presiding over the court proceeding concerned. In proceedings in which more than 1 judge participates, the presiding judge shall be the senior active judge so participating or, in the case of a circuit court of appeals, the senior active circuit judge so participating, except that-- (A) in en banc sittings of any United States circuit court of appeals, the presiding judge shall be the chief judge of the circuit whenever the chief judge participates; and (B) in en banc sittings of the Supreme Court of the United States, the presiding judge shall be the Chief Justice whenever the Chief Justice participates. (2) Appellate court of the united states.--The term ``appellate court of the United States'' means any United States circuit court of appeals and the Supreme Court of the United States. (b) Authority of Presiding Judge To Allow Media Coverage of Court Proceedings.-- (1) Authority of appellate courts.-- (A) In general.--Except as provided under subparagraph (B), the presiding judge of an appellate court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (B) Exception.--The presiding judge shall not permit any action under subparagraph (A), if-- (i) in the case of a proceeding involving only the presiding judge, that judge determines the action would constitute a violation of the due process rights of any party; or (ii) in the case of a proceeding involving the participation of more than 1 judge, a majority of the judges participating determine that the action would constitute a violation of the due process rights of any party. (2) Authority of district courts.-- (A) In general.-- (i) Authority.--Notwithstanding any other provision of law, except as provided under clause (iii), the presiding judge of a district court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (ii) Obscuring of witnesses.--Except as provided under clause (iii)-- (I) upon the request of any witness (other than a party) in a trial proceeding, the court shall order the face and voice of the witness to be disguised or otherwise obscured in such manner as to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (II) the presiding judge in a trial proceeding shall inform each witness who is not a party that the witness has the right to request the image and voice of that witness to be obscured during the witness's testimony. (iii) Exception.--The presiding judge shall not permit any action under this subparagraph if that judge determines the action would constitute a violation of the due process rights of any party. (B) No media coverage of jurors.--The presiding judge shall not permit the photographing, electronic recording, broadcasting, or televising of any juror in a trial proceeding, or of the jury selection process. (3) Interlocutory appeals barred.--The decision of the presiding judge under this subsection of whether or not to permit, deny, or terminate the photographing, electronic recording, broadcasting, or televising of a court proceeding may not be challenged through an interlocutory appeal. (4) Guidelines.--The Judicial Conference of the United States may promulgate guidelines with respect to the management and administration of photographing, recording, broadcasting, or televising described under paragraphs (1) and (2). (5) Sunset of district court authority.--The authority under paragraph (2) shall terminate 2 years after the date of the enactment of this Act. (6) Procedures.--In the interests of justice and fairness, the presiding judge of the court in which media use is desired has discretion to promulgate rules and disciplinary measures for the courtroom use of any form of media or media equipment and the acquisition or distribution of any of the images or sounds obtained in the courtroom. The presiding judge shall also have discretion to require written acknowledgment of the rules by anyone individually or on behalf of any entity before being allowed to acquire any images or sounds from the courtroom.

Sunshine in the Courtroom Act of 2012 - Authorizes the presiding judge of a U.S. appellate court (including the Supreme Court) or U.S. district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides, except when such action would constitute a violation of the due process rights of any party. Directs: (1) a district court, upon the request of any witness in a trial proceeding other than a party, to order the face and voice of the witness to be disguised or otherwise obscured to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (2) the presiding judge in a trial proceeding to inform each witness who is not a party of the right to make such request. Authorizes the Judicial Conference to promulgate mandatory guidelines with respect to the management and administration of photographing, recording, broadcasting, or televising described in this Act. Terminates a district court's authority under this Act two years after enactment of this Act.

To provide for media coverage of Federal court proceedings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Utah Open OHV Areas Act''. SEC. 2. DEFINITIONS. In this Act: (1) County.--The term ``County'' means Washington County, Utah. (2) Federal land.--The term ``Federal land'' means land owned and managed by the Bureau of Land Management in the County that is identified on the map as ``Federal Lands Proposed to Transfer to SITLA''. (3) Map.--The term ``map'' means the map prepared by the State of Utah School and Institutional Trust Lands Administration entitled ``Sand Mountain Exchange Washington County, Utah'' and dated June 19, 2015. (4) Non-federal land.--The term ``non-Federal land'' means the State land identified on the map as ``SITLA Lands Proposed to Transfer to Federal''. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Utah. SEC. 3. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND. (a) In General.--If the State offers to convey to the United States title to the non-Federal land, the Secretary shall-- (1) accept the offer; and (2) on receipt of all right, title, and interest in and to the non-Federal land, convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Valid Existing Rights.--The exchange authorized under subsection (a) shall be subject to valid existing rights. (c) Title Approval.--Title to the Federal land and non-Federal land to be exchanged under this section shall be in a format acceptable to the Secretary and the State. (d) Appraisals.-- (1) In general.--The value of the Federal land and the non- Federal land to be exchanged under this section shall be determined by appraisals conducted by 1 or more independent appraisers retained by the State, with the consent of the Secretary. (2) Applicable law.--The appraisals under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions. (3) Approval.--The appraisals conducted under paragraph (1) shall be submitted to the Secretary and the State for approval. (4) Reimbursement of state costs.--The Secretary shall reimburse the State in an amount equal to 50 percent of the costs incurred by the State in retaining independent appraisers under paragraph (1). (e) Equal Value Exchange.-- (1) In general.--The value of the Federal land and non- Federal land to be exchanged under this section-- (A) shall be equal; or (B) shall be made equal in accordance with paragraph (2). (2) Equalization.-- (A) Surplus of federal land.--If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the State-- (i) by reducing the acreage of the Federal land to be conveyed; (ii) by adding additional State land to the non-Federal land to be conveyed; or (iii) by the State making a cash payment to the United States. (B) Surplus of non-federal land.--If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the State-- (i) by reducing the acreage of the non- Federal land to be conveyed; or (ii) by the United States making a cash payment to the State. (f) Use of Non-Federal Land.--On the conveyance of the non-Federal land to the Secretary under this section, the non-Federal land shall be used only-- (1) as an open riding area for the use of off-highway vehicles; or (2) for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.). SEC. 4. CONVEYANCE OF LAND TO WASHINGTON COUNTY, UTAH. (a) In General.--As soon as practicable after notification by the County and subject to valid existing rights, the Secretary shall convey to the County, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of Land.--The land referred to in subsection (a) consists of the land managed by the Bureau of Land Management that is generally depicted on the map as ``Hurricane Sand Dunes (NRA)''. (c) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the land to be conveyed to the County under this section. (2) Minor errors.--The Secretary may correct any minor error in-- (A) the map; or (B) the legal description. (3) Availability.--The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of Conveyed Land.--The land conveyed under this section shall be used only-- (1) as an open riding area for the use of off-highway vehicles; or (2) for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et seq.). (e) Administrative Costs.--The Secretary shall require the County to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Conditions.--As a condition of the conveyance under subsection (a), the County shall agree-- (1) to pay any administrative costs associated with the conveyance including the costs of any environmental, wildlife, cultural, or historical resources studies; (2) to release and indemnify the United States from any claims or liabilities that may arise from uses carried out on the land described in subsection (b) on or before the date of enactment of this Act by the United States or any person; and (3) to accept such reasonable terms and conditions as the Secretary determines necessary. (g) Reversion.--If the land conveyed under this section ceases to be used for a public purpose in accordance with subsection (d), the land shall, at the discretion of the Secretary, revert to the United States.

Southern Utah Open OHV Areas Act This bill directs the Department of the Interior to convey specified land owned and managed by the Bureau of Land Management (BLM) in Washington County, Utah, to the state of Utah in exchange for specified state lands. Upon the conveyance of the nonfederal land to Interior, such land shall be used only: (1) as an open riding area for the use of off-highway vehicles; or (2) for any other public purpose consistent with uses allowed under the Recreation and Public Purposes Act. Interior shall convey, without consideration, specified Open OHV Areas managed by the BLM to Washington County. Interior shall convey to the county, without consideration, all right, title, and interest of the United States in and to the (Open OHV Areas) land managed by the BLM and identified as Hurricane Sand Dunes (NRA). Such conveyed land shall be used only as: (1) an open riding area for the use of off-highway vehicles, or (2) for any other public purpose consistent with uses allowed under the Recreation and Public Purposes Act.

Southern Utah Open OHV Areas Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Labor Recruiter Accountability Act of 2003''. SEC. 2. PROTECTIONS FOR WORKERS RECRUITED ABROAD. (a) Basic Requirements.--(1) Each employer and foreign labor contractor who engages in foreign labor contracting activity shall ascertain and disclose to each such worker who is recruited for employment the following information at the time of the worker's recruitment: (A) The place of employment. (B) The compensation for the employment. (C) A description of employment activities. (D) The period of employment. (E) The transportation, housing, and any other employee benefit to be provided and any costs to be charged for each benefit. (F) The existence of any labor organizing effort, strike, lockout, or other labor dispute at the place of employment. (G) The existence of any arrangements with any owner or agent of any establishment in the area of employment under which the contractor or employer is to receive a commission or any other benefit resulting from any sales (including the provision of services) by such establishment to the workers. (H) Whether and the extent to which workers will be compensated through workers' compensation, private insurance, or otherwise for injuries or death, including work related injuries and death, during the period of employment and, if so, the name of the State workers' compensation insurance carrier or the name of the policyholder of the private insurance, the name and the telephone number of each person who must be notified of an injury or death, and the time period within which such notice must be given. (I) Any education or training to be provided or made available, including the nature and cost of such training, who will pay such costs, and whether the training is a condition of employment, continued employment, or future employment. (J) A statement, approved by the Secretary of Labor, describing the protections of this Act for workers recruited abroad. (2) No foreign labor contractor or employer shall knowingly provide false or misleading information to any worker concerning any matter required to be disclosed in paragraph (1). (3) The information required to be disclosed by paragraph (1) to workers shall be provided in written form. Such information shall be provided in English or, as necessary and reasonable, in the language of the worker being recruited. The Department of Labor shall make forms available in English, Spanish, and other languages, as necessary, which may be used in providing workers with information required under this section. (4) No fees may be charged to a worker for recruitment. (5) No employer or foreign labor contractor shall, without justification, violate the terms of any working arrangement made by that contractor or employer. (6) The employer shall pay the transportation costs, including subsistence costs during the period of travel, for the worker from the place of recruitment to the place of employment and from the place of employment to such worker's place of permanent residence. (b) Other Worker Protections.--(1) Each employer shall notify the Secretary of the identity of any foreign labor contractor involved in any foreign labor contractor activity for or on behalf of the employer. The employer shall be subject to the civil remedies of this Act for violations committed by such foreign labor contractor to the same extent as if the employer had committed the violation. The employer shall notify the Secretary of the identity of such a foreign labor contractor whose activities do not comply with this Act. (2) The Secretary shall maintain a list of all foreign labor contractors whom the Secretary knows or believes have been involved in violations of this Act, and make that list publicly available. The Secretary shall provide a procedure by which an employer, a foreign labor contractor, or someone acting on behalf of such contractor may seek to have a foreign labor contractor's name removed from such list by demonstrating to the Secretary's satisfaction that the foreign labor contractor has not violated this Act in the previous five years. (3) No foreign labor contractor shall violate, without justification, the terms of any written agreements made with an employer pertaining to any contracting activity or worker protection under this Act. (c) Discrimination Prohibited.--No person shall intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any worker because such worker has, with just cause, filed any complaint or instituted, or caused to be instituted, any proceeding under or related to this Act, or has testified or is about to testify in any such proceedings, or because of the exercise, with just cause, by such worker on behalf of himself or others of any right or protection afforded by this Act. SEC. 3. ENFORCEMENT PROVISIONS. (a) Criminal Sanctions.--Whoever knowingly violates this Act shall be fined under title 18, United States Code, or imprisoned not more than one year, or both. Upon conviction, after a first conviction under this section, for a second or subsequent violation of this Act, the defendant shall be fined under title 18, United States Code, or imprisoned not more than three years, or both. (b) Administrative Sanctions.--(1)(A) Subject to subparagraph (B), the Secretary may assess a civil money penalty of not more than $5,000 on any person who violates this Act. (B) In determining the amount of any penalty to be assessed under subparagraph (A), the Secretary shall take into account (i) the previous record of the person in terms of compliance with this Act and with comparable requirements of the Fair Labor Standards Act of 1938, and with regulations promulgated under such Acts, and (ii) the gravity of the violation. (2) Any employer who uses the services of a foreign labor contractor who is on the list maintained by the Secretary pursuant to section 2(b)(2), shall, if the actions of such foreign labor contractor have contributed to a violation of this Act by the employer, be fined $10,000 per violation in addition to any other fines or penalties for which the employer may be liable for the violation. (c) Actions by Secretary.--The Secretary may take such actions, including seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with terms and conditions of employment under this Act and with this Act. (d) Waiver of Rights.--Agreements by employees purporting to waive or to modify their rights under this Act shall be void as contrary to public policy. (e) Representation in Court.--Except as provided in section 518(a) of title 28, United States Code, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this Act, but all such litigation shall be subject to the direction and control of the Attorney General. SEC. 4. PROCEDURES IN ADDITION TO OTHER RIGHTS OF EMPLOYEES. The rights and remedies provided to workers by this Act are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of the workers, and are not intended to alter or affect such rights and remedies. SEC. 5. AUTHORITY TO PRESCRIBE REGULATIONS. The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this Act. SEC. 6. DEFINITIONS. (a) In General.--Except as otherwise provided by this Act, for purposes of this Act the terms used in this Act shall have the same meanings, respectively, as are given those terms in section 3 of the Fair Labor Standards Act of 1938. (b) Other Definitions.--As used in this Act: (1) The term ``United States'' means any within any State. (2) The term ``State'' means any State of the United States and includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands of the United States. (3) The term ``foreign labor contractor'' means any person who for any money or other valuable consideration paid or promised to be paid, performs any foreign labor contracting activity. (4) The term ``foreign labor contracting activity'' means recruiting, soliciting, hiring, employing, or furnishing, an individual who resides outside of the United States to be employed in the United States. (5) The term ``Secretary'' means the Secretary of Labor. (6) The term ``worker'' means an individual who is the subject of foreign labor contracting activity.

Labor Recruiter Accountability Act of 2003 - Requires foreign labor contractors (recruiters) and employers to accurately inform foreign workers of specified terms and conditions of their employment at the time they are recruited. Requires such information to be provided in written form in English or, as necessary and reasonable, in the language of the worker being recruited. Prohibits charging fees to workers for recruitment. Requires employers to pay such a worker's transportation costs, including subsistence costs during the period of travel: (1) from the place of recruitment to the place of employment; and (2) from the place of employment to the worker's place of permanent residence. Requires employers to notify the Secretary of Labor of the identity of: (1) any recruiter involved in any foreign labor contractor activity for or on behalf of the employer; and (2) any such recruiter whose activities do not comply with this Act. Subjects employers to the civil remedies of this Act for violations committed by such recruiters to the same extent as if the employers had committed the violations. Directs the Secretary to: (1) maintain a public list of recruiters whom the Secretary knows or believes have been involved in violations of this Act; and (2) provide a procedure for removal of a recruiter's name from the list upon demonstration that such recruiter has not been in violation in the previous five years. Provides for criminal fines and imprisonment for knowing violations. Authorizes the Secretary to: (1) assess civil fines; and (2) seek injunctive relief and specific performance of contractual obligations to assure employer compliance. Provides that rights and remedies under this Act are in addition to any other contractual or statutory rights and remedies of workers who are subject to foreign labor contracting activity.

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

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 Amendments.-- (1) Section 3319(c)(2) of title 5, United States Code, is amended by striking ``3318(b)'' and inserting ``3318(c)''. (2) 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.

Competitive Service Act of 2015 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 the certificate of eligibles for filling a position in the competitive service, 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. Sets forth requirements relating to the sharing of certificates, notice, and selection of job applicants.

Competitive Service Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fifth Amendment Integrity Restoration Act of 2015'' or the ``FAIR Act''. SEC. 2. CIVIL FORFEITURE PROCEEDINGS. Section 983 of title 18, United States Code, is amended-- (1) in subsection (b)(2)(A)-- (A) by striking ``, and the property subject to forfeiture is real property that is being used by the person as a primary residence,''; and (B) by striking ``, at the request of the person, shall insure'' and insert ``shall ensure''; (2) in subsection (c)-- (A) in paragraph (1), by striking ``a preponderance of the evidence'' and inserting ``clear and convincing evidence''; (B) in paragraph (2), by striking ``a preponderance of the evidence'' and inserting ``clear and convincing evidence''; and (C) by striking paragraph (3) and inserting the following: ``(3) if the Government's theory of forfeiture is that the property was used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish, by clear and convincing evidence, that-- ``(A) there was a substantial connection between the property and the offense; and ``(B) the owner of any interest in the seized property-- ``(i) used the property with intent to facilitate the offense; or ``(ii) knowingly consented or was willfully blind to the use of the property by another in connection with the offense.''; and (3) in subsection (d)(2)(A), by striking ``an owner who'' and all that follows through ``upon learning'' and inserting ``an owner who, upon learning''. SEC. 3. DISPOSITION OF FORFEITED PROPERTY. (a) Revisions to Controlled Substances Act.--Section 511(e) of the Controlled Substances Act (21 U.S.C. 881(e)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``civilly or''; (B) by striking subparagraph (A); and (C) by redesignating subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively; (2) in paragraph (2)-- (A) in subparagraph (A), in the matter preceding clause (i), by striking ``subparagraph (B) of paragraph (1)'' and inserting ``paragraph (1)(A)''; and (B) in subparagraph (B), by striking ``accordance with section 524(c) of title 28,'' and inserting ``the General Fund of the Treasury of the United States''; (3) by striking paragraph (3); (4) by redesignating paragraph (4) as paragraph (3); and (5) in paragraph (3), as redesignated-- (A) in subparagraph (A), by striking ``paragraph (1)(B)'' and inserting ``paragraph (1)(A)''; and (B) in subparagraph (B), in the matter preceding clause (i), by striking ``paragraph (1)(B) that is civilly or'' and inserting paragraph ``(1)(A) that is''. (b) Revisions to Title 18.--Chapter 46 of title 18, United States Code, is amended-- (1) in section 981(e)-- (A) by striking ``is authorized'' and all that follows through ``or forfeiture of the property;'' and inserting ``shall forward to the Treasurer of the United States any proceeds of property forfeited pursuant to this section for deposit in the General Fund of the Treasury or transfer such property on such terms and conditions as such officer may determine--''; (B) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (1), (2), (3), (4), and (5), respectively; and (C) in the matter following paragraph (5), as so redesignated-- (i) by striking the first, second, third, sixth, and eighth sentences; and (ii) by striking ``paragraphs (3), (4), and (5)'' and inserting ``paragraphs (1), (2), and (3)''; and (2) in section 983(g)-- (A) in paragraph (3), by striking ``grossly''; and (B) in paragraph (4), by striking ``grossly''. (c) Tariff Act of 1930.--The Tariff Act of 1930 (19 U.S.C. 1304 et seq.) is amended-- (1) in section 613A(a) (19 U.S.C. 1613b(a))-- (A) in paragraph (1)-- (i) in subparagraph (D), by inserting ``and'' after the semicolon; (ii) in subparagraph (E), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (F); and (B) in paragraph (2)-- (i) by striking ``(A) Any payment'' and inserting ``Any payment''; and (ii) by striking subparagraph (B); and (2) in section 616 (19 U.S.C. 1616a)-- (A) in the section heading, by striking ``transfer of forfeited property'' and inserting ``dismissal in favor of forfeiture under state law''; (B) in subsection (a), by striking ``(a) The Secretary'' and inserting ``The Secretary''; and (C) by striking subsections (b) through (d). (d) Title 31.--Section 9703 of title 31, United States Code, is amended-- (1) in subsection (a)(1)-- (A) by striking subparagraph (G); and (B) by redesignating subparagraphs (H) through (J) as subparagraphs (G) through (I), respectively; and (2) in subsection (b)-- (A) by striking paragraphs (2) and (4); and (B) by redesignating paragraphs (3) and (5) as paragraphs (2) and (3), respectively. SEC. 4. DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND DEPOSITS. Section 524(c)(4) of title 28, United States Code, is amended-- (1) by striking subparagraphs (A) and (B); and (2) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively. SEC. 5. STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENT PROHIBITED. (a) Amendments to Title 31.--Section 5324 of title 31, United States Code, is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting ``knowingly'' after ``Public Law 91-508''; and (B) in paragraph (3), by inserting ``of funds not derived from a legitimate source'' after ``any transaction''; (2) in subsection (b), in the matter preceding paragraph (1), by inserting ``knowingly'' after ``such section''; and (3) in subsection (c), in the matter preceding paragraph (1), by inserting ``knowingly'' after ``section 5316''. (b) Probable Cause Hearing in Connection With Property Seizures Relating to Certain Monetary Instruments Transactions.-- (1) Amendment.--Section 5317 of title 31, United States Code, is amended by adding at the end the following: ``(d) Probable Cause Hearing in Connection With Property Seizures Relating to Certain Monetary Instruments Transactions.-- ``(1) In general.--Not later than 14 days after the date on which notice is provided under paragraph (2)-- ``(A) a court of competent jurisdiction shall conduct a hearing on any property seized or restrained under subsection (c)(2) with respect to an alleged violation of section 5324; and ``(B) any property described in subparagraph (A) shall be returned unless the court finds that there is probable cause to believe that there is a violation of section 5324 involving the property. ``(2) Notice.--Each person from whom property is seized or restrained under subsection (c)(2) with respect to an alleged violation of section 5324 shall be notified of the right of the person to a hearing under paragraph (1).''. (2) Applicability.--The amendment made by paragraph (1) shall apply to property seized or restrained after the date of enactment of this Act. SEC. 6. PROPORTIONALITY. Section 983(g)(2) of title 18, United States Code, is amended to read as follows: ``(2) In making this determination, the court shall consider such factors as-- ``(A) the seriousness of the offense; ``(B) the extent of the nexus of the property to the offense; ``(C) the range of sentences available for the offense giving rise to forfeiture; ``(D) the fair market value of the property; and ``(E) the hardship to the property owner and dependents.''. SEC. 7. REPORTING REQUIREMENTS. Section 524(c)(6)(i) of title 28, United States Code, is amended by inserting ``from each type of forfeiture, and specifically identifying which funds were obtained from including criminal forfeitures and which were obtained from civil forfeitures,'' after ``deposits''. SEC. 8. APPLICABILITY. The amendments made by this Act shall apply to-- (1) any civil forfeiture proceeding pending on or filed on or after the date of enactment of this Act; and (2) any amounts received from the forfeiture of property on or after the date of enactment of this Act.

Fifth Amendment Integrity Restoration Act of 2015 or the FAIR Act This bill modifies general rules governing civil forfeiture proceedings to: (1) ensure that a person contesting a civil forfeiture has legal representation without regard to whether the property subject to forfeiture is being used by such person as a primary residence; (2) increase the federal government's burden of proof in civil forfeiture proceedings to clear and convincing evidence; (3) require the government, in addition to showing a substantial connection between the seized property and an offense, to establish by clear and convincing evidence that the owner of any interest in the seized property used the property with intent to facilitate the offense or knowingly consented or was willfully blind to the use of the property by another in connection with the offense; and (4) expand the proportionality criteria used by a court to determine whether a civil forfeiture was constitutionally excessive. To remove incentives for carrying out civil forfeitures, the bill requires proceeds from the disposition of seized property to be deposited into the General Fund of the Treasury, rather than to Department of Justice accounts for law enforcement activities. The bill adds a scienter requirement (i.e., a knowing violation) to the prohibition against structuring financial transactions to evade reporting requirements. The bill requires: (1) a court to conduct a probable cause hearing to determine if there is a violation of the prohibition against structuring transactions to evade reporting requirements involving a monetary instrument and to return such instrument if probable cause is not established, and (2) the Attorney General to specify in reports to Congress and the public on forfeitures the amounts received from criminal and civil forfeitures.

FAIR Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfield Cleanup and Redevelopment Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Hundreds of thousands of obsolete industrial sites nationwide are polluted with medium to low amounts of environmental contamination. (2) Reusing these sites requires cleanup of the contamination, adding costs and uncertainties to the redevelopment process. (3) Left unused, these contaminated sites mean loss of tax revenues and job opportunities for the community and pose potential risks to nearby residents or people who venture onto the site. (4) State efforts to encourage voluntary cleanup and redevelopment of such sites are hindered by Federal requirements for environmental permits to conduct the cleanups and by the lack of Federal certification of such State efforts. (b) Purpose.--The purpose of this Act is to encourage cleanup and redevelopment of contaminated industrial facilities (known as ``brownfields'') as economically viable alternatives to previously undeveloped ``greenfield'' sites. SEC. 3. CERTIFICATION OF STATE VOLUNTARY CLEANUP PROGRAMS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency (hereinafter in this Act referred to as the ``Administrator'') shall establish certification criteria for State voluntary cleanup programs at eligible facilities. If a State meets the criteria for certification, the Administrator shall certify the State to carry out the cleanup program in such State at eligible facilities in lieu of any Federal program that addresses the cleanup of such facilities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or the Solid Waste Disposal Act. (b) Biennial Audits and Revocation of State Certification.--The Administrator shall ensure that State programs continue to meet the terms of the certification issued pursuant to subsection (a) by conducting biennial audits of State voluntary cleanup programs. If the Administrator finds that the State is not administering the program in accordance with the terms of the certification, the Administrator shall notify the State of deficiencies and of the Administrator's intention to withdraw the State's certification if the deficiencies are not resolved within 6 months. Withdrawal of State certification shall not affect any cleanup completed and approved by the State as of the date of such withdrawal. (c) Specific Criteria.--The Administrator shall require that, in order for a State voluntary cleanup program to be certified under subsection (a), the program shall, at a minimum, contain each of the following provisions-- (1) The program shall provide that only eligible facilities, as described in subsection (d), may participate in the program. (2) The program shall provide adequate opportunities for public participation in the development and implementation of cleanup plans for eligible facilities. Public participation requirements shall include but not be limited to providing opportunity for affected parties to review and comment on cleanup documents and plans, and providing opportunity for public input to the remedy selection process. Affected parties shall include but not be limited to local work force representatives, adjacent community residents, and local environmental and other public interest organizations. (3) The program shall provide technical assistance throughout each voluntary cleanup. (4) The program shall provide adequate oversight and enforcement authority to ensure that the voluntary cleanups comply with Federal and State laws (except permit requirements as provided in subsection (e)). (5) provide for a certification from the State to the owner or prospective purchaser of an eligible facility that the cleanup is complete. (d) Eligible Facilities.--For purposes of this Act, the term ``eligible facility'' means a facility or property in a State that is determined by the State to have environmental contamination that-- (1) could prevent the timely use, development, or reuse of the facility or property; and (2) is limited in scope and can be comprehensively and readily evaluated. Such term shall not include any of the following: (A) A facility that is eligible for abatement action under section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. (B) A facility that, as of the date of the enactment of this Act, is subject to Federal enforcement action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (C) A facility included, or proposed for inclusion, on the National Priorities List or on the comprehensive environmental response, compensation, and liability inventory system (``CERCLIS'') that has been evaluated as high priority under the hazard ranking system. (D) A facility required to have a permit under section 3005 of the Solid Waste Disposal Act that does not have a permit under that section and does not qualify for authorization to operate in interim status under subsection (e) of that section. (E) A land disposal unit with respect to which a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is submitted and closure requirements are specified in a closure plan or permit. (F) A facility subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 5924(u) or 6928(h)) that is evaluated as high priority under the Environmental Protection Agency's National Corrective Action Priority System as set forth in regulations under subtitle C of the Solid Waste Disposal Act. (G) A facility at which assistance for response activities may be obtained pursuant to subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986. (H) A facility owned or operated by a department, agency, or instrumentality of the United States. (e) Relationship to Permit Requirements.--No Federal, State, or local permit shall be required for any cleanup conducted under a State voluntary cleanup program certified under this section, if the cleanup is carried out in compliance with the certified program.

Brownfield Cleanup and Redevelopment Act - Directs the Administrator of the Environmental Protection Agency to: (1) establish certification criteria for State voluntary cleanup programs at eligible facilities; and (2) certify qualified States to carry out cleanup programs at eligible facilities in lieu of any Federal program that addresses the cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or the Solid Waste Disposal Act. Defines "eligible facility" as a facility that is determined by a State to have environmental contamination that: (1) could prevent the timely use, development, or reuse; and (2) is limited in scope and can be readily evaluated. Requires the Administrator to ensure that State programs continue to meet the terms of certification by conducting biennial audits. Sets procedures for withdrawal of certification where deficiencies are not resolved. Directs the Administrator to require a State program, to be certified, to provide: (1) that only eligible facilities may paraticipate; (2) adequate opportunities for public participation in the development and implementation of cleanup plans; (3) technical assistance throughout each voluntary cleanup; (4) adequate oversight and enforcement authority to ensure that the voluntary cleanups comply with Federal and State laws; and (5) for State certification to the owner or prospective purchaser of an eligible facility that the cleanup is complete. Prohibits requiring a Federal, State, or local permit for any cleanup conducted under and in compliance with a certified State voluntary cleanup program.

Brownfield Cleanup and Redevelopment Act

SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``America Rx Act of 2005''. (b) Findings.--Congress finds the following: (1) Affordability is critical in providing access to prescription drugs for residents of the United States. (2) It is not the intention of the Congress to discourage employers and health insurers from providing coverage for prescription drugs, including discounts for the purchase of those drugs. (c) Purpose.--The purpose of this Act is to establish an America Rx program that utilizes manufacturer rebates and pharmacy discounts to reduce prescription drug prices to those residents who are without access to discounted prices for outpatient prescription drugs. SEC. 2. ESTABLISHMENT OF AMERICA RX PROGRAM. (a) Establishment.-- (1) In general.--The Secretary of Health and Human Services shall establish a program (in this section referred to as the ``America Rx program'') consistent with the provisions of this section to provide qualified residents with access to discounted prices for outpatient prescription drugs. (2) Principles.--The Secretary shall design and execute the America Rx program in a manner consistent with the following principles: (A) Medicaid beneficiaries and other low-income individuals, as well as senior citizens and the disabled, are not hurt or disadvantaged as a result of the program's implementation. (B) Pharmacies participating are ensured reasonable and timely payment of discounts they provide to qualified residents under the program. (C) The Federal Government will fully reimburse States for reasonable costs they incur in carrying out the program. (D) Individuals who apply for benefits under the program are screened for eligibility under the medicaid program and other applicable Governmental health care programs and, if found eligible, are enrolled in such program or programs. (E) The Secretary provides for-- (i) outreach efforts to build public awareness of the program and maximize enrollment of qualified residents; and (ii) simplified eligibility procedures and uniform eligibility standards for qualified residents. (3) Qualified resident defined.--For purposes of this section, the term ``qualified resident'' means an individual who-- (A) a citizen or national of the United States (or an alien lawful residing permanently in the United States); and (B) as determined under regulations of the Secretary, is not covered under any public or private program that provides substantial benefits (which may be discounted prices) towards the purchase of outpatient prescription drugs. (b) Rebate Agreements With Manufacturers.-- (1) In general.--Under the America Rx program the Secretary shall negotiate with manufacturers of outpatient prescription drugs rebate agreements with respect to drugs offered under the program to qualified residents. (2) Minimum amount of rebates.--In negotiating the amount of such a rebate under paragraph (1), the Secretary shall take into consideration the amount of the rebate calculated under the medicaid program, the average manufacturer price of prescription drugs, and other information on prescription drug prices and price discounts. The Secretary shall negotiate the amount of such rebates in a manner so that the rebates on average are comparable to the average percentage rebate obtained in outpatient prescription drugs provided under section 1927(c) of the Social Security Act (42 U.S.C. 1396r- 8(c)). (3) Payment.--Such rebates shall be payable to the Secretary according to a schedule (not less often than quarterly) negotiated with manufacturers and shall be paid, directly or through States, to participating pharmacies that provide discounts to qualified residents. (4) Incentive.--In order to induce manufacturers of outpatient prescription drugs to enter into such rebate agreements, the Secretary shall, in a manner consistent with the design principle specified in subsection (a)(2), provide, in the case of a manufacturer that has not entered into such an agreement, for a denial of a deduction under chapter 1 of the Internal Revenue Code of 1986 for the amount of expenses of the manufacturer for advertising and marketing of drugs of the manufacturer, other than expenses for free samples of drugs subject to section 503(b)(1) of the Federal Food Drug, and Cosmetic Act intended to be distributed to patients. (5) Application of rebates.--Amounts received by the Secretary as rebates under this subsection shall be placed into an appropriate account in the Treasury and shall be available in advance of appropriations to the Secretary for the payment of discounts and other costs of participating pharmacies in carrying out the America Rx program and for the payment of administrative costs in carrying out the program. (c) Arrangements With Participating Pharmacies.-- (1) In general.--Under the America Rx program arrangements are made with pharmacies for the provision of prescription drugs at discounted prices to qualified residents in a reasonably accessible manner. Such arrangements shall provide that-- (A) each participating pharmacy shall-- (i) provide discounts on prices for outpatient prescription drugs for qualified residents in return for prompt reimbursement of the amount of such discounts and a reasonable dispensing fee; (ii) not charge qualified residents more (before such discounts) for outpatient prescription drugs than the amount that individuals who are not qualified residents are charged for such drugs; and (iii) report to the Secretary (or the Secretary's designee) information regarding the discounts provided and fees incurred; and (B) the program shall-- (i) reimburse a participating retail pharmacy on a prompt basis (no less promptly than as provided under the medicare program) for discounted prices provided to qualified residents under the program and for reasonable dispensing fees; and (ii) not impose any additional fees on such pharmacies in connection with participation in the program. (2) Discounted prices.--The amount of the discount provided to enrolled qualifying residents shall reflect the amount of rebates obtained, reduced by expenses relating to administrative costs of the Federal and State governments and of participating pharmacies. The Secretary shall specify the method for computing and applying discounts, including a method for computing and applying discounts on a uniform, average percentage basis. (d) Administration.-- (1) In general.--Under the America Rx program the Secretary may enter into appropriate arrangements with States under which States provide for the administration of the program in return for payment of the reasonable administrative expenses associated with such administration. (2) Administrative functions.--Such administration functions may include-- (A) determinations of eligibility of qualified residents; (B) arrangements with participating pharmacies; and (C) such other functions as the Secretary determines appropriate. (3) Contractual authority.--In carrying out responsibilities under this section, the Secretary and States may enter into agreements with pharmacy benefit managers and other third parties. (e) Definitions.--For purposes of this section: (1) The term ``manufacturer'' has the meaning given such term in section 1927(k)(5) of the Social Security Act (42 U.S.C. 1396r-8(k)(5)). (2) The term ``medicaid program'' means a State program under title XIX of the Social Security Act, including such a program operating under a Statewide waiver under section 1115 of such Act. (3) The term ``outpatient prescription drug'' has the meaning given the term ``covered outpatient drug'' in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r- 8(k)(2)). (4) The term ``Secretary'' means the Secretary of Health and Human Services. (5) The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act.

America Rx Act of 2005 - Directs the Secretary of Health and Human Services to establish the America Rx program to provide U.S. residents who are not covered under any public or private program that provides substantial benefits towards the purchase of outpatient prescription drugs with access to discounted prices for such drugs. Requires the Secretary to negotiate rebate agreements with drug manufacturers and deny tax deductions for advertising and marketing of drugs of manufacturers choosing not to participate in the program. Provides for arrangements under the program: (1) for pharmacies to provide qualified residents prescription drugs at discounted prices in exchange for discount reimbursement by the Secretary and reasonable dispensing fees; and (2) for States to provide for program administration in return for payment of reasonable administrative expenses.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Speak Up to Protect Every Abused Kid Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) children are dependent on the adults in their lives, including parents, extended family, teachers, health care providers, and others in their community, to ensure their safety and well-being; (2) data from the Administration on Children and Families for 2013 indicate that 678,932 children in the United States were reported as being victims of child abuse or neglect, and 1,484 of those children died as a result of such abuse or neglect; (3) regardless of whether an adult is legally required to report child abuse and neglect, every adult who suspects or knows about child abuse or neglect has a moral duty to report such concerns to the appropriate authorities; and (4) establishing a Federal standard for the classes of individuals that State law establishes as mandated reporters will protect children and ensure greater consistency among the laws of States, while allowing States the flexibility to establish additional classes of individuals as mandated reporters. SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING. The Child Abuse Prevention and Treatment Act is amended by inserting after section 103 (42 U.S.C. 5104) the following: ``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING. ``(a) In General.--The Secretary shall make grants to eligible entities to carry out educational campaigns and provide evidence-based or evidence-informed training regarding State laws for mandatory reporting of incidents of child abuse or neglect. ``(b) Guidance and Information on Best Practices.--The Secretary shall develop and disseminate guidance and information on best practices for-- ``(1) educational campaigns to educate members of the public about-- ``(A) the acts and omissions that constitute child abuse or neglect under State law; ``(B) the responsibilities of adults to report suspected and known incidents of child abuse or neglect under State law; and ``(C) the resources available to struggling families to help prevent child abuse and neglect; and ``(2) evidence-based or evidence-informed training programs to improve such reporting by adults, with a focus on adults who work with children in a professional or volunteer capacity. ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In determining whether to make a grant under this section, the Secretary shall determine whether the educational campaign or training proposed by the entity uses practices described in the guidance and information developed under subsection (b). ``(d) Use of Funds.--An entity that receives a grant under this section shall use the funds made available through the grant to carry out an educational campaign, or provide training, described in subsection (b). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2017 and $10,000,000 for each of fiscal years 2018 through 2021.''. SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. Section 106(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (B), by striking ``(B) an assurance'' and all that follows through the end of clause (i), and inserting the following: ``(B) an assurance in the form of a certification by the Governor of the State that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes-- ``(i) provisions or procedures for an individual described in paragraph (5) to report suspected or known incidents of child abuse or neglect to a State child protective service agency or to a law enforcement agency, which shall include a State law for mandatory reporting of such incidents, to either type of agency, by any individual described in paragraph (5), in accordance with paragraph (6);''; (B) in subparagraph (F), by striking ``; and'' and inserting ``;''; (C) in subparagraph (G), by striking the period at the end and inserting ``;''; and (D) by inserting after subparagraph (G) the following: ``(H) an assurance that the State, in developing the State plan described in paragraph (1), has established procedures to ensure coordination between the State law or statewide program described in subparagraph (B) and relevant law enforcement and State or community-based victims' services agencies to ensure that children who are the victims of acts by a perpetrator other than a parent or caretaker that would be considered child abuse or neglect under section 3(2) if the perpetrator of such act were a parent or caretaker, are referred for appropriate follow-up services, even if such children do not qualify for the protections under such State law or statewide program; ``(I) an assurance that the State will-- ``(i) take primary responsibility to accept and investigate reports of known and suspected child abuse or neglect pertaining to an incident that occurred in that State, even if the child or the alleged perpetrator resides in a different State; ``(ii) in the case of a State that takes primary responsibility to investigate a report as described in clause (i), share the results of the investigation with the State where the child resides and with the State where the alleged perpetrator resides; and ``(iii) in the case of a State in which the child or alleged perpetrator resides, but where the alleged incident did not occur, establish a plan to assist the State with primary responsibility for the investigation; and ``(J) an assurance that the State has established procedures to screen for domestic violence in the course of investigating child abuse and that such procedures-- ``(i) were developed in consultation with the State Domestic Violence Coalition (as defined in section 302 of the Family Violence Prevention and Services Act (42 U.S.C. 10402)) or other entity eligible for funds under section 311 of the Family Violence Prevention and Services Act (42 U.S.C. 10411); and ``(ii) include training and practice requirements for investigators of child abuse where domestic violence is also present.''; and (2) by adding at the end the following: ``(5) Individuals required to report suspected or known child abuse or neglect.--To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require all of the following individuals to report suspected or known incidents of child abuse or neglect: ``(A) Individuals licensed or certified to practice in any health-related field licensed by the State, employees of health care facilities or providers licensed by the State, who are engaged in the admission, examination, care or treatment of individuals, including mental health and emergency medical services providers. ``(B) Individuals employed by a school who have direct contact with children, including teachers, administrators, and independent contractors. ``(C) Peace officers and law enforcement personnel. ``(D) Clergy, including Christian Science practitioners, except where prohibited on account of clergy-penitent privilege. ``(E) Day care and child care operators and employees. ``(F) Employees of social services agencies who have direct contact with children in the course of employment. ``(G) Foster parents. ``(H) Court appointed special advocates (employees and volunteers). ``(I) Camp and after-school employees. ``(J) An individual, paid or unpaid, who, on the basis of the individual's role as an integral part of a regularly scheduled program, activity, or service, accepts responsibility for a child. ``(K) Other individuals, as the applicable State law or statewide program may require. ``(6) Reporting requirement.--To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require such individuals to report suspected or known incidents of child abuse or neglect directly to the appropriate law enforcement or child welfare agency (as applicable under State law) and, if applicable, to the individual's supervisor or employer.''. SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING. (a) Eligibility.--Section 107(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106c(b)) is amended-- (1) in paragraph (4)-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by adding at the end the following: ``(C) support training for adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law; and''; and (2) in paragraph (5), by inserting before the period ``and the training described in paragraph (4)(C)''. (b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C. 5106c(d)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (2) the following: ``(3) evaluate the State's efforts to train adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law.''. (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 U.S.C. 5106c(e)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(D) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting of and response to suspected and known incidents of child abuse or neglect by adults to the State child protective service agencies or to law enforcement agencies.''. SEC. 6. GENERAL PROGRAM GRANTS. Section 108 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106d) is amended by adding at the end the following: ``(f) Mandatory Reporting.--To be eligible to receive any form of financial assistance under this title, a State shall include in the corresponding plan or application an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. 7. REPORTS. Section 110 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106f) is amended by adding at the end the following: ``(e) Study and Report on State Mandatory Reporting Laws.-- ``(1) Study.--Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act, the Secretary shall collect information on and otherwise study the efforts of States relating to State laws for mandatory reporting of incidents of child abuse or neglect, in order to assess the implementation of the amendments made by that Act. ``(2) Report.-- ``(A) In general.--Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act, the Secretary shall submit to the appropriate committees of Congress a report containing the findings of the study under paragraph (1). ``(B) Contents.--The report submitted under subparagraph (A) shall-- ``(i) provide an update on-- ``(I) implementation of State laws for mandatory reporting described in section 106(b)(2)(B)(i); and ``(II) State efforts to improve reporting on, and responding to reports of, child abuse or neglect; and ``(ii) include data regarding any changes in the rate of substantiated child abuse reports and changes in the rate of child abuse fatalities since the date of enactment of the Speak Up to Protect Every Abused Kid Act.''. SEC. 8. COMMUNITY-BASED GRANTS. Section 204 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116d) is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(13) an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. 9. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act. (b) Mandatory Reporting Requirements.--The amendments made by sections 4, 5(a), 6, and 8 shall apply to the applicable plans and applications submitted after the date that is 2 years after the date of enactment of this Act.

Speak Up to Protect Every Abused Kid Act This bill amends the Child Abuse Prevention and Treatment Act to direct the Department of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide evidence-based or evidence-informed training regarding state laws for mandatory reporting of incidents of child abuse or neglect. A state plan under a grant program for child abuse or neglect prevention and treatment shall contain specified assurances about: mandatory reporting of suspected or known incidents of child abuse or neglect to state child protective services agencies or law enforcement agencies; procedures to ensure coordination with law enforcement and state or community-based victims' services agencies to ensure that child abuse victims are referred for appropriate follow-up services; primary state responsibility to accept and investigate reports of known and suspected child abuse or neglect for an incident that occurred in the state, even if the child or alleged perpetrator resides in a different state; and established state procedures to screen for domestic violence in the course of investigating child abuse. The bill specifies those individuals and professionals who are required to report suspected or known incidents of child abuse or neglect. HHS shall collect information on state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of the Child Abuse Prevention and Treatment Act.

Speak Up to Protect Every Abused Kid Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Buy-Down Act''. SEC. 2. DESIGNATION OF AMOUNTS FOR REDUCTION OF PUBLIC DEBT. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: ``PART IX--DESIGNATION FOR REDUCTION OF PUBLIC DEBT ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--Every individual with adjusted income tax liability for any taxable year may designate that a portion of such liability (not to exceed 10 percent thereof) shall be used to reduce the public debt. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of tax imposed by chapter 1 for the taxable year. The designation shall be made on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Adjusted Income Tax Liability.--For purposes of this section, the term `adjusted income tax liability' means income tax liability (as defined in section 6096(b)) reduced by any amount designated under section 6096 (relating to designation of income tax payments to Presidential Election Campaign Fund).'' (b) Clerical Amendment.--The table of parts for such subchapter A is amended by adding at the end the following new item: ``Part IX. Designation for reduction of public debt.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. PUBLIC DEBT REDUCTION TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following section: ``SEC. 9511. PUBLIC DEBT REDUCTION TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Public Debt Reduction Trust Fund', consisting of any amount appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Public Debt Reduction Trust Fund amounts equivalent to the amounts designated under section 6097 (relating to designation for public debt reduction). ``(c) Expenditures.--Amounts in the Public Debt Reduction Trust Fund shall be used by the Secretary of the Treasury for purposes of paying at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation held by the Federal Old-Age and Survivors Insurance Trust Fund, the Civil Service Retirement and Disability Fund, or the Department of Defense Military Retirement Fund). Any obligation which is paid, redeemed, or bought with amounts from the Public Debt Reduction Trust Fund shall be canceled and retired and may not be reissued.'' (b) Clerical Amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 9511. Public Debt Reduction Trust Fund.'' (c) Effective Date.--The amendments made by this section shall apply to amounts received after the date of the enactment of this Act. SEC. 4. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL SPENDING TO REDUCE THE PUBLIC DEBT. (a) Sequestration To Reduce the Public Debt.--Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after section 253 the following new section: ``SEC. 253A. SEQUESTRATION TO REDUCE THE PUBLIC DEBT. ``(a) Sequestration.--Notwithstanding sections 255 and 256, within 15 days after Congress adjourns to end a session, and on the same day as sequestration (if any) under sections 251, 252, and 253, but after any sequestration required by those sections, there shall be a sequestration equivalent to the estimated aggregate amount designated under section 6097 of the Internal Revenue Code of 1986 for the last taxable year ending one year before the beginning of that session of Congress, as estimated by the Department of the Treasury on October 1 and as modified by the total of (1) any amounts by which net discretionary spending is reduced by legislation below the discretionary spending limits enacted after the enactment of this section related to the fiscal year subject to the sequestration (or, in the absence of such limits, any net deficit change from the baseline amount calculated under section 257 (except that such baseline for fiscal year 1999 and thereafter shall be based upon fiscal year 1998 enacted appropriations less any 1998 sequesters); and (2) the net deficit change that has resulted from all direct spending legislation enacted after the enactment of this section related to the fiscal year subject to the sequestration, as estimated by OMB. If the reduction in spending under clauses (1) and (2) for a fiscal year is greater than the estimated aggregate amount designated under section 6097 of the Internal Revenue Code of 1986 respecting that fiscal year, then there shall be no sequestration under this section. ``(b) Applicability.-- ``(1) In general.--Except as provided by paragraph (2), each account of the United States shall be reduced by a dollar amount calculated by multiplying the level of budgetary resources in that account at that time by the uniform percentage necessary to carry out subsection (a). All obligational authority reduced under this section shall be done in a manner that makes such reductions permanent. ``(2) Exempt accounts.--No order issued under this part may-- ``(A) reduce benefits payable to the old-age and survivors insurance program established under title II of the Social Security Act; ``(B) reduce retired or retainer pay payable to a member or former member of the uniformed services; ``(C) reduce benefits payable under a retirement system for employees of the Government; ``(D) reduce payments for net interest (all of major functional category 900); or ``(E) make any reduction in the following accounts: ``Federal Deposit Insurance Corporation, Bank Insurance Fund; ``Federal Deposit Insurance Corporation, FSLIC Resolution Fund; ``Federal Deposit Insurance Corporation, Savings Association Insurance Fund; ``National Credit Union Administration, credit union share insurance fund; or ``Resolution Trust Corporation.''. (b) Reports.--Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subsection (a), by adding at the end of the table the following new item: ``October 1.................... Department of Treasury report to Congress estimating amount of income tax designated pursuant to section 6097 of the Internal Revenue Code of 1986.''; (2) in subsection (c)(1), by inserting ``, and sequestration to reduce the public debt,'' after ``sequestration''; (3) in subsection (c), by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Reports on sequestration to reduce the public debt.-- The preview reports shall set forth for the budget year estimates for each of the following: ``(A) The aggregate amount designated under section 6097 of the Internal Revenue Code of 1986 for the last taxable year ending before the budget year. ``(B) The amount of reductions required under section 253A and the deficit remaining after those reductions have been made. ``(C) The sequestration percentage necessary to achieve the required reduction in accounts under section 253A(b).''; and (4) in subsection (f), by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Reports on sequestration to reduce the public debt.-- The final reports shall contain all of the information contained in the public debt taxation designation report required on October 1.''. (c) Conforming Amendment.--The table of contents in section 250(a) of the the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after the item relating to section 253 the following new item: ``Sec. 253A. Sequestration to reduce the public debt.''. (d) Effective Date.--Notwithstanding section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the expiration date set forth in that section shall not apply to the amendments made by this section. The amendments made by this section shall cease to have any effect after the first fiscal year during which there is no public debt.

Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation of the Federal Old-Age and Survivors Insurance Trust Fund, the Civil Service Retirement and Disability Fund, or the Department of Defense Military Retirement Fund). Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.

Debt Buy-Down Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Accountability Tax Gap Act of 2005''. SEC. 2. AVAILABILITY OF CERTAIN TAX INFORMATION OF PUBLICLY TRADED CORPORATIONS. (a) In General.--Section 6103 of the Internal Revenue Code of 1986 is amended by redesignating subsection (q) as subsection (r) and by inserting after subsection (p) the following new subsection: ``(q) Public Disclosure of Certain Corporate Tax Information.-- ``(1) In general.--Each specified corporation shall, on the date that it files its return of tax imposed by chapter 1 for each taxable year, electronically file the information described in paragraph (2) for such year. Not later than 30 days after receiving such information, the Secretary shall make it electronically available to the public as a single document and as part of a searchable database as provided in paragraph (3). ``(2) Information.--The information described in this paragraph with respect to a corporation for a taxable year are the following items: ``(A) Net corporate income tax as shown on the return for such year. ``(B) Amount shown as Federal income tax expense on its annual statement (if any) filed with the Securities and Exchange Commission. ``(C) Taxable income as shown on such return. ``(D) Adjusted book income. ``(E) The portion of the total difference between taxable income and adjusted book income which is attributable to each of the following: ``(i) Transactions disclosable under section 6011. ``(ii) Depreciation differences. ``(iii) Stock options. ``(iv) Income from entities consolidated for book income purposes but not for Federal income tax purposes. ``(v) Income from pension funds or tax- exempt bonds. ``(vi) Other items, pursuant to regulations prescribed by the Secretary. ``(F) An explanation of the differences between taxable income and adjusted book income that are attributable to one or more of the following: ``(i) Transactions referred to in subparagraph (E)(i). ``(ii) Other items specified in regulations referred to in subparagraph (E)(vi). ``(iii) Any additional information that the Secretary determines would be useful in enforcing this title, including any information which is an indicia of abusive tax avoidance schemes. ``(3) Access.--The Secretary shall make the information described in paragraph (2) accessible electronically by a search which uses the following items: ``(A) Name of the corporation. ``(B) Headquarters location by postal zip code. ``(C) Each category of such information. ``(D) Taxable year or other time period to which such information relates. ``(E) The CUSIP identification number under which the corporation files reports with the Securities and Exchange Commission. ``(4) Specified corporation.--For purposes of this subsection, the term `specified corporation' means-- ``(A) any corporation issuing any class of securities required to be registered under section 12 of the Securities Exchange Act of 1934, and ``(B) any other domestic corporation which is a member of an affiliated group (as defined in section 1504) which includes a corporation described in subparagraph (A). In the case of a corporation which is a member of an affiliated group filing a consolidated return, the term `specified corporation' means such group and not each member thereof. ``(5) Other definitions.--For purposes of this subsection-- ``(A) Net corporate income tax.--The term `net corporate income tax' means the sum of regular tax liability (as defined by section 26(b)) and the tax imposed by section 55, reduced by the credits allowable under part IV of subchapter A of chapter 1. ``(B) Adjusted book income.--The term `adjusted book income' means book income reported to the Securities and Exchange Commission (or to shareholders) without reduction for preferred stock dividends, Federal income taxes, and income, war profits, or excess profits taxes imposed by any foreign country or possession of the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. STUDY OF TAX SHELTER ACTIVITY. (a) Study.--The Secretary of the Treasury (or the Secretary's delegate) shall, in coordination with the Joint Committee on Taxation, Committee on Finance of the Senate, and the Committee on Ways and Means of the House of Representatives, conduct a study of recent known corporate tax shelter activity, including information gained from the tax shelter amnesty announced in Internal Revenue Service Announcement 2002-02 and from the study of Enron tax returns by the Committee on Finance of the Senate. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the report of such study shall be submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. Such report shall include recommendations (if any) for-- (1) requiring additional information on the reconciliation of book/tax accounting and publicly disclosing that additional information under section 6103(q) of the Internal Revenue Code of 1986, and (2) publicly disclosing additional information from the corporate income tax return. Such report also shall include a description of the actions that such Secretary has taken toward implementing any such recommendations.

Corporate Accountability Tax Gap Act of 2005 - Amends the Internal Revenue Code to provide for public disclosure of certain information of publicly traded corporations, including: (1) net corporate income tax and taxable income as shown on the corporation's current year tax return; (2) adjusted book income; and (3) differences between taxable income and adjusted book income due to certain transactions, depreciation differences, stock options, and other factors. Directs the Secretary of the Treasury to conduct a study of corporate tax shelter activity.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dr. Martin Luther King, Jr., Commemorative Coin Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) Dr. Martin Luther King, Jr. dedicated his life to securing the Nation's fundamental principles of liberty and justice for all its citizens; (2) Dr. Martin Luther King, Jr. was the leading civil rights advocate of his time, spearheading the civil rights movement in the United States during the 1950's and 1960's; (3) Dr. Martin Luther King, Jr. was the keynote speaker at the August 28, 1963, March on Washington, the largest rally of the civil rights movement, during which, from the steps of the Lincoln Memorial and before a crowd of more than 200,000 people, he delivered his famous ``I Have A Dream'' speech, one of the classic orations in American history; (4) Dr. Martin Luther King, Jr. was a champion of nonviolence, fervently advocated nonviolent resistance as the strategy to end segregation and racial discrimination in America, and was awarded the 1964 Nobel Peace Prize in recognition of his efforts; (5) all Americans should commemorate the legacy of Dr. Martin Luther King, Jr. so ``that one day this Nation will rise up and live out the true meaning of its creed: `We hold these truths to be self-evident; that all men are created equal.'''; and (6) efforts are underway to secure the personal papers of Dr. Martin Luther King, Jr., for the Library of Congress so that they may be preserved and studied for generations to come. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $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. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act from all available sources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the human rights legacy and leadership of Dr. Martin Luther King, Jr. (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 Librarian of Congress, the Commission of Fine Arts, and the estate of Dr. Martin Luther King, Jr.; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2003. SEC. 7. 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 (c) 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) Surcharges.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. SEC. 8. DISTRIBUTION OF SURCHARGES. Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Library of Congress for the purposes of purchasing and maintaining historical documents and other materials associated with the life and legacy of Dr. Martin Luther King, Jr.

Dr. Martin Luther King, Jr., Commemorative Coin Act of 2001 - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the human rights legacy and leadership of Dr. Martin Luther King, Jr.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the contributions of Dr. Martin Luther King, Jr., to the United States.

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Liberian Refugee Immigration Fairness Act of 2001''. SEC. 2. ADJUSTMENT OF STATUS. (a) Adjustment of Status.-- (1) In general.-- (A) Eligibility.--The Attorney General shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence, if the alien-- (i) applies for adjustment before April 1, 2003; and (ii) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. (B) Ineligible aliens.--An alien shall not be eligible for adjustment of status under this section if the Attorney General finds that the alien has been convicted of-- (i) any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); or (ii) two or more crimes involving moral turpitude. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1), if otherwise qualified under that paragraph. Such an alien may not be required, as a condition on submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General makes a final decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided by subsection (a) shall apply to any alien-- (A) who is-- (i) a national of Liberia; and (ii) has been continuously present in the United States from January 1, 2001, through the date of application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of Removal.-- (1) In general.--The Attorney General shall provide by regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order an alien to be removed from the United States if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney General has made a final determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that, if such application is pending for a period exceeding 180 days and has not been denied, the Attorney General shall authorize such employment. (d) Record of Permanent Residence.--Upon approval of an alien's application for adjustment of status under subsection (a), the Attorney General shall establish a record of the alien's admission for permanent record as of the date of the alien's arrival in the United States. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) No Offset in Number of Visas Available.--Whenever an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in the Act shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible.

Liberian Refugee Immigration Fairness Act of 2001 - Provides for the permanent resident status adjustment of certain Liberian nationals.

A bill to provide for the adjustment of status of certain nationals of Liberia to that of lawful permanent residence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Roadless Area Conservation Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) In General.--Congress finds that-- (1) there is a compelling need to establish national protection for inventoried roadless areas of the National Forest System in order to protect the unique social and ecological values of those irreplaceable resources; (2) roadless areas protect healthy watersheds and their numerous benefits including-- (A) protecting downstream communities from floods and tempering the effects of drought; (B) ensuring a supply of clean water for domestic, agricultural, and industrial uses; (C) helping maintain abundant and healthy fish and wildlife populations and habitats; (D) providing the setting for many forms of outdoor recreation; and (E) providing drinking water to millions of citizens from the more than 354 municipal watersheds found on roadless areas; (3) maintaining roadless areas in a relatively undisturbed condition-- (A) saves downstream communities millions of dollars in water filtration costs; and (B) is crucial to preserve the flow of affordable, clean water to a growing population; (4) the protection of roadless areas can maintain biological strongholds and refuges for many imperiled species by halting the ongoing fragmentation of the landscape into smaller and smaller parcels of land divided by road corridors; (5) roadless areas conserve native biodiversity by serving as a bulwark against the spread of nonnative invasive species; (6) roadless areas provide unparalleled opportunities for hiking, camping, picnicking, wildlife viewing, hunting, fishing, cross-country skiing, canoeing, mountain-biking, and similar activities; (7) while roadless areas may have many wilderness-like attributes, unlike wilderness areas, the use of mechanized means of travel is allowed in many roadless areas; (8) roadless areas contain many sites sacred to Native Americans and other groups that use roadless areas for spiritual and religious retreats; (9) from the inception of Federal land management, it has been the mission of the Forest Service and other agencies to manage the National Forest System for the dual purposes of resource extraction and conservation; (10) consistent with that dual mission, this Act-- (A) protects social and ecological values, while allowing for many multiple uses of inventoried roadless areas; and (B) does not impose any limitations on the use of, or access to National Forest System, State, or private land outside inventoried roadless areas; (11) establishing a consistent national policy for the protection of inventoried roadless areas-- (A) ensures that the considerable long-term ecological and economic benefits of protecting roadless areas for future generations are properly considered; (B) diminishes the likelihood of controversy at the project level; and (C) enables the Chief of the Forest Service to focus on the economic and environmental benefits of reducing hazardous fuel buildups in portions of the landscape that already have roads; (12) the National Fire Plan indicates that fires are almost twice as likely to occur in roaded areas as in roadless areas, because roadless areas are generally located further away from communities and are harder to access; (13) the report entitled ``Protecting People and Sustaining Resources in Fire-Adapted Ecosystems--A Cohesive Strategy'' (65 Fed. Reg. 67480) advocates a higher priority for fuel reduction on land that is near communities and readily accessible municipal watersheds; (14) the Forest Service has an enormous backlog of maintenance needs for the existing 386,000 mile road system of the Forest Service that will cost millions of dollars to eliminate; (15) no State or private land owner would continue to build new roads in the face of such an enormous backlog; (16) failure to maintain forest roads-- (A) limits public access; and (B) causes degradation of water quality and wildlife and fish habitat; and (17) protection of roadless areas-- (A) will impact less than 0.5 percent of the national timber supply; and (B) will have a negligible impact on oil and gas production because-- (i) the entire National Forest System provides only approximately 0.4 percent of the quantity of oil and gas that is produced in the United States; and (ii) roadless areas provide only a fraction of the quantity of oil and gas that is produced in the National Forest System. (b) Purpose.--The purpose of this Act is to provide, within the context of multiple-use management, lasting protection for inventoried roadless areas within the National Forest System. SEC. 3. DEFINITIONS. In this Act: (1) Classified road.-- (A) In general.--The term ``classified road'' means a road wholly or partially within, or adjacent to, National Forest System land that is determined to be needed for long-term motor vehicle access. (B) Inclusions.--The term ``classified road'' includes a State road, county road, privately-owned road, National Forest System road, and any other road authorized by the Forest Service. (2) Inventoried roadless area.--The term ``inventoried roadless area'' means an area identified in a roadless area map. (3) Responsible official.--The term ``responsible official'' means a Forest Service line officer or employee with the authority and responsibility to make decisions regarding the protection and management of inventoried roadless areas under this Act. (4) Road.--The term ``road'' means a motor vehicle travelway over 50 inches wide, unless designated and managed as a trail. (5) Road construction.--The term ``road construction'' means activity that results in the addition of classified road or temporary road miles. (6) Road improvement.--The term ``road improvement'' means activity that results in-- (A) an increase of the traffic service level of an existing road; (B) an expansion of the capacity of the road; or (C) a change in the original design function of the road. (7) Road maintenance.--The term ``road maintenance'' means ongoing upkeep of a road necessary to retain or restore the road in accordance with approved road management objectives. (8) Road realignment.--The term ``road realignment'' means an activity that results in-- (A) a new location for all or part of an existing road; and (B) treatment of the old roadway. (9) Road reconstruction.--The term ``road reconstruction'' means an activity that results in improvement or realignment of an existing classified road. (10) Roadless area characteristics.--The term ``roadless area characteristics'' means resources or features that are often present in and characterize inventoried roadless areas, including-- (A) high quality or undisturbed soil, water, and air; (B) sources of public drinking water; (C) diversity of plant and animal communities; (D) habitat for-- (i) threatened, endangered, candidate, or sensitive species, and species proposed for listing, under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (ii) species dependent on large, undisturbed areas of land; (E) primitive, semiprimitive nonmotorized, and semiprimitive motorized classes of dispersed recreation; (F) reference landscapes; (G) natural appearing landscapes with high scenic quality; (H) traditional cultural properties and sacred sites; and (I) other locally identified unique characteristics. (11) Roadless area map.--The term ``roadless area map'' means an inventoried roadless area map that is contained in the document entitled ``Forest Service Roadless Areas Conservation, Final Environmental Impact Statement, Volume 2'', dated November 2000. (12) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (13) Temporary road.--The term ``temporary road'' means a road that is-- (A) authorized by contract, permit, lease, other written authorization, or emergency operation; and (B) not intended to be part of the forest transportation system and not necessary for long-term resource management. (14) Unclassified road.--The term ``unclassified road'' means a road on National Forest System land that is not managed as part of the forest transportation system, including-- (A) an unplanned road, abandoned travelway, or off- road vehicle track that has not been designated and managed as a trail; and (B) a road that was once under permit or other authorization and was not decommissioned on the termination of the authorization. SEC. 4. PROHIBITION ON ROAD CONSTRUCTION AND ROAD RECONSTRUCTION IN INVENTORIED ROADLESS AREAS. (a) Prohibition.--Except as provided in subsection (b), road construction and road reconstruction may not take place in an inventoried roadless area of the National Forest System. (b) Exceptions.--Road construction and road reconstruction may take place, including through the use of appropriated funds, in an inventoried roadless area of the National Forest System if the responsible official determines that-- (1) a road is needed to protect public health and safety in a case of an imminent threat of flood, fire, or other catastrophic event that, without intervention, would cause the loss of life or property; (2) a road is needed to conduct-- (A) a response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or (B) a natural resource restoration action under-- (i) that Act; (ii) section 311 of the Federal Water Pollution Control Act (33 U.S.C. 1321); or (iii) the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.); (3) a road is needed pursuant to a reserved or outstanding right, or as provided for by law or treaty; (4) a road realignment is needed-- (A) to prevent irreparable resource damage that arises from the design, location, use, or deterioration of a classified road that cannot be mitigated by road maintenance; and (B) to provide for essential public or private access, natural resource management, or public health or safety; (5) road reconstruction is needed to implement a road safety improvement project on a classified road determined to be hazardous on the basis of accident experience or accident potential with respect to the road; (6)(A) a Federal-aid highway project authorized under chapter 1 of title 23, United States Code, is-- (i) in the public interest; or (ii) consistent with the purposes for which the land was reserved or acquired; and (B) no other reasonable and prudent alternative to the project exists; or (7)(A) a road is needed in conjunction with-- (i) the continuation, extension, or renewal of a mineral lease on land that is under lease by the Secretary of the Interior as of January 12, 2001; or (ii) the issuance of a new lease issued immediately on the date of expiration of an existing lease described in clause (i); (B) road construction or road reconstruction under this paragraph will be conducted in a manner that-- (i) minimizes the effects on surface resources; (ii) prevents unnecessary or unreasonable surface disturbance; and (iii) complies with all applicable laws (including regulations), lease requirements, and land and resource management plan directives; and (C) a road constructed or reconstructed under this paragraph will be removed on the earlier of-- (i) the date on which the road is no longer needed for the purposes of the lease; or (ii) the date of termination or expiration of the lease. (c) Road Maintenance.--A classified road in an inventoried roadless area may be maintained. SEC. 5. PROHIBITION ON TIMBER CUTTING, SALE, OR REMOVAL IN INVENTORIED ROADLESS AREAS. (a) Prohibition.--Except as provided in subsection (b), timber may not be cut, sold, or removed in an inventoried roadless area of the National Forest System. (b) Exceptions.--Timber may be cut, sold, or removed in an inventoried roadless area if the responsible official determines that the cutting, sale, or removal of the timber is expected to be infrequent and-- (1) the cutting, sale, or removal of generally small diameter timber-- (A) will improve or maintain 1 or more roadless area characteristics; and (B) is needed-- (i) to improve habitat for threatened, endangered, candidate, or sensitive species, and species proposed for listing, under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (ii) to maintain or restore the characteristics of ecosystem composition and structure, such as to reduce the risk of uncharacteristic wildfire effects, within the range of variability that would be expected to occur under a natural disturbance regime of the current climatic period; (2) the cutting, sale, or removal of timber is incidental to the implementation of a management activity not otherwise prohibited by this Act; (3) the cutting, sale, or removal of timber is needed and appropriate for personal or administrative use, in accordance with part 223 of title 36, Code of Federal Regulations; or (4) roadless characteristics have been substantially altered in a portion of an inventoried roadless area as a result of the construction of a classified road and subsequent timber harvest, if-- (A) the road construction and subsequent timber harvest occurred after the area was designated an inventoried roadless area and before January 12, 2001; and (B) timber is cut, sold, or removed only in the substantially altered portion of the inventoried roadless area. SEC. 6. MODIFICATIONS TO ROADLESS AREA MAPS. (a) Authority of Secretary.--The Secretary may make 1 or more modifications to a roadless area map to improve the accuracy or inclusiveness of the roadless area map. (b) Requirements.--In modifying a roadless area map under subsection (a), the Secretary shall-- (1) make the modification in accordance with the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); and (2) to evaluate the effect of the modification, prepare an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 7. SCOPE AND APPLICABILITY. (a) Effect.--This Act does not-- (1) revoke, suspend, or modify any permit, contract, or other legal instrument authorizing the occupancy and use of National Forest System land issued or entered into before January 12, 2001; (2) compel the amendment or revision of any land and resource management plan; (3) revoke, suspend, or modify any decision concerning any project or activity made before January 12, 2001; or (4) apply to road construction, reconstruction, or the cutting, sale, or removal of timber in an inventoried roadless area of the Tongass National Forest if a notice of availability of a draft environmental impact statement for such activity has been published in the Federal Register before January 12, 2001. (b) Limitation on Revision.--The prohibitions and restrictions established in this Act are not subject to reconsideration, revision, or rescission in any subsequent project decision or amendment or revision to any land and resource management plan carried out in accordance with section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).

Roadless Area Conservation Act of 2007 - Prohibits road construction and road reconstruction in inventoried roadless areas of the National Forest System. Specifies exceptions, including because: (1) there is threat of a catastrophic event; (2) a natural resource restoration action is necessary; or (3) a federal-aid highway project is in the public interest or is consistent with the purposes for which the land was reserved or acquired. Prohibits timber from being cut, sold, or removed in an inventoried roadless area. Permits various exceptions, including for specified environmental reasons, if the responsible official determines that the cutting, sale, or removal of timber is expected to be infrequent. Authorizes the Secretary of Agriculture, acting through the Chief of the Forest Service, to make modifications to roadless area maps to improve their accuracy or inclusiveness. Instructs the Secretary, in order to evaluate the effect of a modification to a roadless area map, to prepare an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969. Declares that this Act does not: (1) revoke, suspend, or modify legal instruments and decisions concerning the use of NFS land made before January 12, 2001; (2) compel the amendment or revision of any land and resource management plan; or (3) apply to specified activities in the Tongass National Forest. States that the prohibitions and restrictions of this Act cannot be reconsidered, modified, or terminated under the Forest and Rangeland Renewable Resources Planning Act of 1974.

A bill to provide lasting protection for inventoried roadless areas within the National Forest System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bonneville Power Administration Appropriations Refinancing Act''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) ``Administrator'' means the Administrator of the Bonneville Power Administration; (2) ``capital investment'' means a capitalized cost funded by Federal appropriations that-- (A) is for a project, facility, or separable unit or feature of a project or facility; (B) is a cost for which the Administrator is required by law to establish rates to repay to the United States Treasury through the sale of electric power, transmission, or other services; (C) excludes a Federal irrigation investment; and (D) excludes an investment financed by the current revenues of the Administrator or by bonds issued and sold, or authorized to be issued and sold, by the Administrator under section 13 of the Federal Columbia River Transmission System Act (16 U.S.C. 838(k)); (3) ``new capital investment'' means a capital investment for a project, facility, or separable unit or feature of a project or facility, placed in service after September 30, 1995; (4) ``old capital investment'' means a capital investment whose capitalized cost-- (A) was incurred, but not repaid, before October 1, 1995, and (B) was for a project, facility, or separable unit or feature of a project or facility, placed in service before October 1, 1995; (5) ``repayment date'' means the end of the period within which the Administrator's rates are to assure the repayment of the principal amount of a capital investment; and (6) ``Treasury rate'' means-- (A) for an old capital investment, a rate determined by the Secretary of the Treasury, taking into consideration prevailing market yields, during the month preceding October 1, 1995, on outstanding interest-bearing obligations of the United States with periods to maturity comparable to the period between October 1, 1995, and the repayment date for the old capital investment; and (B) for a new capital investment, a rate determined by the Secretary of the Treasury, taking into consideration prevailing market yields, during the month preceding the beginning of the fiscal year in which the related project, facility, or separable unit or feature is placed in service, on outstanding interest-bearing obligations of the United States with periods to maturity comparable to the period between the beginning of the fiscal year and the repayment date for the new capital investment. SEC. 3. NEW PRINCIPAL AMOUNTS. (a) Effective October 1, 1995, an old capital investment has a new principal amount that is the sum of-- (1) the present value of the old payment amounts for the old capital investment, calculated using a discount rate equal to the Treasury rate for the old capital investment; and (2) an amount equal to $100,000,000 multiplied by a fraction whose numerator is the principal amount of the old payment amounts for the old capital investment and whose denominator is the sum of the principal amounts of the old payment amounts for all old capital investments. (b) With the approval of the Secretary of the Treasury based solely on consistency with this Act, the Administrator shall determine the new principal amounts under section 3 and the assignment of interest rates to the new principal amounts under section 4. (c) For the purposes of this section, ``old payment amounts'' means, for an old capital investment, the annual interest and principal that the Administrator would have paid to the United States Treasury from October 1, 1995, if this Act were not enacted, assuming that-- (1) the principal were repaid-- (A) on the repayment date the Administrator assigned before October 1, 1993, to the old capital investment, or (B) with respect to an old capital investment for which the Administrator has not assigned a repayment date before October 1, 1993, on a repayment date the Administrator shall assign to the old capital investment in accordance with paragraph 10(d)(1) of the version of Department of Energy Order RA 6120.2 in effect on October 1, 1993; and (2) interest were paid-- (A) at the interest rate the Administrator assigned before October 1, 1993, to the old capital investment, or (B) with respect to an old capital investment for which the Administrator has not assigned an interest rate before October 1, 1993, at a rate determined by the Secretary of the Treasury, taking into consideration prevailing market yields, during the month preceding the beginning of the fiscal year in which the related project, facility, or separable unit or feature is placed in service, on outstanding interest-bearing obligations of the United States with periods to maturity comparable to the period between the beginning of the fiscal year and the repayment date for the old capital investment. SEC. 4. INTEREST RATE FOR NEW PRINCIPAL AMOUNTS As of October 1, 1995, the unpaid balance on the new principal amount established for an old capital investment under section 3 bears interest annually at the Treasury rate for the old capital investment until the earlier of the date that the new principal amount is repaid or the repayment date for the new principal amount. SEC. 5. REPAYMENT DATES. As of October 1, 1995, the repayment date for the new principal amount established for an old capital investment under section 3 is no earlier than the repayment date for the old capital investment assumed in section 3(c)(1). SEC. 6. PREPAYMENT LIMITATIONS. During the period October 1, 1995, through September 30, 2000, the total new principal amounts of old capital investments, as established under section 3, that the Administrator may pay before their respective repayment dates shall not exceed $100,000,000. SEC. 7. INTEREST RATES FOR NEW CAPITAL INVESTMENTS DURING CONSTRUCTION. (a) The principal amount of a new capital investment includes interest in each fiscal year of construction of the related project, facility, or separable unit or feature at a rate equal to the one-year rate for the fiscal year on the sum of-- (1) construction expenditures that were made from the date construction commenced through the end of the fiscal year, and (2) accrued interest during construction. (b) The Administrator is not required to pay, during construction of the project, facility, or separable unit or feature, the interest calculated, accrued, and capitalized under subsection (a). (c) For the purposes of this section, `one-year rate' for a fiscal year means a rate determined by the Secretary of the Treasury, taking into consideration prevailing market yields, during the month preceding the beginning of the fiscal year, on outstanding interest-bearing obligations of the United States with periods to maturity of approximately one year. SEC. 8. INTEREST RATES FOR NEW CAPITAL INVESTMENTS. The unpaid balance on the principal amount of a new capital investment bears interest at the Treasury rate for the new capital investment from the date the related project, facility, or separable unit or feature is placed in service until the earlier of the date the new capital investment is repaid or the repayment date for the new capital investment. SEC. 9. APPROPRIATED AMOUNTS. The Confederated Tribe of the Colville Reservation Grand Coulee Dam Settlement Act (Public Law No. 103-436) is amended by striking section 6 and its catchline and inserting the following: ``SEC. 6. APPROPRIATED AMOUNTS. ``(a) Without fiscal year limitation, there are appropriated to the Administrator $15.25 million in fiscal year 1996, $15.86 million in fiscal year 1997, $16.49 million in fiscal year 1998, $17.15 million in fiscal year 1999, $17.84 million in fiscal year 2000, and $4.10 million in each succeeding fiscal year so long as the Administrator makes annual payments to the Tribes under the settlement agreement. ``(b) For the purposes of this section-- ``(1) `settlement agreement' means that settlement agreement between the United States of America and the Confederated Tribes of the Colville Reservation signed by the Tribes on April 16, 1994, and by the United States of America on April 21, 1994, which settlement agreement resolves claims of the Tribes in Docket 181-D of the Indian Claims Commission, which docket has been transferred to the United States Court of Federal Claims; and ``(2) `Tribes' means the Confederated Tribes of the Colville Reservation, a federally recognized Indian Tribe.''. SEC. 10. CONTRACT PROVISIONS. In each contract of the Administrator that provides for the Administrator to sell electric power, transmission, or related services, and that is in effect after September 30, 1995, the Administrator shall offer to include, or as the case may be, shall offer to amend to include, provisions specifying that after September 30, 1995-- (1) the Administrator shall establish rates and charges on the basis that-- (A) the principal amount of an old capital investment shall be no greater than the new principal amount established under section 3 of this Act; (B) the interest rate applicable to the unpaid balance of the new principal amount of an old capital investment shall be no greater than the interest rate established under section 4 of this Act; (C) any payment of principal of an old capital investment shall reduce the outstanding principal balance of the old capital investment in the amount of the payment at the time the payment is tendered; and (D) any payment of interest on the unpaid balance of the new principal amount of an old capital investment shall be a credit against the appropriate interest account in the amount of the payment at the time the payment is tendered; (2) apart from charges necessary to repay the new principal amount of an old capital investment as established under section 3 of this Act and to pay the interest on the principal amount under section 4 of this Act, no amount may be charged for return to the United States Treasury as repayment for or return on an old capital investment, whether by way of rate, rent, lease payment, assessment, user charge, or any other fee; (3) amounts provided under section 1304 of title 31, United States Code, shall be available to pay, and shall be the sole source for payment of, a judgment against or settlement by the Administrator or the United States on a claim for a breach of the contract provisions required by this Act; and (4) the contract provisions specified in this Act do not-- (A) preclude the Administrator from recovering, through rates or other means, any tax that is generally imposed on electric utilities in the United States, or (B) affect the Administrator's authority under applicable law, including section 7(g) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839e(g)), to-- (i) allocate costs and benefits, including but not limited to fish and wildlife costs, to rates or resources, or (ii) design rates. SEC. 11. SAVINGS PROVISIONS. (a) This Act does not affect the obligation of the Administrator to repay the principal associated with each capital investment, and to pay interest on the principal, only from the ``Administrator's net proceeds,'' as defined in section 13 of the Federal Columbia River Transmission System Act (16 U.S.C. 838k(b)). (b) Except as provided in section 6 of this Act, this Act does not affect the authority of the Administrator to pay all or a portion of the principal amount associated with a capital investment before the repayment date for the principal amount.

Bonneville Power Administration Appropriations Refinancing Act - Amends the Federal Columbia River Transmission System Act to prescribe guidelines under which the Administrator of the Bonneville Power Administration (BPA) is directed to refinance a certain appropriated debt by determining with the approval of the Secretary of the Treasury: (1) a new principal amount for such debt; (2) a new interest rate for such debt based on the Treasury rate for the old capital investment; and (3) a $100 million limit on prepayments of old capital investments before a certain date. Prescribes guidelines for interest rates for new capital investments. Amends the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act to appropriate specified amounts to the Administrator in certain fiscal years so long as the Administrator makes annual payments to the Tribes under a certain settlement agreement. Directs the Administrator to offer to include provisions in future electric power service contracts that preclude further increases in the principal amount or interest rate obligations to the Government.

Bonneville Power Administration Appropriations Refinancing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The financing of terrorism and related forms of illicit finance present a direct threat to national security and a threat to global stability. (2) New terrorist groups or threats can form quickly, and other groups change tactics to adapt, creating a constantly changing terrorist environment, presenting ever-changing risks and challenges to programs to disrupt the financing of terrorism and related forms of illicit finance. (3) As demonstrated in hearings before the Task Force to Investigate Terrorism Financing, terrorists in some instances have formed symbiotic relationships with, or are taking over, transnational crime syndicates, so that funding for both terrorism and profits from crime flow in the same fashion and often are indistinguishable. (4) Methods of concealing the movement of illicit funding change quickly in a globalized economy, and rapid technological changes and financial innovation pose new risks that may be increasingly difficult for governments to stay abreast of without an agile, constantly adjusted strategy to spot, disrupt, and prevent the financing of terrorism and related forms of illicit finance. (5) A bipartisan requirement to create a national anti- money laundering strategy enacted in 1998 expired in 2007. Given the rapid globalization and rapid technology changes of the financial sector, an updated strategy focused on the financing of terrorism is necessary. (6) It is important for the Government to have a unified strategy to fight financial crime and to update it annually, both to accommodate new and developing threats and to help Congress develop legislative and funding priorities. (7) An effective strategy to counter terrorism financing is a critical component of the broader counter terrorism strategy of the United States. SEC. 3. DEVELOPMENT OF NATIONAL STRATEGY. (a) In General.--The President, acting through the Secretary of the Treasury (the ``Secretary'') shall, in consultation with the Attorney General, the Secretaries of State, Defense, and Homeland Security, the Director of National Intelligence and the appropriate Federal banking agencies, develop a national strategy for combating the financing of terrorism and related forms of illicit finance. (b) Transmittal to Congress.--By June 1 each year following the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a national strategy developed in accordance with subsection (a). (c) Evaluation of Existing Efforts and Broader Strategy.--The President shall accompany each strategy submitted under subsection (b) with a report that-- (1) describes the effectiveness of efforts to enforce existing prohibitions against illicit finance; (2) describes how the United States is addressing the highest levels of risk identified in the National Money Laundering Risk Assessment and the National Terrorist Financing Risk Assessment published by the Department of the Treasury; (3) evaluates the effectiveness of United States efforts to fight illicit finance at actually preventing, discovering, and countering terrorist financing and other forms of illicit finance (and the effectiveness of those efforts that the United States coordinates with foreign nations); and (4) describes how the strategy submitted under subsection (b) is integrated into, and supports, the broader counter terrorism strategy of the United States. (d) Separate Presentation of Classified Material.--Any part of the national strategy that involves information which is properly classified under criteria established by the President shall be submitted to the Congress separately in a classified annex and, if requested by the chairman or ranking Member of one of the appropriate congressional committees, as a briefing at an appropriate level of security. SEC. 4. CONTENTS. (a) In General.--The strategy described under section 3 shall contain, at a minimum, the following: (1) Threats, goals, objectives, and priorities.--A comprehensive, research-based, long-range, quantifiable discussion of threats, goals, objectives, and priorities for disrupting, preventing and reducing the number, dollar value, and effects of illicit finance in the United States and foreign countries that impact the security of the United States. (2) Coordination.--A discussion of methods to best coordinate such efforts with international, State, and local officials, law enforcement, regulators, and financial institutions. (3) Reviews and proposed changes.--Reviews of enforcement efforts, relevant regulations and relevant provisions of law and, when appropriate, discussions of proposed changes determined to be appropriate to ensure that the United States pursues coordinated and effective efforts at all levels of government in the fight against illicit finance and with international partners. (4) Detection and prosecution initiatives.--A description of efforts to improve detection and prosecution of illicit finance, including efforts to ensure that-- (A) subject to legal restrictions, all appropriate data collected by the Government that is relevant to the efforts described in this Act be available in a timely fashion to all appropriate Federal departments and agencies and, as appropriate and consistent with section 314 of the USA PATRIOT Act, to financial institutions to assist them in efforts to comply with laws aimed at curbing illicit finance; and (B) appropriate efforts are undertaken to ensure that Federal departments and agencies charged with reducing and preventing illicit finance make thorough use of publicly available data in furtherance of this effort. (5) The role of the private financial sector in prevention of illicit finance.--A discussion of ways to enhance partnerships between the private financial sector and Federal departments and agencies with regard to the prevention and detection of illicit money laundering finance, including-- (A) efforts to facilitate compliance with laws aimed at stopping such illicit finance while maintaining the effectiveness of such efforts; and (B) providing incentives to strengthen internal controls and to adopt on an industry-wide basis more effective policies. (6) Enhancement of intergovernmental cooperation.--A discussion of ways to combat illicit finance by enhancing-- (A) cooperative efforts between Federal, State, and local officials, including State and local prosecutors and other law enforcement officials; (B) to the extent possible, cooperative efforts among States and between State and local officials, including State and local regulators, prosecutors, and law enforcement officials; and (C) cooperative efforts with and between governments of countries and with and between multinational institutions with expertise in fighting illicit finance. (7) Project and budget priorities.--A 3-year projection for program and budget priorities and achievable projects for reductions in illicit finance. (8) Assessment of funding.--A complete assessment of how the proposed budget described under paragraph (7) is intended to implement the strategy described in this Act and whether the funding levels contained in the proposed budget are sufficient to implement the strategy, including a discussion of the extent to which funding for such efforts is or should be funded from fines, settlements, seizures or forfeitures related to illicit finance. (9) Trend analysis.--Data regarding trends in illicit finance, with a special focus on the funding of terrorism. (10) Enforcement report.--A report containing an evaluation of the enforcement of policies to combat illicit finance. (11) Enforcement.--A discussion of the current policies of the United States to enforce the provisions of the Bank Secrecy Act and related laws regarding the financing of terrorism and other forms of illicit finance, together with recommendations for improving enforcement. (12) Treasury attaches.--A discussion of the Department of the Treasury attaches, including-- (A) a list of embassies where Department of the Treasury attaches are posted and a discussion of their effectiveness in the fight against illicit finance; (B) a list of the United States embassies at which a Department of the Treasury attache is assigned for temporary duty, the length of such assignments, and the reason why such assignments are not considered to be permanent assignments; (C) how the Department of the Treasury's interests relating to economic and anti-terror finance issues are handled at other embassies, including a discussion of the reporting structure by which such issues are brought to the direct attention of the ambassador; and (D) the effect of not having more attaches in embassies that are most vulnerable to illicit finance threats and a discussion of whether the Department of the Treasury's economic or anti-illicit finance issues are thought to be under-represented in some embassies or regions. (13) Illicit finance and cyber crime.--A discussion of terrorist financing and other forms of illicit finance that involve cyber attacks, evolving forms of value transfer, including so-called ``crypto currencies'', and other methods that are computer, telecommunications, or Internet-based. (14) Technology.--An analysis of current and developing ways to leverage technology to improve the effectiveness of the fight against the financing of terror and other forms of illicit finance, including the use of ``big data'' analytics, the merging of publicly sourced data with Bank Secrecy Act data and with other forms of secure Government data to increase such effectiveness, and ways to enhance the role of the private sector in combating illicit finance. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Financial Services, Committee on Foreign Affairs, Committee on Armed Services, Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs, Committee on Foreign Relations, Committee on Armed Services, Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate. (2) Appropriate federal banking agencies.--The term ``appropriate Federal banking agencies'' has the meaning given that term under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813). (3) Bank secrecy act.--The term ``Bank Secrecy Act'' means-- (A) section 21 of the Federal Deposit Insurance Act; (B) chapter 2 of title I of Public Law 91-508; and (C) subchapter II of chapter 53 of title 31, United States Code. (4) Illicit finance.--The term ``illicit finance'' means the financing of terrorism, money laundering, and other forms of illicit or underground financing or other illicit finance domestically and internationally, as defined by the President. (5) State.--The term ``State'' means each of the several States, the District of Columbia, and each territory or possession of the United States. Passed the House of Representatives July 11, 2016. Attest: KAREN L. HAAS, Clerk.

. National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act (Sec. 3) This bill directs the President, acting through the Department of the Treasury, to develop a national strategy for combating the financing of terrorism and related forms of illicit finance. (Sec. 4) The national strategy shall focus upon selected aspects, including: (1) threats, goals, objectives, and priorities; (2) coordination with domestic and international governmental entities; (3) the role of the private financial sector in prevention of illicit finance; (4) project and budget priorities; (5) the use and role of Treasury attaches; (6) illicit finance and cyber crime; and (7) technology.

National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Life Education Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The American Medical Association (``AMA''), the American Nurses Association (``ANA''), the American Academy of Pediatrics (``AAP''), the American College of Obstetricians and Gynecologists (``ACOG''), the American Public Health Association (``APHA''), and the Society of Adolescent Medicine (``SAM''), support responsible sexuality education that includes information about both abstinence and contraception. (2) Recent scientific reports by the Institute of Medicine, the American Medical Association and the Office on National AIDS Policy stress the need for sexuality education that includes messages about abstinence and provides young people with information about contraception for the prevention of teen pregnancy, HIV/AIDS and other sexually transmitted diseases (``STDs''). (3) Research shows that teenagers who receive sexuality education that includes discussion of contraception are more likely than those who receive abstinence-only messages to delay sexual activity and to use contraceptives when they do become sexually active. (4) Comprehensive sexuality education programs respect the diversity of values and beliefs represented in the community and will complement and augment the sexuality education children receive from their families. (5) The median age of puberty is 13 years and the average age of marriage is nearly 26 years old. American teens need access to full, complete, and medically and factually accurate information regarding sexuality, including contraception, STD/ HIV prevention, and abstinence. (6) Although teen pregnancy rates are decreasing, there are still nearly 900,000 teen pregnancies each year. Nearly 80 percent of teen pregnancies among 15- to 19-year olds are unintended. (7) Research shows that 75 percent of the decrease in teen pregnancy between 1988 and 1995 was due to improved contraceptive use, while 25 percent was due to increased abstinence. (8) More than eight out of ten Americans believe that young people should have information about protecting themselves from unplanned pregnancies and sexually transmitted diseases. (9) United States teens acquire an estimated 4,000,000 sexually transmitted infections each year. By age 24, at least one in three sexually active people will have contracted a sexually transmitted disease. (10) An average of two young people in the United States are infected with HIV every hour of every day. African Americans and Hispanic youth have been disproportionately affected by the HIV/AIDS epidemic. Although less than 16 percent of the adolescent population in the United States is African American, nearly 50 percent of AIDS cases through June 2000 among 13- to 19-year olds were among Blacks. Hispanics comprise 13 percent of the population and 20 percent of the reported adolescent AIDS cases though June 2000. SEC. 3. ASSISTANCE TO REDUCE TEEN PREGNANCY, HIV/AIDS, AND OTHER SEXUALLY TRANSMITTED DISEASES AND TO SUPPORT HEALTHY ADOLESCENT DEVELOPMENT. (a) In General.--Each eligible State shall be entitled to receive from the Secretary of Health and Human Services, for each of the fiscal years 2003 through 2007, a grant to conduct programs of family life education, including education on both abstinence and contraception for the prevention of teenage pregnancy and sexually transmitted diseases, including HIV/AIDS. (b) Requirements for Family Life Programs.--For purposes of this Act, a program of family life education is a program that-- (1) is age-appropriate and medically accurate; (2) does not teach or promote religion; (3) teaches that abstinence is the only sure way to avoid pregnancy or sexually transmitted diseases; (4) stresses the value of abstinence while not ignoring those young people who have had or are having sexual intercourse; (5) provides information about the health benefits and side effects of all contraceptives and barrier methods as a means to prevent pregnancy; (6) provides information about the health benefits and side effects of all contraceptives and barrier methods as a means to reduce the risk of contracting sexually transmitted diseases, including HIV/AIDS; (7) encourages family communication about sexuality between parent and child; (8) teaches young people the skills to make responsible decisions about sexuality, including how to avoid unwanted verbal, physical, and sexual advances and how not to make unwanted verbal, physical, and sexual advances; and (9) teaches young people how alcohol and drug use can effect responsible decisionmaking. (c) Additional Activities.--In carrying out a program of family life education, a State may expend a grant under subsection (a) to carry out educational and motivational activities that help young people-- (1) gain knowledge about the physical, emotional, biological, and hormonal changes of adolescence and subsequent stages of human maturation; (2) develop the knowledge and skills necessary to ensure and protect their sexual and reproductive health from unintended pregnancy and sexually transmitted disease, including HIV/AIDS throughout their lifespan; (3) gain knowledge about the specific involvement of and male responsibility in sexual decisionmaking; (4) develop healthy attitudes and values about adolescent growth and development, body image, gender roles, racial and ethnic diversity, sexual orientation, and other subjects; (5) develop and practice healthy life skills including goal-setting, decisionmaking, negotiation, communication, and stress management; (6) promote self-esteem and positive interpersonal skills focusing on relationship dynamics, including, but not limited to, friendships, dating, romantic involvement, marriage and family interactions; and (7) prepare for the adult world by focusing on educational and career success, including developing skills for employment preparation, job seeking, independent living, financial self- sufficiency, and workplace productivity. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that while States are not required to provide matching funds, they are encouraged to do so. SEC. 5. EVALUATION OF PROGRAMS. (a) In General.--For the purpose of evaluating the effectiveness of programs of family life education carried out with a grant under section 3, evaluations of such program shall be carried out in accordance with subsections (b) and (c). (b) National Evaluation.-- (1) In general.--The Secretary shall provide for a national evaluation of a representative sample of programs of family life education carried out with grants under section 3. A condition for the receipt of such a grant is that the State involved agree to cooperate with the evaluation. The purposes of the national evaluation shall be the determination of-- (A) the effectiveness of such programs in helping to delay the initiation of sexual intercourse and other high-risk behaviors; (B) the effectiveness of such programs in preventing adolescent pregnancy; (C) the effectiveness of such programs in preventing sexually transmitted disease, including HIV/ AIDS; (D) the effectiveness of such programs in increasing contraceptive knowledge and contraceptive behaviors when sexual intercourse occurs; and (E) a list of best practices based upon essential programmatic components of evaluated programs that have led to success in subparagraphs (A) through (D). (2) Report.--A report providing the results of the national evaluation under paragraph (1) shall be submitted to the Congress not later than March 31, 2008, with an interim report provided on a yearly basis at the end of each fiscal year. (c) Individual State Evaluations.-- (1) In general.--A condition for the receipt of a grant under section 3 is that the State involved agree to provide for the evaluation of the programs of family education carried out with the grant in accordance with the following: (A) The evaluation will be conducted by an external, independent entity. (B) The purposes of the evaluation will be the determination of-- (i) the effectiveness of such programs in helping to delay the initiation of sexual intercourse and other high-risk behaviors; (ii) the effectiveness of such programs in preventing adolescent pregnancy; (iii) the effectiveness of such programs in preventing sexually transmitted disease, including HIV/AIDS; and (iv) the effectiveness of such programs in increasing contraceptive knowledge and contraceptive behaviors when sexual intercourse occurs. (2) Use of grant.--A condition for the receipt of a grant under section 3 is that the State involved agree that not more than 10 percent of the grant will be expended for the evaluation under paragraph (1). SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``eligible State'' means a State that submits to the Secretary an application for a grant under section 3 that is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this Act. (2) The term ``HIV/AIDS'' means the human immunodeficiency virus, and includes acquired immune deficiency syndrome. (3) The term ``medically accurate'', with respect to information, means information that is supported by research, recognized as accurate and objective by leading medical, psychological, psychiatric, and public health organizations and agencies, and where relevant, published in peer review journals. (4) The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 7. APPROPRIATIONS. (a) In General.--For the purpose of carrying out this Act, there is authorized to be appropriated $100,000,000 for each of the fiscal years 2002 through 2006. (b) Allocations.--Of the amounts appropriated under subsection (a) for a fiscal year-- (1) not more than 7 percent may be used for the administrative expenses of the Secretary in carrying out this Act for that fiscal year; and (2) not more than 10 percent may be used for the national evaluation under section 5(b).

Family Life Education Act - Requires the Secretary of Health and Human Services to make grants to States for family life education, including abstinence and contraception.Expresses the sense of Congress that States should, but need not, provide matching funds.Requires the Secretary to provide for national evaluation of a representative sample of such programs for effectiveness in changing adolescent sexual behavior, including the delay of sexual and high-risk activity, the prevention of pregnancy and disease (including HIV/AIDS), and the increase of contraceptive knowledge.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Patient Access to Physicians Act of 2002''. SEC. 2. REFORM OF THE MEDICARE PHYSICIAN PAYMENT UPDATE SYSTEM THROUGH ELIMINATION OF THE SUSTAINABLE GROWTH RATE (SGR) PAYMENT UPDATE SYSTEM. (a) In General.--Section 1848(d) of the Social Security Act (42 U.S.C. 1395w-4(d)) is amended by adding at the end the following new paragraphs: ``(5) Update for 2003.--The update to the single conversion factor established in paragraph (1)(C) for 2003 is 2.5 percent. ``(6) Update for years beginning with 2004.-- ``(A) In general.--Unless otherwise provided by law, subject to the budget-neutrality factor determined by the Secretary under subsection (c)(2)(B)(ii), the update to the single conversion factor established in paragraph (1)(C) for a year beginning with 2004 is equal to the product of-- ``(i) 1 plus the Secretary's estimate of the percentage change in the value of the input price index (as provided under subparagraph (B)(ii)) for the year (divided by 100); and ``(ii) 1 minus the Secretary's estimate of the productivity adjustment factor under subparagraph (C) for the year. ``(B) Input price index.-- ``(i) Establishment.--Taking into account the mix of goods and services included in computing the medicare economic index (referred to in the fourth sentence of section 1842(b)(3)), the Secretary shall establish an index that reflects the weighted-average input prices for physicians' services for a year. Such index shall only account for input prices and not changes in costs that may result from other factors (such as productivity). ``(ii) Annual estimate of change in index.--The Secretary shall estimate, before the beginning of each year (beginning with 2004) the change in the value of the input price index under clause (i) from the previous year to the year involved. ``(C) Productivity adjustment factor.--The Secretary shall estimate, and cause to be published in the Federal Register not later than November 1 before the beginning of each year (beginning with 2004), a productivity adjustment factor that reflects the Secretary's estimate of growth in multifactor productivity in the national economy, taking into account growth in productivity attributable to both labor and nonlabor factors. Such adjustment may be based on a multi-year moving average of productivity (based on data published by the Bureau of Labor Statistics).''. (b) Conforming Amendments.--Section 1848 of the such Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (d)(1)(A), by striking ``subparagraph (B))'' and all that follows and inserting the following: ``subparagraph (B))-- ``(i) for years before 2001, adjusted by the update (established under paragraph (3)) for the year involved; ``(ii) for 2001 and 2002, multiplied by the update (established under paragraph (4)) for the year involved; ``(iii) for 2003, multiplied by the update (established under paragraph (5)) for that year; and ``(iv) for 2004 and each subsequent year, multiplied by the update (established under paragraph (6)) for the year involved.''; (2) by striking clause (i) of subsection (d)(1)(E) and inserting the following: ``(i) cause to have published in the Federal Register not later than November 1-- ``(I) of 2000 and each subsequent year, the conversion factor which will apply to physicians' services for the succeeding year; ``(II) of 2000 and 2001, the update determined under paragraph (4) for such succeeding year and the allowed expenditures under such paragraph for the succeeding year; ``(III) of 2002, the update determined under paragraph (5) for 2003; and ``(IV) of 2003 and each subsequent year, the update determined under paragraph (6) for the succeeding year; and''; (3) in subsection (d)(1)(E)(ii), by inserting ``(for years before 2003)'' after ``the sustainable growth rate''; (4) in subsection (d)(4)-- (A) in the heading, by striking ``years beginning with 2001'' and inserting ``2001 and 2002''; (B) in subparagraph (A), in the matter preceding clause (i), by striking ``for a year beginning with 2001'' and inserting ``for 2001 and 2002''; (C) in subparagraph (C)(iii), by striking ``Years beginning with 2000.--The allowed expenditures for a year (beginning with 2000)'' and inserting ``2000 and 2001.--The allowed expenditures for each of years 2000 and 2001''; (D) in subparagraph (E), by striking ``beginning with 2001'' and ``for a year beginning with 2001'' and inserting ``2001 and 2002'' and ``for 2001 and 2002'', respectively; and (E) in subparagraph (F), by striking ``subparagraph (A)'' and all that follows and inserting ``subparagraph (A), for each of 2001 and 2002, of -0.2 percent.''; and (5) in subsection (f)-- (A) in paragraph (1)(B), by striking ``November 1 of each succeeding year'' and inserting ``November 1, 2001,''; (B) in paragraph (2), by inserting ``and ending with 2002'' after ``beginning with 2000''; (C) in paragraph (3), by striking ``for a year beginning with 2001'' and inserting ``for 2001 and 2002''; (D) by striking subparagraph (C) of paragraph (3); and (E) in paragraph (4)(C)(ii), by inserting ``and ending with 2002'' after ``beginning with 2000''. (c) MedPAC Report on Payment for Physicians' Services.--Not later than 1 year after the date of the enactment of this Act, the Medicare Payment Advisory Commission shall submit to Congress a report on the effect of refinements to the practice expense component of payments for physicians' services, after the transition to full resource-based payment system in 2002, under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) that examines the following matters by physician specialty: (1) The effect of such refinements on payment for physicians' services. (2) The interaction of the practice expense component with other components of and adjustments to payment for physicians' services under such section. (3) The appropriateness of the amount of compensation by reason of such refinements on physicians. (4) The effect of such refinements on access to care by medicare beneficiaries to physicians' services. (5) The effect of such refinements on physician participation under the medicare program.

Preserving Patient Access to Physicians Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the Medicare physician payment update system, to: (1) specify the update to the single conversion factor for 2003; (2) prescribe an update for years beginning with 2004; (3) direct the Secretary of Health and Human Services to establish an index that reflects the weighted-average input prices for physicians' services for a year; and (4) require the Secretary to estimate annually a productivity adjustment factor reflecting estimated growth in multifactor productivity attributable to both labor and nonlabor factors. (Thus eliminates the sustainable growth rate (SGR) payment update system).

To amend title XVIII of the Social Security Act to reform the Medicare physician payment update system through repeal of the sustainable growth rate (SGR) payment update system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Health Care Subsidies for Illegal Aliens Act of 2011''. SEC. 2. PROCEDURES FOR ELIGIBILITY DETERMINATIONS UNDER TITLE I OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT. (a) Requirements for In-Person Attestation of Citizenship Status or Status as Eligible Lawful Permanent Resident.--Section 1411 of the Patient Protection and Affordable Care Act is amended-- (1) in subsection (a), by striking ``Establishment of Program.--'' and all that follows through ``determining--'' and inserting ``Verification Process.--The Secretary shall ensure that eligibility determinations required by this Act are conducted in accordance with the requirements of this section, including requirements for determining--''; (2) in subsection (a)(1), by inserting ``eligible'' before ``alien''; and (3) in subsection (b)(1)-- (A) by striking ``provide--'' and inserting ``appear in person to provide the Exchange with the following:''; and (B) by redesignating subparagraph (B) as subparagraph (C), by striking ``and'' at the end of subparagraph (A), and by inserting after subparagraph (A) the following: ``(B) a sworn statement, under penalty of perjury, specifically attesting to the fact that the enrollee is either-- ``(i) a citizen or national of the United States; or ``(ii) an alien who meets the requirements under under subsection (a)(1) for eligibility for coverage under a qualified health plan offered through an Exchange; and''. (b) Requirements for Establishment of Status.-- (1) In general.--Section 1411(b)(2) of such Act is amended by striking subparagraphs (A) and (B) and inserting the following: ``(A) Evidence of citizenship or nationality.--In the case of an enrollee whose eligibility is based on attestation of citizenship of the enrollee, satisfactory documentary evidence, provided by the applicant, of citizenship or nationality (within the meaning of section 1903(x) of the Social Security Act (42 U.S.C. 1396b)). ``(B) Evidence of satisfactory immigration status.--In the case of an enrollee whose eligibility is based on attestation of the enrollee's immigration status-- ``(i) such information as is necessary for the applicant to demonstrate that the enrollee is in ``satisfactory immigration status'' as defined and in accordance with the Systematic Alien Verification for Entitlements (SAVE) program established by section 1137 of the Social Security Act (42 U.S.C. 1320b-7), and ``(ii) such other additional identifying information as the Secretary, in consultation with the Secretary of Homeland Security, may require in order for the applicant to demonstrate satisfactory immigration status of the enrollee.''. (2) Verification of eligibility by exchange through documentation.-- (A) Eligibility verification by exchange.--Section 1411(c) of such Act is amended-- (i) by striking the subsection heading and inserting ``Verification of Eligibility Through Documentation.--''; and (ii) by striking paragraphs (1) and (2) and inserting the following: ``(1) In general.--Each Exchange shall conduct eligibility verification, using the information provided by an applicant under subsection (b), in accordance with this subsection. ``(2) Verification of citizenship or immigration status.-- ``(A) Verification of attestation of citizenship.-- Each Exchange shall verify, based on satisfactory documentary evidence of citizenship or nationality provided in accordance with subsection (b)(2)(A), the eligibility for enrollment of each individual who has been attested by an applicant, as required by subsection (b)(1)(B), to be a citizen or national of the United States. ``(B) Verification of attestation of eligible immigration status.--Each Exchange shall verify, based on evidence provided pursuant to subsection (b)(2)(B), the eligibility for enrollment of each individual who has been attested by an applicant, as required by subsection (b)(1)(B), to be an alien who is eligible for coverage under a qualified health plan offered through an Exchange.''. (B) Documentation provided with application.-- Section 1411(b)(1)(C) of such Act (as redesignated under subsection (a)(3)(A)) is amended by inserting ``and documentation thereof in accordance with this section'' before the period. (3) Elimination of secretarial authority to make modifications to methods for verification.--Section 1411(c)(4) of such Act is amended-- (A) by striking ``Methods.--'' and all that follows through ``The Secretary, in consultation'' and inserting ``Methods.--The Secretary, in consultation''; (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively. (4) Conforming amendments relating to requirements for secretarial verification.-- (A) In general.--Section 1411 of such Act is amended by striking subsection (d) and redesignating subsections (e) through (i) as subsections (d) through (h), respectively. (B) Additional conforming amendments.--Subsection (d) of such section 1411 (as redesignated by subparagraph (A)) is amended-- (i) in paragraph (1), by striking the last sentence; and (ii) in subparagraphs (A) and (B) of paragraph (2), by striking ``subsections (c) and (d)'' each place it appears and inserting ``subsection (c)''. (5) Treatment of inconsistencies in accordance with existing process.--Section 1411(d)(3) of such Act (as redesignated by paragraph (4)(A)) is amended by striking ``under section 1902(ee) of the Social Security Act (as in effect on January 1, 2010)'' and inserting ``pursuant to the verification process established consistent with section 1137 of the Social Security Act (as in effect as of January 1, 2011)''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply as if included in the enactment of the Patient Protection and Affordable Care Act.

No Health Care Subsidies for Illegal Aliens Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to revise the procedures for determining eligibility for participation in a state health care insurance exchange (Exchange), with respect to citizenship or immigration status, to: (1) require an applicant for enrollment in a qualified health plan (enrollee) to appear in person at an Exchange and submit a sworn statement, under penalty of perjury, that the enrollee is a citizen or national of the United States or an eligible alien; (2) expand the documentary evidence that enrollees must submit for purposes of verifying eligibility; (3) require Exchanges (currently, the Secretary of Health and Human Services [HHS]) to verify citizenship or immigration status of enrollees based on satisfactory documentary evidence;  (4) eliminate the authority of the Secretary to modify the methods used to verify enrollee eligibility; and (5) eliminate provisions authorizing the Secretary to verify the accuracy of submitted information. Applies this Act as if included in the enactment of PPACA.

To amend title I of the Patient Protection and Affordable Care Act to provide for appropriate procedures under such title for verification of citizenship status.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Trails System Willing Seller Act''. SEC. 2. AUTHORITY TO ACQUIRE LAND FROM WILLING SELLERS FOR CERTAIN TRAILS. (a) Oregon National Historic Trail.--Section 5(a)(3) of the National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \1/4\ mile on either side of the trail.''. (b) Mormon Pioneer National Historic Trail.--Section 5(a)(4) of the National Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \1/4\ mile on either side of the trail.''. (c) Continental Divide National Scenic Trail.--Section 5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \1/4\ mile on either side of the trail.''. (d) Lewis and Clark National Historic Trail.--Section 5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \1/4\ mile on either side of the trail.''. (e) North Country National Scenic Trail.--Section 5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.''. (f) Ice Age National Scenic Trail.--Section 5(a)(10) of the National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.''. (g) Potomac Heritage National Scenic Trail.--Section 5(a)(11) of the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended-- (1) by striking the fourth and fifth sentences; and (2) by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.''. (h) Nez Perce National Historic Trail.--Section 5(a)(14) of the National Trails System Act (16 U.S.C. 1244(a)(14)) is amended-- (1) by striking the fourth and fifth sentences; and (2) by adding at the end the following: ``No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than \1/4\ mile on either side of the trail.''. SEC. 3. CONFORMING AMENDMENT. Section 10 of the National Trails System Act (16 U.S.C. 1249) is amended by striking subsection (c) and inserting the following: ``(c) Authorization of Appropriations.-- ``(1) In general.--Except as otherwise provided in this Act, there are authorized to be appropriated such sums as are necessary to implement the provisions of this Act relating to the trails designated by section 5(a). ``(2) Natchez trace national scenic trail.-- ``(A) In general.--With respect to the Natchez Trace National Scenic Trail (referred to in this paragraph as the `trail') designated by section 5(a)(12)-- ``(i) not more than $500,000 shall be appropriated for the acquisition of land or interests in land for the trail; and ``(ii) not more than $2,000,000 shall be appropriated for the development of the trail. ``(B) Participation by volunteer trail groups.--The administering agency for the trail shall encourage volunteer trail groups to participate in the development of the trail.''.

National Trails System Willing Seller Act - Amends the National Trails System Act to: (1) prohibit the federal acquisition of land and interest in land outside the exterior boundaries of any federally administered area, except with the owner's consent, for the Oregon, Mormon Pioneer, Lewis and Clark, and Nez Perce National Historic Trails and the Continental Divide, North Country, Ice Age, and Potomac Heritage National Scenic Trails; and (2) provide that federal authority to acquire fee title shall be limited to an average of not more than one-quarter mile on either side of the Oregon, Mormon Pioneer, Continental Divide, Lewis and Clark, and Nez Perce trails. Authorizes appropriations to implement the provisions of the Act relating to trails designated by the Act as national scenic or historic trails. Limits funding for the acquisition of land or interests for, or for the development of, the Natchez Trace National Scenic Trail. Instructs the administering agency for the Natchez Trace National Scenic Trail to encourage volunteer trail groups' participation in the development of such Trail.

To amend the National Trails System Act to clarify Federal authority relating to land acquisition from willing sellers for the majority of the trails in the System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Education Enhancement Opportunities Act of 2006''. SEC. 2. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER THE MONTGOMERY GI BILL. (a) In General.--Chapter 30 of title 38, United States Code, is amended by inserting after section 3018C the following new section: ``Sec. 3018D. Opportunity for certain active-duty personnel to enroll ``(a)(1) Notwithstanding any other provision of law, an individual described in subsection (b) who makes an irrevocable election under this section during the one-year period beginning on the date of the enactment of this section, shall be entitled to basic educational assistance under this chapter. ``(2) The Secretary of each military department shall provide for procedures for a qualified individual to make an irrevocable election under this section in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy. ``(b) An individual described in this subsection is an individual who-- ``(1) first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces on or after January 1, 1977, and before July 1, 1985; ``(2) has served on active duty without a break in service since the date the individual first became such a member or first entered on active duty as such a member and continues to serve on active duty for some or all of the one-year period referred to in subsection (a); ``(3) has not enrolled in the educational benefits program provided by chapter 32 of this title; ``(4) before making an election under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree; and ``(5) when discharged or released from active duty, is discharged or released therefrom with an honorable discharge. ``(c)(1) Subject to the succeeding provisions of this subsection, with respect to an individual described in subsection (b) who makes an election under this section to become entitled to basic educational assistance under this chapter-- ``(A) the basic pay of the individual shall be reduced (in a manner determined by the Secretary concerned) until the total amount by which such basic pay is reduced is $2,700; and ``(B) to the extent that the basic pay of the individual is not so reduced before the qualified individual's discharge or release from active duty as specified in subsection (b)(4), at the election of the qualified individual, the Secretary concerned shall collect from the qualified individual or reduce the retired or retainer pay of the qualified individual by an amount equal to the difference between $2,700 and the total amount of reductions under subparagraph (A), which shall be paid into the Treasury of the United States as miscellaneous receipts. ``(2)(A) The Secretary concerned shall provide for an 18-month period, beginning on the date the individual makes an election under this section, for the individual to pay that Secretary the amount due under paragraph (1). ``(B) Nothing in subparagraph (A) shall be construed as modifying the period of eligibility for and entitlement to basic educational assistance under this chapter applicable under section 3031 of this title. ``(d) With respect to individuals described in subsection (b) from whom the Secretary is required to collect an amount under paragraph (1) of subsection (c), no amount of educational assistance allowance under this chapter shall be paid to the individual until the earlier of the date on which-- ``(1) the Secretary concerned collects the applicable amount under subparagraph (A) of such paragraph; or ``(2) the retired or retainer pay of the individual is first reduced under subparagraph (B) of such paragraph. ``(e) The Secretary, in conjunction with the Secretary of Defense, shall provide for notice of the opportunity under this section to elect to become entitled to basic educational assistance under this chapter.''. (b) Conforming Amendments.--Such title is further amended-- (1) in section 3013(d), by striking ``or 3018C'' and inserting ``3018C, or 3018D''; and (2) in section 3017(b)(1) of such title is amended-- (A) in subparagraphs (A) and (C), by striking ``or 3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and (B) in subparagraph (B), by inserting ``or 3018D(c)'' after ``under section 3018C(e)''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of such title is amended by inserting after the item relating to section 3018C the following new item: ``3018D. Opportunity for certain active-duty personnel to enroll.''.

Military Education Enhancement Opportunities Act of 2006 - Allows certain active duty members of the Armed Forces to elect to receive basic educational assistance benefits.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Receiving Electronic Statements To Improve Retiree Earnings Act''. SEC. 2. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION. (a) Amendments to Employee Retirement Income Security Act of 1974.-- (1) In general.--Part 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``SEC. 112. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION. ``A document of any type that is required or permitted under this title to be furnished to a plan participant, beneficiary, or other individual with respect to a pension plan may be furnished in electronic form if-- ``(1) the system for furnishing such a document-- ``(A) is designed to result in effective access to the document by the participant, beneficiary, or other specified individual through electronic means, including-- ``(i) the direct delivery of material to an electronic address of such participant, beneficiary, or individual, ``(ii) the posting of material to a website or other internet or electronic-based information repository to which access has been granted to such participant, beneficiary, or individual, but only if proper notice of the posting has been provided (which may include notice furnished by other electronic means if the content of the notice conveys the need to take action to access the posted material), and ``(iii) other electronic means reasonably calculated to ensure actual receipt of the material by such participant, beneficiary, or individual, ``(B) permits the participant, beneficiary, or other individual to select the specific electronic means through which such a document shall be furnished, to modify that selection at any time, or to elect at any time to begin receiving paper versions of such documents at no additional direct cost to the individual, and ``(C) protects the confidentiality of personal information relating to such participant's, beneficiary's, or individual's accounts and benefits, ``(2) an annual paper notice is provided to each participant, beneficiary, or other individual that describes-- ``(A) the selection of the specific electronic means for the furnishing of such documents made by the participant, beneficiary, or other individual under paragraph (1)(B) in effect at the time of the provision of the notice, or ``(B) if applicable, the election made by the participant, beneficiary, or other individual under paragraph (1)(B) to be furnished paper versions of such documents, and ``(3) the electronically furnished document-- ``(A) is prepared and furnished in a manner that is consistent with the style, format, and content requirements applicable to the particular document, and ``(B) includes a notice that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted. For purposes of this section, the term `document' includes reports, statements, notices, notifications, and other information.''. (2) Conforming amendment.--The table of contents in section 1 of such Act (29 U.S.C. 1001 note) is amended by inserting after the item relating to section 111 the following: 112. Electronic communication of pension plan information. (b) Amendment to Internal Revenue Code of 1986.--Section 414 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(z) Electronic Communication of Pension Plan Information.--A document of any type that is required or permitted under this title to be furnished to a plan participant, beneficiary, or other individual with respect to a plan to which this subchapter or section 457 applies may be furnished in electronic form if-- ``(1) the system for furnishing such a document-- ``(A) is designed to result in effective access to the document by the participant, beneficiary, or other specified individual through electronic means, including-- ``(i) the direct delivery of material to an electronic address of such participant, beneficiary, or individual, ``(ii) the posting of material to a website or other internet or electronic-based information repository to which access has been granted to such participant, beneficiary, or individual, but only if proper notice of the posting has been provided (which may include notice furnished by other electronic means if the content of the notice conveys the need to take action to access the posted material), and ``(iii) other electronic means reasonably calculated to ensure actual receipt of the material by such participant, beneficiary, or individual, ``(B) permits the participant, beneficiary, or other individual to select the specific electronic means through which such a document shall be furnished, to modify that selection at any time, or to elect at any time to begin receiving paper versions of such documents at no additional direct cost to the individual, and ``(C) protects the confidentiality of personal information relating to such participant's, beneficiary's, or individual's accounts and benefits, ``(2) an annual paper notice is provided to each participant, beneficiary, or other individual that describes-- ``(A) the selection of the specific electronic means for the furnishing of such documents made by the participant, beneficiary, or other individual under paragraph (1)(B) in effect at the time of the provision of the notice, or ``(B) if applicable, the election made by the participant, beneficiary, or other individual under paragraph (1)(B) to be furnished paper versions of such documents, and ``(3) the electronically furnished document-- ``(A) is prepared and furnished in a manner that is consistent with the style, format, and content requirements applicable to the particular document, and ``(B) includes a notice that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted. For purposes of this subsection, the term `document' includes reports, statements, notices, notifications, and other information.''. (c) Effective Date.--The amendments made by this section shall apply with respect to documents furnished with respect to plan years beginning after December 31, 2015.

Receiving Electronic Statements To Improve Retiree Earnings Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to authorize a document of any type that is required or permitted to be furnished to a retirement plan participant, beneficiary, or other individual to be furnished in electronic form if: (1) the system for furnishing such a document is designed to result in effective access to the document; (2) an annual paper notice is provided to each pension plan participant, beneficiary, or other individual that describes the selection of the specific electronic means for the furnishing of such document; and (3) the electronically-furnished document is prepared and furnished in an appropriate style and format and includes a notice that apprises the recipient of the significance of the document.

Receiving Electronic Statements To Improve Retiree Earnings Act

SECTION 1. SHORT TITLE. This act may be referred to as the ``Tenth Amendment Enforcement Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (a) in most areas of governmental concern, State governments possess both the Constitutional authority and the competence to discern the needs and the desires of the People and to govern accordingly; (b) Federal laws and agency regulations, which have interfered with State powers in areas of State jurisdiction, should be restricted to powers delegated to the Federal Government by the Constitution; (c) the framers of the Constitution intended to bestow upon the Federal Government only limited authority over the States and the People; (d) under the Tenth Amendment to the Constitution, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; and (e) the courts, which have in general construed the Tenth Amendment not to restrain the Federal Government's power to act in areas of state jurisdiction, should be directed to strictly construe Federal laws and regulations which interfere with State powers with a presumption in favor of State authority and against Federal preemption. SEC. 3. CONGRESSIONAL DECLARATION. (a) On or after January 1, 1997, any statute enacted by Congress shall include a declaration-- (1) that authority to govern in the area addressed by the statute is delegated to Congress by the Constitution, including a citation to the specific Constitutional authority relied upon; (2) that Congress specifically finds that it has a greater degree of competence than the States to govern in the area addressed by the statute; and (3) if the statute interferes with State powers or preempts any State or local government law, regulation or ordinance, that Congress specifically intends to interfere with State powers or preempt State or local government law, regulation, or ordinance, and that such preemption is necessary. (b) Congress must make specific factual findings in support of the declarations described in this section. SEC. 4. POINT OF ORDER. (a) In General.-- (1) Information required.--It shall not be in order in either the Senate or House of Representatives to consider any bill, joint resolution, or amendment that does not include a declaration of Congressional intent as required under section 3. (2) Supermajority required.--The requirements of this subsection may be waived or suspended in the Senate or House of Representatives only by the affirmative vote of three-fifths of the Members of that House duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate or House of Representatives duly chosen and sworn shall be required to sustain an appeal of the ruling of the chair on a point of order raised under this subsection. (b) Rule Making.--This section is enacted-- (1) as an exercise of the rule-making power of the Senate and House of Representatives, and as such, it is deemed a part of the rules of the Senate and House of Representatives, but is applicable only with respect to the matters described in sections 3 and 4 and supersedes other rules of the Senate or House of Representatives only to the extent that such sections are inconsistent with such rules; and (2) with full recognition of the Constitutional right of the Senate or House of Representatives to change such rules at any time, in the same manner as in the case of any rule of the Senate or House of Representatives. SEC. 5. EXECUTIVE PREEMPTION OF STATE LAW. (a) In General.--Chapter 5 of title 5, United States Code, is amended by inserting after section 559 the following new section: ``SEC. 560. PREEMPTION OF STATE LAW. ``(a) No executive department or agency or independent agency shall construe any statutory authorization to issue regulations as authorizing preemption of State law or local ordinance by rule-making or other agency action unless-- ``(1) the statute expressly authorizes issuance of preemptive regulations; and ``(2) the executive department, agency or independent agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. ``(b) Any regulatory preemption of State law shall be narrowly tailored to achieve the objectives of the statute pursuant to which the regulations are promulgated and shall explicitly describe the scope of preemption. ``(c) When an executive branch department or agency or independent agency proposes to act through rule-making or other agency action to preempt State law, the department or agency shall provide all affected States notice and an opportunity for comment by duly elected or appointed State and local government officials or their designated representatives in the proceedings. ``(1) The notice of proposed rule-making must be forwarded to the Governor, the Attorney General and the presiding officer of each chamber of the Legislature of each State setting forth the extent and purpose of the preemption. In the table of contents of each Federal Register, there shall be a separate list of preemptive regulations contained within that Register. ``(d) Unless a final executive department or agency or independent agency rule or regulation contains an explicit provision declaring the Federal Government's intent to preempt State or local government powers and an explicit description of the extent and purpose of that preemption, the rule or regulation shall not be construed to preempt any State or local government law, ordinance or regulation. ``(e) Each executive department or agency or independent agency shall publish in the Federal Register a plan for periodic review of the rules and regulations issued by the department or agency that preempt, in whole or in part, State or local government powers. This plan may be amended by the department or agency at any time by publishing a revision in the Federal Register. ``(1) The purpose of this review shall be to determine whether and to what extent such rules are to continue without change, consistent with the stated objectives of the applicable statutes, or are to be altered or repealed to minimize the effect of the rules on State or local government powers.''. (b) Any Federal rule or regulation promulgated after January 1, 1997, that is promulgated in a manner inconsistent with this section shall not be binding on any State or local government, and shall not preempt any State or local government law, ordinance, or regulation. (c) Conforming Amendment.--The table of sections for chapter 5 of title 5, United States Code, is amended by adding after the item for section 559 the following: ``560. Preemption of State Law.''. SEC. 6. CONSTRUCTION. (a) No statute, or rule promulgated under such statute, enacted after the date of enactment of this Act, shall be construed by courts or other adjudicative entities to preempt, in whole or in part, any State or local government law, ordinance or regulation unless the statute, or rule promulgated under such statute, contains an explicit declaration of intent to preempt, or unless there is a direct conflict between such statute and a State or local government law, ordinance, or regulation, such that the two cannot be reconciled or consistently stand together. (b) Notwithstanding any other provisions of law, any ambiguities in this Act, or in any other law of the United States, shall be construed in favor of preserving the authority of the States and the People. (c) If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby.

Tenth Amendment Enforcement Act of 1996 - Requires that, on or after January 1, 1997, any statute enacted by the Congress must include specified findings and declarations about the Constitutional authority of the Congress in enacting such statute to preempt State and local laws. Makes it out of order for the Senate or House of Representatives to consider any legislation that does not include such declarations, unless a supermajority in either House vote otherwise. Amends Federal law to prohibit any executive department or agency (Federal agency) from construing any statutory authorization to issue regulations as authorizing preemption of State law or local ordinance by rule-making or other agency action, unless the statute expressly authorizes issuance of preemptive regulations and the agency concludes that the exercise of State power directly conflicts with the exercise of Federal power under the Federal statute, such that the State statutes and the Federal rule promulgated under the Federal statute cannot be reconciled or consistently stand together. Provides for notice and opportunity for State comment when a Federal agency proposes preemptive rule making or other agency action. Requires each Federal agency to publish in the Federal Register a plan for periodic review of rules and regulations preempting State or local government powers.

Tenth Amendment Enforcement Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Medical Malpractice Information Reporting and Competition Act of 2005''. SEC. 2. ESTABLISHMENT OF OFFICE OF HEALTH CARE COMPETITION WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES. (a) In General.--There is established within the Department of Health and Human Services an Office to be known as the Office of Health Care Competition Policy (in this section referred to as the ``Office''). The Office shall be headed by a Director, who shall be appointed by the Secretary of such Department. (b) Duties.-- (1) Responsibility for national practitioner data base.-- The Office shall be responsible for activities of the Secretary under part B of title IV of the Health Care Quality Improvement Act of 1986 (title IV of Public Law 99-660), including the National Practitioner Data Base under such part. (2) Annual report.--The Director of the Office shall submit a report each year to the Secretary of Health and Human Services on activities conducted under such part. SEC. 3. CHANGES IN NATIONAL PRACTITIONER DATA BASE PROVISIONS. (a) Requiring Additional Reports on Medical Malpractice Insurance and Claims.--Part B of title IV of the Health Care Quality Improvement Act of 1986 (title IV of Public Law 99-660) is amended by inserting after section 421 the following new section: ``SEC. 421A. REQUIRING REPORTS ON MEDICAL MALPRACTICE INSURANCE AND CLAIMS. ``(a) In General.--Each entity (including an insurance company) which underwrites a policy of insurance for medical malpractice actions or claims shall report, in accordance with section 424, information respecting such insurance and claims for payment under such policy. Such information shall be in addition to, and may be coordinated with, the information required to be reported under section 421. ``(b) Information to Be Reported.-- ``(1) In general.--The information to be reported under subsection (a) by an entity with respect to a medical malpractice insurance policy includes the following: ``(A) Direct premiums written. ``(B) Direct premiums earned. ``(C) Net investment income, including net realized capital gains and losses, using appropriate estimates where necessary. ``(D) Incurred claims, developed as the sum of the following (the report shall include data for each of the following): ``(i) Dollar amount of claims closed with payment; plus. ``(ii) Reserves for reported claims at the end of the current year; minus. ``(iii) Reserves for reported claims at the end of the previous year; plus. ``(iv) Reserves for incurred but not reported claims at the end of the current year; minus. ``(v) Reserves for incurred but not reported claims at the end of the previous year; plus. ``(vi) Loss adjustment expenses for claims closed; plus. ``(vii) Reserves for loss adjustment expense at the end of the current year; minus. ``(viii) Reserves for loss adjustment expense at the end of the previous year. ``(E) Actual incurred expenses allocated separately to loss adjustment, commissions, other acquisition costs, advertising, general office expenses, taxes, licenses and fees, and all other expenses. ``(F) Net underwriting gain or loss. ``(G) Net operation gain or loss, including net investment income. ``(H) The number and dollar amount of claims closed with payment by year incurred, the amount reserved for each claim, the year(s) in which the reserves were set, and the amounts set in each year. ``(I) The number of claims closed without payment, the dollar amount reserved for each claim, the years in which reserves were set, and the amounts set in each. ``(J) The number of claims pending at the end of each year, the amount of reserve[d] for each claim, the year(s) in which the reserves were set, and the amounts set in each year. ``(2) Claims paid.--Such report shall also include the following: ``(A) For claims paid by the insurer during the calendar year, in which a verdict had at any time been rendered. ``(i) The dollar amount paid by the insurance company; and ``(ii) The dollar amount of the original verdict. ``(B) For claims paid by the insurer during the calendar year, in which a verdict had at any time been rendered. ``(i) The dollar amount of the original verdict, broken out as follows: ``(I) The total amount of past economic damages assessed by the trier of fact. ``(II) The total amount of future economic damages assessed by the trier of fact. ``(III) The total amount of compensatory non-economic damages assessed by the trier of fact. ``(IV) The total amount of punitive damages assessed by the trier of fact. ``(ii) The dollar amount paid by all parties. ``(iii) The dollar amount paid by the insurer. ``(iv) The number of claims paid by the insurer. ``(C) For claims paid by the insurer during the calendar year, in which a verdict had never been rendered. ``(i) The total amount paid by the insurer broken out as follows: ``(I) The amount of the plaintiff's past economic damages, as submitted by the plaintiff. ``(II) The amount of the plaintiff's future economic damages, as estimated by the insurer. ``(III) The amount paid by the insurer for other damages. ``(ii) The number of claims paid by the insurer. ``(D) The number of claims in which the insurer paid-- ``(i) more than $250,000 in non-economic damages; and ``(ii) more than $500,000 in non-economic damages. ``(E) For claims paid by the insurer during the calendar year, the number of claims in which-- ``(i) punitive damages were assessed by the trier of fact; ``(ii) punitive damages were paid by any party; and ``(iii) punitive damages were paid by the insurer. ``(F) For claims paid by the insurer during the calendar year-- ``(i) the dollar amount of punitive damages assessed by the trier of fact; ``(ii) the dollar amount of punitive damages paid by all parties; and ``(iii) the dollar amount of punitive damages paid by the insurer. ``(G) The number and dollar amount of claims paid by the insurer during the calendar year in which parties other than the insured-- ``(i) had at any time been found liable by the trier of fact; or ``(ii) had been estimated by the insurance company to have some liability. ``(H) For those claims identified in paragraph (7), the amount by which the amount paid by the insurer exceeds the amount proportional to the insured's percentage of responsibility. ``(I) Such other information as the Secretary determines is required for appropriate interpretation of information reported under this section. ``(c) Sanctions for Failure to Report.--The provisions of section 421(c) shall apply to information required to be reported under this section in the same manner as they apply to the reporting of information on a payment required to be reported under section 421. ``(d) Coordination of Information Reporting.--The Secretary shall provide for the coordination of reporting of information under this section with the reporting of related information under section 421.''. (b) Inclusion and Availability of Information.--Section 427(b) of such Act (42 U.S.C. 11137(b)) is amended by adding at the end the following new paragraph: ``(4) Availability of public file data.--Notwithstanding the previous provisions of this subsection, the Secretary shall make available, for free from the website maintained in connection with the data base established to carry out this part, information reported under sections 421 and 421A which does not provide for individually identifiable information.''. (c) Effective Date.--The amendments made by this section shall take effect 6 months after the date of the enactment of this Act.

Improved Medical Malpractice Information Reporting and Competition Act of 2005 - Establishes the Office of Health Care Competition Policy within the Department of Health and Human Services (HHS) with responsibility for the National Practitioner Data Bank. Amends the Health Care Quality Improvement Act of 1986 to require each entity that underwrites a policy of insurance for medical malpractice actions or claims to report information respecting such insurance or claims for payment under such policy. Specifies information to be reported, including: (1) direct premiums written and earned; (2) net investment income; (3) incurred claims; (4) actual incurred expenses; (5) net operation gain or loss; and (6) certain information on claims for the year, including claims paid and verdict amounts. Sets forth a civil penalty for failure to comply with this Act. Requires the Secretary of HHS to make the information reported that does not provide individually identifiable information available on the Data Bank website.

To establish an Office of Health Care Competition within the Department of Health and Human Services to administer the National Practitioner Data Base and to collect and make available to the public more information on medical malpractice insurance under that Data Base.

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 ``Administrator 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 youth service agencies, family social services, child care providers, Head Start, schools and after-school programs, early childhood development programs, community-based family resource and support centers, the criminal justice system, health, substance abuse and mental health providers through screenings conducted during regular childhood examinations and other examinations, self and family member referrals, substance abuse treatment services, and other providers of services to children and families; and''; and (C) by adding at the end the following: ``(D) to provide education and training to health, substance abuse and mental health professionals, and other providers of services to children and families through youth service agencies, family social services, child care, Head Start, schools and after-school programs, early childhood development programs, community-based family resource and support centers, the criminal justice system, and other providers of 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: ``(ii) the entity will identify children who may be eligible for medical assistance under a State program under title XIX or XXI 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,''; (2) by striking paragraph (5) and inserting the following: ``(5) Developmentally and age-appropriate drug and alcohol early intervention, treatment and prevention services.''; and (3) by inserting after paragraph (8), the following: ``Services shall be provided under paragraphs (2) through (8) by a public health nurse, social worker, or similar professional, or by a trained worker from the community who is supervised by a professional, or by an entity, where the professional or entity provides assurances that the professional or entity is licensed or certified by the State if required and is complying with applicable licensure or certification requirements.''. (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 colon the following: ``, or by an entity, where the professional or entity provides assurances that the professional or entity is licensed or certified by the State if required and is complying with applicable licensure or certification requirements''; 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.''; (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, pharmaco- therapy treatment, after-care services, and case management.''; (B) in subparagraph (C), by striking ``, including educational and career planning'' and inserting ``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''; and (3) in paragraph (3)(D), by inserting ``which include child abuse and neglect prevention techniques'' before the period. (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 striking ``drug treatment'' and inserting ``drug early intervention, prevention or 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''; and (2) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (f) Reports to the Secretary.--Section 399D(i)(6) of the Public Health Service Act (42 U.S.C. 280d(i)(6)) is amended-- (1) in subparagraph (B), by adding ``and'' at the end; and (2) by striking subparagraphs (C), (D), and (E) and inserting the following: ``(C) the number of case workers or other professionals trained to identify and address substance abuse issues.''. (g) Evaluations.--Section 399D(l) of the Public Health Service Act (42 U.S.C. 280d(l)) is amended-- (1) in paragraph (3), by adding ``and'' at the end; (2) in paragraph (4), by striking the semicolon and inserting the following: ``, including increased participation in work or employment-related activities and decreased participation in welfare programs.''; and (3) by striking paragraphs (5) and (6). (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)-- (A) in subparagraph (A), by adding ``and'' at the end; (B) in subparagraph (B), by striking the semicolon and inserting a period; and (C) by striking subparagraphs (C), (D), and (E); 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 2000, and such sums as may be necessary for fiscal year 2001.''. (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 Providers of Services to Children and Families.--The Secretary may make a grant under subsection (a) for the training of health, substance abuse and mental health professionals and other providers of services to children and families through youth service agencies, family social services, child care providers, Head Start, schools and after-school programs, early childhood development programs, community-based family resource centers, the criminal justice system, and other providers of services to 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 understanding the nature of substance abuse, and obtaining substance abuse early intervention, 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)''.

Modifies reporting and evaluation requirements. Authorizes appropriations. 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 children and families to assist the professionals in recognizing drug and alcohol problems and to enhance their skills in identifying substance abuse and obtaining early intervention, prevention, and treatment resources.

Services for Children of Substance Abusers Reauthorization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Honesty in Energy Regulations Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) as a tool to justify Federal actions by the Secretary of Energy and the Administrator of the Environmental Protection Agency to address greenhouse gas emissions, including the regulation or prohibition of the exploration, mining, production, and use of coal and other fossil fuels as energy sources, the social cost of greenhouse gases, specifically the social cost of carbon and the social cost of methane, represents the hypothetical cost of 1 incremental ton of carbon dioxide or methane emissions in a given year; (2) the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003-- (A) guides Federal agencies on the development of regulatory impact analysis required under Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) and other authorities; and (B) instructs Federal agencies to include discount rates of 3 and 7 percent and evaluate the costs and benefits of the regulatory action that accrue to citizens and residents of the United States; (3) the social cost of carbon estimates were first developed in 2009 by an interagency working group that included the Secretary of Energy and the Administrator of the Environmental Protection Agency and fail to comply with the 3- and 7-percent discount rates prescribed by the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003; (4) while the document of the Office of Management and Budget entitled ``Circular A-4'' and dated September 17, 2003, specifies that, in carrying out an evaluation of the global effects of a rule, regulation, or action, the evaluation shall be reported separately from domestic costs and benefits of that rule, regulation, or action, the social cost of carbon instead calculates the global benefits in lieu of, not in addition to, the domestic effects of a rule, regulation, or action; (5) the use of the social cost of carbon estimates in rulemakings by the Secretary of Energy and the Administrator of the Environmental Protection Agency without an opportunity for public notice and comment violates scientific peer review requirements and the commitment of the President to transparent and open government, as outlined in the memorandum of the President entitled ``Transparency and Open Government: Memorandum for the Heads of Executive Departments and Agencies'' and dated January 21, 2009; (6) in July 2015, as part of a revision of the social cost of carbon in response to over 150 substantive comments and in acknowledgment of the faulty process by which the social cost of carbon estimates were developed, the Director of the Office of Management and Budget requested that the National Academies of Science, Engineering, and Medicine review and make recommendations for the improvement of the social cost of carbon estimates; (7) shortly after the commencement of the review referred to in paragraph (6), the Administrator of the Environmental Protection Agency used the social cost of methane estimate developed by the Administrator of the Environmental Protection Agency, without appropriate peer review or opportunity for public notice and comment, to justify the costs and benefits of-- (A) the proposed rule entitled ``Oil and Natural Gas Sector: Emission Standards for New and Modified Sources'' (80 Fed. Reg. 56593 (September 18, 2015)); and (B) the final rule entitled ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'' (81 Fed. Reg. 35824 (June 3, 2016)) and the accompanying regulatory impact analysis entitled ``Regulatory Impact Analysis of the Final Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'', prepared by the Environmental Protection Agency, Office of Air and Radiation, in May 2016 and identified by docket ID number EPA-HQ-OAR-2010-0505-7630; (8) continued use of the social cost of carbon and the social cost of methane by the Secretary of Energy and the Administrator of the Environmental Protection Agency ignores sound science for the purpose of eliminating the exploration, mining, production, and use of the abundant domestic sources of fossil fuel energy of the United States; and (9) the regulations of the Secretary of Energy and the Administrator of the Environmental Protection Agency are costing families of the United States billions of dollars each year and are justified, in large part, by the social cost of greenhouse gases, including the social cost of carbon and the social cost of methane. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Social cost of carbon.--The term ``social cost of carbon'' means-- (A) the social cost of carbon described in-- (i) the document entitled ``Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in February 2010; or (ii)(I) the document entitled ``Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013 and revised in November 2013 and July 2015, and published and revised by the Interagency Working Group on the Social Cost of Greenhouse Gases, United States Government, in August 2016; or (II) any successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. (4) Social cost of greenhouse gas.--The term ``social cost of greenhouse gas'' means-- (A) the social cost of any greenhouse gas that is described in any successor document to-- (i) the document entitled ``Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in February 2010; or (ii) the document entitled ``Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013 and revised in November 2013 and July 2015, and published and revised by the Interagency Working Group on the Social Cost of Greenhouse Gases, United States Government, in August 2016; or (iii) the document entitled ``Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide'', published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; and (B) any other estimate of the monetized damages associated with an incremental increase in greenhouse gas emissions in a given year. (5) Social cost of methane.--The term ``social cost of methane'' means-- (A) the estimate of the social cost of methane described in-- (i) the proposed rule entitled ``Oil and Natural Gas Sector: Emission Standards for New and Modified Sources'' (80 Fed. Reg. 56593 (September 18, 2015)); (ii) the final rule entitled ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'' (81 Fed. Reg. 35824 (June 3, 2016)); (iii) the regulatory impact analysis entitled ``Regulatory Impact Analysis of the Final Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources'', prepared by the Environmental Protection Agency, Office of Air and Radiation, in May 2016 and identified by docket ID number EPA-HQ-OAR-2010-0505-7630; or (iv)(I) the document entitled ``Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide'', published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; or (II) any successor or substantially related document; and (B) any other successor or substantially related estimate. (6) Social cost of nitrous oxide.--The term ``social cost of nitrous oxide'' means-- (A)(i) the social cost of nitrous oxide described in the document entitled ``Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide'', published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; or (ii) any other successor or substantially related document; and (B) any other estimate of the monetized damages associated with an incremental increase in nitrous oxide emissions in a given year. SEC. 4. PROHIBITION ON CONSIDERING THE SOCIAL COST OF GREENHOUSE GAS, INCLUDING THE SOCIAL COST OF CARBON, THE SOCIAL COST OF METHANE, AND THE SOCIAL COST OF NITROUS OXIDE. (a) In General.--The Secretary, under any authority, and the Administrator, under the Clean Air Act (42 U.S.C. 7401 et seq.), may not consider the social cost of carbon, social cost of methane, social cost of nitrous oxide, or social cost of greenhouse gas-- (1) as part of any cost-benefit analysis required under-- (A) any law; (B) Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); or (C) Executive Order 13563 (5 U.S.C. 601 note; relating to improving regulation and regulatory review); (2) in any rulemaking; (3) in the issuance of any guidance; (4) in taking any other agency action; or (5) as a justification for any rulemaking, guidance document, or agency action. (b) Exception.--The Secretary and the Administrator may consider the social cost of carbon, social cost of methane, social cost of nitrous oxide, or social cost of greenhouse gas in carrying out an activity described in subsection (a) only if, after the date of enactment of this Act, a Federal law is enacted that explicitly authorizes the consideration. SEC. 5. REPORT OF THE ADMINISTRATOR. Not later than 120 days after the date of enactment of this Act, the Administrator, in coordination and consultation with the Secretary, the Secretary of the Interior, and the Council on Environmental Quality, shall submit to the Committees on Environment and Public Works and Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing the number of proposed and final rulemakings, guidance documents, and agency actions that, since January 2009, have used the social cost of carbon, the social cost of methane, or the social cost of nitrous oxide, including the use of the social cost of carbon, the social cost of methane, or the social cost of nitrous oxide as part of any cost-benefit analysis required under Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) or other relevant authority.

Transparency and Honesty in Energy Regulations Act of 2016 This bill prohibits the Department of Energy and the Environmental Protection Agency (EPA) from considering the social cost of carbon, methane, nitrous oxide, or greenhouse gas as part of any cost benefit analysis, unless a federal law is enacted authorizing such consideration. The EPA must report on the number of proposed and final rulemakings, guidance documents, and agency actions since January 2009 that use those social costs, including as part of any cost benefit analysis required under Executive Order 12866 or other relevant authority.

Transparency and Honesty in Energy Regulations Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Solid Waste Importation and Management Act of 2006''. SEC. 2. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding after section 4010 the following new section: ``SEC. 4011. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. ``(a) State Authority to Address Importation and Management of Municipal Solid Waste.-- ``(1) In general.--Until the date on which all final regulations issued by the Administrator to implement and enforce the Agreement (including notice and consent provisions of the Agreement) become effective, a State may enact a law or laws or issue regulations or orders imposing limitations on the receipt and disposal of foreign municipal solid waste within the State. Laws, regulations, and orders enacted or issued before that date may continue in effect according to their terms after that date. ``(2) Effect on interstate and foreign commerce.--No State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce. ``(3) Trade and treaty obligations.--Nothing in this section affects, replaces, or amends prior law relating to the need for consistency with international trade obligations. ``(b) Authority of Administrator.-- ``(1) In general.--Beginning immediately after the date of enactment of this section, the Administrator shall-- ``(A) perform the functions of the Designated Authority of the United States described in the Agreement with respect to the importation and exportation of municipal solid waste under the Agreement; and ``(B) implement and enforce the notice and consent and other provisions of the Agreement. ``(2) Regulations.--Not later than 24 months after the date of enactment of this section, the Administrator shall issue final regulations with respect to the Administrator's responsibilities under paragraph (1). ``(3) Consent to importation.--In considering whether to consent to the importation under article 3(c) of the Agreement, the Administrator shall-- ``(A) give substantial weight to the views of the State or States into which the municipal solid waste is to be imported, and consider the views of the local government with jurisdiction over the location where the waste is to be disposed; ``(B) consider the impact of the importation on-- ``(i) continued public support for and adherence to State and local recycling programs; ``(ii) landfill capacity as provided in comprehensive waste management plans; ``(iii) air emissions from increased vehicular traffic; and ``(iv) road deterioration from increased vehicular traffic; and ``(C) consider the impact of the importation on homeland security, public health, and the environment. ``(4) Actions in violation of the agreement.--No person shall import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement. ``(c) Compliance Orders.--(1) Whenever on the basis of any information the Administrator determines that any person has violated or is in violation of this section, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. ``(2) Any order issued pursuant to this subsection shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. ``(d) Public Hearing.--Any order issued under this section shall become final unless, not later than 30 days after the order is served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. ``(e) Violation of Compliance Orders.--If a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order. ``(f) Definitions.--For purposes of this section: ``(1) Agreement.--The term `Agreement' means-- ``(A) the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, signed at Ottawa on October 28, 1986 (TIAS 11099) and amended on November 25, 1992; and ``(B) any regulations promulgated and orders issued to implement and enforce that Agreement. ``(2) Foreign municipal solid waste.--The term `foreign municipal solid waste' means municipal solid waste generated outside of the United States. ``(3) Municipal solid waste.-- ``(A) Waste included.--Except as provided in subparagraph (B), the term `municipal solid waste' means-- ``(i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and ``(ii) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials-- ``(I) are essentially the same as materials described in clause (i); and ``(II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. ``(B) Waste not included.--The term `municipal solid waste' does not include any of the following: ``(i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. ``(ii) Any solid waste, including contaminated soil and debris, resulting from-- ``(I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606); ``(II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or ``(III) a corrective action taken under this Act. ``(iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. ``(iv) Scrap rubber to be used as a fuel source. ``(v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. ``(vi) Any solid waste that is-- ``(I) generated by an industrial facility; and ``(II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. ``(vii) Any medical waste that is segregated from or not mixed with solid waste. ``(viii) Sewage sludge and residuals from any sewage treatment plant. ``(ix) Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households. ``(x) Solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation.''. (b) Table of Contents Amendment.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item relating to section 4010 the following new item: ``Sec. 4011. International transportation and disposal of municipal solid waste.''. Passed the House of Representatives September 6, 2006. Attest: KAREN L. HAAS, Clerk.

International Solid Waste Importation and Management Act of 2006 - Amends the Solid Waste Disposal Act to authorize states to enact laws or issue regulations or orders restricting the receipt and disposal of foreign municipal solid waste, as defined by this Act, within their borders until the Administrator of the Environmental Protection Agency (EPA) issues regulations implementing and enforcing the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada (Agreement). Declares that state actions authorized by this Act shall not be considered a burden on, or otherwise impede, interstate and foreign commerce. Requires the Administrator to: (1) perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the Agreement; (2) implement and enforce the notice and consent and other provisions of the Agreement; and (3) issue final regulations on the Administrator's responsibilities as Designated Authority of the United States. Requires the Administrator to give substantial weight to the views of affected states and local governments before consenting to the importation of foreign municipal solid waste into the United States under the Agreement, and to consider the impact of such importation on: (1) the continued public support for state and local recycling programs; (2) landfill capacities; (3) air emissions and road deterioration from increased vehicular traffic; and (4) homeland security, public health, and the environment. Makes it unlawful for any person to import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement. Authorizes the Administrator to assess civil penalties for any past or current violations of this Act or to commence a civil action in the U.S. district court. Limits the amount of such civil penalties to $25,000 per day of noncompliance for each violation. Provides for a public hearing to review any noncompliance order issued by the Administrator.

To amend the Solid Waste Disposal Act to authorize States to restrict receipt of foreign municipal solid waste and implement the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Federal Effectiveness Act''. SEC. 2. GREAT LAKES RESEARCH COUNCIL. Subsection (d) of section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268) is amended to read as follows: ``(d) Great Lakes Research Council.-- ``(1) Definitions.--As used in this subsection: ``(A) Council.--The term `Council' means the Great Lakes Research Council established under paragraph (2). ``(B) Great lakes.--The term `Great Lakes' means-- ``(i) Lake Erie, Lake Huron, Lake Michigan, Lake Ontario, and Lake Superior; ``(ii) the connecting waters of the lakes listed in clause (i), including the St. Mary's River, the St. Clair River, Lake St. Clair, the Detroit River, and the Niagara River; and ``(iii) the St. Lawrence River. ``(C) Great lakes research.--The term `Great Lakes research' means the application of scientific or engineering expertise to explain, understand, and predict the physical, chemical, biological, and socioeconomic processes, and their interactions, in the Great Lakes ecosystem. ``(2) Establishment.--There is established a Great Lakes Research Council. ``(3) Duties of the council.--The Council shall-- ``(A) not later than 12 months after the date of enactment of this subparagraph, prepare and provide to Congress and other interested parties, a report that-- ``(i) promotes the coordination of Federal research activities to avoid unnecessary duplication and ensure greater effectiveness in achieving protection of the ecosystem of the Great Lakes and the goals of the Great Lakes Water Quality Agreement; ``(ii) assesses the research activities needed to fulfill the Great Lakes Water Quality Agreement goals; ``(iii) assesses Federal expertise and capabilities existing on the date of enactment of this clause in activities needed to fulfill the Great Lakes Water Quality Agreement goals, including an inventory of existing Federal Great Lakes research programs, projects, facilities, and personnel; ``(iv) recommends long-term and short-term research priorities for Federal research on the Great Lakes, based on a comparison of the assessments conducted under clauses (ii) and (iii), and programs existing on the date of enactment of this clause; and ``(v) describes coordination efforts with Canada; ``(B) identify topics for, and participate in, meetings, workshops, symposia, and conferences on Great Lakes research issues; ``(C) make recommendations for the uniform collection and storage of data for enhancing research and management protocols relating to the protection and restoration of the physical, biological, and chemical integrity of the Great Lakes ecosystem; ``(D) consider and make recommendations with respect to the establishment of a comprehensive, multimedia database for the Great Lakes ecosystem; and ``(E) ensure that the results, findings, and information regarding Great Lakes research programs conducted or sponsored by the Federal Government be disseminated in a timely manner, and in useful forms, to interested persons, using as much as possible existing mechanisms such as the Great Lakes Research Inventory prepared by the International Joint Commission. ``(4) Membership of the council.-- ``(A) In general.--The Council shall be comprised of 1 research manager with extensive knowledge, scientific expertise, and experience in the Great Lakes ecosystem from each of the following organizations: ``(i) The Environmental Protection Agency. ``(ii) The National Oceanic and Atmospheric Administration. ``(iii) The Fish and Wildlife Service. ``(iv) The Coast Guard. ``(v) Any other relevant Federal department, agency, or instrumentality, as determined by the Council membership. ``(B) Non-voting members.--Any other person who is not a Federal employee may serve as a non-voting member of the Council, at the request of the Council membership. ``(5) Chairperson.--The members of the Council shall elect a Chairperson from among the members of the Council appointed pursuant to paragraphs (4)(A) (i), (ii), and (iii). The Chairperson shall serve a term of 2 years but may not serve for more than 2 consecutive terms. ``(6) Travel expenses.--Each member of the Council who is not an employee of the Federal Government shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of services for the Council. ``(7) Interagency cooperation.--The head of each department, agency, or other instrumentality of the Federal Government that is represented on the Council-- ``(A) may, upon written request of the Chairperson, make available, on a reimbursable basis or otherwise, personnel, services, or facilities as may be necessary to assist the Council in achieving the purposes of this subsection; and ``(B) shall, upon written request from the Chairperson, furnish data or other information necessary to achieve the purposes of this subsection. ``(8) Effect on other laws.--Nothing in this subsection is intended to amend, restrict, or otherwise alter the authority of any Federal department, agency, or instrumentality, under any law, to undertake Great Lakes research activities.''.

Great Lakes Federal Effectiveness Act - Amends the Federal Water Pollution Control Act to establish a Great Lakes Research Council to: (1) prepare and provide to the Congress a report that promotes coordination of Federal research activities with respect to achieving protection of the Great Lakes and assesses and makes recommendations concerning research activities needed to fulfill the goals of the Great Lakes Water Quality Agreement; (2) identify topics for and participate in workshops and conferences on Great Lakes research issues; (3) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (4) make recommendations for the establishment of a multimedia data base for the ecosystem; and (5) ensure that findings and information regarding such research is disseminated in a timely manner.

Great Lakes Federal Effectiveness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Former American Hostages in Iran Act of 2015''. SEC. 2. AMERICAN HOSTAGES IN IRAN COMPENSATION FUND. (a) Establishment.--There is established in the Treasury a fund, to be known as the ``American Hostages in Iran Compensation Fund'' (in this section referred to as the ``Fund'') for the purposes of-- (1) making payments to the Americans held hostage in Iran, and to members of their families, who are identified as members of the proposed class in case number 1:00-CV-03110 (ESG) of the United States District Court for the District of Columbia; and (2) satisfying the claims of the members of the proposed class against Iran relating to the taking of hostages and treatment of personnel of the United States embassy in Tehran, Iran, between November 3, 1979, and January 20, 1981. (b) Funding.-- (1) Imposition of surcharge.-- (A) In general.--There is imposed a surcharge equal to 30 percent of the amount of-- (i) any fine or penalty imposed, in whole or in part, for a violation of a law or regulation specified in subparagraph (B) committed on or after the date of the enactment of this Act; or (ii) the monetary amount of a settlement entered into by a person with respect to a suspected violation of a law or regulation specified in subparagraph (B) related to activities undertaken on or after such date of enactment. (B) Laws and regulations specified.--A law or regulation specified in this subparagraph is any law or regulation imposing a fine or penalty for any economic activity relating to Iran that is administered by the Department of State, the Department of the Treasury, the Department of Justice, the Department of Commerce, or the Department of Energy. (C) Termination of deposits.--The imposition of the surcharge under subparagraph (A) shall terminate on the date on which all amounts described in subsection (c)(2) have been distributed to all recipients described in that subsection. (2) Deposits into fund; availability of amounts.-- (A) Deposits.--The Secretary of the Treasury shall deposit in the Fund all surcharges collected pursuant to paragraph (1)(A). (B) Payment of surcharge to secretary of the treasury.--A person upon which a surcharge is imposed under paragraph (1)(A) shall pay the surcharge to the Secretary without regard to whether the fine or penalty with respect to which the surcharge is imposed-- (i) is paid directly to the Federal agency that administers the law or regulation pursuant to which the fine or penalty is imposed; or (ii) is deemed satisfied by a payment to another Federal agency. (C) Availability of amounts in fund.--Amounts in the Fund shall be available, without further appropriation, to make payments under subsection (c). (c) Distribution of Funds.-- (1) Administration of fund.--Payments from the Fund shall be administered, subject to oversight by the Secretary of the Treasury, by the named representatives of the proposed class described in subsection (a)(1) and the principal agent designated by the proposed class for the period beginning in 1999 and continuing through the date of the enactment of this Act. (2) Payments.--Subject to paragraphs (3) and (4), payments shall be made from the Fund to the following recipients in the following amounts: (A) To each living former hostage identified as a member of the proposed class described in subsection (a)(1), $10,000 for each day of captivity of the former hostage. (B) To the estate of each deceased former hostage identified as a member of the proposed class described in subsection (a)(1), $10,000 for each day of captivity of the former hostage. (C) To each spouse and child of a former hostage identified as a member of the proposed class described in subsection (a)(1) if the spouse or child is identified as a member of that proposed class, $5,000 for each day of captivity of the former hostage. (3) Priority.--Payments from the Fund shall be distributed under paragraph (2) in the following order: (A) First, to each living former hostage described in paragraph (2)(A). (B) Second, to the estate of each deceased former hostage described in paragraph (2)(B). (C) Third, to each spouse and child of a former hostage described in paragraph (2)(C). (4) Consent of recipient.--A payment to a recipient from the Fund under paragraph (2) shall be made only after receiving the consent of the recipient. (d) Preclusion of Future Actions and Release of Claims.-- (1) Preclusion of future actions.--A recipient of a payment under subsection (c) may not file or maintain an action against Iran in any Federal or State court for any claim relating to the events described in subsection (a)(2). (2) Release of all claims.--Upon the payment of all amounts described in subsection (c)(2) to all recipients described in that subsection, all claims against Iran relating to the events described in subsection (a)(2) shall be deemed waived and forever released. (e) Deposit of Remaining Funds Into the Treasury.-- (1) In general.--Any amounts remaining in the Fund after the date specified in paragraph (2) shall be deposited in the general fund of the Treasury. (2) Date specified.--The date specified in this paragraph is the later of-- (A) the date on which all amounts described in subsection (c)(2) have been made to all recipients described in that subsection; or (B) the date that is 5 years after the date of the enactment of this Act. (f) Report to Congress on Completion of Payments.--Not later than 60 days after determining that a law or regulation specified in subsection (b)(1)(B) is terminated or suspended or that amounts in the Fund will be insufficient for the payment of all amounts described in subsection (c)(2) to all recipients described in that subsection by the date that is 444 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress recommendations to expedite the completion of the payment of those amounts.

Justice for Former American Hostages in Iran Act of 2015 Establishes in the Treasury the American Hostages in Iran Compensation Fund to: (1) make payments to the Americans held hostage in Iran, and to their families, who are identified as members of the proposed class in case number 1:00-CV-03110 (ESG) of the U.S. District Court for the District of Columbia; and (2) satisfy their claims against Iran relating to the taking of hostages and treatment of personnel of the U.S. embassy in Tehran between November 3, 1979, and January 20, 1981. Imposes a surcharge, to be deposited into the Fund, of 30% on the amount of: (1) any fine or penalty imposed for a violation (committed on or after enactment of this Act) of a law or regulation penalizing any economic activity relating to Iran that is administered by the Departments of State, Treasury, Justice, Commerce, or Energy; or (2) the monetary amount of a settlement entered into by a person regarding a suspected violation of such a law or regulation. Requires Fund payments to members of the proposed class in the following order of priority: $10,000 for each day of captivity first to each living former hostage and then to the estate of each deceased former hostage, and $5,000 to each spouse and child of a former hostage for each day of captivity of the former hostage. Prohibits a payment recipient from maintaining an action against Iran in any federal or state court for any claims relating to the hostage events. Waives and forever releases all existing claims against Iran for those events upon payment from the Fund to all designated recipients. Requires the State Department to submit recommendations to Congress if Fund amounts will be insufficient to pay all recipients within 444 days after enactment of this Act.

Justice for Former American Hostages in Iran Act of 2015

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Approximately 60 percent of Indian tribe members and Alaska Natives live on or adjacent to Indian lands, which suffer from an average unemployment rate of 45 percent. (2) Indian tribe members and Alaska Natives own more than 197,000 businesses and generate more than $34,000,000,000 in revenues. The service industry accounted for 17 percent of these businesses (of which 40 percent were engaged in business and personal services) and 15.1 percent of their total receipts. The next largest was the construction industry (13.9 percent and 15.7 percent, respectively). The third largest was the retail trade industry (7.5 percent and 13.4 percent, respectively). (3) The number of businesses owned by Indian tribe members and Alaska Natives grew by 84 percent from 1992 to 1997, and their gross receipts grew by 179 percent in that period. This is compared to all businesses which grew by 7 percent, and their total gross receipts grew by 40 percent, in that period. (4) The Small Business Development Center program is cost effective. Clients receiving long-term counseling under the program in 1998 generated additional tax revenues of $468,000,000, roughly 6 times the cost of the program to the Federal Government. (5) Using the existing infrastructure of the Small Business Development Center program, small businesses owned by Indian tribe members, Alaska Natives, and Native Hawaiians receiving services under the program will have a higher survival rate than the average small business not receiving such services. (6) Business counseling and technical assistance is critical on Indian lands where similar services are scarce and expensive. (7) Increased assistance through counseling under the Small Business Development Center program has been shown to reduce the default rate associated with lending programs of the Small Business Administration. (b) Purposes.--The purposes of this Act are as follows: (1) To stimulate economies on Indian lands. (2) To foster economic development on Indian lands. (3) To assist in the creation of new small businesses owned by Indian tribe members, Alaska Natives, and Native Hawaiians and expand existing ones. (4) To provide management, technical, and research assistance to small businesses owned by Indian tribe members, Alaska Natives, and Native Hawaiians. (5) To seek the advice of local Tribal Councils on where small business development assistance is most needed. (6) To ensure that Indian tribe members, Alaska Natives, and Native Hawaiians have full access to existing business counseling and technical assistance available through the Small Business Development Center program. SEC. 2. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO INDIAN TRIBE MEMBERS, ALASKA NATIVES, AND NATIVE HAWAIIANS. (a) In General.--Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following: ``(8) Additional grant to assist indian tribe members, alaska natives, and native hawaiians.-- ``(A) In general.--Any applicant in an eligible State that is funded by the Administration as a Small Business Development Center may apply for an additional grant to be used solely to provide services described in subsection (c)(3) to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Alaska Natives, and Native Hawaiians. ``(B) Eligible states.--For purposes of subparagraph (A), an eligible State is a State that has a combined population of Indian tribe members, Alaska Natives, and Native Hawaiians that comprises at least 1 percent of the State's total population, as shown by the latest available census. ``(C) Grant applications.--An applicant for a grant under subparagraph (A) shall submit to the Administration an application that is in such form as the Administration may require. The application shall include information regarding the applicant's goals and objectives for the services to be provided using the grant, including-- ``(i) the capability of the applicant to provide training and services to a representative number of Indian tribe members, Alaska Natives, and Native Hawaiians; ``(ii) the location of the Small Business Development Center site proposed by the applicant; ``(iii) the required amount of grant funding needed by the applicant to implement the program; and ``(iv) the extent to which the applicant has consulted with local Tribal Councils. ``(D) Applicability of grant requirements.--An applicant for a grant under subparagraph (A) shall comply with all of the requirements of this section, except that the matching funds requirements under paragraph (4)(A) shall not apply. ``(E) Maximum amount of grants.--No applicant may receive more than $300,000 in grants under this paragraph for one fiscal year. ``(F) Regulations.--After providing notice and an opportunity for comment and after consulting with the Association recognized by the Administration pursuant to paragraph (3)(A) (but not later than 180 days after the date of enactment of this paragraph), the Administration shall issue final regulations to carry out this paragraph, including regulations that establish-- ``(i) standards relating to educational, technical, and support services to be provided by Small Business Development Centers receiving assistance under this paragraph; and ``(ii) standards relating to any work plan that the Administration may require a Small Business Development Center receiving assistance under this paragraph to develop. ``(G) Definitions.--In this section, the following definitions apply: ``(i) Indian lands.--The term `Indian lands' has the meaning given the term `Indian country' in section 1151 of title 18, United States Code, the meaning given the term `Indian reservation' in section 151.2 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this paragraph), and the meaning given the term `reservation' in section 4 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903). ``(ii) Indian tribe.--The term `Indian tribe' means any band, nation, or organized group or community of Indians located in the contiguous United States, and the Metlakatla Indian Community, whose members are recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians. ``(iii) Indian tribe member.--The term `Indian tribe member' means a member of an Indian tribe (other than a Alaska Native). ``(iv) Alaska native.--The term `Alaska Native' has the meaning given the term `Native' in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). ``(v) Native hawaiian.--The term `Native Hawaiian' means any individual who is-- ``(I) a citizen of the United States; and ``(II) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii. ``(vi) Tribal organization.--The term `tribal organization' has the meaning given that term in section 4(l) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(l)). ``(H) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $7,000,000 for each of fiscal years 2006 through 2008. ``(I) Funding limitations.-- ``(i) Nonapplicability of certain limitations.--Funding under this paragraph shall be in addition to the dollar program limitations specified in paragraph (4). ``(ii) Limitation on use of funds.--The Administration may carry out this paragraph only with amounts appropriated in advance specifically to carry out this paragraph.''. SEC. 3. STATE CONSULTATION WITH TRIBAL ORGANIZATIONS. Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is amended by adding at the end the following: ``(9) Advice of local tribal organizations.--A Small Business Development Center receiving a grant under this section shall request the advice of tribal organization on how best to provide assistance to Indian tribe members, Alaska Natives, and Native Hawaiians and where to locate satellite centers to provide such assistance.''.

Amends the Small Business Act to authorize a Small Business Development Center in an eligible state to apply for an additional Small Business Administration grant to be used solely to provide services to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Alaskan Natives, and Native Hawaiians. Defines an eligible state as one in which at least one percent of its population is comprised of such tribe members and Natives. Limits each grant to $300,000 in a fiscal year. Requires a Small Business Development Center receiving such a grant to request the advice of tribal organizations on how best to provide assistance and where to locate satellite centers to provide it.

To amend the Small Business Act to expand and improve the assistance provided by Small Business Development Centers to Indian tribe members, Native Alaskans, and Native Hawaiians.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Comparative Study of Vaccinated and Unvaccinated Populations Act of 2006''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Securing the health of the Nation's children is our most important concern as parents and stewards of the Nation's future. (2) The Nation's vaccine program has greatly reduced human suffering from infectious disease by preventing and reducing the outbreak of vaccine-preventable diseases. (3) Total health outcomes are the best measure of the success of any public health effort, including security from both chronic and infectious disease. (4) Childhood immunizations are an important tool in the pursuit of childhood health. (5) The number of immunizations administered to infants, pregnant women, children, teenagers, and adults has grown dramatically over recent years. (6) The incidence of chronic, unexplained diseases such as autism, learning disabilities, and other neurological disorders appears to have increased dramatically in recent years. (7) Individual vaccines are tested for safety, but little safety testing has been conducted for interaction effects of multiple vaccines. (8) The strategy of aggressive, early childhood immunization against a large number of infectious diseases has never been tested in its entirety against alternative strategies, either for safety or for total health outcomes. (9) Childhood immunizations are the only health interventions that are required by States of all citizens in order to participate in civic society. (10) Public confidence in the management of public health can only be maintained if these State government-mandated, mass vaccination programs-- (A) are tested rigorously and in their entirety against all reasonable safety concerns; and (B) are verified in their entirety to produce superior health outcomes. (11) There are numerous United States populations in which a practice of no vaccination is followed and which therefore provide a natural comparison group for comparing total health outcomes. (12) No comparative study of such health outcomes has ever been conducted. (13) Given rising concern over the high rates of childhood neurodevelopmental disorders such as autism, the need for such studies is becoming urgent. SEC. 3. STUDY ON HEALTH OUTCOMES IN VACCINATED AND UNVACCINATED AMERICAN POPULATIONS. (a) In General.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') , acting through the Director of the National Institutes of Health, shall conduct or support a comprehensive study-- (1) to compare total health outcomes, including risk of autism, in vaccinated populations in the United States with such outcomes in unvaccinated populations in the United States; and (2) to determine whether vaccines or vaccine components play a role in the development of autism spectrum or other neurological conditions. (b) Qualifications.--With respect to each investigator carrying out the study under this section, the Secretary shall ensure that the investigator-- (1) is objective; (2) is qualified to carry out such study, as evidenced by training experiences and demonstrated skill; (3) is not currently employed by any Federal, State, or local public health agency; and (4) is not currently a member of a board, committee, or other entity responsible for formulating immunization policy on behalf of any Federal, State, or local public health agency or any component thereof; (5) has no history of a strong position on the thimerosal controversy; and (6) is not currently an employee of, or otherwise directly or indirectly receiving funds from, a pharmaceutical company. (c) Target Populations.--The Secretary shall seek to include in the study under this section populations in the United States that have traditionally remained unvaccinated for religious or other reasons, such as Old Order Amish, members of clinical practices (such as the Homefirst practice in Chicago) who choose alternative medical practices, and practitioners of anthroposophic lifestyles. (d) Timing.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals to conduct the study required by this section. Not later than 120 days after receipt of any such proposal, the Secretary shall approve or disapprove the proposal. If the Secretary disapproves the proposal, the Secretary shall provide the applicant involved with a written explanation of the reasons for the disapproval.

Comprehensive Comparative Study of Vaccinated and Unvaccinated Populations Act of 2006 - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to conduct or support a comprehensive study to: (1) compare total health outcomes, including risk of autism, in vaccinated, U.S. populations with such outcomes in unvaccinated, U.S. populations; and (2) determine whether vaccines or vaccine components play a role in the development of autism spectrum or other neurological conditions. Requires the Secretary to include in the study U.S. populations that have traditionally remained unvaccinated for religious or other reasons, members of clinical practices who choose alternative medical practices, and practitioners of anthroposophic lifestyles.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Training for Realtime Writers Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) As directed by Congress in section 713 of the Communications Act of 1934 (47 U.S.C. 613), as added by section 305 of the Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 126), the Federal Communications Commission adopted rules requiring closed captioning of most television programming, which gradually require new video programming to be fully captioned in English by 2006 and Spanish by 2010. (2) More than 28,000,000 Americans, or 8 percent of the population, are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities. (3) More than 24,000 children are born in the United States each year with some form of hearing loss. (4) According to the Department of Health and Human Services and a study done by the National Council on Aging-- (A) 25 percent of Americans over 65 years old are hearing impaired; (B) 33 percent of Americans over 70 years old are hearing impaired; and (C) 41 percent of Americans over 75 years old are hearing impaired. (5) The National Council on Aging study also found that depression in older adults may be directly related to hearing loss and disconnection with the spoken word. (6) Empirical research demonstrates that captions improve the performance of individuals learning to read English and, according to numerous Federal agency statistics, could benefit-- (A) 3,700,000 remedial readers; (B) 12,000,000 young children learning to read; (C) 27,000,000 illiterate adults; and (D) 30,000,000 people for whom English is a second language. (7) Over the past decade, student enrollment in programs that train realtime writers and closed captioners has decreased by 50 percent, even though job placement upon graduation is 100 percent. SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF REALTIME WRITERS. (a) In General.--The Secretary of Commerce shall make competitive grants to eligible entities under subsection (b) to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers in order to meet the requirements for closed captioning of video programming set forth in section 713 of the Communications Act of 1934 (47 U.S.C. 613) and the rules prescribed thereunder. (b) Eligible Entities.--For purposes of this Act, an eligible entity is a court reporting program that-- (1) can document and demonstrate to the Secretary of Commerce that it meets minimum standards of educational and financial accountability, with a curriculum capable of training realtime writers qualified to provide captioning services; (2) is accredited by an accrediting agency recognized by the Department of Education; and (3) is participating in student aid programs under title IV of the Higher Education Act of 1965. (c) Priority in Grants.--In determining whether to make grants under this section, the Secretary of Commerce shall give a priority to eligible entities that, as determined by the Secretary of Commerce-- (1) possess the most substantial capability to increase their capacity to train realtime writers; (2) demonstrate the most promising collaboration with local educational institutions, businesses, labor organizations, or other community groups having the potential to train or provide job placement assistance to realtime writers; or (3) propose the most promising and innovative approaches for initiating or expanding training and job placement assistance efforts with respect to realtime writers. (d) Duration of Grant.--A grant under this section shall be for a period of two years. (e) Maximum Amount of Grant.--The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the two-year period of the grant under subsection (d). SEC. 4. APPLICATION. (a) In General.--To receive a grant under section 3, an eligible entity shall submit an application to the Secretary of Commerce at such time and in such manner as the Secretary may require. The application shall contain the information set forth under subsection (b). (b) Information.--Information in the application of an eligible entity under subsection (a) for a grant under section 3 shall include the following: (1) A description of the training and assistance to be funded using the grant amount, including how such training and assistance will increase the number of realtime writers. (2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention. (3) A description of the manner in which the eligible entity will ensure that recipients of scholarships, if any, funded by the grant will be employed and retained as realtime writers. (4) A description of the manner in which the eligible entity intends to continue providing the training and assistance to be funded by the grant after the end of the grant period, including any partnerships or arrangements established for that purpose. (5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers. (6) Additional information, if any, of the eligibility of the eligible entity for priority in the making of grants under section 3(c). (7) Such other information as the Administration may require. SEC. 5. USE OF FUNDS. (a) In General.--An eligible entity receiving a grant under section 3 shall use the grant amount for purposes relating to the recruitment, training and assistance, and job placement of individuals, including individuals who have completed a court reporting training program, as realtime writers, including-- (1) recruitment; (2) subject to subsection (b), the provision of scholarships; (3) distance learning; (4) further develop and implement both English and Spanish curriculum to more effectively train realtime writing skills, and education in the knowledge necessary for the delivery of high-quality closed captioning services; (5) mentor students to ensure successful completion of the realtime training and provide assistance in job placement; (6) encourage individuals with disabilities to pursue a career in realtime writing; and (7) the employment and payment of personnel for such purposes. (b) Scholarships.-- (1) Amount.--The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk). (2) Agreement.--Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the Secretary of Commerce to provide realtime writing services for a period of time (as determined by the Secretary) that is appropriate (as so determined) for the amount of the scholarship received. (3) Coursework and employment.--The Secretary shall establish requirements for coursework and employment for recipients of scholarships under subsection (a)(2), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment or other material terms under subsection (b)(2). Requirements for repayment of scholarship amounts shall take into account the effect of economic conditions on the capacity of scholarship recipients to find work as realtime writers. (c) Administrative Costs.--The recipient of a grant under section 3 may not use more than 5 percent of the grant amount to pay administrative costs associated with activities funded by the grant. The Secretary shall use no more than 5 percent of the amount available for grants under this Act in any fiscal year for administrative costs of the program. (d) Supplement Not Supplant.--Grant amounts under this Act shall supplement and not supplant other Federal or non-Federal funds of the grant recipient for purposes of promoting the training and placement of individuals as realtime writers. SEC. 6. REPORTS. (a) Annual Reports.--Each eligible entity receiving a grant under section 3 shall submit to the Secretary of Commerce, at the end of each year of the grant period, a report on the activities of such entity with respect to the use of grant amounts during such year. (b) Report Information.-- (1) In general.--Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers. The assessment shall utilize the performance measures submitted by the entity in the application for the grant under section 4(b). (2) Final report.--The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. (c) Annual Review.--The Inspector General of the Department of Commerce shall conduct an annual review of the management, efficiency, and effectiveness of the grants made under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce to carry out this Act $20,000,000 for each of fiscal years 2006, 2007, 2008, and 2009. SEC. 8. SUNSET. This Act is repealed effective October 1, 2009. Passed the Senate July 1, 2005. Attest: Secretary. 109th CONGRESS 1st Session S. 268 _______________________________________________________________________ AN ACT To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Telecommunications Act of 1996, and for other purposes.

Training for Realtime Writers Act of 2005 - Directs the Secretary of Commerce to make competitive grants to eligible entities to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers providing closed captioning in video programming. Sets forth priorities in making grants. Limits grants to$1.5 million for a two-year period. Requires grantees to use amounts for purposes relating to the recruitment, training and assistance, and job placement of appropriate individuals. Allows scholarships to be provided, with a required post-education work agreement. Directs: (1) grantees to report annually to the Secretary on uses of grant funds; and (2) the Inspector General of the Department of Commerce to conduct an annual review of the management, efficiency, and effectiveness of the grants. Authorizes appropriations to the Secretary for FY2006-FY2009.

A bill to provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Telecommunications Act of 1996, and for other purposes.