FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Computer Recycling Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the Environmental Protection Agency; (2) the term ``cathode ray tube'' means a vacuum tube or picture tube used to convert an electronic signal into a visual image; (3) the term ``central processing unit'' includes a case and all of its contents, such as the primary printed circuit board and its components, additional printed circuit boards, one or more disc drives, a transformer, interior wire, and a power cord; (4) the term ``computer'' means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and may include both a central processing unit and a monitor, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device; (5) the term ``hazardous waste'' has the meaning given that term in section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903); (6) the term ``monitor'' means a separate visual display component of a computer, whether sold separately or together with a central processing unit, and includes a cathode ray tube or liquid crystal display, its case, interior wires and circuitry, cable to the central processing unit, and power cord; and (7) the term ``nonprofit organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. SEC. 3. FEE. (a) Requirement.--Effective 180 days after the transmittal to the Congress of the results of the study conducted under section 6(a), the Administrator shall require that a fee be assessed on the sale (including a sale through the Internet or a catalogue) to an end-user of any computer, monitor, or other electronic device designated by the Administrator under subsection (c). The Administrator shall establish procedures for the collection of such fee. The requirement under this subsection shall not apply to a sale by an end-user to a subsequent end-user. (b) Fee Amount.--The amount of the fee required under subsection (a) shall-- (1) be an amount sufficient to cover the costs of carrying out section 4(a) and subsection (c) of this section; (2) be uniform-- (A) for each computer with a central processing unit and monitor integrated in a single device; (B) for each central processing unit; (C) for each monitor; and (D) for each class of other devices designated by the Administrator under subsection (c); (3) not exceed $10 per computer, monitor, or other designated device; and (4) be clearly indicated on the label, external packing materials, or sales receipt of the computer, monitor, or device. (c) Administrative Costs.--Persons required by the Administrator to collect a fee under this section may retain 3 percent of amounts so collected to pay the costs of administering the fee collection program. (d) Exempted Sales.--The requirement of a fee under this section shall not apply to a sale of a used computer, monitor, or device by a nonprofit organization. (e) Additional Exemption.--The Administrator may exempt from the requirement of a fee under this section any sale made under a contract or an arrangement that the Administrator determines is likely to result in the maximum reuse of significant components of the computer, monitor, or device, and the disposal of the remaining components-- (1) in an environmentally sound and responsible manner; (2) without violation of any Federal or State law; and (3) without reliance on funding from State or local governments, when the computer, monitor, or device is no longer of use to the end- user. (f) Designation of Electronic Devices.--The Administrator may designate additional electronic devices to which the fee under subsection (a) shall apply if those electronic devices-- (1) contain a significant amount of material that, when disposed of, would be hazardous waste; and (2) include one or more liquid crystal displays, cathode ray tubes, or circuit boards. SEC. 4. GRANTS. (a) Uses of Fee Amounts.--Amounts collected under section 3 shall be used, to the extent provided in advance in appropriations Acts, by the Administrator for-- (1) covering the costs of administration of this Act; and (2) making grants under subsection (b). Not more than 10 percent of the funds available pursuant to this Act for any fiscal year may be used for costs described in paragraph (1). (b) Grant Purposes.--The Administrator shall make grants with funds collected under section 3 to individuals or organizations (including units of local government) for-- (1) collecting or processing used computers, monitors, or other designated devices for recycling purposes; (2) reusing or reselling such computers, monitors, or devices, or components thereof; and (3) extracting and using, or selling for reuse, raw materials from such computers, monitors, or devices. (c) Eligibility.--An individual or organization shall be eligible for a grant under subsection (b) only if the individual or organization provides assurances to the satisfaction of the Administrator that it will carry out the grant purposes in a manner that complies with all applicable Federal and State environmental and health laws. (d) Selection Criteria.--In selecting proposals for grants under subsection (b), the Administrator shall consider-- (1) the quantity of used computers, monitors, or other designated devices that will be diverted from landfills; (2) the estimated cost per unit of the collection, processing, reuse, or sale proposed; (3) the availability of, and potential for, markets for recycled materials; (4) the degree to which the proposal mitigates or avoids harmful environmental or health effects; (5) the degree to which the proposal employs innovative recycling technologies; and (6) the demonstrated history of the grant applicant in disposing of or providing for the reuse of computers, monitors, or devices in an environmentally sound and responsible manner without violation of any Federal or State law. The Administrator shall ensure that grants are provided to a geographically diverse group of recipients. SEC. 5. CONSULTATION. In carrying out this Act, the Administrator shall consult with representatives of the computer manufacturing, retail, and recycling industries, waste management professionals, environmental and consumer groups, and other appropriate individuals and organizations (including units of local government). SEC. 6. STUDY AND REPORTS. (a) Study.--Not later than 6 months after the date of the enactment of this Act, the Administrator shall transmit to the Congress the results of a study that-- (1) identifies waste materials in used computers that may be hazardous to human health or the environment; (2) estimates the quantities of such materials that exist or will exist in the future, including a separate estimate of the quantities of such materials that are exported from the United States; (3) estimates the costs of transporting, collecting, and processing computers, monitors, and other designated devices; (4) describes current management of such waste materials; (5) makes recommendations for the management of electronic products containing such waste materials at the end of their useful lives; and (6) estimates the demand for materials from recycled computers, and make recommendations for increasing the markets for such materials. (b) Reports.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 4 additional years, the Administrator shall transmit to the Congress a report on the status of computer recycling. Such report shall include a description of the amount of fees collected under section 3, and a description of the amount of administrative costs paid for and grants made under section 4 with funds collected through such fees.

National Computer Recycling Act - Directs the Administrator of the Environmental Protection Agency, after submitting to Congress a study of waste materials in used computers that may be hazardous to human health or the environment, to require assessment of a fee on the sale to an end-user of any computer, monitor, or other designated electronic devices.Requires fees collected to be used for administration of this Act and grants for: (1) collecting or processing used computers, monitors, or other devices for recycling; (2) reusing or reselling such articles; and (3) extracting and using, or selling for reuse, raw materials from such articles.Requires reports to Congress on the status of computer recycling, which shall include descriptions of fee collection and use.

To establish a grant and fee program through the Environmental Protection Agency to encourage and promote the recycling of used computers and to promote the development of a national infrastructure for the recycling of used computers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medication Therapy Management Benefits Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Medications are important to the management of chronic diseases that require long-term or lifelong therapy. Pharmacists are uniquely qualified as medication experts to work with patients to manage their medications and chronic conditions and play a key role in helping patients take their medications as prescribed. (2) Nonadherence with medications is a significant problem. According to a report by the World Health Organization, in developed countries, only 50 percent of patients with chronic diseases adhere to medication therapies. For example, in the United States only 51 percent of patients taking blood pressure medications are adherent; similarly, only 40 to 70 percent of patients taking antidepressant medications adhere to prescribed therapies. (3) Failure to take medications as prescribed costs over $177 billion dollars annually. The problem of nonadherence is particularly important for patients with chronic diseases that require use of medications; poor adherence leads to unnecessary disease progression, reduced functional status, lower quality of life, and premature death. (4) When patients adhere to, or comply with, their medication therapy, it is possible to reduce higher-cost medical attention, such as emergency department visits and catastrophic care, and avoid the preventable human costs that impact patients and those who care for them. (5) Studies have clearly demonstrated that community-based medication therapy management (MTM) services provided by pharmacists improve health care outcomes and reduce spending. For example, the Asheville Project--a diabetes program designed for city employees in Asheville, North Carolina, and delivered by community pharmacists--resulted over a 5-year period in a decrease in total direct medical costs ranging from $1,622 to $3,356 per patient per year, a 50 percent decrease in the use of sick days, and an increase in productivity accounting for an estimated savings of $18,000 annually. Another project involving pharmacist-provided care to patients with high cholesterol increased compliance with medication to 90 percent from a national average of 40 percent. In North Carolina, the ChecKmeds NC program, which offers eligible seniors one-on-one MTM consultations with pharmacists, saved an estimated $10,000,000 in healthcare costs and avoided numerous health problems in the first year of the program for the more than 15,000 seniors receiving MTM. Similar results have been achieved in several other demonstrations using community pharmacists. (6) Therefore, enhancement of the MTM benefit under part D of the Medicare program should be a key component of the national health care reform agenda. SEC. 3. IMPROVEMENT IN PART D MEDICATION THERAPY MANAGEMENT (MTM) PROGRAMS. (a) In General.--Section 1860D-4(c)(2) of the Social Security Act (42 U.S.C. 1395w-104(c)(2)) is amended-- (1) by redesignating subparagraphs (C) through (E) as subparagraphs (F) through (H), respectively; and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) Required reviews and interventions.-- Beginning in the first plan year after the date of the enactment of the Medication Therapy Management Benefits Act of 2009, PDP sponsors shall offer medication therapy management services to targeted beneficiaries described in subparagraph (A)(ii) that include, at a minimum, the following to increase adherence to prescription medications: ``(i) An annual comprehensive medication review furnished person-to-person by a licensed pharmacist. The comprehensive medication review-- ``(I) shall include a review of the individual's medications, creation of a personal medication record, and a recommended medication action plan in consultation with the individual and the prescriber; and ``(II) shall include providing the patient with a written or printed summary. ``(ii) Targeted medication reviews furnished person-to-person by a licensed pharmacist offered no less frequently than once every quarter to assess medication use since the last annual comprehensive medication review, to monitor unresolved issues, to identify problems with new drug therapies or if the individual has experienced a transition in care. ``(iii) Followup interventions, which may be provided person-to-person or through other interactive means, on a schedule and frequency recommended by the prescriber or a licensed pharmacist.''. (b) Increase Availability of MTM Services to Beneficiaries and Increase Community Pharmacy Involvement in Provision of MTM Services.-- (1) Increased beneficiary access to mtm services.--Section 1860D-4(c)(2) of such Act (42 U.S.C. 1395w-104(c)(2)), as amended by subsection (a), is further amended-- (A) in subparagraph (A)(ii)(I), by inserting before the semicolon at the end the following: ``or any chronic disease that accounts for high spending in the Medicare program including diabetes, hypertension, heart failure, dyslipidemia, respiratory disease (such as asthma, chronic obstructive pulmonary disease or chronic lung disorders), bone disease-arthritis (such as osteoporosis and osteoarthritis), rheumatoid arthritis, and mental health (such as depression, schizophrenia, or bipolar disorder)''; (B) by adding at the end of subparagraph (A) the following new clause: ``(iii) Identification of individuals who may benefit from medication therapy management.--The PDP sponsor shall identify a process subject to the Secretary's approval that allows pharmacists or other qualified providers to identify enrollees for medication therapy management interventions where such individuals are not described as targeted beneficiaries under clause (ii) or are not otherwise offered services described in paragraph (C).''; and (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) Medication reviews for dual eligibles and enrollees in transition of care.--Without regard to whether an enrollee is a targeted beneficiary described in subparagraph (A)(ii), the medication therapy management program under this program shall offer-- ``(i) a comprehensive medication review described in subparagraph (C)(i) at the time of initial enrollment under the plan for an enrollee who is a full-benefit dual eligible individual (as defined in section 1935(c)(6)); and ``(ii) a targeted medication review described in subparagraph (C)(ii) for any enrollee at the time of transition of care (such as being discharged from a hospital or another institutional setting) where new medications have been introduced to the individual's therapy.''. (c) Community Pharmacy Access.--Section 1840D-4(c)(2) of such Act is further amended by inserting after subparagraph (D) the following new subparagraph: ``(E) Pharmacy access requirements.--A PDP sponsor shall offer any willing pharmacy in its network the ability to provide medication therapy management services to assure that enrollees have the option of obtaining services under the medication therapy management program from community-based retail pharmacies.''. (d) Reimbursement and Incentives Based on Performance.-- (1) Appropriate reimbursement for the provision of mtm services.--Section 1860D-4(c)(2)(H) of such Act, as redesignated by subsection (a), is amended by striking the first sentence and inserting the following: ``The PDP sponsor shall reimburse pharmacists and other entities furnishing medication therapy management services under this paragraph based on the resources used and the time required to provide such services.''. (2) Evaluation of performance for payment incentives.-- Section 1860D-4(c)(2) of such Act (42 U.S.C. 1395w-104(c)(2)) is amended by adding at the end the following new subparagraph: ``(I) Evaluation of performance.-- ``(i) Data collection and provider measures.--Effective beginning in the first plan year after the date of the enactment of the Medication Therapy Management Benefits Act of 2009, the Secretary shall establish measures and standards for data collection by PDP sponsors to evaluate performance of pharmacies and other entities in furnishing medication therapy management services. Such measures shall be designed to help assess and improve overall quality of care, including a reduction in adverse medication reactions, improvements in adherence and persistence in chronic medication use, and a reduction in drug spending, where appropriate. PDP sponsors shall also compare outcomes based on the type of entity offering such services and shall ensure broader participation of entities that achieve better outcomes with respect to such services. The measures established under this clause shall include measures developed by the Pharmacy Quality Alliance (PQA) in the case of pharmacist providers. ``(ii) Continual development and incorporation of medication therapy management measures in broader health care outcomes measures.--The Secretary shall support the continual development and refinement of performance measures described in clause (i), including the incorporation of medication use measures as part of broader health care outcomes measures. The Secretary shall work with state Medicaid programs to incorporate similar performance-based measures into State- required Drug Use Review programs under title XIX. ``(iii) Incentive payments.--Beginning with plan year 2011, pharmacies and other entities that furnish medication therapy management services under this part shall be provided (in a manner specified by the Secretary) with additional incentive payments based on the performance of such pharmacies and entities in meeting the quality measures established under clause (i). Such payments shall be made from the Medicare Prescription Drug Account except that such payments may be made from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund if the Secretary determines, based on data under this part and parts A and B, that such services have resulted in a reduction in expenditures under part A or part B, respectively.''.

Medication Therapy Management Benefits Act of 2009 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to require that the medication therapy management (MTM) services prescription drug plan (PDP) sponsors offer to targeted beneficiaries include: (1) an annual comprehensive medication review furnished person-to-person by a licensed pharmacist; (2) at least quarterly targeted medication reviews, also furnished person-to-person by a licensed pharmacist; and (3) followup interventions, person-to-person or through other interactive means, on a schedule and frequency recommended by the prescriber or a licensed pharmacist. Increases the number of diseases and conditions for which beneficiaries may be targeted for MTM services. Requires a PDP sponsor to identify a process, subject to approval by the Secretary of Health and Human Services (HHS), that allows pharmacists or other qualified providers to identify enrollees for MTM interventions where such individuals are not targeted beneficiaries or are not otherwise offered MTM services. Requires any MTM program to offer both comprehensive and targeted medication reviews to individuals dually eligible for both Medicare and Medicaid (under SSA title XIX), regardless of whether they are MTM-targeted beneficiaries. Requires a PDP sponsor to offer any willing pharmacy in its network the ability to provide MTM services. Requires the PDP sponsor to reimburse pharmacists and other entities furnishing MTM services based on the resources used and the time required to provide such services. Directs the Secretary to: (1) establish measures and standards for data collection by PDP sponsors to evaluate performance of pharmacies and other entities in furnishing MTM services; and (2) support the continued development and refinement of performance measures. Provides pharmacies and other entities that furnish MTM services with additional incentive payments based on their performance in meeting quality measures established under this Act.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Through Environmental Safeguarding and Streamlining Act of 2011''. SEC. 2. ADVANCED ACQUISITION OF REAL PROPERTY. Section 108 of title 23, United States Code, is amended-- (1) in subsection (c)(2)(G) by striking ``both the Secretary and the Administrator of the Environmental Protection Agency have concurred'' and inserting ``the Secretary has determined''; and (2) by adding at the end the following: ``(d) Consideration of Long-Range Transportation Needs.--The Secretary is authorized to encourage States and other public authorities, where practicable, to acquire transportation rights-of-way that are sufficient to accommodate long-range transportation needs, where possible through the acquisition of broad rights-of-way that have the capacity for future expansion over a 50- to 100-year period and that have the potential to accommodate one or more transportation modes.''. SEC. 3. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING. (a) Programmatic Compliance.--Section 139(b) of title 23, United States Code, is amended-- (1) in paragraph (2) by inserting ``, and any requirements established under this section may be satisfied,'' after ``exercised''; and (2) by adding at the end the following: ``(3) Programmatic approaches.--The Secretary may modify the procedures developed under this section to encourage programmatic approaches and strategies with respect to environmental programs and permits.''. (b) Designation of DOT Modal Administration To Serve as Lead Agency.--Section 139(c)(1) of such title is amended by inserting ``, acting through a single modal administration of the Department designated by the Secretary,'' after ``Department of Transportation''. (c) Project Initiation.--Section 139(e) of such title is amended by adding at the end the following: ``The project sponsor may satisfy this requirement by submitting to the Secretary a draft notice for publication in the Federal Register announcing the preparation of an environmental impact statement for the project that contains the information required under this subsection.''. (d) Coordination Plan.--Section 139(g)(1)(A) of such title is amended by striking ``project or category of projects'' and inserting ``project, category of projects, or program of projects''. (e) Guidelines.--Section 139 of such title is amended by adding at the end the following: ``(m) Guidelines.-- ``(1) Issuance.--The Secretary shall issue guidelines to assist States and local governmental entities in assuming an increased role under this section in-- ``(A) preparing environmental documents for projects under the National Environmental Policy Act of 1969; and ``(B) participating in agency consultation. ``(2) List of state reports.--The guidelines issued under paragraph (1) shall contain a list of State reports that may be adopted or used by the Secretary (or the Secretary's designee) in satisfying requirements for projects under the National Environmental Policy Act of 1969. ``(3) Sovereign immunity.--The guidelines issued under paragraph (1) shall specify the maximum extent to which a State or local government can participate in the environmental review process for a project without being subject to the jurisdiction of Federal courts with respect to such participation.''. (f) Reciprocity Agreements.-- (1) Study.--The Secretary shall conduct a study on the feasibility of entering into reciprocity agreements with States to maximize State participation in the environmental review process for projects (as defined in section 139 of such title) and the potential benefits of such agreements in expediting project delivery. (2) Report.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the results of the study. SEC. 4. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM. (a) Assumption of Responsibility.-- (1) Additional responsibility.--Section 327(a)(2)(B)(ii)(I) of title 23, United States Code, is amended to read as follows: ``(I) responsibility for any conformity determination (other than a conformity determination for an individual project) required under section 176 of the Clean Air Act (42 U.S.C. 7506); or''. (2) Highway projects involving more than one dot modal administration.--Section 327(a)(2) of such title is amended by adding at the end the following: ``(F) Highway projects involving more than one dot modal administration.-- ``(i) Treatment of projects.--For purposes of subparagraph (A), a project shall be treated as a `highway project' if the Secretary determines that the Federal Highway Administration is the lead agency for the project. ``(ii) Assignment of authorities.--In the case of a highway project that involves the Federal Highway Administration and another modal administration of the Department of Transportation, the authorities of the Secretary that may be assigned to a State under this subsection shall include the authorities of the Secretary that relate to the Federal Highway Administration and the other modal administration.''. (b) State Participation.-- (1) Number of participating states.--Section 327(b)(1) of such title is amended to read as follows: ``(1) Selection of participating states.-- ``(A) In general.--The Secretary may permit any State that meets the selection criteria contained in paragraph (4) to participate in the program. ``(B) Special rules.--Any State participating in the program on September 30, 2009-- ``(i) shall be permitted by the Secretary to continue to participate in the program; and ``(ii) shall not be required to submit an application under paragraph (2) in order to participate in the program.''. (2) Written agreement.--Section 327(c) of such title is amended to read as follows: ``(c) Written Agreement.-- ``(1) In general.--A written agreement under this section shall-- ``(A) be executed by the Governor or the top- ranking transportation official in the State who is charged with responsibility for highway construction; ``(B) be in such form as the Secretary may prescribe; ``(C) provide that the State-- ``(i) agrees to assume all or part of the responsibilities of the Secretary described in subsection (a); ``(ii) agrees to carry out those responsibilities using the best available science; ``(iii) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary assumed by the State; ``(iv) certifies that State laws (including regulations) are in effect that-- ``(I) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and ``(II) are comparable to section 552 of title 5, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and ``(D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed. ``(2) Excluded projects.--A written agreement with a State under this section may include a list of projects in the State that are excluded from the program. The list shall be updated annually by mutual agreement between the Secretary and the State. ``(3) Term.--A written agreement with a State under this section shall-- ``(A) have a term of not more than 5 years; and ``(B) be renewable. ``(4) Use of project delivery methods.--A written agreement with a State under this section may not impose on the State a limitation on the use of a project delivery method if the limitation would not otherwise apply to the State under this title or another provision of law. In this paragraph, the term `project delivery method' includes the authority of a State to acquire rights-of-way and conduct final design work for a project with State funds on an at-risk basis prior to completion of the environmental review process for the project.''. (3) Audits and monitoring.--Section 327(g) of such title is amended-- (A) in the subsection heading by inserting ``and Monitoring'' after ``Audits''; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: ``(2) Monitoring.--If a State has been participating in the program pursuant to a written agreement under subsection (c) for a period of 10 consecutive years, the Secretary may monitor compliance by the State with the agreement instead of conducting audits under paragraph (1). If a State, while participating in the monitoring program under this section, repeatedly fails to comply with all aspects of the written agreement under subsection (c), the Secretary shall commence the auditing process. The Secretary shall develop procedures for conducting monitoring under this paragraph.''; and (D) in paragraph (3) (as redesignated by subparagraph (B) of this paragraph) by inserting after ``paragraph (1)'' the following: ``, and the results of monitoring conducted under paragraph (2),''. (c) Report to Congress.--Section 327(h) of such title is amended to read as follows: ``(h) Report to Congress.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Jobs Through Environmental Safeguarding and Streamlining Act of 2011, and every 4 years thereafter, the Secretary shall make available to the public and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the results of the program. ``(2) Contents.--For each reporting period, the report shall contain, at a minimum, the following: ``(A) An assessment of whether delays were reduced and project delivery was enhanced as a result of the program. ``(B) An assessment of whether there were cost savings for States participating in the program and the Department of Transportation as a result of the program. ``(C) An assessment of whether environmental concerns were protected and considered in States participating in the program at a level consistent with nonparticipating States. ``(D) Recommendations for changes (if any) that could be made to enhance or improve the program. ``(E) An assessment of the impact and effectiveness of an environmental document quality control program of the transportation department of any State participating in the program.''. (d) Elimination of Termination Date.-- (1) In general.--Section 327(i)(1) of such title is repealed. (2) Conforming amendments.--Chapter 3 of such title is amended-- (A) in section 327-- (i) in the section heading by striking ``pilot''; and (ii) in subsection (a) by striking ``pilot''; and (B) in the chapter analysis by striking the item relating to section 327 and inserting the following: ``327. Surface transportation project delivery program.''.

Jobs Through Environmental Safeguarding and Streamlining Act of 2011 - Revises requirements for the mandatory joint determination by the Administrator of the Environmental Protection Agency (EPA) and the Secretary of Transportation (DOT), with respect to the eligibility for state reimbursement of the federal share of state costs for the advance acquisition of highway rights-of-way for a project eligible for surface transportation program funds, that such advanced acquisition did not influence the environmental assessment of the project, the decision to construct the project, or the selection of the project design or location. Removes the EPA Administrator from this joint determination, leaving the Secretary alone to make it. Authorizes the Secretary to encourage states and other public authorities, where practicable, to acquire broad transportation rights-of-way that have a capacity for future expansion over a 50- to 100- year period to accommodate the state's long-range transportation needs as well as one or more transportation modes. Allows the Secretary to modify project development procedures for any approved highway project, public transportation capital project, or multimodal project for which an environmental impact statement is prepared to encourage programmatic approaches and strategies with respect to environmental programs and permits. Directs the Secretary to issue guidelines to assist state and local governmental entities in assuming an increased role in preparing environmental documents as well as participating in the environmental review process for a project. Modifies the prohibition, under the surface transportation project delivery pilot program, against assignment to a state of the responsibility of the Secretary for any conformity determination under the Clean Air Act with regard to highway projects in the state. Allows the Secretary to assign a state that responsibility for an individual project. Treats any project as a highway project if the Federal Highway Administration (FHWA) is the lead agency for it. Allows the Secretary to assign a state authorities relating to the FHWA and another DOT modal administration with regard to any highway project involving such agencies. Eliminates the limitation to Alaska, California, Ohio, Oklahoma, and Texas of state participation in the program. Allows program participation by any state meeting the selection criteria. Prescribes special rules to permit a state participating in the program on September 30, 2009, to continue in the program and not be required to submit an application. Revises requirements for the written agreement under the pilot program between the Secretary and a state governor to include agreement to carry out the Secretary's assigned responsibilities using the best available science. Limits such an agreement to a five-year renewable term. Allows the agreement to list projects excluded from the program. Prohibits the agreement from imposing on the state a limitation on the use of a project delivery method, if the limitation would not otherwise apply to the state. Treats as a project delivery method state authority to acquire rights-of-way and conduct final design work for a project with state funds on an at-risk basis before completion of the project's environmental review process. Authorizes the Secretary to monitor state compliance with an agreement, instead of conducting an audit, if the state has been participating in the program pursuant to the agreement for 10 consecutive years. Requires the Secretary to commence the auditing process, however, if a state, while participating in the monitoring program, repeatedly fails to comply with all aspects of the agreement. Repeals the termination date for the surface transportation project delivery pilot program, thus making it permanent.

To amend title 23, United States Code, to reauthorize and modify the surface transportation project delivery pilot program, and for other purposes.

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the New Bedford National Historic Landmark District and associated historic sites as described in section 3(b) of this Act, including the Schooner Ernestina, are National Historic Landmarks and are listed on the National Register of Historic Places as historic sites associated with the history of whaling in the United States; (2) the city of New Bedford was the 19th century capital of the world's whaling industry and retains significant architectural features, archival materials, and museum collections illustrative of this period; (3) New Bedford's historic resources provide unique opportunities for illustrating and interpreting the whaling industry's contribution to the economic, social, and environmental history of the United States and provide opportunities for public use and enjoyment; and (4) the National Park System presently contains no sites commemorating whaling and its contribution to American history. (b) Purposes.--The purposes of this Act are-- (1) to help preserve, protect, and interpret the resources within the areas described in section 3(b) of this Act, including architecture, setting, and associated archival and museum collections; (2) to collaborate with the city of New Bedford and with local historical, cultural, and preservation organizations to further the purposes of the park established under this Act; and (3) to provide opportunities for the inspirational benefit and education of the American people. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) The term ``park'' means the New Bedford Whaling National Historical Park established by section 3. (2) The term ``Secretary'' means the Secretary of the Interior. SEC. 3. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK. (a) Establishment.--In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain districts, structures, and relics located in New Bedford, Massachusetts, and associated with the history of whaling and related social and economic themes in America, there is established the New Bedford Whaling National Historical Park. (b) Boundaries.--(1) The boundaries of the park shall be those generally depicted on the map numbered NAR-P49-80000-4 and dated June 1994. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service. In case of any conflict between the descriptions set forth in subparagraphs (A) through (D) and such map, such map shall govern. The park shall include the following: (A) The area included within the New Bedford National Historic Landmark District, known as the Bedford Landing Waterfront Historic District, as listed within the National Register of Historic Places and in the Massachusetts State Register of Historic Places. (B) The National Historic Landmark Schooner Ernestina, with its home port in New Bedford. (C) The land along the eastern boundary of the New Bedford National Historic Landmark District over to the east side of MacArthur Drive from the Route 6 overpass on the north to an extension of School Street on the south. (D) The land north of Elm Street in New Bedford, bounded by Acushnet Avenue on the west, Route 6 (ramps) on the north, MacArthur Drive on the east, and Elm Street on the south. (2) In addition to the sites, areas and relics referred to in paragraph (1), the Secretary may assist in the interpretation and preservation of each of the following: (A) The southwest corner of the State Pier. (B) Waterfront Park, immediately south of land adjacent to the State Pier. (C) The Rotch-Jones-Duff House and Garden Museum, located at 396 County Street. (D) The Wharfinger Building, located on Piers 3 and 4. (E) The Bourne Counting House, located on Merrill's Wharf. SEC. 4. ADMINISTRATION OF PARK. (a) In General.--The park shall be administered by the Secretary in accordance with this Act and the provisions of law generally applicable to units of the national park system, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). (b) Cooperative Agreements.--(1) The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park. (2) Any payment made by the Secretary pursuant to a cooperative agreement under this subsection shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. (c) Non-Federal Matching Requirements.--(1) Funds authorized to be appropriated to the Secretary for the purposes of-- (A) cooperative agreements under subsection (b) shall be expended in the ratio of one dollar of Federal funds for each four dollars of funds contributed by non-Federal sources; and (B) construction, restoration, and rehabilitation of visitor and interpretive facilities (other than annual operation and maintenance costs) shall be expended in the ratio of one dollar of Federal funds for each one dollar of funds contributed by non-Federal sources. (2) For the purposes of this subsection, the Secretary is authorized to accept from non-Federal sources, and to utilize for purposes of this Act, any money so contributed. With the approval of the Secretary, any donation of property, services, or goods from a non- Federal source may be considered as a contribution of funds from a non- Federal source for the purposes of this subsection. (d) Acquisition of Real Property.--For the purposes of the park, the Secretary may acquire only by donation lands, interests in lands, and improvements thereon within the park. (e) Other Property, Funds, and Services.--The Secretary may accept donated funds, property, and services to carry out this Act. SEC. 5. GENERAL MANAGEMENT PLAN. Not later than the end of the second fiscal year beginning after the date of enactment of this Act, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a general management plan for the park and shall implement such plan as soon as practically possible. The plan shall be prepared in accordance with section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)) and other applicable law. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Except as provided in subsection (b), there are authorized to be appropriated such sums as may be necessary to carry out annual operations and maintenance with respect to the park. (b) Exceptions.--In carrying out this Act-- (1) not more than $2,000,000 may be appropriated for construction, restoration, and rehabilitation of visitor and interpretive facilities, and directional and visitor orientation signage; (2) none of the funds authorized to be appropriated by this Act may be used for the operation or maintenance of the Schooner Ernestina; and (3) not more than $50,000 annually of Federal funds may be used for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under section 4(b).

Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, to be administered as a unit of the national park system. Requires expenditures to consist of: (1) one dollar of Federal funds for each four dollars of non-Federal funds for cooperative agreements entered into under this Act; and (2) non-Federal funds matching Federal funds for visitor and interpretive facilities (other than operation and maintenance costs). Requires the Secretary of the Interior to submit to specified congressional committees and to implement a general management plan for the Park. Authorizes appropriations. Limits the amount that may be appropriated for visitor and interpretive facilities and directional and visitor orientation signage. Prohibits the use of appropriations authorized under this Act for operation or maintenance of the Schooner Ernestina and limits the amount of Federal funds that may be used annually for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under this Act.

To establish the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Next Steps for Haiti Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Haiti is the world's first black-led republic and the first Caribbean country to achieve independence. (2) Since its independence on January 1, 1804, the Government of Haiti has struggled to meet the promise of freedom and democracy expressed in the Preliminary Declaration of its 1805 Constitution. (3) Many government changes in the last three decades, accompanied with ongoing violence, have contributed to the government's inability to provide security for its citizens and provide an environment conducive for the development of infrastructure. (4) Since the return of Haiti's democracy, the country has taken steps to achieve a relative measure of stability. However, the 40 percent rise in global food prices and subsequent 50 percent rise in the cost of Haiti's staple foods since mid-2007 has threatened Haiti's security and the capacity of Haiti's economy to prosper. (5) Haiti today stands as the Western Hemisphere's poorest country, and would benefit greatly from technical assistance in the fields of health care, sanitation, capacity building, and the environment. (6) United States Caribbean nationals have traditionally contributed to the economic and social development of their home countries through remittances. Diasporas serve as lobbies in their host countries and as transnational networks and actors in their respective societies. Partnering with the resources of a diaspora can lead to staffing and training of public administration, business development, job creation, and migration management. (7) At least 3 million Haitians live abroad, mostly in the United States and Canada. Members of the Haitian diaspora are Haiti's first customers and investors in tourism, small business, and mining. Return trips by Haitians living abroad provide significant capital for local economies and tourism. (8) According to the Inter-American Development Bank, remittances to families in Haiti reached an estimated 1.83 billion in 2007. These remittances account for 35 percent of Haiti's gross domestic product. (9) The diaspora support is received from hometown associations of professionals focusing on specific fields. These help create small- and medium-sized businesses in Haiti, through micro-volunteer projects and the channeling of funds through local, departmental, and national initiatives. (10) Mobilizing Haitians abroad is one means to advance state and economic reconstruction as well as reversing the brain drain and bring skilled and professional expatriates back to Haiti to greatly expand the nation's management capacity and workforce. SEC. 3. THE NEXT STEPS FOR HAITI ACT OF 2009. (a) Program Authorized.--The Director of Foreign Assistance, in consultation with the democratically elected Government of Haiti and Haitian civil society organizations, is authorized to establish a professional exchange program in Haiti, to be known as the ``Haiti Professional Exchange Program'' (in this Act referred to as the ``Exchange Program''). At all major phases of the Exchange Program, including establishing the Exchange Program's priorities, identifying the most appropriate skills for Exchange Program participants, and selecting and supervising Exchange Program participants, the democratically elected Government of Haiti and Haitian civil society organizations shall be consulted. (b) Purpose.--The purpose of the Exchange Program is to assign qualified Haitian Americans and others to provide technical assistance to help Haiti improve in areas vital to its growth and development, which may include education, energy, environment, healthcare, infrastructure, security, transportation, and disaster preparedness. (c) Coordination.--In carrying out the Exchange Program, the Director of Foreign Assistance shall negotiate an agreement with the democratically elected Government of Haiti to-- (1) provide technical assistance in areas vital to Haiti's growth and development as provided under subsection (b); and (2) identify, in accordance with Haitian needs and priorities, the sectors or professional fields to which Exchange Program participants may provide technical assistance and the objectives to be achieved, including specific projects or programs. (d) Consultation With Haitian Civil Society Organizations.--The democratically elected Government of Haiti should consult with Haitian civil society organizations to identify the needs and priorities of Haiti to outline the sectors or professional fields to which Exchange Program participants may provide technical assistance and the objectives to be achieved, including specific projects or programs. (e) Selection of Individuals for Participation in the Exchange Program.--The Director of Foreign Assistance shall establish a selections committee, consisting of representatives of the democratically elected Government of Haiti and Haitian civil society organizations, to identify criteria that should be met by individuals who wish to participate in the Exchange Program. In addition, the selections committee shall review potential eligible applicants who wish to participate in the Exchange Program to ensure that they can act as experts. (f) Outreach Program To Encourage Participation in the Exchange Program.--The Director of Foreign Assistance shall establish an outreach program to encourage participation in the Exchange Program, by individuals who shall meet the following requirements: (1) Are citizens of the United States or lawfully admitted for permanent residence in the United States. (2) Are-- (A) fluent in Kreyol or are working towards a proficiency in Kreyol, or willing to undertake intensive Kreyol training; or (B) fluent in French or are working towards a proficiency in French, or willing to undertake intensive French training. (3) Possess skills or expertise to further the purposes of this Act. (g) Terms of Participation for Individuals in the Exchange Program.-- (1) Orientation required for individuals in the exchange program.--Participants shall attend an orientation outlined by the Director of Foreign Assistance, in consultation with the selection committee. The orientation shall consist of workshops and seminars designed to prepare participants for their stay in Haiti. Topics addressed shall include the following: (A) A review of the Exchange Program's goals and intentions. (B) A review of Haiti's different approaches to the country's development needs. (C) A review of the potential cultural and behavioral barriers individuals may face while participating in the Exchange Program. (2) Length of service in exchange program.-- (A) 27 months.--Individuals may participate in the Exchange Program for not longer than 27 months. (B) Exception.--If a participant would like to extend the duration of time of participation in the program, an application for such an extension shall be subject to approval of the Director of Foreign Assistance, in consultation with the democratically elected Government of Haiti. Upon approval, individuals may participate in the Exchange Program for one additional year. (C) Compensation and readjustment allowance.-- (i) Compensation.--An individual who participates in the Exchange Program shall receive monthly compensation equal to the average monthly salary of such individual's professional Haitian counterpart. (ii) Readjustment allowance.--At the end of an individual's participation in the Exchange Program, the Director of Foreign Assistance shall provide to such individual a readjustment allowance in an amount equal to the number of months such individual participated in the Exchange Program multiplied by $250. (3) Enactment, notice.-- (A) Establishment.--The Exchange Program shall be established not later than 180 days after the date of the enactment of this Act. (B) Notice.--Not later than 30 days after the date on which the Director of Foreign Assistance establishes the Exchange Program under subsection (a), the Director shall-- (i) provide notice thereof to Congress; and (ii) submit to Congress information on the Exchange Program that contains the agreement governing the scope of work negotiated with the democratically elected Government of Haiti, a recruitment plan for participants, and a description of the qualifications and other appropriate information relating to individuals who are to be recruited to participate in the Exchange Program, including the needs that the individuals are expected to fill under the Exchange Program. (4) Definitions.--In this section: (A) Civil society.--The term ``civil society'' means voluntary civic and social organizations and may include registered charities, grassroots organizations, coalitions and advocacy groups, and professional associations. (B) Expert advisors.--The term ``expert advisors'' means individuals who possess extensive experience in fields which will benefit Haiti that may include education, energy, environment, health care, infrastructure, security, transportation, and disaster preparedness. (5) Authorization of appropriations.-- (A) In general.--There are authorized to be appropriated for each of fiscal years 2009 through 2014 such sums as may be necessary to carry out this section. (B) Sense of congress.--It is the sense of Congress that at least $3,000,000 should be made available for each of the fiscal years specified in subparagraph (A) to carry out this section. (h) Reports.-- (1) In general.--Not later than 18 months after the date of the enactment of this Act and annually thereafter, the Director of Foreign Assistance shall submit to Congress a report regarding the Exchange Program. (2) Contents.--The reports shall include information relating to the following: (A) Individuals and organizations selected to participate and receive funds and a detailed breakdown of the uses of such funds, including purpose, locations, and results. (B) The potential for expansion of the Exchange Program. (C) The number of individuals recruited to participate in the Exchange Program, their countries of origin and their current residences, and the ministry or agency and the locality in which each individual is placed. (D) A statement of financial accounting. SEC. 4. LOAN FORGIVENESS FOR EXCHANGE PROGRAM PARTICIPANTS. (a) Program Established.-- (1) Program authorized.--The Secretary of State, in cooperation with the Secretary of Education, shall establish and implement a program to cancel the obligation of loan borrowers to pay the principal and interest on student loans for program participants, during their service in the Exchange Program under section 2. (2) Method of repayment.--The Secretary of State shall carry out such program by repaying in accordance with subsection (b) the principal and interest, not to exceed a total of $10,000, on a loan made under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) for a borrower who-- (A) has obtained an undergraduate or graduate degree; (B) is selected to participate in the Exchange Program under section 2 of this Act; (C) is a United States citizen or permanent legal resident; and (D) is in repayment status on such loan and is not in default on a loan for which the borrower seeks forgiveness of principal and interest payments. (b) Terms.-- (1) Promise to complete service required for payment.--Any application for payment under subsection (a) shall contain an agreement by the applicant that the applicant will continue in a qualifying service described in subsection (a)(2)(B) for not less than 1 complete year, or will, upon a failure to complete such year, repay the United States the amount of the principal and interest repaid by the Secretary under subsection (a), at a rate and schedule, and in accordance with regulations, prescribed by the Secretary. Such regulations may provide for waiver by the Secretary of such repayment obligations upon proof of economic hardship as specified in such regulations. (2) Payment in installments.--After a borrower has been selected as a participant of the Exchange Program under section 2, the Secretary shall make payments under this section while the borrower is in loan repayment status and continues as a participant of such program. The Secretary shall repay a portion of a borrower's outstanding loan, not to exceed a total of $10,000, in the following increments: (A) Up to $2,000, or 20 percent of the borrower's outstanding loan balance, whichever is less, at the completion of the first year of such service. (B) Up to $2,500, or 25 percent of the borrower's outstanding loan balance, whichever is less, at the completion of the second year of such service. (C) Up to $5,000, or 50 percent of the borrower's outstanding loan balance, whichever is less, at the completion of the third and final year of such service. (c) Regulations.--The Secretary of State is authorized to issue such regulations as may be necessary to carry out this section. Such regulations shall establish procedures by which borrowers shall apply for loan repayment under this section.

Next Steps for Haiti Act of 2009 - Authorizes the Director of Foreign Assistance, in consultation with the government of Haiti and Haitian civil society organizations, to establish the Haiti Professional Exchange Program whose purpose shall be to assign qualified Haitian Americans and others to provide technical assistance to help Haiti improve in areas vital to its growth and development, including education, energy, environment, health care, infrastructure, security, transportation, and disaster preparedness. Requires that the Director establish an outreach program to encourage Exchange Program participation. Sets forth Program provisions. Authorizes appropriations. Directs the Secretary of State to implement a student loan forgiveness program for Program participants.

To provide for professional exchanges with Haiti, and for other purposes.

SECTION 1. HOPE AND LIFETIME LEARNING CREDITS TO BE REFUNDABLE. (a) Credit To Be Refundable.--Section 25A of the Internal Revenue Code of 1986 (relating to Hope and Lifetime Learning credits) is hereby moved to subpart C of part IV of subchapter A of chapter 1 of such Code (relating to refundable credits) and inserted after section 34. (b) Technical Amendments.-- (1) Section 35 of such Code is redesignated as section 36. (2) Section 25A of such Code (as moved by subsection (a)) is redesignated as section 35. (3) Paragraph (1) of section 35(a) of such Code (as redesignated by paragraph (2)) is amended by striking ``this chapter'' and inserting ``this subtitle''. (4) Subparagraph (B) of section 72(t)(7) of such Code is amended by striking ``section 25A(g)(2)'' and inserting ``section 35(g)(2)''. (5) Subparagraph (A) of section 135(d)(2) of such Code is amended by striking ``section 25A'' and inserting ``section 35''. (6) Section 221(e) of such Code is amended-- (A) in paragraph (2)(B), by striking ``section 25A(g)(2)'' and inserting ``section 35(g)(2)'' and by striking ``section 25A(f)(2)'' and inserting ``section 35(f)(2)'', and (B) in paragraph (3), by striking ``section 25A(b)(3)'' and inserting ``section 35(b)(3)''. (7) Clause (i) of section 529(e)(3)(B) of such Code is amended by striking ``section 25A(b)(3)'' and inserting ``section 35(b)(3)''. (8) Subparagraph (A) of section 530(b)(2) is amended by striking ``section 25A(g)(2)'' and inserting ``section 35(g)(2)''. (9) Clause (iii) of section 530(d)(4)(B) is amended by striking ``section 25A(g)(2)'' and inserting ``section 35(g)(2)''. (10) Subsection (e) of section 6050S is amended by striking ``section 25A'' and inserting ``section 35''. (11) Subparagraph (J) of section 6213(g)(2) is amended by striking ``section 25A(g)(1)'' and inserting ``section 35(g)(1)''. (12) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``or from section 35 of such Code''. (13) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 35 and inserting the following: ``Sec. 35. Hope and Lifetime Learning credits. ``Sec. 36. Overpayments of tax.'' (14) The table of sections for subpart A of such part IV is amended by striking the item relating to section 25A. (c) Effective Date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2001. SEC. 2. USE OF REFUNDS OF HOPE AND LIFETIME LEARNING CREDITS AS COLLATERAL FOR SHORT-TERM STUDENT LOANS. (a) In General.--Section 35 of the Internal Revenue Code of 1986 (as redesignated by section 1) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new section: ``(i) Tuition Tax Credit Assignment Loans.-- ``(1) In general.--Any eligible educational institution may provide to a taxpayer described in paragraph (3) a tuition tax credit assignment loan. ``(2) Tuition tax credit assignment loan.--For purposes of this subsection, the term `tuition tax credit assignment loan' means a loan provided to the taxpayer by the eligible educational institution in return for which the taxpayer agrees to authorize the Internal Revenue Service to disburse the loan amount directly to the lender out of the next refund due to the taxpayer that is attributable to a credit under this section. ``(3) Taxpayers eligible for loan.--A taxpayer is eligible for a loan under this subsection if the taxpayer is either-- ``(A) an eligible student for whom a Hope Scholarship Credit under subsection (a)(1) is allowed, or ``(B) a taxpayer for whom a Lifetime Learning Credit is allowed. ``(4) Maximum amount of loan.--The amount of a loan provided under this subsection may not exceed-- ``(A) $1,000, or ``(B) in the case of a first-year or second-year student, $1,500. ``(5) Loan origination fee may be charged.--An eligible educational institution providing a tuition tax credit assignment loan may charge the taxpayer a loan origination fee of up to 5 percent of the loan amount, but may not charge interest on the loan amount. ``(6) 3-year time limit on use of credit refund as collateral.--If a taxpayer who has obtained a tuition tax credit assignment loan has not received a refund attributable to a credit under this section within three years after receiving the loan, then the loan will become due and payable in accordance with the terms of the loan agreement.''. (b) Effective Date.--The amendment made by this section shall apply with respect to credits claimed in taxable years beginning after December 31, 2001.

Amends the Internal Revenue Code to: (1) move the Hope and Lifetime Learning credits from subpart A (Nonrefundable Personal Credits) to subpart C (Refundable Credits); and (2) permit the use of a future refund of such credits as collateral for short-term student loans.

To amend the Internal Revenue Code of 1986 to make the Hope and Lifetime Learning Credits refundable, and to allow taxpayers to obtain short-term student loans by using the future refund of such credits as collateral for the loans.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--WEATHERIZATION ASSISTANCE PROGRAM Sec. 101. Reauthorization of weatherization assistance program. Sec. 102. Grants to eligible multistate housing and energy nonprofit organizations. Sec. 103. Quality assurance program. TITLE II--STATE ENERGY PROGRAMS Sec. 201. Reauthorization of State energy programs. SEC. 2. FINDINGS. Congress finds that-- (1) the State energy program established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) (referred to in this section as ``SEP'') and the Weatherization Assistance Program for Low-Income Persons established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) (referred to in this section as ``WAP'') have proven to be beneficial, long- term partnerships among Federal, State, and local partners; (2) the SEP and the WAP have been reauthorized on a bipartisan basis over many years to address changing national, regional, and State circumstances and needs, especially through-- (A) the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.); (B) the Energy Conservation and Production Act (42 U.S.C. 6801 et seq.); (C) the State Energy Efficiency Programs Improvement Act of 1990 (Public Law 101-440; 104 Stat. 1006); (D) the Energy Policy Act of 1992 (42 U.S.C. 13201 et seq.); (E) the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.); and (F) the Energy Independence and Security Act of 2007 (42 U.S.C. 17001 et seq.); (3) the SEP, also known as the ``State energy conservation program''-- (A) was first created in 1975 to implement a State- based, national program in support of energy efficiency, renewable energy, economic development, energy emergency preparedness, and energy policy; and (B) has come to operate in every sector of the economy in support of the private sector to improve productivity and has dramatically reduced the cost of government through energy savings at the State and local levels; (4) Federal laboratory studies have concluded that, for every Federal dollar invested through the SEP, more than $7 is saved in energy costs and almost $11 in non-Federal funds is leveraged; (5) the WAP-- (A) was first created in 1976 to assist low-income families in response to the first oil embargo; (B) has become the largest residential energy conservation program in the United States, with more than 7,100,000 homes weatherized since the WAP was created; (C) saves an estimated 35 percent of consumption in the typical weatherized home, yielding average annual savings of $437 per year in home energy costs; (D) has created thousands of jobs in both the construction sector and in the supply chain of materials suppliers, vendors, and manufacturers who supply the WAP; (E) returns $2.51 in energy savings for every Federal dollar spent in energy and nonenergy benefits over the life of weatherized homes; (F) serves as a foundation for residential energy efficiency retrofit standards, technical skills, and workforce training for the emerging broader market and reduces residential and power plant emissions of carbon dioxide by 2.65 metric tons each year per home; and (G) has decreased national energy consumption by the equivalent of 24,100,000 barrels of oil annually; (6) the WAP can be enhanced with the addition of a targeted portion of Federal funds through an innovative program that supports projects performed by qualified nonprofit organizations that have a demonstrated capacity to build, renovate, repair, or improve the energy efficiency of a significant number of low-income homes; (7) the WAP has increased energy efficiency opportunities by promoting new, competitive public-private sector models of retrofitting low-income homes through new Federal partnerships; (8) improved monitoring and reporting of the work product of the WAP has yielded benefits, and expanding independent verification of efficiency work will support the long-term goals of the WAP; (9) reports of the Government Accountability Office in 2011, Inspector General of the Department of Energy, and State auditors have identified State-level deficiencies in monitoring efforts that can be addressed in a manner that will ensure that WAP funds are used more effectively; (10) through the history of the WAP, the WAP has evolved with improvements in efficiency technology, including, in the 1990s, many States adopting advanced home energy audits, which has led to great returns on investment; and (11) as the home energy efficiency industry has become more performance-based, the WAP should continue to use those advances in technology and the professional workforce. TITLE I--WEATHERIZATION ASSISTANCE PROGRAM SEC. 101. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PROGRAM. Section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is amended by striking ``appropriated--'' and all that follows through the period at the end and inserting ``appropriated $450,000,000 for each of fiscal years 2016 through 2020.''. SEC. 102. GRANTS TO ELIGIBLE HOUSING AND NONPROFIT ORGANIZATIONS. The Energy Conservation and Production Act is amended by inserting after section 414B (42 U.S.C. 6864b) the following: ``SEC. 414C. GRANTS TO ELIGIBLE HOUSING AND NONPROFIT ORGANIZATIONS. ``(a) Purposes.--The purposes of this section are-- ``(1) to expand the number of low-income, single-family and multifamily homes that receive energy efficiency retrofits; ``(2) to promote innovation and new models of retrofitting low-income homes through new Federal partnerships with covered organizations that leverage donations, donated materials, volunteer labor, homeowner labor equity, and other private sector resources; ``(3) to assist the covered organizations in demonstrating, evaluating, improving, and replicating widely the model low- income energy retrofit programs of the covered organizations; and ``(4) to ensure that the covered organizations make the energy retrofit projects undertaken by the covered organizations with awarded funds self-sustaining by the time grant funds have been expended. ``(b) Definition.--In this section, the term `covered organization' means an organization that-- ``(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code; and ``(2) has an established record of constructing, renovating, repairing, or making energy efficient an aggregate quantity of not less than 250 owner-occupied, single-family or multifamily homes for low-income households, either directly or through affiliates, chapters, or other direct partners (using the most recent year for which data are available). ``(c) In General.--The Secretary shall make grants to covered organizations through a national competitive process for use in accordance with this section. ``(d) Award Factors.--In making grants under this section, the Secretary shall consider-- ``(1) the number of low-income homes the applicant-- ``(A) has built, renovated, repaired, or made more energy efficient as of the date of the application; and ``(B) can reasonably be projected to build, renovate, repair, or make energy efficient during the grant period beginning on the date of the application; ``(2) the qualifications, experience, and past performance of the applicant, including experience successfully managing and administering Federal funds; ``(3) the number and diversity of States, communities, and climates in which the applicant works and the diversity of housing types requiring weatherization as of the date of the application; ``(4) the amount of non-Federal funds, donated or discounted materials, discounted or volunteer skilled labor, volunteer unskilled labor, homeowner labor equity, and other resources the applicant will provide; ``(5) the extent to which the applicant could successfully replicate the proposed energy retrofit project and sustain the project after the grant funds have been expended; and ``(6) such other factors as the Secretary determines to be appropriate. ``(e) Applications.-- ``(1) In general.--Not later than 120 days after the date of enactment of this section, the Secretary shall solicit proposals from covered organizations. ``(2) Administration.--To be eligible to receive a grant under this section, an applicant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(3) Awards.--Not later than 90 days after the closing date established by the Secretary for receipt of proposals, the Secretary shall award grants under this section. ``(f) Eligible Uses of Grant Funds.--A grant under this section may be used to-- ``(1) conduct energy efficiency audits; ``(2) perform cost-effective retrofit and related weatherization activities, including purchase of energy efficient materials and supplies; ``(3) conduct training activities and provide ongoing technical assistance; ``(4) provide information to homeowners on proper maintenance and energy savings behaviors; ``(5) conduct data collection, measurement, and verification activities to facilitate program monitoring, oversight, evaluation, and reporting; ``(6) manage and administer the grant (up to a maximum of 10 percent of the total grant); and ``(7) obtain and conduct such other materials and activities as the Secretary determines to be appropriate. ``(g) Maximum Amount.--The amount of a grant provided under this section shall not exceed $5,000,000. ``(h) Guidelines.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Secretary shall issue guidelines to implement the grant program established under this section. ``(2) Administration.--The guidelines shall establish-- ``(A) criteria for allowable expenditures; ``(B) a methodology to determine a minimum energy savings-to-investment ratio; ``(C) criteria for-- ``(i) the conduct of weatherization training programs; ``(ii) the conduct of energy audits and program activities; ``(iii) the conduct of project monitoring activities; and ``(iv) the use of methodologies to verify energy and cost savings; ``(D) liability insurance requirements; and ``(E) recordkeeping requirements, which shall include reporting to the Office of Weatherization and Intergovernmental Programs of the Department of Energy applicable data on each home retrofitted. ``(i) Review and Evaluation.--The Secretary shall review and evaluate the performance of any covered organization that receives a grant under this section (which may include an audit), as determined by the Secretary. ``(j) Compliance With State and Local Law.--Nothing in this section or any program carried out using a grant provided under this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the applicable requirement of this section. ``(k) Annual Reports.--The Secretary shall submit to Congress annual reports that provide a description of energy and cost savings achieved and actions taken under this section. ``(l) Funding.--Of the funds made available to carry out this part for each of fiscal years 2016 through 2020 under section 422, the Secretary shall make available to carry out this section-- ``(1) 2 percent of the amount if less than $225,000,000 is available; ``(2) 5 percent of the amount if $225,000,000 or more but less than $260,000,000 is available; ``(3) 10 percent of the amount if $260,000,000 or more but less than $400,000,000 is available; and ``(4) 20 percent of the amount if $400,000,000 or more is available.''. SEC. 103. QUALITY ASSURANCE PROGRAM. Section 415 of the Energy Conservation and Production Act (42 U.S.C. 6865) is amended by adding at the end the following: ``(f) Quality Assurance Program.-- ``(1) Contractor qualification.--Effective beginning January 1, 2016, to be eligible to carry out weatherization using funds made available under this part, a contractor shall be selected through a competitive bidding process and be-- ``(A) accredited by the Building Performance Institute; ``(B) an Energy Smart Home Performance Team accredited under the Residential Energy Services Network; or ``(C) accredited by an equivalent accreditation or program accreditation-based State certification program approved by the Secretary. ``(2) Grants to nonprofit organizations.-- ``(A) In general.--To be eligible to receive a grant under section 414C, a covered organization (as defined in section 414C(b)) shall use a crew chief who-- ``(i) is certified or accredited in accordance with paragraph (1); and ``(ii) supervises the work performed with grant funds. ``(B) Volunteer labor.--A volunteer who performs work for a covered organization that receives a grant under section 414C shall not be required to be certified under this subsection if the volunteer is not directly installing or repairing mechanical equipment or other items that require skilled labor. ``(3) Minimum efficiency standards.--Effective beginning October 1, 2016, the Secretary shall ensure that-- ``(A) each retrofit for which weatherization assistance is provided under this part meets minimum efficiency and quality of work standards established by the Secretary after weatherization of a dwelling unit; ``(B) at least 10 percent of such dwelling units are randomly inspected by a third party accredited as described in paragraph (1) (A) through (C) to ensure compliance with the minimum efficiency and quality of work standards established under subparagraph (A); and ``(C) the standards established under this subsection meet or exceed the industry standards for home performance work that are in effect on the date of enactment of this subsection, as determined by the Secretary.''. TITLE II--STATE ENERGY PROGRAMS SEC. 201. REAUTHORIZATION OF STATE ENERGY PROGRAMS. Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking ``$125,000,000 for each of fiscal years 2007 through 2012'' and inserting ``$75,000,000 for each of fiscal years 2016 through 2020''.

Weatherization Enhancement and Local Energy Efficiency Investment and Accountability Act This bill amends the Energy Conservation and Production Act to reauthorize the Weatherization Assistance Program for low-income persons through FY2020. The Department of Energy (DOE) must make competitive grants to qualified tax-exempt charitable organizations for energy efficiency retrofits of low-income homes. The grants may be used for single-family and multifamily housing. Contractors carrying out weatherization with funds under the bill must be selected through a competitive bidding process and be accredited as specified by this bill. In order to receive a grant, organizations must use a crew chief who is certified or accredited as required by this bill. Beginning on October 1, 2016, DOE must ensure that: (1) each retrofit for which weatherization assistance is provided meets minimum efficiency and quality of work standards, (2) at least 10% of the dwelling units are randomly inspected by an accredited third party to ensure compliance with the standards, and (3) the standards meet or exceed the current industry standards for home performance work. The bill amends the Energy Policy and Conservation Act to reauthorize the program for state energy conservation plans through FY2020.

Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Otay Mountain Wilderness Act of 1999''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The public lands within the Otay Mountain region of California are one of the last remaining pristine locations in western San Diego County, California. (2) This rugged mountain adjacent to the United States-Mexico border is internationally known for its diversity of unique and sensitive plants. (3) This area plays a critical role in San Diego's multi- species conservation plan, a national model made for maintaining biodiversity. (4) Due to its proximity to the international border, this area is the focus of important law enforcement and border interdiction efforts necessary to curtail illegal immigration and protect the area's wilderness values. (5) The illegal immigration traffic, combined with the rugged topography, also presents unique fire management challenges for protecting lives and resources. SEC. 3. DESIGNATION. In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain public lands in the California Desert District of the Bureau of Land Management, California, comprising approximately 18,500 acres as generally depicted on a map entitled ``Otay Mountain Wilderness'' and dated May 7, 1998, are hereby designated as wilderness and therefore as a component of the National Wilderness Preservation System, which shall be known as the Otay Mountain Wilderness. SEC. 4. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of the enactment of this Act, a map and a legal description for the Wilderness Area shall be filed by the Secretary with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. Such map and legal description shall have the same force and effect as if included in this Act, except that the Secretary, as appropriate, may correct clerical and typographical errors in such legal description and map. Such map and legal description for the Wilderness Area shall be on file and available for public inspection in the offices of the Director and California State Director, Bureau of Land Management, Department of the Interior. (b) United States-Mexico Border.--In carrying out this section, the Secretary shall ensure that the southern boundary of the Wilderness Area is 100 feet north of the trail depicted on the map referred to in subsection (a) and is at least 100 feet from the United States-Mexico international border. SEC. 5. WILDERNESS REVIEW. The Congress hereby finds and directs that all the public lands not designated wilderness within the boundaries of the Southern Otay Mountain Wilderness Study Area (CA-060-029) and the Western Otay Mountain Wilderness Study Area (CA-060-028) managed by the Bureau of Land Management and reported to the Congress in 1991, have been adequately studied for wilderness designation pursuant to section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), and are no longer subject to the requirements contained in section 603(c) of that Act pertaining to the management of wilderness study areas in a manner that does not impair the suitability of such areas for preservation as wilderness. SEC. 6. ADMINISTRATION OF WILDERNESS AREA. (a) In General.--Subject to valid existing rights and to subsection (b), the Wilderness Area shall be administered by the Secretary in accordance with the provisions of the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (1) any reference in such provisions to the effective date of the Wilderness Act is deemed to be a reference to the effective date of this Act; and (2) any reference in such provisions to the Secretary of Agriculture is deemed to be a reference to the Secretary of the Interior. (b) Border Enforcement, Drug Interdiction, and Wildland Fire Protection.--Because of the proximity of the Wilderness Area to the United States-Mexico international border, drug interdiction, border operations, and wildland fire management operations are common management actions throughout the area encompassing the Wilderness Area. This Act recognizes the need to continue such management actions so long as such management actions are conducted in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and are subject to such conditions as the Secretary considers appropriate. SEC. 7. FURTHER ACQUISITIONS. Any lands within the boundaries of the Wilderness Area that are acquired by the United States after the date of the enactment of this Act shall become part of the Wilderness Area and shall be managed in accordance with all the provisions of this Act and other laws applicable to such a wilderness. SEC. 8. NO BUFFER ZONES. The Congress does not intend for the designation of the Wilderness Area by this Act to lead to the creation of protective perimeters or buffer zones around the Wilderness Area. The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness Area shall not, of itself, preclude such activities or uses up to the boundary of the Wilderness Area. SEC. 9. DEFINITIONS. As used in this Act: (1) Public lands.--The term ``public lands'' has the same meaning as that term has in section 103(e) of the Federal Land Policy and Management Act of 1976. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Wilderness area.--The term ``Wilderness Area'' means the Otay Mountain Wilderness designated by section 3. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Otay Mountain Wilderness Act of 1998 - Designates specified public lands in the California Desert District of the Bureau of Land Management as the Otay Mountain Wilderness. Recognizes that, because of the Wilderness Area's proximity to the U.S.-Mexican international border, drug interdiction, border operations, and wildland fire management operations need to continue so long as they are conducted in accordance with the Wilderness Act and any conditions the Secretary of the Interior considers appropriate. Declares that such designation is not intended to lead to the creation of protective buffer zones around the Wilderness.

Otay Mountain Wilderness Act of 1999

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Park Centennial Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. TITLE I--CENTENNIAL FUND Sec. 101. Centennial fund for preserving America's national parks. Sec. 102. Designation of overpayments and contributions for the benefit of units of the National Park System. Sec. 103. Program allocation. Sec. 104. Patriots for national parks. TITLE II--ELIMINATING THE NATIONAL PARK MAINTENANCE BACKLOG Sec. 201. Backlog elimination. TITLE III--PROTECTING NATURAL WONDERS Sec. 301. Natural resource challenge. TITLE IV--PROTECTING NATIONAL TREASURES Sec. 401. Cultural resource challenge. TITLE V--MEETING ANNUAL OPERATING NEEDS Sec. 501. Progress on annual appropriations. TITLE VI--REPORTS Sec. 601. Reports assessing the national parks. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The National Park Service was established to conserve the national parks, their scenery, natural and historic objects, and wildlife for public enjoyment, in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. (2) The central purpose of the establishment of our national parks is being challenged by chronic funding shortfalls, which have created annual shortfalls in operational funding that exceed $800,000,000, and have amassed a maintenance backlog estimated by the Congressional Research Service to be between $4,520,000,000 and $6,800,000,000. (3) Without providing the Park Service the resources necessary to operate and maintain our national parks, future generations will-- (A) receive diminished visitor services; (B) experience a continually weakening system that is less and less able to fulfill its mission; and (C) inherit a National Park System that has been left to them in worse condition than it was left to their ancestors. (4) The annual Congressional appropriations process has proved insufficient to fully address the debilitating funding shortfalls of the national parks, making it necessary to supplement what the appropriations process is able to accomplish. (5) It is necessary to ensure that fiscal resources devoted to the national parks are spent wisely and effectively, making strong congressional oversight over annual appropriations extremely important. (6) Congress can enhance the resources available for national park operations and ensure adequate oversight over Park Service spending by removing from the appropriations process a series of funding responsibilities that are outside the core operating budgets for the national parks. (b) Purpose.--The purpose of this Act is to eliminate the annual operating deficit and the maintenance backlog in the national parks by the centennial anniversary of the National Park System by enabling Congress to focus on overseeing and fully funding the core operations of the national parks in the annual appropriations process. TITLE I--CENTENNIAL FUND SEC. 101. CENTENNIAL FUND FOR PRESERVING AMERICA'S NATIONAL PARKS. (a) Establishment.--There is established in the Treasury a fund which shall be known as the ``National Park Centennial Fund'', hereinafter in this Act referred to as the ``Centennial Fund''. In each fiscal year beginning in fiscal year 2008, the Secretary of the Treasury shall deposit into the Centennial Fund amounts set forth in subsection (b) sufficient to fund the programs identified in titles II, III, and IV. (b) Appropriations.--There are hereby appropriated to the Centennial Fund in each fiscal year, the following amounts: (1) Amounts equivalent to the amounts designated in the taxable year ending in the fiscal year concerned under section 6097 of the Internal Revenue Code of 1986. (2) Any additional amounts necessary to make the total amounts deposited to the Centennial Fund each fiscal year equal to the total amount listed in section 103. SEC. 102. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM ``Part IX--Designation of Overpayments and Contributions for the Benefit of Units of the National Park System ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that-- ``(1) a specified portion (but not less than $1) of any overpayment of tax for such taxable year, and ``(2) any cash contribution which the taxpayer includes with such return, shall be used for the benefit of units of the National Park System. ``(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 the tax imposed by chapter 1 for such taxable year. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of any overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end thereof the following new item: ``Part IX. Designation of overpayments and contributions for the benefit of units of the National Park System''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 103. PROGRAM ALLOCATION. (a) Annual Deposits.--There shall be deposited in the Centennial Fund from amounts designated under section 6097 of the Internal Revenue Code of 1986 (and from the General Fund of the Treasury to the extent the amounts so designated are less than the total amounts specified in this section for the fiscal year concerned), $200,000,000 for fiscal year 2008 and, for each succeeding fiscal year through fiscal year 2016, an amount equal to 15 percent above the amount deposited the prior fiscal year. Such amounts shall, without further appropriation, be available to the Secretary of the Interior until expended. (b) Sunset.--Effective October 1, 2016, titles II, III, and V of this Act shall expire, after which time receipts generated from section 6097 of the Internal Revenue Code of 1986 shall be used to supplement annual appropriations for base operations of the individual national parks. SEC. 104. PATRIOTS FOR NATIONAL PARKS. There are hereby authorized to be appropriated to the Secretary of the Interior such sums as necessary for a public awareness campaign about the existence of the Centennial Fund and the ability of taxpayers to contribute to it through the tax checkoff created in section 6097 of the Internal Revenue Code of 1986. TITLE II--ELIMINATING THE NATIONAL PARK MAINTENANCE BACKLOG SEC. 201. BACKLOG ELIMINATION. (a) In General.--Sixty percent of the funds deposited into the Centennial Fund shall be used to eliminate the backlog of unmet needs in the national parks, as identified in the Facility Condition Index (hereinafter in this Act referred to as the ``FCI'') of the National Park Service. (b) Priorities.--(1) The Secretary of the Interior shall prepare, as part of the annual budget proposal, a priority list of projects to be funded under this section. Moneys shall be made available from the Centennial Fund, without further appropriation, effective October 15 of each calendar year, for the projects identified on the priority list. (2) In preparing the list of projects to be funded under this section, the Secretary of the Interior shall give priority to projects that-- (A) are identified in the general management plan of a national park; (B) are listed in the FCI; (C) are identified by the Secretary of the Interior as necessary to prevent immediate damage to the natural, cultural, or historic resources with a national park, with priority given to projects with the most significant benefit to conservation of resources or visitor education; and (D) are identified as necessary to promote public health and safety. (c) Overhead.--National parks undertaking projects under this section may allocate not more than 8 percent of the funds for such projects for oversight of such projects and other associated overhead responsibilities. TITLE III--PROTECTING NATURAL WONDERS SEC. 301. NATURAL RESOURCE CHALLENGE. (a) Natural Resource Protection.--Twenty percent of the funds deposited into the Centennial Fund shall be used to protect natural resources within national parks. (b) Project Description.--The Secretary of the Interior shall prepare, as part of the annual budget proposal, a description of projects to be funded under this section. Moneys shall be made available from the Centennial Fund, without further appropriation, effective October 15 of each calendar year for projects that include each of the following: (1) Natural resource inventories. (2) Monitoring efforts including air and water quality monitoring. (3) Protection of native and endangered species and their habitats. (4) Control of nonnative species. (5) Resource planning. (6) Increased collaboration with scientists. (7) Authorized environmental restoration projects. (8) Use of national parks for learning, including visitor education and interpretation. (9) Establishment of partnerships with nonpark entities for the purpose of leveraging Federal funds allocated to natural resource protection. TITLE IV--PROTECTING NATIONAL TREASURES SEC. 401. CULTURAL RESOURCE CHALLENGE. (a) Cultural Resources.--Twenty percent of the funds deposited into the Centennial Fund shall be used to protect cultural resources within national parks. (b) Project Description.--The Secretary of the Interior shall prepare, as part of the annual budget proposal, a description of projects to be funded under this section. Moneys shall be made available from the Centennial Fund, without further appropriation, effective October 15 of each calendar year, for activities that include each of the following: (1) Cultural or historic resources not listed on the FCI. (2) Documenting and preserving archaeological sites. (3) Preserving collections and archives. (4) Ethnographic activities. (5) Evaluating and protecting cultural landscapes. (6) Use of national parks for learning, including visitor education and interpretation. (7) Establishment of partnerships with non-park entities for the purpose of leveraging Federal funds allocated to cultural resource protection. TITLE V--MEETING ANNUAL OPERATING NEEDS SEC. 501. PROGRESS ON ANNUAL APPROPRIATIONS. (a) GAO Report.--The General Accounting Office biennially shall submit to the Committee on Appropriations, Committee on Government Reform, and Committee on Resources of the United States House of Representatives and to the Committee on Appropriations, Committee on Government Affairs, and Committee on Energy and Natural Resources of the United States Senate a report that describes each of the following: (1) The progress of Congress in eliminating the annual operating fund deficit in the National Park System, defined as in excess of $800,000,000 based on a 2006 estimate of then- complete national park business plans, and a projection of when such deficit will be eliminated, based on funding levels and trends. (2) A comparison of business plan estimates of national park needs versus actual funds appropriated to such national parks. (3) Any differences in the National Park Service's business plan methodology for the estimate in paragraph (2) of this subsection compared to that used in fiscal year 2003. (4) Management improvement measures undertaken by individual park units and by the National Park Service as a whole, including actual realized savings and actual impact on visitor services and resource protection. (5) Adjustments in, and the total number of, full-time equivalent and actual positions dedicated to resource protection, visitor services, interpretation, and other employment categories. (6) Any adjustments made in service to the public, including but not limited to adjustments to visitor center hours and the number or quality of ranger-led tours. (7) Any changes in the National Park Service's level of effort due to partnership or other leveraged activities. (8) Any new requirements and assessments placed on the national parks for unbudgeted expenses, including, but not limited to, homeland security, natural disasters, and employee cost-of-living adjustments. (9) An assessment of the accuracy and completeness of the Facility Condition Index described in title I of this Act, including adjustments made to such Index on an annual basis. (b) Business Plan Implementation Demonstration Program.--In consultation with the Director of the National Park Service, at least 60 percent of the amounts provided under titles II, III, and IV shall be distributed to national parks that have completed comprehensive business plans under the Business Plan Initiative of the National Park Service. (c) Education and the National Parks.--The Secretary of Education is hereby authorized to provide grants to elementary and secondary schools to enter into cooperative agreements with the National Park Service for the purpose of distance learning and onsite education programs for the following purposes: (1) Connecting students to the history of our Nation through the national parks. (2) Using the national parks to facilitate scientific instruction. (d) Intent of Congress To Supplement Annual Appropriations for National Park Service.--Amounts made available by this Act are intended by the Congress to supplement, and not detract from, annual appropriations for the National Park Service. TITLE VI--REPORTS SEC. 601. REPORTS ASSESSING THE NATIONAL PARKS. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Secretary of the Interior shall submit to Congress the following reports: (1) A comprehensive report of the historical, cultural, and environmental resources currently represented in the National Park System. The report shall include recommendations regarding what gaps, if any, in resource representation may be filled by the National Park Service during its second centennial. (2) A comprehensive report of the National Park Service's outreach efforts to raise interest in National Parks among young people and different ethnic groups. The report shall include-- (A) an analysis of partnerships between National Parks and local communities that are working on educational programs and of the programs on which they are working; and (B) recommendations regarding how the outreach efforts and partnerships could be improved during the National Park Service's second centennial. (3) A comprehensive report on the condition of the roads and bridges used by visitors in National Parks. The report shall inventory the needs for repairs and replacements of those roads and bridges and recommendations for new roads and bridges. (4) A comprehensive report on the conditions of alternative transportation systems in National Parks. The report shall include recommendations for repairs and replacements of alternative transportation systems, and for additional alternative transportation systems, especially those needed to accommodate bicyclists and pedestrians. For the purpose of this paragraph, ``alternative transportation systems''-- (A) means transportation by bus, rail, or any other publicly or privately owned conveyance that provides service to the public general or special service on a regular basis; (B) includes sightseeing service; (C) includes a non-motorized transportation system (including the provision of facilities for pedestrians, bicycles and nonmotorized craft) both public and private; and (D) is not limited to systems that provide access to motorized systems. (b) Funding.--The Secretary of the Interior shall use the first $300,000 deposited into the Centennial Fund to carry out this section.

National Park Centennial Act - Establishes the National Park Centennial Fund in the Treasury. Amends the Internal Revenue Code to allow individual taxpayers to designate overpayments and contributions for the benefit of the National Park System. Allocates such amounts to the Fund (along with necessary amounts from the General Fund to the extent that such amounts are inadequate in any fiscal year) for expenditure by the Secretary of the Interior. Authorizes appropriations for a public awareness campaign about the Fund and the ability of taxpayers to make tax-related contributions. Requires a specified percentage of Fund deposits to be used: (1) for the elimination of the backlog of unmet needs in the national parks as identified in the Facility Condition Index of the National Park Service (NPS); (2) to protect natural resources within the parks; and (3) to protect cultural resources within the parks. Requires a majority of such percentages to be distributed to those national parks that have completed comprehensive business plans under the Business Plan Initiative of the NPS. Directs the Government Accountability Office (GAO) annually to submit a report on the National Park System. Authorizes the Secretary of Education to provide grants to elementary and secondary schools for cooperative agreements with the NPS providing distance learning and onsite education programs. Requires the Secretary of the Interior to submit specified reports assessing the national parks.

To eliminate the annual operating deficit and maintenance backlog in the national parks, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Seniors Safe From Falls Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) One third of older adults over age 65 fall each year. Falls are the leading cause of injury deaths among individuals for this population with risk of falling and injury rates increasingly common with advanced age. (2) Older adults are hospitalized for fall-related injuries five times more often than for injuries from other causes. (3) In 2003, falls among older adults accounted for 12,900 deaths, 1,800,000 emergency department visits, and 421,000 hospitalizations. (4) In 2003, unintentional falls accounted for more than 62.7 percent of nonfatal injuries for people age 65 or older. (5) 87 percent of all fractures among older adults are due to falls. (6) Among older adults who fall, 20 to 30 percent suffer moderate to severe injuries such as hip fractures or head traumas that reduce mobility and independence, increase the risk of premature death, and lead to serious health problems. (7) Hospital admissions for hip fractures among the elderly have increased from 231,000 admissions in 1988 to 338,000 in 1999, with an average hospital stay of one week. (8) From 2000 to 2040, the number of people age 65 or older is projected to increase from 34.8 million to 77.2 million. Given our aging population, by the year 2040, the number of hip fractures is expected to exceed 500,000. (9) 25 percent of older adults who sustain hip fractures remain institutionalized for at least one year and 50 percent of all older people hospitalized for hip fractures cannot return home or live independently after their injury, never returning to their prior level of mobility. (10) 25 percent of adults age 65 or older who sustain a hip fracture die within a year. (11) Annually, more than 64,000 individuals who are over 65 years of age sustain a traumatic brain injury as a result of a fall. (12) The total cost of all fall injuries for people age 65 and older was calculated in 1994 to be $27,300,000,000 (in 2004 dollars). By 2020 the cost of fall injuries is expected to reach $43,800,000,000 annually. (13) A national approach to reducing falls among older adults, which focuses on the daily life of senior citizens in residential, institutional, and community settings, is needed. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended-- (1) by redesignating section 393B (as added by section 1401 of Public Law 106-386) as section 393C and transferring such section so that it appears after section 393B (as added by section 1301 of Public Law 106-310); and (2) by inserting after section 393C (as redesignated and transferred by paragraph (1)) the following: ``SEC. 393D. PREVENTION OF FALLS AMONG OLDER ADULTS. ``(a) Purposes.--The purposes of this section are-- ``(1) to develop effective public education strategies in a national initiative to reduce falls among older adults and to educate older adults, family members, employers, caregivers, and others; ``(2) to intensify services and conduct research to determine the most effective approaches to preventing and treating falls among older adults; ``(3) to support demonstration projects designed to reduce the risk of falls and/or injuries caused by falls; and ``(4) to require the Secretary to evaluate the effect of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing health care costs associated with falls. ``(b) Public Education.--The Secretary shall-- ``(1) oversee and support a national education campaign and award grants, contracts, and cooperative agreements to be carried out by qualified organizations that focuses on reducing falls among older adults and preventing repeat falls; and ``(2) award grants, contracts, or cooperative agreements to qualified organizations, institutions, or consortia of qualified organizations and institutions, for the purpose of organizing State-level coalitions of appropriate State and local agencies, safety, health, senior citizen, city planning, and other organizations to design and carry out local education campaigns, focusing on reducing falls among older adults, preventing repeat falls, and planning and designing safe communities. ``(c) Professional Education.--The Secretary shall-- ``(1) oversee and support a national education campaign and award grants, contracts, and cooperative agreements to be carried out by qualified organizations that focuses on educating physicians, allied health professionals, and related providers of health and safety services about falls risk, assessment and prevention; and ``(2) award grants, contracts, or cooperative agreements to qualified organizations, institutions, or consortia of qualified organizations and institutions, including nonprofit safety and aging-related organizations that have a demonstrated interest in fall prevention, safety and older adult issues, for the purpose of designing and carrying out State-level professional education campaigns to educate physicians, allied health professionals, and related providers of health and safety services about falls risk, assessment and prevention. ``(d) Research.--The Secretary shall award grants, contracts, or cooperative agreements to qualified organizations, institutions, or consortia of qualified organizations and institutions, to-- ``(1) conduct and support research to-- ``(A) improve the identification of older adults who have a high risk of falling; ``(B) improve data collection and analysis to identify fall risk and protective factors; ``(C) design, implement, and evaluate the most effective fall prevention interventions; ``(D) design, implement, and evaluate medication management interventions; ``(E) improve strategies that are proven to be effective in reducing falls by tailoring these strategies to specific populations of older adults; ``(F) conduct research in order to maximize the dissemination of proven, effective fall prevention interventions; ``(G) intensify proven interventions to prevent falls among older adults; ``(H) improve the diagnosis, treatment, and rehabilitation of elderly fall victims; and ``(I) assess the risk of falls occurring in various settings; to include the role of the environment of falls and the effectiveness of environment interventions on preventing falls; ``(2) conduct research concerning barriers to the adoption of proven interventions with respect to the prevention of falls among older adults; ``(3) conduct research to develop, implement, and evaluate the most effective approaches to reducing falls among high-risk older adults living in long-term care facilities; ``(4) evaluate the effectiveness of community programs to prevent assisted living and nursing home falls among older adults; ``(5) conduct research to identify effective strategies in home modifications to promote independent living and a reduction in falls; and ``(6) identify an existing Web site, or establish a Web site, to serve as an information clearinghouse and repository of falls research and activities being conducted by agencies, organizations, academic institutions and related groups. ``(e) Demonstration Projects.-- ``(1) Collaborations between health care providers and aging services network.-- ``(A) In general.--The Secretary shall oversee and support demonstration projects through grants, contracts, and cooperative agreements designed to reduce the risk of falls, or injuries caused by falls, or both, in frail older adults, emphasizing projects that foster collaboration between health care providers and the aging services network, including the following: ``(i) Demonstrations that target at-risk older adult populations, particularly those with functional limitations, to maximize their independence and quality of life. ``(ii) Demonstrations that assess the effectiveness of clinical risk factor screening and management when linked to community-based programs and services that support behavior change, activity, and other appropriate interventions. ``(iii) Demonstrations that assess the feasibility and effectiveness of offering evidence-based behavior change and physical activity interventions that address falls risk in accessible non-medical settings, with linkages to health care providers. ``(iv) Private sector and public-private partnerships to develop technology to prevent falls among older adults and prevent or reduce injuries if falls occur, including technology designed to measure, assess, and rate the traction of consumer flooring materials, floor polishes, and walkway agents. ``(B) Evaluations.--The Secretary shall award one or more grants, contracts, or cooperative agreements to a qualified research organization or university, as determined by the Secretary, to conduct evaluations of the effectiveness of the demonstration projects described in subparagraph (A). ``(2) Collaborations between health care providers and residential and institutional settings.-- ``(A) In general.--The Secretary shall oversee and support demonstration projects designed to reduce the risk of falls, or injuries caused by falls, or both, in frail older adults, emphasizing projects that foster collaboration between health care providers and residential and institutional settings, including the following: ``(i) A multi-State demonstration project to implement and evaluate fall prevention programs using proven intervention strategies designed for multifamily residential settings with high concentrations of appropriate at-risk populations of older adults to maximize independence and quality of life, particularly those with functional limitations. For purposes of carrying out such project, the Secretary shall award one or more grants, contracts, or cooperative agreements to one or more qualified organizations, institutions, or consortia of qualified organizations and institutions. ``(ii) Demonstration projects that assess the effectiveness of clinical risk factor screening and management and that is integrated with the Aging Services Network of residential programs and services capable of providing long-range supportive environments and activity programs to affect behavior change and falls risk. ``(iii) Evidence-based, residential and institutional programs that promote the adoption of healthy behaviors and enhanced physical activity level, and that address other appropriate risk factors to reduce the risk of falls. ``(iv) Private sector and public-private partnerships to develop technology to prevent falls among older adults and prevent or reduce injuries if falls occur. ``(B) Evaluations.--The Secretary shall award one or more grants, contracts, or cooperative agreements to a qualified research organization or university, as determined by the Secretary, to conduct evaluations of the effectiveness of the demonstration projects described in subparagraph (A). ``(f) Study of Effects of Falls on Health Care Costs.-- ``(1) In general.--The Secretary shall conduct a review of the effects of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing health care costs associated with falls. ``(2) Report.--Not later than 36 months after the date of the enactment of the Keeping Seniors Safe From Falls Act of 2006, the Secretary shall submit to Congress a report describing the findings of the Secretary in conducting the review under paragraph (1). ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $35,000,000 for each of the fiscal years 2007 through 2010.''.

Keeping Seniors Safe From Falls Act of 2006 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to: (1) oversee and support national education campaigns focusing on reducing falls among older adults, on preventing repeat falls, and on educating health professionals about falls risk, assessment, and prevention; and (2) award grants for local and state education campaigns. Directs the Secretary to conduct and support research to: (1) improve the identification of older adults who have a high risk of falling; (2) improve data collection and analysis to identify fall risk and protective factors; (3) design, implement, and evaluate the most effective fall prevention and medication management interventions; (4) tailor strategies to reduce falls to specific populations of older adults; (5) maximize the dissemination of proven, effective fall prevention interventions; (6) improve the diagnosis, treatment, and rehabilitation of elderly fall victims; and (7) assess the risks of falls occurring in various settings. Requires the Secretary to: (1) conduct research concerning barriers to the adoption of proven interventions, approaches to reduce falls among high-risk older adults living in long-term care facilities, and strategies in home modifications; (2) evaluate the effectiveness of community programs; (3) provide for a website to serve as an information clearinghouse; (4) oversee and support demonstration projects designed to reduce the risk of falls in frail older adults emphasizing projects that foster collaboration between health care providers and the aging services network or residential and institutional settings; and (5) report to Congress on the effects of falls on health care costs, the potential for reducing falls, and the most effective strategies for reducing associated health care costs.

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

SECTION 1. NONMAILABILITY OF CERTAIN TOBACCO PRODUCTS. (a) In General.--Chapter 30 of title 39, United States Code, is amended by inserting after section 3002a the following: ``Sec. 3002b. Nonmailability of certain tobacco products ``(a) In General.--Cigarettes, smokeless tobacco, and roll-your- own-tobacco-- ``(1) are nonmailable matter; ``(2) shall not be-- ``(A) deposited in the mails; or ``(B) carried or delivered through the mails; and ``(3) shall be disposed of as the Postal Service directs. ``(b) Civil Penalty.-- ``(1) In general.--Any person who violates subsection (a)(2)(A) shall be liable to the United States for a civil penalty in an amount not to exceed $100,000 for each violation. ``(2) Hearings.-- ``(A) In general.--The Postal Service may determine that a person has violated subsection (a)(2)(A) only after notice and an opportunity for a hearing. Proceedings under this paragraph shall be conducted in accordance with section 3001(m). ``(B) Penalty considerations.--In determining the amount of a civil penalty under this paragraph, the Postal Service shall consider-- ``(i) the nature, circumstances, extent, and gravity of the violation; ``(ii) with respect to the violator, the degree of culpability, ability to pay, and any history of prior violations; and ``(iii) such other matters as justice may require. ``(3) Civil actions to collect.--The Postal Service may bring a civil action in an appropriate district court of the United States, in accordance with section 409(g)(2), to collect a civil penalty under this section. ``(4) Disposition of amounts.--Amounts received in payment of any civil penalties under this subsection shall be deposited as miscellaneous receipts in the Treasury of the United States. ``(c) Orders.--Upon evidence satisfactory to the Postal Service that any person is, for commercial or money-making purposes, engaged in the sending of mail matter which is nonmailable under this section, the Postal Service may issue an order which-- ``(1) directs any postmaster, to whom any mailing originating with such person or his representative is tendered for transmission through the mails (other than a mailing that consists only of one or more sealed letters), to refuse to accept any such mailing, unless such person or his representative first establishes to the satisfaction of the postmaster that the mailing does not contain any matter which is nonmailable under this section; and ``(2) requires the person or his representative to cease and desist from mailing any mail matter which is nonmailable under this section. ``(d) Prima Facie Evidence of Purpose.--For the purposes of this section, the repeated mailing of matter which is nonmailable under this section by any person or the advertisement by any person that the person will mail cigarettes, smokeless tobacco, or roll-your-own tobacco in return for payment shall constitute prima facie evidence that such person is engaged, for commercial or money-making purposes, in the mailing of matter which is nonmailable under this section. ``(e) Coordination of Efforts.--In the enforcement of this section, the Postal Service shall cooperate and coordinate its efforts with related activities of any other Federal agency or of any State or local government, whenever appropriate. ``(f) Actions by States Relating to Certain Tobacco Products.-- ``(1) Authority of states.--Whenever the attorney general of a State (or an official or agency of a State or local government designated by the State) has reason to believe that any person has engaged or is engaging in mailings to residents of that State in violation of subsection (a)(2)(A), the State (or designee) may bring, in an appropriate district court of the United States, a civil action to enjoin such mailings, to carry out paragraphs (1) and (4) of subsection (b), or to obtain such other relief as the court may deem appropriate. ``(2) Rights of the postal service.--The State (or designee) shall serve prior written notice of any action under paragraph (1) upon the Postal Service and provide the Postal Service with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State (or designee) shall serve such notice immediately upon instituting such action. The Postal Service, in accordance with section 409(g)(2), shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal. ``(3) Effect on state court proceedings.--Nothing contained in this section shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. ``(4) Limitation.--Whenever the Postal Service institutes a civil action for violation of subsection (a)(2)(A), no State may, during the pendency of such action instituted by the Postal Service, subsequently institute a separate civil action for any violation of subsection (a)(2)(A) against any defendant named in the Postal Service's complaint. ``(g) Definitions.--For purposes of this section-- ``(1) the terms `cigarette' and `roll-your-own-tobacco' have the meanings given them by section 5702 of the Internal Revenue Code of 1986; ``(2) the term `smokeless tobacco' has the meaning given such term by section 2341 of title 18; and ``(3) the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.''. (b) Administrative Subpoenas.--Section 3016(a) of title 39, United States Code, is amended in paragraphs (1)(A) and (2) by inserting ``3002b or'' before ``3005(a)''. (c) Enforcement of Postal Service Orders.--Section 3012 of title 39, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``section 3005(a)(1) or'' and inserting ``section 3002b(c)(1), 3005(a)(1), or''; and (B) in paragraph (2), by inserting ``3002b(c)(2) or'' before ``3005(a)(3)''; (2) in subsection (c), by inserting ``3002b(c) or'' before ``3005(a)'' each place it appears; and (3) in subsection (f), by inserting ``3002b(c) or'' before ``3005'' each place it appears. (d) Semiannual Reports.--Section 3013 of title 39, United States Code, is amended-- (1) in paragraph (1), by inserting ``3002b(b) or'' before ``3005''; and (2) in paragraph (3), by striking ``section 3007 of this title'' and inserting ``section 3002b(c) or section 3007, respectively,''. (e) Clerical Amendment.--The table of sections for chapter 30 of title 39, United States Code, is amended by inserting after the item relating to section 3002a the following: ``3002b. Nonmailability of certain tobacco products.''. (f) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 60th day after the date of the enactment of this Act, and shall apply with respect to any mail matter mailed on or after such 60th day. (2) Semiannual reports.--The amendments made by subsection (d) shall apply beginning with the report submitted for the reporting period in which occurs the 60th day after the date of the enactment of this Act. SEC. 2. TECHNICAL CORRECTION. (a) In General.--Sections 3007(a)(1), 3012(b)(1), and 3018(f)(1) of title 39, United States Code, are amended by striking ``409(d)'' and inserting ``409(g)(2)''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Postal Accountability and Enhancement Act (Public Law 109-435).

Amends federal postal law to make cigarettes, smokeless tobacco, and roll-your-own-tobacco nonmailable. Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs. Provides a civil penalty for each mailing violation. Authorizes the Postal Service, on evidence satisfactory to the Postal Service that any person is, for commercial or moneymaking purposes, engaged in the sending of such matter, to: (1) refuse to accept any mailing from that person or his representative unless the person or his representative establishes to the satisfaction of the postmaster that the mailing does not contain such matter; and (2) order the person to cease and desist from mailing such matter. Authorizes civil actions by states to: (1) enjoin mailings to residents of that state; (2) impose civil penalties; or (3) obtain other relief.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Tax Incentives Improvement Act of 2002''. SEC. 2. MODIFICATIONS TO ENTERPRISE ZONE BENEFITS AVAILABLE WITH RESPECT TO THE DISTRICT OF COLUMBIA. (a) Entire District of Columbia Treated as Empowerment Zone.-- (1) In general.--Subsection (a) of section 1400 of the Internal Revenue Code of 1986 (relating to establishment of DC Zone) is amended to read as follows: ``(a) Designation.--For purposes of this title-- ``(1) the District of Columbia-- ``(A) is hereby designated as the District of Columbia Enterprise Zone, and ``(B) shall be treated as an empowerment zone designated under subchapter U, and ``(2) the terms `District of Columbia Enterprise Zone' and `DC Zone' mean the District of Columbia.'' (2) Conforming amendments.-- (A) Section 1400 of such Code is amended by striking subsections (b) and (c) and by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively. (B) Subsection (b) of section 1400 of such Code, as redesignated by subparagraph (A), is amended to read as follows: ``(b) Special Rule for Application of Employment Credit.--In the case of the DC Zone, section 1396 (relating to empowerment zone employment credit) shall be applied by substituting `20' for `15' in the table contained in section 1396(b). The preceding sentence shall apply only with respect to qualified zone employees, as defined in section 1396(d), determined by treating no area other than the DC Zone as an empowerment zone or enterprise community.'' (C) Paragraph (2) of section 1400(d) of such Code, as redesignated by subparagraph (A), is amended by striking ``the census tracts referred to in subsection (b)(1) as an enterprise community'' and inserting ``the enterprise community in the District of Columbia''. (D) Section 1400B of such Code is amended by striking subsection (d) and by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively. (E) Paragraph (1) of section 1400B(c) of such Code is amended by striking ``section 1400(e)'' and inserting ``section 1400(c)''. (b) Capital Gains Exclusion Available for Assets Held More Than 2 Years.-- (1) In general.--Subsection (a) of section 1400B of such Code is amended by striking ``5 years'' and inserting ``2 years''. (2) Conforming amendment.--Paragraph (7) of section 1400B(b) of such Code is amended-- (A) by striking ``5-year'' in the heading and inserting ``2-year'', and (B) by striking ``5-year'' in the text and inserting ``2-year''. (c) Modifications to Definition of DC Zone Business.--Subsection (c) of section 1400B of such Code is amended to read as follows: ``(c) DC Zone Business.--For purposes of this section-- ``(1) In general.--The term `DC Zone business' means any entity which is an enterprise zone business (as defined in section 1397B), determined-- ``(A) after the application of section 1400(c), ``(B) without regard to subsections (b)(1) and (d)(2)(B) of section 1397B, and ``(C) by treating no area other than the District of Columbia as an empowerment zone or enterprise community. ``(2) Special rule for businesses holding intangibles.-- Paragraph (4) of section 1397B(d) shall not apply in determining whether a business is a DC Zone business if-- ``(A) at least 30 percent of the employees of such business are residents of the District of Columbia, and ``(B) at least 50 percent of the wages (as defined by section 3401(a)) paid by such business are paid to residents of the District of Columbia.'' (d) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by section 701 of the Taxpayer Relief Act of 1997. SEC. 3. EXTENSION OF ENTERPRISE ZONE TREATMENT. (a) Effective Period of Designation.--Subsection (f) of section 1400 of the Internal Revenue Code of 1986 is amended by striking ``December 31, 2003'' each place it appears and inserting ``December 31, 2009''. (b) Economic Development Bonds.--Subsection (b) of section 1400A of such Code is amended by striking ``December 31, 2003'' and inserting ``December 31, 2009''. (c) Zero Percent Capital Gains Rate.-- (1) Paragraphs (2)(A)(i), (3)(A), (4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) of such Code are each amended by striking ``January 1, 2004'' and inserting ``January 1, 2010''. (2) Subsections (e)(2) and (g) of section 1400B of such Code are each amended by striking ``2008'' each place it appears and inserting ``2014''. SEC. 4. FIRST-TIME HOMEBUYER CREDIT FOR DISTRICT OF COLUMBIA MADE PERMANENT; OTHER MODIFICATIONS. (a) Credit Made Permanent.--Subsection (i) of section 1400C of the Internal Revenue Code of 1986 (relating to first-time homebuyer credit for District of Columbia) is amended by striking ``, and before January 1, 2004''. (b) Treatment of Purchases In Connection With Divorce.-- (1) In general.--Subsection (c) of section 1400C of such Code is amended by adding at the end the following new paragraph: ``(4) Purchases in connection with divorce.-- Notwithstanding paragraphs (1) and (2), an individual shall be treated as a first-time homebuyer with respect to the purchase of any residence if-- ``(A) the sale of the residence is pursuant to a divorce or separation instrument (as defined in section 71(b)(2)) relating to such individual and such individual's spouse or former spouse, and ``(B) such residence was the principal residence of such individual at the time of such sale or for any period ending not more than a reasonable period before such sale. The Secretary shall prescribe such regulations as may be necessary to prevent the abuse of the purposes of this paragraph.'' (2) Effective date.--The amendment made by paragraph (1) shall apply to purchases after the date of the enactment of this Act. (c) Credit Allowed Against Regular Tax and Alternative Minimum Tax.-- (1) In general.--Subsection (d) of section 1400C of such Code is amended to read as follows: ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under subpart A of part IV of subchapter A and section 27 for the taxable year. ``(2) Carryover of credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year.'' (2) Conforming amendment.--Section 1400C of such Code is amended by striking subsection (g) and by redesignating subsections (h) and (i) as subsections (g) and (h), respectively. (3) Effective date.--The amendment made by paragraph (1) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. EXPANSION OF TAX-EXEMPT ECONOMIC DEVELOPMENT BONDS. (a) In General.--Section 1400A of the Internal Revenue Code of 1986, as amended by section 3, is amended to read as follows: ``SEC. 1400A. TAX-EXEMPT ECONOMIC DEVELOPMENT BONDS. ``(a) In General.--In the case of the District of Columbia Enterprise Zone-- ``(1) section 1394(c)(1)(A) (relating to limitation on amount of bonds) shall not apply, ``(2) section 1394(b)(3)(A) shall be applied without regard to section 1397C(d)(4) (relating to treatment of businesses holding intangibles), and ``(3) section 1394(b)(3)(B)(iii) shall be applied without regard to the employee residency requirement. ``(b) Exemption From Volume Cap.--Bonds which are exempt facility bonds by reason of this section shall be treated as not being private activity bonds for purposes of section 146. ``(c) Period of Applicability.--This section shall apply to bonds issued during the period beginning on January 1, 1998, and ending on December 31, 2009.'' (b) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. SEC. 6. BONDS OF DISTRICT OF COLUMBIA EXEMPT FROM STATE AND LOCAL TAXES. (a) In General.--Section 485 of the District of Columbia Home Rule Act is amended to read as follows: ``Sec. 485. Bonds and notes issued by the Council pursuant to this title and the interest thereon shall be exempt from all taxation (except estate, inheritance, and gift taxes) by the United States, any State or political subdivision thereof, the District, or any possession of the United States.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2001.

District of Columbia Tax Incentives Improvement Act of 2002 - Amends the Internal Revenue Code to designate the entire District of Columbia as an enterprise zone which shall be treated as an empowerment zone.Excludes from gross income capital gains on sale or exchange of District assets held for more than two years (presently the figure is five years). Defines what constitutes a District business. Nullifies the exclusion of any trade or business from counting as a District business for reason of consisting predominantly of dealing in intangibles if: (1) at least 30 percent of the employees of such a business are District residents; and (2) at least 50 percent of the wages are paid to District residents.Extends time line for which provisions of enterprise zone treatment will last. Makes permanent provisions of law pertaining to the first-time homebuyer credit (currently, they last through December 31, 2003). Extends classification of "first-time homebuyer" to certain individuals buying residences due to divorce or separation, and directs the Secretary of Treasury to prescribe regulations to prevent abuses of such provision.Removes the limitation on the amount of tax-exempt enterprise zone facility bonds that can be issued.Exempts certain bonds and notes issued by the District Council and the interest thereon from all taxation (except for estate, inheritance, and gift taxes) by the United States, any State or political subdivision thereof, the District, or any possession of the United States.

To amend the Internal Revenue Code of 1986 to promote the economic recovery of the District of Columbia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Fair and Equal House Voting Rights Act of 2007''. SEC. 2. FINDINGS. Congress finds as follows: (1) Over half a million people living in the District of Columbia, the capital of our democratic Nation, lack direct voting representation in the United States Senate and House of Representatives. (2) District of Columbia residents have fought and died to defend our democracy in every war since the War of Independence. (3) District of Columbia residents pay billions of dollars in Federal taxes each year. (4) Our Nation is founded on the principles of ``one person, one vote'' and ``government by the consent of the governed''. SEC. 3. TREATMENT OF DISTRICT OF COLUMBIA AS CONGRESSIONAL DISTRICT. (a) In General.--Notwithstanding any other provision of law, the District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives. (b) Conforming Amendments Relating to Apportionment of Members of House of Representatives.-- (1) Inclusion of single district of columbia member in reapportionment of members among states.--Section 22 of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a), is amended by adding at the end the following new subsection: ``(d) This section shall apply with respect to the District of Columbia in the same manner as this section applies to a State, except that the District of Columbia may not receive more than one Member under any reapportionment of Members.''. (2) Clarification of determination of number of presidential electors on basis of 23rd amendment.--Section 3 of title 3, United States Code, is amended by striking ``come into office;'' and inserting the following: ``come into office (subject to the twenty-third article of amendment to the Constitution of the United States in the case of the District of Columbia);''. SEC. 4. INCREASE IN MEMBERSHIP OF HOUSE OF REPRESENTATIVES. (a) Permanent Increase in Number of Members.--Effective with respect to the One Hundred Tenth Congress and each succeeding Congress, the House of Representatives shall be composed of 437 Members, including any Members representing the District of Columbia pursuant to section 3(a). (b) Reapportionment of Members Resulting From Increase.-- (1) In general.--Section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), is amended by striking ``the then existing number of Representatives'' and inserting ``the number of Representatives established with respect to the One Hundred Tenth Congress''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2010 and each subsequent regular decennial census. (c) Transmittal of Revised Apportionment Information by President.-- (1) Statement of apportionment by president.--Not later than 30 days after the date of the enactment of this Act, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 28, 1929 (2 U.S.C. 2a(a)), to take into account this Act and the amendments made by this Act. (2) Report by clerk.--Not later than 15 calendar days after receiving the revised version of the statement of apportionment under paragraph (1), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act (2 U.S.C. 2a(b)), shall send to the executive of each State a certificate of the number of Representatives to which such State is entitled under section 22 of such Act, and shall submit a report to the Speaker of the House of Representatives identifying the State (other than the District of Columbia) which is entitled to one additional Representative pursuant to this section. SEC. 5. NONSEVERABILITY OF PROVISIONS. If any provision of this Act or any amendment made by this Act is declared or held invalid or unenforceable, the remaining provisions of this Act or any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law. SEC. 6. EFFECTIVE DATE; TIMING OF ELECTIONS. (a) In General.--The general election for the additional Representative to which the State identified by the Clerk of the House of Representatives in the report submitted under section 4(c) is entitled for the One Hundred Tenth Congress and the general election for the Representative from the District of Columbia for the One Hundred Tenth Congress shall be subject to the following requirements: (1) Neither election may occur unless the Governor of that State has signed into law a redistricting plan on December 5, 2006, which-- (A) revises the boundaries of the Congressional districts in the State to take into account the additional Representative to which the State is entitled under section 4(c)(2); and (B) remains in effect until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010. (2) The additional Representative from that State and the other Representatives from that State will be elected pursuant to the redistricting plan enacted by the State in accordance with paragraph (1). (3) The additional Representative from that State, the other Representatives from that State, and the Representative from the District of Columbia shall be sworn in and seated as Members of the House of Representatives on the same date. (b) Rule of Construction.--Nothing in subsection (a)(3) shall be construed to affect the status of any individual who is eligible to be sworn in and seated as a Member of the House of Representatives on the first day of the One Hundred Tenth Congress on the basis of winning the November 2006 general election for that office.

District of Columbia Fair and Equal House Voting Rights Act of 2007 - Considers the District of Columbia a congressional district for purposes of representation in the House of Representatives. Applies to the District in the same manner as it applies to a state the federal law providing for the fifteenth and subsequent decennial censuses and for apportionment of Representatives in Congress. Limits the District to one Member under any reapportionment of Members. Modifies the formula regarding the number of presidential electors to subject it to the Twenty-Third amendment to the Constitution in the case of the District. Increases membership of the House from 435 to 437 Members. Provides for a reapportionment of Members resulting from such increase. Requires the: (1) President to submit to Congress a revised version of the most recent statement of such apportionment; and (2) Clerk of the House, upon receipt of such revision, to send to the executive of each state a certificate of the number of Representatives to which such state is entitled and to identify to the Speaker of the House the state (other than the District) which is entitled to one additional Representative. Subjects the general elections for such additional Representatives to specified requirements.

To provide for the treatment of the District of Columbia as a Congressional district for purposes of representation in the House of Representatives, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Virginia Jobs and Energy Act''. SEC. 2. LEASE SALE 220 AND OTHER OCS OIL AND GAS LEASE SALES OFFSHORE VIRGINIA. (a) Conduct of Lease Sale.--Notwithstanding any 5-year oil and gas leasing program in effect under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Secretary of the Interior shall conduct lease sale 220 (as defined in the Draft Proposed Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2010-2015 as published in the Federal Register on January 21, 2009 (74 Fed. Reg. 3631)) under section 8 of such Act (43 U.S.C. 1337) as soon as practicable, but not later than 1 year after the date of enactment of this Act. (b) Inclusion in Future Leasing Programs.--The Secretary of the Interior shall-- (1) conduct at least 2 lease sales in the Virginia lease sale planning area during the effective period of the 2017-2022 OCS Oil and Gas Leasing Program; and (2) include at least 2 lease sales in the Virginia lease sale planning area in each 5-year oil and gas leasing program proposed after the date of the enactment of this Act. (c) NEPA Exclusion.--Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to any lease sale conducted under subsection (a) or subsection (b)(1). SEC. 3. PROTECTION OF MILITARY OPERATIONS. (a) Prohibition.--No person may engage in any exploration, development, or production of oil or natural gas off the coast of Virginia that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted. (b) Review and Updating of MOA.--The Secretary of the Interior and the Secretary of Defense shall periodically review and revise such memorandum of agreement to account for new offshore energy production technologies, including those that use wind energy. SEC. 4. DISPOSITION OF REVENUE. (a) Payment of Covered Leasing Revenues to States.--Notwithstanding section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), of the amount of covered leasing revenues received by the United States each fiscal year under any lease in the Virginia lease sale planning area, 37.5 percent shall be allocated and paid in accordance with subsection (b) to States that are affected States with respect to the leases under which those revenues are received by the United States. (b) Allocation of Payments.-- (1) In general.--The amount of covered leasing revenues received by the United States with respect to a leased tract that are required to be paid to States in accordance with this subsection each fiscal year shall be allocated among and paid to affected States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such affected State that is closest to the geographic center of the lease tract, as determined by the Secretary. (2) Minimum and maximum allocation.--The amount allocated to a State under paragraph (1) each fiscal year with respect to a leased tract shall be-- (A) in the case of a State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; and (B) in the case of any other State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract. (3) Administration.--Amounts allocated to a State under this subsection-- (A) shall be available to the State without further appropriation; (B) shall remain available until expended; and (C) shall be in addition to any other amounts available to the State under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). (4) Use of funds.-- (A) In general.--Except as provided in subparagraph (B), a State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State. (B) Restriction on use for matching.--Funds allocated and paid to a State under this subsection may not be used as matching funds for any other Federal program. (c) Definitions.--In this section: (1) Affected state.--The term ``affected State'' has the meaning that term has under section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (2) Covered leasing revenues.--The term ``covered leasing revenues'' means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production under any lease in the Virginia lease sale planning area. SEC. 5. OFFSHORE METEOROLOGICAL SITE TESTING AND MONITORING PROJECTS. (a) Offshore Meteorological Project Permitting.-- (1) In general.--The Secretary of the Interior shall by regulation require that any applicant seeking to conduct an offshore meteorological site testing and monitoring project on the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) must obtain a permit and right of way for the project in accordance with this subsection. (2) Permit and right-of-way timeline and conditions.-- (A) Deadline for approval.--The Secretary shall decide whether to issue a permit and right of way for an offshore meteorological site testing and monitoring project within 30 days after receiving an application. (B) Public comment and consultation.--During the period referred to in subparagraph (A), the Secretary shall-- (i) provide an opportunity for submission of comments by the public; and (ii) consult with the Secretary of Defense, the Commandant of the Coast Guard, and the heads of other Federal, State, and local agencies that would be affected by issuance of the permit and right of way. (C) Denial of permit; opportunity to remedy deficiencies.--If the application is denied, the Secretary shall provide the applicant-- (i) in writing, clear and comprehensive reasons why the application was not approved and detailed information concerning any deficiencies in the application; and (ii) an opportunity to remedy such deficiencies. (b) NEPA Exclusion.--Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to an offshore meteorological site testing and monitoring project. (c) Protection of Information.--The information provided to the Secretary of the Interior pursuant to subsection (d)(3) shall be treated by the Secretary as proprietary information and protected against disclosure. (d) Definition of an Offshore Meteorological Site Testing and Monitoring Project.--In this section, the term ``offshore meteorological site testing and monitoring project'' means a project carried out on or in the waters of the Outer Continental Shelf administered by the Department of the Interior to test or monitor weather (including wind, tidal, current, and solar energy) using towers, buoys, or other temporary ocean infrastructure, that-- (1) causes-- (A) less than 1 acre of surface or seafloor disruption at the location of each meteorological tower or other device; and (B) not more than 5 acres of surface or seafloor disruption within the proposed area affected by the project (including hazards to navigation); (2) is decommissioned not more than 5 years after the date of commencement of the project, including-- (A) removal of towers, buoys, or other temporary ocean infrastructure from the project site; and (B) restoration of the project site to approximately the original condition of the site; and (3) provides meteorological information obtained by the project to the Secretary of the Interior. SEC. 6. DEFINITION OF VIRGINIA LEASE SALE PLANNING AREA. In this Act, the term ``Virginia lease sale planning area'' means the area of the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)) that has-- (1) a boundary consisting of a straight line extending from the northernmost point of Virginia's seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 37 degrees 17 minutes 1 second North latitude, 71 degrees 5 minutes 16 seconds West longitude; and (2) a southern boundary consisting of a straight line extending from the southernmost point of Virginia's seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 36 degrees 31 minutes 58 seconds North latitude, 71 degrees 30 minutes 1 second West longitude. SEC. 7. CLARIFICATIONS WITH RESPECT TO EXISTING EXECUTIVE AUTHORITIES. Subsection (a) of section 12 of the Outer Continental Shelf Lands Act (43 U.S.C. 1341) is amended to read as follows: ``(a) Executive Authorities With Respect to Unleased Lands.--The President may make, modify, extend, or revoke withdrawals from disposition of any of the unleased lands of the outer Continental Shelf.''.

Virginia Jobs and Energy Act This bill directs the Department of the Interior to conduct an oil and gas lease sale off the coast of Virginia within one year, and conduct at least two lease sales in the area during the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Program. During each of Interior's five-year leasing programs, two lease sales must be conducted off the coast of Virginia. The bill prohibits oil or natural gas exploration, development, or production off the Virginia coast that would conflict with a military operation. The bill allocates 37.5% of new leasing revenues received each fiscal year by the federal government for payment to states affected with respect to the leases that generate these revenues.Additionally, the bill sets forth the minimum and maximum revenues that an affected state may receive. Interior must require any applicant seeking to conduct an offshore meteorological site testing and monitoring project to obtain a permit and right-of-way.(An offshore meteorological site testing and monitoring project is carried out on or in the waters of the outer Continental Shelf to test or monitor weather using towers, buoys, or other temporary ocean infrastructure).These projects shall be exempt from environmental impact statement requirements under the National Environmental Policy Act of 1969.

Virginia Jobs and Energy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thomas Alva Edison Sesquicentennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds the following: (1) Thomas Alva Edison, one of America's greatest inventors, was born on February 11, 1847, in Milan, Ohio. (2) Thomas A. Edison's inexhaustible energy and genius produced more than 1,300 inventions in his lifetime, including the incandescent light bulb and the phonograph. (3) In 1928, Thomas A. Edison received the Congressional gold medal ``for development and application of inventions that have revolutionized civilization in the last century''. (4) 1997 will mark the sesquicentennial of Thomas A. Edison's birth. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In commemoration of the sesquicentennial of the birth of Thomas A. Edison, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 750,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the many inventions made by Thomas A. Edison throughout his prolific life. (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 years 1847-1997''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse of coin.--The obverse of each coin minted under this Act shall bear the likeness of Thomas A. Edison. (b) Design Competition.--Before the end of the 3-month period beginning on the date of the enactment of this Act, the Secretary shall conduct an open design competition for the design of the obverse and the reverse of the coins minted under this Act. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens 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) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 1997. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 1997. SEC. 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 (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 9. DISTRIBUTION OF SURCHARGES. (a) In General.--The first $7,000,000 of the surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) \1/7\ to the Edison Birthplace Association, Incorporated, in Milan, Ohio, to assist in such association's efforts to raise an endowment as a permanent source of support for the repair and maintenance of the Thomas A. Edison birthplace, a national historic landmark. (2) \1/7\ to the Museum of Arts and History, in the city of Port Huron, Michigan for the endowment and construction of a special museum on Thomas A. Edison's life in Port Huron. (3) \1/7\ to the National Park Service for use in protecting, restoring, and cataloguing historic documents and objects at Thomas A. Edison's ``invention factory'' in West Orange, New Jersey. (4) \1/7\ to the Edison Plaza Museum in Beaumont, Texas, for expanding educational programs on Thomas A. Edison and for the repair and maintenance of the museum. (5) \1/7\ to the Edison Winter Home and Museum in Fort Myers, Florida, for historic preservation, restoration, and maintenance of Thomas A. Edison's historic home and chemical laboratory. (6) \1/7\ to the Edison Memorial Tower in Edison, New Jersey, for the preservation, restoration, and expansion of the tower and museum. (7) \1/7\ to Greenfield Village in Dearborn, Michigan, for use in maintaining and expanding displays and educational programs associated with Thomas A. Edison. (b) Excess Payable to the National Numismatic Collection.--After payment of the amount required under subsection (a), the Secretary shall pay the remaining surcharges to the National Museum of American History, Washington, D.C., for the support of the National Numismatic Collection at the museum. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of any organization which receives any payment from the Secretary under this section, as may be related to the expenditures of amounts paid under this subsection. SEC. 10. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Thomas Alva Edison Sesquicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the inventions made by Thomas A. Edison in commemoration of the sesquicentennial of his birth. Instructs the Secretary to conduct an open design competition for the design of the obverse and reverse of the coins. Terminates the authority to mint such coins after December 31, 1997. Mandates that certain surcharges received from coin sales be distributed to specified entities.

Thomas Alva Edison Sesquicentennial Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Breast Cancer and Environmental Research Act of 2008''. SEC. 2. EXPANDING COLLABORATIVE RESEARCH ON BREAST CANCER AND THE ENVIRONMENT. (a) In General.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 417F. INTERAGENCY BREAST CANCER AND ENVIRONMENTAL RESEARCH COORDINATING COMMITTEE. ``(a) Interagency Breast Cancer and Environmental Research Coordinating Committee.-- ``(1) Establishment.--Not later than 6 months after the date of the enactment of this section, the Secretary shall establish a committee, to be known as the Interagency Breast Cancer and Environmental Research Coordinating Committee (in this section referred to as the `Committee'). ``(2) Duties.--The Committee shall-- ``(A) share and coordinate information on existing research activities, and make recommendations to the National Institutes of Health and other Federal agencies regarding how to improve existing research programs, that are related to breast cancer research; ``(B) develop a comprehensive strategy and advise the National Institutes of Health and other Federal agencies in the solicitation of proposals for collaborative, multidisciplinary research, including proposals to evaluate environmental and genomic factors that may be related to the etiology of breast cancer that would-- ``(i) result in innovative approaches to study emerging scientific opportunities or eliminate knowledge gaps in research to improve the research portfolio; ``(ii) outline key research questions, methodologies, and knowledge gaps; ``(iii) expand the number of research proposals that involve collaboration between 2 or more national research institutes or national centers, including proposals for Common Fund research described in section 402(b)(7) to improve the research portfolio; and ``(iv) expand the number of collaborative, multidisciplinary, and multi-institutional research grants; ``(C) develop a summary of advances in breast cancer research supported or conducted by Federal agencies relevant to the diagnosis, prevention, and treatment of cancer and other diseases and disorders; and ``(D) not later than 2 years after the date of the establishment of the Committee, make recommendations to the Secretary-- ``(i) regarding any appropriate changes to research activities, including recommendations to improve the research portfolio of the National Institutes of Health to ensure that scientifically-based strategic planning is implemented in support of research priorities that impact breast cancer research activities; ``(ii) to ensure that the activities of the National Institutes of Health and other Federal agencies, including the Department of Defense, are free of unnecessary duplication of effort; ``(iii) regarding public participation in decisions relating to breast cancer research to increase the involvement of patient advocacy and community organizations representing a broad geographical area; ``(iv) on how best to disseminate information on breast cancer research progress; and ``(v) on how to expand partnerships between public entities, including Federal agencies, and private entities to expand collaborative, cross-cutting research. ``(3) Rule of construction.--For the purposes of the Committee, when focusing on research to evaluate environmental and genomic factors that may be related to the etiology of breast cancer, nothing in this section shall be construed to restrict the Secretary from including other forms of cancer, as appropriate, when doing so may advance research in breast cancer or advance research in other forms of cancer. ``(4) Membership.-- ``(A) In general.--The Committee shall be composed of the following voting members: ``(i) Not more than 7 voting Federal representatives as follows: ``(I) The Director of the Centers for Disease Control and Prevention. ``(II) The Director of the National Institutes of Health and the directors of such national research institutes and national centers (which may include the National Institute of Environmental Health Sciences) as the Secretary determines appropriate. ``(III) One representative from the National Cancer Institute Board of Scientific Advisors, appointed by the Director of the National Cancer Institute. ``(IV) The heads of such other agencies of the Department of Health and Human Services as the Secretary determines appropriate. ``(V) Representatives of other Federal agencies that conduct or support cancer research, including the Department of Defense. ``(ii) 12 additional voting members appointed under subparagraph (B). ``(B) Additional members.--The Committee shall include additional voting members appointed by the Secretary as follows: ``(i) 6 members shall be appointed from among scientists, physicians, and other health professionals, who-- ``(I) are not officers or employees of the United States; ``(II) represent multiple disciplines, including clinical, basic, and public health sciences; ``(III) represent different geographical regions of the United States; ``(IV) are from practice settings, academia, or other research settings; and ``(V) are experienced in scientific peer review process. ``(ii) 6 members shall be appointed from members of the general public, who represent individuals with breast cancer. ``(C) Nonvoting members.--The Committee shall include such nonvoting members as the Secretary determines to be appropriate. ``(5) Chairperson.--The voting members of the Committee shall select a chairperson from among such members. The selection of a chairperson shall be subject to the approval of the Director of NIH. ``(6) Meetings.--The Committee shall meet at the call of the chairperson of the Committee or upon the request of the Director of NIH, but in no case less often than once each year. ``(b) Review.--The Secretary shall review the necessity of the Committee in calendar year 2011 and, thereafter, at least once every 2 years.''. (b) Authorization of Appropriations.--For the purpose of carrying out research activities under title IV of the Public Health Service Act, including section 417F of such Act as added by subsection (a), there are authorized to be appropriated $40,000,000 for each of fiscal years 2009 through 2012. Amounts authorized to be appropriated under the preceding sentence shall be in addition to amounts otherwise authorized to be appropriated for such purpose under section 402A of the Public Health Service Act (42 U.S.C. 282a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Breast Cancer and Environmental Research Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish the Interagency Breast Cancer and Environmental Research Coordinating Committee to: (1) share and coordinate information on existing breast cancer research activities and make recommendations for improvement of research programs; (2) develop a comprehensive strategy and advise the National Institutes of Health (NIH) and other federal agencies in the solicitation of proposals for collaborative, multidisciplinary research, including proposals to evaluate environmental and genomic factors that may be related to the etiology of breast cancer; (3) develop a summary of advances in federal breast cancer research relevant to the diagnosis, prevention, and treatment of cancer and other diseases and disorders; and (4) make recommendations to the Secretary regarding changes to research activities, avoiding unnecessary duplication of effort among federal agencies, public participation in decisions relating to breast cancer research, how best to disseminate information on breast cancer research progress, and how to expand partnerships between public and private entities to expand collaborative, crosscutting research. Authorizes appropriations for FY2009-FY2012.

To amend the Public Health Service Act to authorize the Director of the National Institute of Environmental Health Sciences to make grants for the development and operation of research centers regarding environmental factors that may be related to the etiology of breast cancer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant Crib Safety Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The disability and death of infants resulting from injuries sustained in crib incidents are a serious threat to the public health, welfare, and safety of people of this country. (2) The design and construction of a baby crib must ensure that it is safe to leave an infant unattended for extended periods of time. A parent or caregiver has a right to believe that the crib in use is a safe place to leave an infant. (3) Each year about 12,000 children ages 2 and under are injured in cribs seriously enough to require hospital treatment. (4) Each year at least 30 children age 4 and under die from injuries sustained in cribs. (5) The United States Consumer Product Safety Commission estimates that the cost to society resulting from deaths due to cribs is at least $150,000,000 per year. (6) Secondhand, hand-me-down, and heirloom cribs pose a special problem. There are nearly 4 million infants born in this country each year, but only an estimated one million to two million new cribs sold. Many infants are placed in secondhand, hand-me-down, or heirloom cribs. (7) Most crib deaths occur in secondhand, hand-me-down, or heirloom cribs. (8) Existing State and Federal legislation is inadequate to deal with the hazard presented by secondhand, hand-me-down, or heirloom cribs. (9) Prohibiting the contracting to sell, resell, lease, sublease of unsafe cribs that are not new, or otherwise place in the stream of commerce unsafe secondhand, hand-me-down, or heirloom cribs, will prevent injuries and deaths caused by cribs. (b) Purpose.--The purpose of this Act is to prevent the occurrence of injuries and deaths to infants as a result of unsafe cribs by making it illegal-- (1) to manufacture, sell, or contract to sell any crib that is unsafe for any infant using it; or (2) to resell, lease, sublet, or otherwise place in the stream of commerce, after the effective date of this Act, any unsafe crib, particularly any unsafe secondhand, hand-me-down, or heirloom crib. SEC. 3. DEFINITIONS. As used in this Act, the following definitions apply: (1) Commercial user.-- (A) The term ``commercial user'' means-- (i) any person who manufactures, sells, or contracts to sell full-size cribs or nonfull- size cribs; or (ii) any person who-- (I) deals in full-size or nonfull- size cribs that are not new or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to full-size cribs or nonfull-size cribs, including child care facilities and family child care homes; or (II) is in the business of contracting to sell or resell, lease, sublet, or otherwise placing in the stream of commerce full-size cribs or nonfull-size cribs that are not new. (B) The term ``commercial user'' does not mean an individual who sells a used crib at a one-time private sale. (2) Crib.--The term ``crib'' means a full-size crib or nonfull-size crib. (3) Full-size crib.--The term ``full-size crib'' means a full-size baby crib as defined in section 1508.1 of title 16 of the Code of Federal Regulations. (4) Infant.--The term ``infant'' means any person less than 35 inches tall or less than 2 years of age. (5) Nonfull-size crib.--The term ``nonfull-size crib'' means a nonfull-size baby crib as defined in section 1509.2(b) of title 16 of the Code of Federal Regulations (including a portable crib and a crib-pen described in paragraph (2) of subsection (b) of that section). SEC. 4. REQUIREMENTS FOR CRIBS. The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended by adding at the end the following new section: ``SEC. 25. REQUIREMENTS FOR CRIBS. ``(a) Manufacture and Sale of Cribs.--It shall be unlawful for any commercial user-- ``(1) to manufacture, sell, or contract to sell, any full- size crib or nonfull-size crib that is unsafe for any infant using it; or ``(2) to sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, any full-size or nonfull-size crib that is not new and that is unsafe for any infant using the crib. ``(b) Provision of Cribs by Lodging Facilities.--It shall be unlawful for any hotel, motel, or similar transient lodging facility to offer or provide for use or otherwise place in the stream of commerce, on or after the effective date of this Act, any full-size crib or nonfull-size crib that is unsafe for any infant using it. ``(c) Adherence to Crib Safety Standards.--A full-size crib, nonfull-size crib, portable crib, playpen, or play yard, shall be presumed to be unsafe under this Act if it does not conform to the standards applicable to the product as listed below: ``(1) Part 1508 (commencing with section 1508.1) of title 16 of the Code of Federal Regulations. (Requirements for full- size baby cribs). ``(2) Part 1509 (commencing with section 1509.1) of title 16 of the Code of Federal Regulations. (Requirements for nonfull-size baby cribs). ``(3) American Society for Testing Materials F406 Consumer Safety Specification for Play Yards. ``(4) American Society for Testing Materials F1169 Consumer Safety Specification for Full-Size Cribs. ``(5) American Society for Testing Materials F1822 Consumer Safety Specification for Non-Full-Size Cribs. ``(6) American Society for Testing and Materials F966 Consumer Safety Specification for Full-Size and Non-Full Size Baby Crib Corner Post Extensions. ``(7) Part 1303 (commencing with section 1303.1) of title 16 of the Code of Federal Regulations. ``(8) Any amendments to the above regulations or standards or any other regulations or standards that are adopted in order to amend or supplement the regulations or standards described in paragraphs (1) through (6) ``(d) Designation as Hazardous Substance.--A full-size or nonfull- size crib that is not in compliance with the requirements of this section shall be considered to be a banned hazardous substance under section 1261(q) of this title. ``(e) Exception.--These requirements shall not apply to a full-size crib or nonfull-size crib that is not intended for use by an infant, including a toy or display item, if at the time it is manufactured, made subject to a contract to sell or resell, leased, subletted, or otherwise placed in the stream of commerce, as applicable, it is accompanied by a notice to be furnished by each commercial user declaring that the crib is not intended to be used for an infant and is dangerous to use for an infant.''. SEC. 5. EFFECTIVE DATE. This Act shall be effective 90 days after the date of its enactment.

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

To provide for infant crib safety, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Education Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The evidence for human-induced climate change is overwhelming and undeniable. (2) Atmospheric carbon can be significantly reduced through conservation, by shifting to renewable energy sources such as solar, wind, tidal, and geothermal, and by increasing the efficiency of buildings, including domiciles, and transportation. (3) Providing clear information about climate change, in a variety of forms, can remove the fear and the sense of helplessness, and encourage individuals and communities to take action. (4) Implementation of measures that promote energy efficiency, conservation, and renewable energy will greatly reduce human impact on the environment. (5) Informing people of new technologies and programs as they become available will ensure maximum understanding and maximum effect of those measures. (6) More than 3,000,000 students graduate from high schools and colleges each year, armed with attitudes, skills, and knowledge about the climate that inform their actions. (7) The effect on the climate, positive or negative, of each of those 3,000,000 students lasts beyond a lifetime. (8) Those students need to be prepared to implement changes in professional and personal practices, to support and help develop new technology and policy, and to address the coming social and economic challenges and opportunities arising from a changing climate. (9) It has been demonstrated that the people of the United States overwhelmingly support teaching students about the causes, consequences, and potential solutions to climate change in all 50 States and more than 3,000 counties across the United States. (10) Only 30 percent of middle school and 45 percent of high school science teachers understand the extent of the scientific consensus on climate change. SEC. 3. DEFINITIONS. In this Act: (1) Climate change education.--The term ``climate change education'' means informal and formal interdisciplinary learning at all age levels about-- (A) climate change, climate adaptation and mitigation, and climate resilience; and (B) the effects of climate change, climate adaptation and mitigation, and climate resilience on the environmental, energy, social, and economic systems of the United States. (2) Green collar job.--The term ``green collar job'' means a job-- (A) in a business that produces goods or provides services that benefit the environment or conserve natural resources; or (B) in which the duties of the worker involve making the production processes of the employer more environmentally friendly or use fewer natural resources. (3) Green economy.--The term ``green economy'' means an economy that results in improved human well-being and social equity by significantly reducing environmental risks and ecological scarcities. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (5) Local educational agency; state educational agency.-- The terms ``local educational agency'' and ``State educational agency'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Nonprofit organization.--The term ``nonprofit organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code. SEC. 4. CLIMATE CHANGE EDUCATION PROGRAM. The Administrator of the National Oceanic and Atmospheric Administration shall establish a Climate Change Education Program to-- (1) increase the climate literacy of the United States by broadening the understanding of climate change, including possible long-term and short-term consequences and potential solutions; (2) apply the latest scientific and technological discoveries, including through the use of the scientific assets of the Administration, to provide formal and informal learning opportunities to individuals of all ages, including individuals of diverse cultural and linguistic backgrounds; and (3) emphasize actionable information to help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, and climate resilience. SEC. 5. GRANT PROGRAM. (a) In General.--As part of the Climate Change Education Program established under section 4, the Administrator of the National Oceanic and Atmospheric Administration shall establish a program to make grants-- (1) to States to encourage and support plans and programs for kindergarten through grade 12 formal and informal climate change education-- (A) to ensure that students graduate from high school with high climate literacy, including-- (i) relevant teacher training and professional development; (ii) science, technology, engineering, arts and design, and mathematics education; and (iii) interdisciplinary studies; and (B) with a particular focus on programs that advance widespread State and local educational agency adoption of climate change education, including funding for State educational agencies in partnership with local educational agencies and local nonprofit organizations to-- (i) integrate key principles of climate change education into existing kindergarten through grade 12 State academic content standards, student academic achievement standards, or State curriculum frameworks; (ii) create model State climate change curricula; (iii) develop and implement State teacher training programs; and (iv) support secondary school preparation or work-based experiences in green collar jobs; (2) to institutions of higher education to-- (A) improve the quality of and access to training, certification, and higher education for green collar jobs in the future green economy, such as green construction, design, technology, health, engineering, business, and policy studies, including sustainability science, and with a particular focus on programs that address restructuring institutional incentives and reducing institutional barriers to widespread faculty adoption of interdisciplinary teaching of climate change education; and (B) engage teams of faculty and students to develop applied climate research and deliver to local communities direct services related to local climate mitigation and adaptation issues, with a priority focus on communities impacted by climate change; and (3) to professional associations for projects that build capacity at the State and national levels for continuing education by practicing professionals and the general public in green economy fields. (b) Climate Change Education Office.--There shall be, within the Office of Education of the National Oceanic and Atmospheric Administration, a Climate Change Education Office to administer the grant program required by subsection (a). SEC. 6. REPORT. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Administrator of the National Oceanic and Atmospheric Administration shall submit to Congress a report that evaluates the scientific merits, educational effectiveness, and broader effects of activities carried out under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the National Oceanic and Atmospheric Administration $20,000,000 for each of fiscal years 2019 through 2024 to carry out this Act.

Climate Change Education Act This bill declares that the evidence for human-induced climate change is overwhelming and undeniable. The National Oceanic and Atmospheric Administration (NOAA) must establish a Climate Change Education Program to: increase the climate literacy of the United States by broadening the understanding of human-induced climate change, including possible consequences and potential solutions; apply the latest scientific and technological discoveries to provide learning opportunities to people of all ages; and help people understand and promote implementation of new technologies, programs, and incentives related to climate change, climate adaptation and mitigation, and climate resilience. NOAA must also establish a grant program for climate change education.

Climate Change Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Robert James Act of 2008''. SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES. (a) Disability Insurance Benefits.--Section 223(a) of the Social Security Act (42 U.S.C. 423(a)) is amended by adding at the end the following new paragraph: ``(3) The Commissioner of Social Security may waive the application of the individual's waiting period under clause (i) in the first sentence of paragraph (1) if the Commissioner determines that such individual would otherwise be entitled to disability insurance benefits under this section, that such individual is terminally ill, and that the application of the waiting period would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) in the first sentence of paragraph (1), the individual shall be entitled to disability insurance benefits for each month, beginning with the first month during all of which such individual is under a disability and in which such individual would become so entitled to such insurance benefits under such sentence but for such waiting period, and ending as provided in paragraph (1). For purposes of this paragraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (b) Widow's Insurance Benefits Based on Disability.--Section 202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the end the following new subparagraph: ``(C) The Commissioner of Social Security may waive the application of the individual's waiting period under paragraph (1)(F)(i) if the Commissioner determines that she would otherwise be entitled to widow's insurance benefits under this section, that she is terminally ill, and that such application of the waiting period would work an undue hardship on her (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), she shall be entitled to widow's insurance benefits for each month, beginning with the first month during all of which she is under a disability and in which she would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (c) Widower's Insurance Benefits Based on Disability.--Section 202(f)(5) of such Act (42 U.S.C. 402(f)(5)) is amended by adding at the end the following new subparagraph: ``(C) The Commissioner of Social Security may waive the application of the individual's waiting period under paragraph (1)(F)(i) if the Commissioner determines that he would otherwise be entitled to widower's insurance benefits under this section, that he is terminally ill, and that such application would work an undue hardship on him (as determined on the basis of criteria established by the Commissioner). In the case of any such waiver granted by the Commissioner with respect to an individual, notwithstanding clauses (i) and (ii) of paragraph (1)(F), he shall be entitled to widower's insurance benefits for each month, beginning with the first month during all of which he is under a disability and in which he would become so entitled to such insurance benefits under paragraph (1) but for such waiting period, and ending as provided in paragraph (1). For purposes of this subparagraph, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. (d) Commencement of Period of Disability.--Section 216(i)(2)(A) of such Act (42 U.S.C. 416(i)(2)(A)) is amended-- (1) by inserting ``(i)'' after ``(2)(A)''; (2) by inserting ``(I)'' after ``but only if''; (3) by inserting ``(II)'' after ``duration or''; and (4) by adding at the end the following new clause: ``(ii) The Commissioner of Social Security may waive the application of the five-month requirement under clause (i)(I) if the Commissioner determines that such individual would otherwise be entitled to a period of disability under this paragraph, that such individual is terminally ill, and that the application of such five- month requirement would work an undue hardship on such individual (as determined on the basis of criteria established by the Commissioner). For purposes of this clause, an individual is considered to be `terminally ill' if the individual has a medical prognosis that the individual's life expectancy is 6 months or less.''. SEC. 3. EFFECTIVE DATES. The amendments made by subsection (a) of section 2 of this Act shall apply only with respect to benefits under section 223 of the Social Security Act, or under section 202 of such Act on the basis of the wages and self-employment income of an individual entitled to benefits under such section 223, for months beginning after 90 days after the date of the enactment of this Act. The amendments made by subsections (b) and (c) of section 2 of this Act shall apply only with respect to benefits based on disability under subsection (e) or (f) of section 202 of the Social Security Act for months after 90 days after the date of the enactment of this Act. The amendments made by subsection (d) of section 2 of this Act shall apply only with respect to applications for disability determinations filed under title II of the Social Security Act after 90 days after the date of the enactment of this Act.

Robert James Act of 2008 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to authorize waivers by the Commissioner of Social Security of the five-month waiting period for entitlement to benefits based on disability in cases in which such waiting period would cause undue hardship to terminally ill beneficiaries.

To amend title II of the Social Security Act to authorize waivers by the Commissioner of Social Security of the 5-month waiting period for entitlement to benefits based on disability in cases in which the Commissioner determines that such waiting period would cause undue hardship to terminally ill beneficiaries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuel Equity Act''. SEC. 2. EXPANSION OF RENEWABLE RESOURCES CREDIT. (a) In General.--Section 45(c)(1) of the Internal Revenue Code of 1986 (relating to qualified energy resources) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of the subparagraph (C) and inserting a comma, and by adding at the end the following new subparagraphs: ``(D) geothermal energy, ``(E) solar energy, ``(F) incremental hydropower, and ``(G) biomass (other than closed-loop biomass).'' (b) Extension and Modification of Placed-in-Service Rules With Respect to Biomass Facilities.-- (1) In general.--Paragraph (3) of section 45(c) of the Internal Revenue Code of 1986 (defining qualified facility) is amended-- (A) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Closed-loop biomass facility.--In the case of a facility using closed-loop biomass to produce electricity, the term `qualified facility' means any facility-- ``(i) owned by the taxpayer which is originally placed in service after December 31, 1992, and before January 1, 2007, or ``(ii) owned by the taxpayer which is originally placed in service on or before December 31, 1992, and modified to use closed- loop biomass to co-fire with coal before January 1, 2007.'', (B) by striking ``2004'' in subparagraph (C) and inserting ``2007'', and (C) by adding at the end the following new subparagraph: ``(D) Biomass facility.--In the case of a facility using biomass (other than closed-loop biomass) to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service before January 1, 2007.''. (2) Definition.--Subsection (c) of section 45 of such Code (relating to definitions) is amended by adding at the end the following new paragraph: ``(5) Biomass.--The term `biomass' means any solid, nonhazardous, cellulosic waste material which is segregated from other waste materials and which is derived from-- ``(A) any of the following forest-related resources: mill residues, precommercial thinnings, slash, and brush, but not including old-growth timber, ``(B) solid wood waste materials, including waste pallets, crates, dunnage, manufacturing and construction wood wastes (other than pressure-treated, chemically-treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including municipal solid waste (garbage), gas derived from the biodegradation of solid waste, or paper that is commonly recycled, or ``(C) agriculture sources, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop by-products or residues.''. (3) Special rules.--Subsection (d) of section 45 of such Code (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(8) Special rules with respect to biomass.--In the case of a qualified facility described in subparagraph (B)(ii) or (D) of subsection (c)(3)-- ``(A) the 10-year period referred to in subsection (a) shall be treated as beginning no earlier than the date of the enactment of this paragraph, ``(B) subsection (b)(3) shall not apply to any such facility originally placed in service before January 1, 1997, and ``(C) if such a facility is leased and the operator thereof is the lessee, such lessee (and not the owner) shall be treated for purposes of this section as owning such facility.'' (c) Qualified Facility To Include Geothermal, Solar Energy, and Incremental Hydropower Facility.-- (1) In general.--Paragraph (3) of section 45(c) of such Code, as amended by subsection (b), is amended by inserting after subparagraph (D) the following new subparagraphs: ``(E) Geothermal facility.--In the case of a facility using geothermal energy to produce electricity, the term `qualified facility' means-- ``(i) any facility owned by the taxpayer which is originally placed in service after December 31, 2001, or ``(ii) any facility owned by the taxpayer which is originally placed in service before January 1, 2002, but only to the extent of its incremental geothermal production. ``(F) Solar energy facility.--In the case of a facility using solar energy to produce electricity, the term `qualified facility' means-- ``(i) any facility owned by the taxpayer which is originally placed in service after December 31, 2001, or ``(ii) any facility owned by the taxpayer which is originally placed in service before January 1, 2002, and modified on or after such date with additional generating capacity. In the case of a facility referred to in clause (ii), the credit under subsection (a) applies only to the production from the additional generating capacity. ``(G) Incremental hydropower facility.--In the case of a facility using incremental hydropower to produce electricity, the term `qualified facility' means any facility owned by the taxpayer that achieves additional generation from-- ``(i) increased efficiency, or ``(ii) additions of new capacity, at a non-Federal hydroelectric project originally placed in service before the date of enactment of this subparagraph.''. (2) Special rule.--Subsection (d) of section 45 of such Code (relating to definitions and special rules), as amended by subsection (b)(3), is amended by adding at the end the following new paragraph: ``(9) Definition and special rule with respect to incremental geothermal production.-- ``(A) In general.--The term `incremental geothermal production' means for any taxable year the excess of-- ``(i) the total kilowatt hours of electricity produced from a geothermal facility described in subsection (c)(3)(E)(ii), over ``(ii) the average annual kilowatt hours produced at such facility for five of the previous seven calendar years prior to the date of the enactment of this paragraph after eliminating the highest and lowest kilowatt hour production years in such seven-year period. ``(B) Special rule.--A facility described in subsection (c)(3)(E)(ii) which was placed in service seven years or longer prior to the date of the enactment of this paragraph shall, commencing with the year of such enactment, reduce the amount calculated under subparagraph (A)(ii) each year, on a cumulative basis, by the average decrease in annual kilowatt hour production for the seven-year period described in subparagraph (A)(ii) with such cumulative sum not to exceed 30 percent.''. (d) Coordination With Other Credits.--Subsection (d) of section 45 of such Code (relating to definitions and special rules), as amended by subsection (c)(2), is amended by adding at the end the following: ``(10) Coordination with other credits.--This section shall not apply to any qualified facility with respect to which a credit under any other section is allowed for the taxable year unless the taxpayer elects to waive application of such credit to such facility.''. (e) Effective Date.--The amendments made by this section shall apply to electricity sold after December 31, 2001. SEC. 3. EXPANSION OF INVESTMENT TAX CREDIT TO INCLUDE EQUIPMENT USED TO PRODUCE ELECTRICITY FROM CERTAIN RENEWABLE RESOURCES. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (relating to energy credit reforestation credit) is amended by striking ``or'' at the end of clause (i), inserting ``or'' at the end of clause (ii), and adding at the end the following new clause: ``(iii) equipment used to produce electricity from a qualified facility (as defined in section 45).''. (b) Increased Credit for Certain Equipment.--Paragraph (2) of section 48(a) is amended-- (1) by redesignating subparagraph (B) as subparagraph (C), (2) in subparagraph (A), by striking ``The'' and inserting ``Except as provided in subparagraph (B), the'', and (3) by inserting after subparagraph (A) the following new subparagraph: ``(B) Increased percentage for certain equipment.-- In the case of energy property having a total installed electrical generating capacity of less than 1 megawatt and placed in service before January 1, 2007, the energy percentage is 20 percent.''. (c) Effective Date.--The amendments made by this section shall apply to equipment placed in service after December 31, 2001.

Renewable Fuel Equity Act - Amends the Internal Revenue Code to expand the renewable resources credit to include geothermal and solar energy, incremental hydropower and biomass (other than closed-loop biomass).Sets forth qualifying dates of service for facilities using such means to produce electricity.Expands the investment tax credit to include equipment used to produce electricity from certain renewable resources.Increases, from 10 to 20 percent, the "energy percentage" used to determine the energy credit in the case of energy property having a total installed electrical generating capacity of less than one megawatt that is placed in service before January 1, 2007.

To amend the Internal Revenue Code of 1986 to expand the renewable resources production tax credit to include additional forms of renewable energy, and to expand the investment tax credit to include equipment used to produce electricity from renewable resources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Survivor Outreach and Support Campus Act'' or the ``SOS Campus Act''. SEC. 2. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION AND RESPONSE. (a) Establishment.--Part G of title IV of the Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by inserting after section 485E the following new section: ``SEC. 485F. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION AND RESPONSE. ``(a) Designation.--Each eligible institution participating in any program under this title shall designate an independent advocate for campus sexual assault prevention and response (in this section referred to as the `Advocate') who shall be appointed based on certifications, experience, and a demonstrated ability of the individual to effectively provide sexual assault victim services. ``(b) Notification of Existence of and Information for the Advocate.--Each employee of an eligible institution who receives a report of sexual assault shall notify the victim of the existence of, contact information for, and services provided by the Advocate of the institution. ``(c) Advocate Oversight.--Each Advocate shall-- ``(1) report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints at the institution; ``(2) submit to such individual an annual report summarizing how the resources supplied to the Advocate were used, including the number of male and female sexual assault victims assisted; and ``(3) be appointed in such manner as the Secretary determines is appropriate. ``(d) Role.-- ``(1) In general.--In carrying out the responsibilities described in this section, the Advocate shall represent the interests of the student victim without regard to whether such interests are in conflict with the interests of the institution designating such Advocate. ``(2) Prohibition on retaliation.--No institution of higher education designating an Advocate in accordance with this section may discipline, penalize, or otherwise retaliate against such Advocate for representing the interests of a student victim, without regard to whether such interests are in conflict with the interests of such institution. ``(e) Responsibilities.-- ``(1) Services available at all times.--Each Advocate shall ensure that victims of sexual assault at the institution are able to receive, at the election of the victim and at any time of day, each day of the week-- ``(A) information on how to report a campus sexual assault to law enforcement; ``(B) emergency medical care, including follow up medical care as requested; and ``(C) medical forensic or evidentiary examinations. ``(2) Other services.--Each Advocate shall ensure that victims of sexual assault at the institution are able to receive, at the election of the victim-- ``(A) crisis intervention counseling and ongoing counseling; ``(B) information on the victim's rights and referrals to additional support services; and ``(C) information on legal services. ``(3) Guidance.--Each Advocate shall guide victims of sexual assault who request assistance through the reporting, counseling, administrative, medical and health, academic accommodations, or legal processes of the institution designating such Advocate or local law enforcement. ``(4) Attendance at adjudications.--At the request of the victim of sexual assault, each Advocate shall attend any administrative or institution-based adjudication proceeding related to such assault as an advocate for the victim. ``(5) Privacy and confidentiality.--Each Advocate shall maintain the privacy and confidentiality of the victim of, and any witness to, such sexual assault and shall not notify the institution designating such Advocate or any other person of the identity of the victim or any such witness or the alleged circumstances surrounding the reported sexual assault except-- ``(A) as otherwise required by the applicable laws in the State where such institution is located; ``(B) with respect to the identity of the victim, with the consent of the victim; or ``(C) with respect to the identity of such witness, with the consent of such witness. ``(6) Public information campaign.--Each Advocate shall conduct a public information campaign to inform the students enrolled at the institution designating such Advocate of the existence of, contact information for, and services provided by the Advocate, including-- ``(A) posting information-- ``(i) on the website of such institution; ``(ii) in student orientation materials; and ``(iii) on posters displayed in dormitories, cafeterias, sports arenas, locker rooms, entertainment facilities, and classrooms; and ``(B) training coaches, faculty, school administrators, resident advisors, and other staff to provide information on the existence of, contact information for, and services provided by the Advocate. ``(f) Availability of Services.--The services described in paragraphs (1) and (2) of subsection (e) shall be provided-- ``(1) pursuant to a memorandum of understanding (that includes transportation services), at a rape crisis center, legal organization, or other community-based organization located within a reasonable distance from an institution; or ``(2) on the campus of an institution in consultation with a rape crisis center, legal organization, or other community- based organization. ``(g) Prohibition on Retaliation Towards Victims.--A victim of sexual assault may not be disciplined, penalized, or otherwise retaliated against for reporting such assault to the Advocate. ``(h) No Effect on Clery Act and Title IX.--Nothing in this section shall alter or amend the rights, duties, and responsibilities under section 485(f) or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (also known as the Patsy Takemoto Mink Equal Opportunity in Education Act). ``(i) Sexual Assault Defined.--In this section, the term `sexual assault' means penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim, including when the victim is incapable of giving consent.''. (b) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Education shall issue regulations to carry out section 485F of the Higher Education Act of 1965, as added by subsection (a) of this section.

Survivor Outreach and Support Campus Act or the SOS Campus Act Amends the Higher Education Act of 1965 to require each institution of higher education (IHE) that participates in any program under title IV (Student Assistance) to designate an independent advocate for campus sexual assault prevention and response (Advocate) with experience in providing sexual assault victim services. Requires each Advocate to: (1) report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints at the IHE, (2) submit to such individual an annual report summarizing how the resources supplied to the Advocate were used, (3) represent the interests of each student victim without regard to whether they conflict with the IHE's interests, and (4) be appointed in such manner as the Secretary of Education deems appropriate. Directs each Advocate to: ensure that sexual assault victims at the IHE are able to receive, at their election, specified information and services; guide sexual assault victims who request assistance through the reporting, counseling, administrative, medical and health, academic accommodations, or legal processes of the IHE or local law enforcement; attend, at the request of a sexual assault victim, any administrative or IHE-based adjudication proceeding related to such assault as an advocate for the victim; maintain the privacy and confidentiality of the victim and any witness to such sexual assault and to not notify the IHE or any other person of the identity of the victim or of any such witness or the alleged circumstances surrounding the reported sexual assault except as otherwise required by state law or, with respect to the identity of the victim or witness, with the consent of such victim or witness; and conduct a public information campaign to inform the students enrolled at the IHE of the existence of, contact information for, and services provided by the Advocate. Prohibits IHEs from retaliating against: (1) Advocates for representing the interests of a student victims, or (2) student victims for reporting sexual assaults to Advocates.

SOS Campus Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Interstate Abortion Notification Act''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. Title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``2432. Transportation of minors in circumvention of certain laws relating to abortion. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Offense.-- ``(1) Generally.--Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the minor resides, shall be fined under this title or imprisoned not more than one year, or both. ``(2) Definition.--For the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed or induced on the minor, in a State or a foreign nation other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides. ``(b) Exceptions.-- ``(1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. ``(2) A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 of this title based on a violation of this section. ``(c) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant-- ``(1) reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required by the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the minor resides; or ``(2) was presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion. ``(d) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a). ``(e) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma or a criminal assault on the pregnant female or her unborn child; ``(2) the term a `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under the law requiring parental involvement in a minor's abortion decision; ``(4) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by the law requiring parental involvement in the minor's abortion decision as a person to whom notification, or from whom consent, is required; and ``(5) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation. ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to abortion ``Notwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that such minor obtain an abortion, shall be fined under this title or imprisoned not more than one year, or both. For the purposes of this section, the terms `State', `minor', and `abortion' have, respectively, the definitions given those terms in section 2435.''. SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION. Title 18, United States Code, is amended by inserting after chapter 117A the following: ``CHAPTER 117B--CHILD INTERSTATE ABORTION NOTIFICATION ``Sec. ``2435. Child interstate abortion notification. ``Sec. 2435. Child interstate abortion notification ``(a) Offense.-- ``(1) Generally.--A physician who knowingly performs or induces an abortion on a minor in violation of the requirements of this section shall be fined under this title or imprisoned not more than one year, or both. ``(2) Parental notification.--A physician who performs or induces an abortion on a minor who is a resident of a State other than the State in which the abortion is performed must provide, or cause his or her agent to provide, at least 24 hours actual notice to a parent of the minor before performing the abortion. If actual notice to such parent is not possible after a reasonable effort has been made, at least 24 hours constructive notice must be given to a parent before the abortion is performed. ``(b) Exceptions.--The notification requirement of subsection (a)(2) does not apply if-- ``(1) the abortion is performed or induced in a State that has, in force, a law requiring parental involvement in a minor's abortion decision and the physician complies with the requirements of that law; ``(2) the physician is presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence has waived any parental notification required by the laws of that State, or has otherwise authorized that the minor be allowed to procure an abortion; ``(3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent, and, before an abortion is performed on the minor, the physician notifies the authorities specified to receive reports of child abuse or neglect by the law of the State in which the minor resides of the known or suspected abuse or neglect; ``(4) the abortion is necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself, but an exception under this paragraph does not apply unless the attending physician or an agent of such physician, within 24 hours after completion of the abortion, notifies a parent in writing that an abortion was performed on the minor and of the circumstances that warranted invocation of this paragraph; or ``(5) the minor is physically accompanied by a person who presents the physician or his agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor. ``(c) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a). ``(d) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child; ``(2) the term `actual notice' means the giving of written notice directly, in person, by the physician or any agent of the physician; ``(3) the term `constructive notice' means notice that is given by certified mail, return receipt requested, restricted delivery to the last known address of the person being notified, with delivery deemed to have occurred 48 hours following noon on the next day subsequent to mailing on which regular mail delivery takes place, days on which mail is not delivered excluded; ``(4) the term a `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; ``(5) the term `minor' means an individual who is not older than 18 years and who is not emancipated under the law of the State in which the minor resides; ``(6) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides; as determined by State law; ``(7) the term `physician' means a doctor of medicine legally authorized to practice medicine by the State in which such doctor practices medicine, or any other person legally empowered under State law to perform an abortion; and ``(8) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation.''. SEC. 4. CLERICAL AMENDMENT. The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new items: ``117A. Transportation of minors in circumvention of certain 2431 laws relating to abortion. ``117B. Child interstate abortion notification.............. 2435''. SEC. 5. SEVERABILITY AND EFFECTIVE DATE. (a) The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. (b) This Act and the amendments made by this Act shall take effect 45 days after the date of enactment of this Act.

Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minors state of residence that requires parental involvement in the minors abortion decision). Makes an exception for an abortion necessary to save the life of the minor. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion. Authorizes any parent who suffers harm from a violation of such prohibition to obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor. Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, terminate an ectopic pregnancy, or remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. Imposes a fine and/or prison term of up to one year on anyone who has committed an act of incest with a minor and knowingly transports the minor across a state line with the intent that such minor obtain an abortion. Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion, except where: (1) the abortion is performed or induced in a state that has in force a law requiring parental involvement in a minor's abortion decision and the physician complies with such law; (2) the physician is presented with documentation showing that a court in the minor's state of residence has waived any required parental notification or has otherwise authorized the minor to procure an abortion; (3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent and, before an abortion is performed, the physician notifies the authorities of the state in which the minor resides of the known or suspected abuse or neglect; (4) the abortion is necessary to save the life of the minor, provided the attending physician, within 24 hours after completion of the abortion, notifies a parent in writing that the abortion was performed and of the circumstances that warranted it; or (5) the minor is accompanied by a person who presents documentation that he or she is the minor's parent.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korea Sanctions and Diplomatic Nonrecognition Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) North Korean negotiators in the Six-Party diplomatic process did not act in good faith by their refusal to agree to a transparent verification process for denuclearization consistent with ``international standards'', including provisions for nuclear sampling, following North Korea's removal on October 11, 2008, from the list of state sponsors of terrorism maintained by the Department of State. (2) International press reports indicate that North Korea has continued to provide support to Iran in the areas of missile technology and nuclear development and has provided Iran's surrogates, Hezbollah and Hamas, with both missile technology and training in tunneling techniques with which to attack Israel, an ally of the United States. (3) International press reports indicate that North Korea was engaged for a number of years in assistance to Syria in the construction of a nuclear reactor in the Syrian desert which was destroyed in a strike by Israeli forces on September 6, 2007. (4) North Korean negotiators continue to refuse to address in a humane and sincere manner the issue of the abduction of civilians of Japan and the Republic of Korea, both allies of the United States, as well as the abductions of citizens from a number of other countries, including France, Lebanon, Romania, and Thailand. (5) Defectors coming out of North Korea have provided testimony that United States permanent resident, Reverend Kim Dong-shik, the spouse and father of United States citizens, was tortured and murdered inside North Korea after his abduction by Pyongyang's agents on the Chinese border in January 2000 and that his remains are currently being held at a military facility inside North Korea. (6) Congress authoritatively expressed its view, in section 202(b)(2) of the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7832(b)(2)) that ``United States nonhumanitarian assistance to North Korea shall be contingent on North Korea's substantial progress'' on human rights improvements, release of and accounting for abductees, family reunification, reform of North Korea's labor camp system, and the decriminalization of political expression, none of which has occurred. (7) Congress further authoritatively expressed its view, in section 2 of the North Korean Human Rights Reauthorization Act of 2008 (Public Law 110-346) that ``human rights and humanitarian conditions inside North Korea are deplorable'' and that ``North Korean refugees remain acutely vulnerable''. (8) Congress has determined that any missile test or launch conducted by North Korea would be in direct violation of United Nations Security Council resolution 1695, adopted on July 16, 2006, which ``condemns the multiple launches by the DPRK (North Korea) of ballistic missiles on July 5 2006 local time'', and United Nations Security Council resolution 1718, adopted on October 9, 2006, which ``demands that the DPRK (North Korea) not conduct any further nuclear test or launch of a ballistic missile'' and ``decides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching'', and further determines that the resulting sanctions imposed under such resolution 1718 would again come into full effect following a missile test or launch. (9) Congress has further determined that a return by North Korea to the Six-Party diplomatic process following any missile test or launch by Pyongyang must include a firm and transparent commitment to the complete, verifiable and irreversible dismantlement of all of North Korea's nuclear programs, including those derived both from plutonium as well as highly enriched uranium. (10) Japanese press reports have indicated that a delegation of approximately fifteen Iranian missile experts have arrived in North Korea in March 2009 ``to help Pyongyang prepare for a rocket launch'', including senior officials with the Iranian rocket and satellite producer Shahid Hemmat Industrial Group, and that they brought with them a letter from their President Mahmoud Ahmadinejad to North Korean leader Kim Jong-Il stressing the importance of cooperating on space technology. SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE GOVERNMENT OF NORTH KOREA. Notwithstanding the decision by the Secretary of State on October 11, 2008, to rescind the designation of North Korea as a state sponsor of terrorism, restrictions against the Government of North Korea that were imposed by reason of a determination of the Secretary of State that the Government of North Korea, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism, shall remain in effect, and shall not be lifted pursuant to such provisions of law, unless the President certifies to Congress that the Government of North Korea-- (1) is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to the governments of Iran, Syria, or any other country, the government of which the Secretary of State has determined for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for international acts of terrorism; (2) is no longer engaged in training in combat operations or tunneling, or harboring, supplying, financing, or supporting in any way-- (A) Hamas, Hezbollah, the Japanese Red Army, or any member of such organizations; (B) any organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); and (C) any person included on the annex to Executive Order 13224 (September 21, 2001) and any other person identified under section 1 of that Executive Order whose property and interests are blocked by that section (commonly known as a ``specially designated global terrorist''); (3) is no longer engaged in the counterfeiting of United States currency ``supernotes''; (4) is no longer engaged in the international trafficking of illicit narcotics into the United States, Japan, Australia, or other allied countries of the United States; (5) has released United States citizens Euna Lee and Laura Ling, who were working as journalists reporting on refugees on the North Korean border of China when they were detained by North Korean guards on March 17, 2009, and has returned the last remains of United States permanent resident, Reverend Kim Dong-shik, to his United States citizen widow, family, and church members, so that he may be provided with a proper Christian burial in Chicago; (6) has released the Japanese nationals recognized as abduction victims by the Government of Japan as well as abduction victims recognized by the Government of the Republic of Korea; (7) has released an estimated 600 surviving South Korean POWs, and any other surviving POWs from the Korean War, who have been held in North Korea against their will and in violation of the Armistice Agreement since hostilities ended in July, 1953; (8) has made concrete provisions for unrestricted family reunification meetings for those individuals among the two- million strong Korean-American community who maintain family ties with relatives inside North Korea; (9) has opened the North Korean penal system, including the gulag of concentration camps holding an estimated 200,000 political and religious prisoners, to unrestricted and regular visits by representatives of the International Committee of the Red Cross (ICRC); (10) has made provision for unrestricted and regular access by representatives of the United National High Commissioner for Refugees to refugees forcibly repatriated to North Korea to determine their general health and welfare; and (11) has made concrete provisions for unrestricted contact, including direct communications and meetings, between representatives of international and South Korean religious organizations, including Christians and Buddhists, and their co-believers inside North Korea. SEC. 4. CONTINUATION OF DIPLOMATIC NONRECOGNITION OF NORTH KOREA. (a) Finding.--Congress finds that the United States did not grant diplomatic recognition to North Korea upon its establishment as a client regime of the former Soviet Union in 1948. The United States has consistently continued to withhold such formal diplomatic recognition during the 59 years since the sudden and unprovoked attack by North Korean forces on the Republic of Korea on June 25, 1950, an attack which led directly to the Korean War and the deaths of over 36,000 United States military personnel as well as at least 2,000,000 Koreans and over 3,000 soldiers from Allied countries. (b) Continuation of Diplomatic Nonrecognition.--The diplomatic nonrecognition described in subsection (a), including restrictions on the establishment of a permanent presence or United States liaison office inside North Korea, shall remain in effect, until such time as the President certifies to Congress that the Government of North Korea has met all of the benchmarks specified in section 3. SEC. 5. INTERNATIONAL RESPONSE TO A NORTH KOREAN MISSILE LAUNCH. In the case of the launch of a missile, rocket, or other airborne object by North Korea in clear violation of United Nations Security Council resolutions 1695 and 1718, the President shall instruct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to secure adoption of a United Nations Security Counsel resolution condemning North Korea's action as a violation of United Nations Security Council resolutions 1695 and 1718 and requiring the implementation of comprehensive sanctions against North Korea.

North Korea Sanctions and Diplomatic Nonrecognition Act of 2009 - Continues diplomatic, economic, and military sanctions against the government of North Korea as a supporter of international terrorism until the President certifies to Congress that North Korea: (1) is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to Iran and Syria; (2) is not assisting foreign terrorist organizations, engaged in counterfeiting U.S. currency, or engaged in illicit narcotics traffic; (3) has released specified U.S. citizens, Japanese nationals, and surviving Korean War prisoners of war; (4) has undertaken specified family reunification actions; and (5) has undertaken specified penal reforms. Continues diplomatic nonrecognition of North Korea until such benchmarks have been met. Directs the President, in the case of a North Korean missile or rocket launch in violation of U.N. Security Council Resolutions 1695 and 1718, to instruct the U.S. Permanent Representative to the United Nations to use U.S. influence to secure adoption of a Security Council resolution condemning North Korea's action and requiring implementation of comprehensive sanctions against North Korea.

To continue restrictions against and prohibit diplomatic recognition of the Government of North Korea, and for other purposes.

SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES TO NONPROFIT ORGANIZATIONS. (a) Definitions.--In this section: (1) Business entity.--The term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (2) Facility.--The term ``facility'' means any real property, including any building, improvement, or appurtenance. (3) Gross negligence.--The term ``gross negligence'' means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person. (4) Intentional misconduct.--The term ``intentional misconduct'' means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (5) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (6) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (b) Limitation on Liability.-- (1) In general.--Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring at a facility of the business entity in connection with a use of such facility by a nonprofit organization if-- (A) the use occurs outside of the scope of business of the business entity; (B) such injury or death occurs during a period that such facility is used by the nonprofit organization; and (C) the business entity authorized the use of such facility by the nonprofit organization. (2) Application.--This subsection shall apply-- (A) with respect to civil liability under Federal and State law; and (B) regardless of whether a nonprofit organization pays for the use of a facility. (c) Exception for Liability.--Subsection (b) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including any misconduct that-- (1) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (2) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); (3) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; or (4) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law. (d) Superseding Provision.-- (1) In general.--Subject to paragraph (2) and subsection (e), this Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability for a business entity for an injury or death with respect to which conditions under subparagraphs (A) through (C) of subsection (b)(1) apply. (2) Limitation.--Nothing in this Act shall be construed to supersede any Federal or State health or safety law. (e) Election of State Regarding Nonapplicability.--This Act shall not apply to any civil action in a State court against a business entity in which all parties are citizens of the State if such State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act shall not apply to such civil action in the State; and (3) containing no other provisions.

Exempts a business entity from civil liability for any injury or death occurring at such entity's facility in connection with the use of such facility by a nonprofit organization if: (1) the use occurs outside of the scope of the business of the entity; (2) the injury or death occurs while the facility is being used by the organization; and (3) the entity authorized the organization's use of the facility. Provides an exception for an injury or death that results from an entity's act or omission that constitutes gross negligence or intentional misconduct, including crimes of violence or acts of international terrorism, hate crimes, sexual offenses, and misconduct that violates Federal or State civil rights laws. Provides that this Act shall not apply in a State that enacts a statute to that effect if all parties to an action are citizens of that State.

A bill to limit the civil liability of business entities providing use of facilities to nonprofit organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance in Gaining Experience, Independence, and Navigation Act of 2014'' or the ``AGE-IN Act''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part R of title III of the Public Health Service Act (42 U.S.C. 280i et seq.) is amended by inserting after section 399CC the following: ``SEC. 399CC-1. GRANTS FOR RESEARCH, TRAINING, AND NAVIGATOR SERVICES FOR YOUTH AND YOUNG ADULTS. ``(a) Research Grant.-- ``(1) In general.--The Secretary, in consultation with the Coordinating Committee established under section 399CC and the Administrator of the Administration for Community Living, shall award a grant to a research organization to-- ``(A) conduct a comprehensive meta-analysis on the existing empirical, peer-reviewed research on the topic of youth and young adults with an autism spectrum disorder or other developmental disabilities as such individuals age-out of the school-based support system (referred to in this section as `transitioning youth'); ``(B) conduct research on the existing infrastructure for transitioning youth, including access to health care, continuing education and vocational training programs, supportive and community- based integrated housing, accessible transportation services, and public safety and community integration programs (including first responder training); and ``(C) develop a comprehensive strategic plan (in accordance with paragraph (2)) for the establishment of a Transition Navigator grant program to provide transitioning youth with a comprehensive and interdisciplinary set of support services. ``(2) Strategic plan.--The strategic plan developed under paragraph (1)(C) shall include-- ``(A) proposals on establishing best practices guidelines to ensure interdisciplinary coordination between all relevant service providers (including first responders), the transitioning youth, and their family, and in conjunction with the transitioning youth's Individualized Education Plan as prescribed in section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414), to maximize the transitioning youth's self-determination; ``(B) comprehensive approaches to transitioning, including-- ``(i) services to increase access to, and the successful integration and completion of, postsecondary education, peer support, vocational training (as defined in section 103 of the Rehabilitation Act of 1973 (29 U.S.C. 723)), self-advocacy skills, and competitive, integrated employment; ``(ii) community-based behavioral supports and interventions; ``(iii) community-based integrated residential services, housing, and transportation; ``(iv) nutrition, health and wellness, recreational, and social activities; and ``(v) personal safety services that consider the specific needs of transitioning youth who are at risk of becoming involved with public safety agencies or the criminal justice system; ``(C) culturally and linguistically competent and sensitive service delivery models; and ``(D) proposals which seek to-- ``(i) increase the effectiveness of such practices to provide successful transition services; ``(ii) increase the ability of the entity to provide supports and services to underserved populations and regions; ``(iii) increase the efficiency of service delivery to maximize resources and outcomes; and ``(iv) ensure access to all services identified as necessary to transitioning youth of all capabilities. ``(3) Grant period.--Grants awarded under this subsection shall be for a period of 2 years. ``(b) Transition Navigator Training Grants.-- ``(1) In general.--The Secretary, in consultation with the Coordinating Committee established under section 399CC and the Administrator of the Administration for Community Living, shall establish a Transition Navigator Grant Program to award multiyear training initiative grants to establish and carry out a collaborative, interdisciplinary training and services initiative, that is based on the data and best practice guidelines developed under subsection (a), to train transition navigators to provide transitioning youth with the services and skills necessary to lead an independent, integrated life. ``(2) Eligibility.--To be eligible for a grant under this subsection, an entity shall-- ``(A) be a University Center for Excellence in Developmental Disabilities Education, Research and Service or a comparable interdisciplinary entity capable of fulfilling the scope of activities described in section 153 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15063); and ``(B) prepare and submit an application to the Secretary in accordance with paragraph (3). ``(3) Application.--To be eligible to receive a grant under this subsection, an entity shall submit to the Secretary an application demonstrating the capacity to successfully train an interdisciplinary group of service providers on the best practice guidelines contained in strategic plan under subsection (a). The application shall include additional information, including-- ``(A) the number of trainees, students, or providers expected to be trained under the grant, and in what timeframe; ``(B) the interdisciplinary scope of faculty, staff, mentors, and community-based trainers affiliated with the applicant; ``(C) the ability to provide training services to a culturally diverse set of students and in a culturally competent, culturally sensitive manner; and ``(D) the ability to train providers in underserved areas and to serve underserved populations. ``(4) Grant period and annual evaluation.-- ``(A) Grant period.--Navigator training grants awarded under this subsection shall be for a period of 3 years. The Secretary may renew a grant for an additional 3-year period based on the results of the evaluations submitted under subparagraph (B). ``(B) Annual evaluation.--A grantee under this subsection shall submit to the Secretary an evaluation of progress made during each grant year in achieving the purposes for which the grant was awarded. Such evaluation shall include an analysis of-- ``(i) any performance metrics required by the Secretary; ``(ii) the grantees recruitment of students into the program; and ``(iii) the recruits' cultural diversity and the interdisciplinary nature of their interests or background. ``(5) Longitudinal evaluation.-- ``(A) In general.--The Secretary shall enter into a contract with a third-party organization with expertise in program evaluation for the conduct of an evaluation of the success of grantees under this subsection in meeting the goals of the strategic plan submitted under subsection (a)(2) and their grant application. ``(B) Procedure.--A third-party organization that enters into a contract under subparagraph (A) shall monitor grantees under this subsection and report back to the Secretary with a longitudinal analysis of the effectiveness of the program carried out by the grantee. Such analysis shall include an examination of-- ``(i) whether and to what extent the training regime sufficiently met the goals of the strategic plan under subsection (a)(2); ``(ii) whether and to what extent graduates of the training program are successfully working to provide services to transitional youth in an effective, comprehensive, and appropriate manner; and ``(iii) the long-term efficacy of the program and the strategic plan on increasing and sustaining transitional youth's-- ``(I) enrollment in, and completion of, postsecondary education or vocational training programs; ``(II) participation in integrated, competitive employment; ``(III) continued access to peer support; ``(IV) continued access to, and benefitting from, community-based behavioral supports and interventions; ``(V) consistent access to community-based integrated residential services, housing, and transportation; and ``(VI) continued access to nutrition, health and wellness, recreational, and social activities. ``(6) Supplement.--Activities carried out under a grant under this subsection shall supplement, not supplant, existing programs and activities designed to provide interdisciplinary training to services providers aimed at serving transitional youth.''.

Assistance in Gaining Experience, Independence, and Navigation Act of 2014 or the AGE-IN Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award a grant to: (1) analyze existing research on youth and young adults with an autism spectrum disorder or other developmental disabilities as they transition out of the school-based support system; (2) research existing infrastructure for transitioning youth, including access to health care, continuing education programs, and community integration programs; and (3) develop a strategic plan for a Transition Navigator Grant Program to provide transitioning youth with support services. Requires the Secretary to establish a Transition Navigator Grant Program to award grants to provide services based on the strategic plan. Directs the Secretary to contract a third party to evaluate the effectiveness of grantees in meeting the goals of the strategic plan.

AGE-IN Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foster Care Tax Credit Act''. SEC. 2. FOSTER CARE TAX CREDIT. (a) Allowance of Credit.-- (1) In general.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. FOSTER CARE TAX CREDIT. ``(a) Allowance of Credit.--With respect to each qualifying foster child of an eligible taxpayer, for each calendar month occurring during the taxable year that such child resides in the home of such taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to \1/12\ of the amount determined under subsection (b). ``(b) Amount Determined.-- ``(1) In general.--The amount determined under this subsection with respect to an eligible taxpayer and a taxable year is-- ``(A) $1,000, reduced by ``(B) $50 for each $1,000 (or fraction thereof) by which the eligible taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' has the meaning given such term by section 24(b)(2). ``(c) Qualifying Foster Child.--For purposes of this section, the term `qualifying foster child' means an eligible foster child (within the meaning of section 152(f)(1)(C)) of the eligible taxpayer-- ``(1) who has not attained age 17, ``(2) who is a citizen, national, or resident of the United States, ``(3) who resides in the home of the eligible taxpayer for not less than 1 calendar month during the taxable year, and ``(4) with respect to whom the credit under section 24 is not allowable to the eligible taxpayer or any other taxpayer who would be an eligible taxpayer but for paragraph (3) of subsection (d). ``(d) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any taxpayer, except that-- ``(1) no single household shall include more than 1 eligible taxpayer, ``(2) married individuals filing a joint return shall be treated as 1 eligible taxpayer, and ``(3) in the case of individuals not described in paragraph (2) who are members of the same household, only the taxpayer with the highest adjusted gross income for the taxable year shall be treated as an eligible taxpayer. ``(e) Calendar Month.--For purposes of this section, if a foster child resides in the home of the taxpayer for more than 15 consecutive days of a calendar month but fewer than the total number of days in such calendar month, such foster child shall be treated as residing in the home of the taxpayer for the full calendar month. ``(f) Portion of Credit Refundable.-- ``(1) In general.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under this section without regard to this subsection and the limitation under section 26(a) (determined after any reduction of the credit under section 24(a) by reason of section 24(d)), or ``(B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection, and after any reduction of the credit under section 24(a) by reason of section 24(d)) would increase if the limitation imposed by section 26(a) were increased by the greater of-- ``(i) 15 percent of so much 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 as exceeds $3,000, or ``(ii) in the case of a taxpayer with 3 or more qualifying foster children residing in the home of the taxpayer for all months in the taxable year (without regard to whether the same 3 children reside in the home of the taxpayer for all such months), the excess (if any) of-- ``(I) the taxpayer's social security taxes for the taxable year, over ``(II) the credit allowed under section 32 for the taxable year. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a). For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year. ``(2) Social security taxes.--For purposes of paragraph (1), the term `social security taxes' has the same meaning as when used in section 24(d)(1). ``(g) Identification Requirements.-- ``(1) Qualifying child identification requirement.--No credit shall be allowed under this section to an eligible taxpayer with respect to any qualifying foster child unless the taxpayer includes the name and taxpayer identification number of such qualifying foster child on the return of tax for the taxable year and such taxpayer identification number was issued on or before the due date for filing such return. ``(2) Taxpayer identification requirement.--No credit shall be allowed under this section if the identifying number of the eligible taxpayer was issued after the due date for filing the return for the taxable year. ``(h) Restrictions on Taxpayers Who Improperly Claimed Credit in Prior Year.-- ``(1) Taxpayers making prior fraudulent or reckless claims.-- ``(A) In general.--No credit shall be allowed under this section for any taxable year in the disallowance period. ``(B) Disallowance period.--For purposes of subparagraph (A), the disallowance period is-- ``(i) the period of 10 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section was due to fraud, and ``(ii) the period of 2 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of credit under this section was due to reckless or intentional disregard of rules and regulations (but not due to fraud). ``(2) Taxpayers making improper prior claims.--In the case of a taxpayer who is denied credit under this section for any taxable year as a result of the deficiency procedures under subchapter B of chapter 63, no credit shall be allowed under this section for any subsequent taxable year unless the taxpayer provides such information as the Secretary may require to demonstrate eligibility for such credit.''. (2) Conforming amendments.-- (A) Section 6211(b)(4) of the Internal Revenue Code of 1986 is amended by ``inserting 25E(f),'' before ``32,''. (B) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``25E,'' after ``25A,''. (C) The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Foster care tax credit.''. (b) Application of Tax Return Preparer Due Diligence Penalty.-- Section 6695(g) of the Internal Revenue Code of 1986 is amended by inserting ``25E,'' after ``25A(a)(1),''. (c) Effective Date.--The amendments made by this section shall apply to calendar months beginning after December 31, 2017, in taxable years beginning after such date. (d) Education.--The Secretary of Health and Human Services (or the Secretary's delegate), in coordination with the Secretary of the Treasury or such Secretary's delegate, shall identify provisions in the Internal Revenue Code of 1986 that can be used by or can benefit foster families, and shall increase outreach efforts to provide information and educational materials regarding such provisions to State and Indian tribal foster care agencies and to foster families.

Foster Care Tax Credit Act This bill amends the Internal Revenue Code to allow a partially refundable tax credit for each qualifying foster child who resides in the home of an eligible taxpayer for at least one calendar month during the taxable year. A "qualifying foster child" is a child in foster care who: (1) has not attained age 17; (2) is a citizen, national, or resident of the United States; and (3) with respect to whom the child tax credit is not allowable. In order to claim the credit, the name and taxpayer identification number of a foster child must be included on the taxpayer's tax return. No credit is allowed if the identification number of either the taxpayer or the qualifying child was issued after the due date for filing the return for the taxable year. The bill denies the tax credit to certain taxpayers who have made prior fraudulent or reckless claims for the credit within specified disallowance periods. The Department of Health and Human Services must identify provisions in the Internal Revenue Code that can benefit foster families and increase outreach efforts to inform state and Indian tribal foster care agencies and foster families about such provisions.

Foster Care Tax Credit Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boys Town Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Boys Town is a nonprofit organization dedicated to saving children and healing families, nationally headquartered in the village of Boys Town, Nebraska; (2) Father Flanagan's Boys Home, known as ``Boys Town'', was founded on December 12, 1917, by Servant of God Father Edward Flanagan; (3) Boys Town was created to serve children of all races and religions; (4) news of the work of Father Flanagan spread worldwide with the success of the 1938 movie, ``Boys Town''; (5) after World War II, President Truman asked Father Flanagan to take his message to the world, and Father Flanagan traveled the globe visiting war orphans and advising government leaders on how to care for displaced children; (6) Boys Town has grown exponentially, and now provides care to children and families across the country in 11 regions, including California, Nevada, Texas, Nebraska, Iowa, Louisiana, North Florida, Central Florida, South Florida, Washington, DC, New York, and New England; (7) the Boys Town National Hotline provides counseling to more than 150,000 callers each year; (8) the Boys Town National Research Hospital is a national leader in the field of hearing care and research of Usher Syndrome; (9) Boys Town programs impact the lives of more than 2,000,000 children and families across America each year; and (10) December 12th, 2017, will mark the 100th anniversary of Boys Town, Nebraska. SEC. 3. COIN SPECIFICATIONS. (a) $5 Gold Coins.--The Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall mint and issue not more than 50,000 $5 coins in commemoration of the centennial of the founding of Father Flanagan's Boys Town, each of which shall-- (1) weigh 8.359 grams; (2) have a diameter of 0.850 inches; and (3) contain 90 percent gold and 10 percent alloy. (b) $1 Silver Coins.--The Secretary shall mint and issue not more than 350,000 $1 coins in commemoration of the centennial of the founding of Father Flanagan's Boys Town, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (c) Half Dollar Clad Coins.--The Secretary shall mint and issue not more than 300,000 half dollar clad coins in commemoration of the centennial of the founding of Father Flanagan's Boys Town, each of which shall-- (1) weigh 11.34 grams; (2) have a diameter of 1.205 inches; and (3) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (d) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (e) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. (b) Designation and Inscriptions.--On each coin minted under this Act, there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2017''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the National Executive Director of Boys Town and the Commission of Fine Arts; and (2) reviewed by the Citizens of Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 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 under this Act only during the period beginning on January 1, 2017, and ending on December 31, 2018. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; and (2) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the Federal Government.

Boys Town Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 50,000 $5 gold coins, 350,000 $1 silver coins, and 300,000 half-dollar clad coins to commemorate the centennial of the founding of Father Flanagan's Boys Town. Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. Permits issuance of such coins only between January 1, 2017, and December 31, 2018.

Boys Town Centennial Commemorative Coin Act

SECTION 1. INDIAN GAMING RESTRICTED. (a) Regulation of Class II Gaming.--Section 11(b) of the Act (25 U.S.C. 2710(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by inserting ``(i)'' after ``(A)''; (ii) in clause (i), as designated by clause (i) of this subparagraph, by striking ``any purpose'' and all that follows through ``law), and'' and inserting ``a commercial purpose by any person, organization or entity, or''; and (iii) by inserting after clause (i), as designated by clause (i) of this subparagraph, the following: ``(ii) such Indian gaming is for charitable purposes and is located within a State that permits such gaming for charitable purposes by a person, organization or entity,''; (B) by redesignating subparagraph (B) as subparagraph (D) and inserting the following: ``(B) such gaming is not otherwise specifically prohibited on Indian lands by Federal law, ``(C) permissible gaming is limited to the specific forms of, and methods of play for, gaming activities expressly authorized by the law of the State, and''; and (2) in paragraph (2)-- (A) in subparagraph (E), by striking ``and'' at the end; (B) in subparagraph (F), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(G) all gaming activities shall be conducted in conformity with those laws and regulations (if any) of the State regarding specific games allowed and methods of play, including, but not limited to, periods of operation, limitation on wagers, pot sizes, and losses.''. (b) Regulation of Class III Gaming.--Section 11(d)(1) of the Act (25 U.S.C. 2710(d)(1)) is amended-- (1) by amending subparagraph (B) to read as follows: ``(B) located in a State that permits such gaming for any purpose by any person, organization, or entity which conducts the authorized gaming activity as part of a commercial, for- profit business enterprise; except that a Tribal-State compact may permit any other class III gaming authorized by a State if conducted in accordance with State law;''; and (2) by redesignating subparagraph (C) as subparagraph (D) and inserting after subparagraph (B) the following new subparagraph: ``(C) limited to the specific forms of, and methods of play for, gaming activities expressly authorized by the law of the State; and''. SEC. 2. DEFINITION OF CLASS III GAMING. Section 4 of the Act (25 U.S.C. 2703) is amended-- (1) in paragraph (7)(A)(i), by inserting after ``therewith)'' the following: ``except video bingo''; and (2) in paragraph (8), by inserting before the period at the end the following: ``including, but not limited to, slot machines (as such term is defined in subsection (a)(1) of the first section of the Act of January 2, 1951 (Chapter 1194; 64 Stat. 1134)), electronic or electromechanical facsimiles of any game of chance, and any and all forms of electronic video games or devices, such as video bingo, video pull-tabs, video keno, and video blackjack''. SEC. 3. COMPACT NEGOTIATION. (a) Burden of Proof.--Section 11(d)(7)(B)(ii) of the Act (25 U.S.C. 2710(d)(7)(B)(ii)) is amended by striking ``burden of proof shall be upon the State to prove that the State'' and inserting ``burden of proof shall be upon the Indian tribe to prove that the State''. (b) Certain Evidence.--Section 11(d)(7)(B)(iii) of the Act (25 U.S.C. 2710(d)(7)(B)(iii)) is amended-- (1) in subclause (I), by striking ``, and'' and inserting a semicolon; (2) in subclause (II), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(III) except as provided in clause (ii), shall not consider as evidence that the State has not negotiated in good faith a demand by the State that the gaming activities contemplated by the compact be conducted on the same basis as gaming activities which may be conducted by any other person or entity under the terms of relevant State law.''. SEC. 4. NATIONAL INDIAN GAMING COMMISSION. (a) Additional Members.--Section 5(b)(1) of the Act (25 U.S.C. 2704(b)(1)) is amended-- (1) in the material preceding subparagraph (A), by striking ``three'' and inserting ``five''; (2) in subparagraph (A), by striking ``and''; (3) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(C) two associate members who shall be appointed by the President, with the advice and consent of the Senate, from among State officials.''. (b) Composition.--Section 5(b)(3) of the Act (25 U.S.C. 2704(b)(3)) is amended in the first sentence by striking ``two'' and inserting ``three''. (c) Quorum.--Section 5(d) of the Act (25 U.S.C. 2704(d)) is amended by striking ``two'' and inserting ``three''. (d) Effective Date; Transition Rules.--(1) Except as required for paragraph (2), the amendments made by this section shall take effect at the end of the 90-day period beginning on the date of enactment of this Act and shall apply with respect to any action taken by the National Indian Gaming Commission after the end of such period. (2) Not later than 90 days after the date of enactment of this Act, the President shall make the initial appointments of the associate members of the National Indian Gaming Commission, as required by the amendments made by subsection (a) of this section, in accordance with the Indian Gaming Regulatory Act, as amended by this Act. SEC. 5. GAMING ON AFTER ACQUIRED LANDS. Section 20(b)(1)(A) of the Act (25 U.S.C. 2719(b)(1)(A)) is amended-- (1) by striking ``and appropriate State and local officials, including officials of other nearby Indian tribes,'' and inserting the following: ``, appropriate State and local officials (including officials of other nearby Indian tribes), and officials of other nearby communities (including communities across State borders that would be directly affected by gaming conducted on such lands),''; and (2) by striking ``community'' and inserting ``communities (including communities across State borders that would be directly affected by gaming conducted on such lands)''.

Amends the Indian Gaming Regulatory Act to revise conditions for regulation of certain types of gaming activities on Indian lands. Revises such conditions with respect to the regulation of Class II and Class III gaming activities to specify that these shall be limited to the specific forms of, and methods of play for, those gaming activities expressly authorized by the law of the State. Excludes video bingo from the definition of class II gaming. Includes video bingo, and any other forms of electronic video games or devices, as well as slot machines, within the definition of class III gaming. Shifts the burden of proof from a State to an Indian tribe in a compact negotiation-related action initiated by a tribe. Increases the membership of the National Indian Gaming Commission. Includes, under provisions for determining whether gaming activities on newly acquired Indian lands are to be allowed, consideration of communities across State borders that would be seriously affected, as well as consultation with officials of such communities.

To amend the Indian Gaming Regulatory Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Small Business Regulatory Assistance Act of 2003''. SEC. 2. PURPOSE. The purpose of this Act is to establish a program to-- (1) provide confidential assistance to small business concerns; (2) provide small business concerns with the information necessary to improve their rate of compliance with Federal and State regulations; (3) create a partnership among Federal agencies to increase outreach efforts to small business concerns with respect to regulatory compliance; (4) provide a mechanism for unbiased feedback to Federal agencies on the regulatory environment for small business concerns; and (5) utilize the service delivery network of Small Business Development Centers to improve access of small business concerns to programs to assist them with regulatory compliance. SEC. 3. DEFINITIONS. In this Act, the definitions set forth in section 36(a) of the Small Business Act (as added by section 4 of this Act) shall apply. SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM. The Small Business Act (15 U.S.C. 637 et seq.) is amended-- (1) by redesignating section 36 as section 37; and (2) by inserting after section 35 the following new section: ``SEC. 36. SMALL BUSINESS REGULATORY ASSISTANCE PROGRAM. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Administrator.--The term `Administrator' means the Administrator of the Small Business Administration, acting through the Associate Administrator for Small Business Development Centers. ``(2) Association.--The term `Association' means the association recognized by the Administrator of the Small Business Administration under section 21(a)(3)(A). ``(3) Participating small business development center.--The term `participating Small Business Development Center' means a Small Business Development Center participating in the program. ``(4) Program.--The term `program' means the regulatory assistance program established under this section. ``(5) Regulatory compliance assistance.--The term `regulatory compliance assistance' means assistance provided by a Small Business Development Center to a small business concern to enable the concern to comply with Federal regulatory requirements. ``(6) Small business development center.--The term `Small Business Development Center' means a Small Business Development Center described in section 21. ``(7) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam. ``(b) Authority.--In accordance with this section, the Administrator shall establish a program to provide regulatory compliance assistance to small business concerns through participating Small Business Development Centers, the Association, and Federal compliance partnership programs. ``(c) Small Business Development Centers.-- ``(1) In general.--In carrying out the program, the Administrator shall enter into arrangements with participating Small Business Development Centers under which such centers will provide-- ``(A) access to information and resources, including current Federal and State nonpunitive compliance and technical assistance programs similar to those established under section 507 of the Clean Air Act Amendments of 1990; ``(B) training and educational activities; ``(C) confidential, free-of-charge, one-on-one, in- depth counseling to the owners and operators of small business concerns regarding compliance with Federal and State regulations, provided that such counseling is not considered to be the practice of law in a State in which a Small Business Development Center is located or in which such counseling is conducted; ``(D) technical assistance; and ``(E) referrals to experts and other providers of compliance assistance who meet such standards for educational, technical, and professional competency as are established by the Administrator. ``(2) Reports.-- ``(A) In general.--Each participating Small Business Development Center shall transmit to the Administrator a quarterly report that includes-- ``(i) a summary of the regulatory compliance assistance provided by the center under the program; and ``(ii) any data and information obtained by the center from a Federal agency regarding regulatory compliance that the agency intends to be disseminated to small business concerns. ``(B) Electronic form.--Each report referred to in subparagraph (A) shall be transmitted in electronic form. ``(C) Interim reports.--A participating Small Business Development Center may transmit to the Administrator such interim reports as the center considers appropriate. ``(D) Limitation on disclosure requirements.--The Administrator may not require a Small Business Development Center to disclose the name or address of any small business concern that received or is receiving assistance under the program, except that the Administrator shall require such a disclosure if ordered to do so by a court in any civil or criminal action. ``(d) Data Repository and Clearinghouse.-- ``(1) In general.--In carrying out the program, the Administrator shall-- ``(A) act as the repository of and clearinghouse for data and information submitted by Small Business Development Centers; and ``(B) transmit to the President, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives an annual report that includes-- ``(i) a description of the types of assistance provided by participating Small Business Development Centers under the program; ``(ii) data regarding the number of small business concerns that contacted participating Small Business Development Centers regarding assistance under the program; ``(iii) data regarding the number of small business concerns assisted by participating Small Business Development Centers under the program; ``(iv) data and information regarding outreach activities conducted by participating Small Business Development Centers under the program, including any activities conducted in partnership with Federal agencies; ``(v) data and information regarding each case known to the Administrator in which one or more Small Business Development Centers offered conflicting advice or information regarding compliance with a Federal or State regulation to one or more small business concerns; ``(vi) any recommendations for improvements in the regulation of small business concerns; and ``(vii) a list of regulations identified by the Administrator, after consultation with the Small Business and Agriculture Regulatory Enforcement Ombudsman, as being most burdensome to small business concerns, and recommendations to reduce or eliminate the burdens of such regulations. ``(e) Eligibility.-- ``(1) In general.--A Small Business Development Center shall be eligible to receive assistance under the program only if the center is certified under section 21(k)(2). ``(2) Waiver.-- With respect to a Small Business Development Center seeking assistance under the program, the administrator may waive the certification requirement set forth in paragraph (1) if the Administrator determines that the center is making a good faith effort to obtain such certification. ``(3) Effective date.--The restriction described in paragraph (1) shall not apply to any Small Business Development Center before October 1, 2003. ``(f) Selection of Participating State Programs.-- ``(1) Establishment of program.--In consultation with the Association and giving substantial weight to the Association's recommendations, the Administrator shall select the Small Business Development Center programs of 2 States from each of the following groups of States to participate in the program: ``(A) Group 1: Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. ``(B) Group 2: New York, New Jersey, Puerto Rico, and the Virgin Islands. ``(C) Group 3: Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. ``(D) Group 4: Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. ``(E) Group 5: Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. ``(F) Group 6: Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. ``(G) Group 7: Missouri, Iowa, Nebraska, and Kansas. ``(H) Group 8: Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. ``(I) Group 9: California, Guam, Hawaii, Nevada, and Arizona. ``(J) Group 10: Washington, Alaska, Idaho, and Oregon. ``(2) Deadline for initial selections.--The Administrator shall make selections under paragraph (1) not later than 60 days after promulgation of regulations under section 5 of the National Small Business Regulatory Assistance Act of 2003. ``(3) Additional selections.--Not earlier than the date 3 years after the date of the enactment of this paragraph, the Administrator may select Small Business Development Center programs of States in addition to those selected under paragraph (1). The Administrator shall consider the effect on the programs selected under paragraph (1) before selecting additional programs under this paragraph. ``(4) Coordination to avoid duplication with other programs.--In selecting programs under this subsection, the Administrator shall give a preference to Small Business Development Center programs that have a plan for consulting with Federal and State agencies to ensure that any assistance provided under this section is not duplicated by an existing Federal or State program. ``(g) Matching not Required.--Subparagraphs (A) and (B) of section 21(a)(4) shall not apply to assistance made available under the program. ``(h) Distribution of Grants.-- ``(1) In general.--Except as provided in paragraph (2), each State program selected to receive a grant under subsection (f) in a fiscal year shall be eligible to receive a grant in an amount not to exceed the product obtained by multiplying-- ``(A) the amount made available for grants under this section for the fiscal year; and ``(B) the ratio that-- ``(i) the population of the State; bears to ``(ii) the population of all the States with programs selected to receive grants under subsection (f) for the fiscal year. ``(2) Minimum amount.--The minimum amount that a State program selected to receive a grant under subsection (f) shall be eligible to receive under this section for any fiscal year shall be $200,000. The Administrator shall reduce the amount described in paragraph (1) as appropriate to carry out the purposes of this paragraph and subsection (j)(2). ``(i) Evaluation and Report.--Not later than 3 years after the establishment of the program, the Comptroller General of the United States shall conduct an evaluation of the program and shall transmit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report containing the results of the evaluation along with any recommendations as to whether the program, with or without modification, should be extended to include the participation of all Small Business Development Centers. ``(j) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2003 and each fiscal year thereafter. ``(2) Limitation on use of other funds.--The Administrator may carry out the program only with amounts appropriated in advance specifically to carry out this section.''. SEC. 5. PROMULGATION OF REGULATIONS. After providing notice and an opportunity for comment and after consulting with the Association (but not later than 180 days after the date of the enactment of this Act), the Administrator shall promulgate final regulations to carry out this Act, including regulations that establish-- (1) priorities for the types of assistance to be provided under the program; (2) standards relating to educational, technical, and support services to be provided by participating Small Business Development Centers; (3) standards relating to any national service delivery and support function to be provided by the Association under the program; (4) standards relating to any work plan that the Administrator may require a participating Small Business Development Center to develop; and (5) standards relating to the educational, technical, and professional competency of any expert or other assistance provider to whom a small business concern may be referred for compliance assistance under the program. SEC. 6. PRIVACY REQUIREMENTS APPLICABLE TO SMALL BUSINESS DEVELOPMENT CENTERS. Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is amended by adding at the end the following: ``(9) Privacy requirements.-- ``(A) In general.--No Small Business Development Center, consortium of Small Business Development Centers, or contractor or agent of a Small Business Development Center shall disclose the name or address of any individual or small business concern receiving assistance under this section without the consent of such individual or small business concern, except that-- ``(i) the Administrator shall require such disclosure if ordered to do so by a court in any civil or criminal action; and ``(ii) if the Administrator considers it necessary while undertaking a financial audit of a Small Business Development Center, the Administrator shall require such disclosure for the sole purpose of undertaking such audit. ``(B) Regulations.-- The Administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under subparagraph (a)(ii).''. Passed the House of Representatives April 8, 2003. Attest: JEFF TRANDAHL, Clerk.

(This measure has not been amended since it was introduced in the House on January 7, 2003. However, because action occurred on the measure, the summary has been expanded.)National Small Business Regulatory Assistance Act of 2003 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA), acting through the Associate Administrator for Small Business Development Centers, to establish a program to provide regulatory compliance assistance to small businesses through participating Small Business Development Centers (Centers), the Association for Small Business Development Centers (Association), and Federal compliance partnership programs. Requires the Administrator to enter into arrangements with participating Centers to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with Federal and State regulations; (4) technical assistance; and (5) referrals to experts and other providers of compliance assistance. Requires quarterly reports to the SBA from participating Centers.Directs the Administrator to act as the repository of and clearinghouse for data and information submitted by Centers and to transmit annual program reports to the President and the congressional small business committees.Requires the Administrator, giving substantial weight to the Association's recommendations, to select the Centers programs of two States from each of ten groups of States for participation in the program. Authorizes the Administrator to make additional selections after three years. Directs the Administrator to give selection preference to programs that have a plan for consulting with Federal and State agencies to ensure that assistance provided under this Act is not duplicated by any other Federal or State program. Sets forth the formula for determining program grant amounts.Requires the Comptroller General to evaluate the program and transmit evaluation results to the Administrator and the small business committees.Authorizes appropriations.Provides privacy requirements applicable to such Centers.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telework Tax Incentive Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Federal, State and local governments spend billions of dollars annually on the Nation's transportation needs. (2) Congestion on the Nation's roads resulted in costs of over $87,000,000 in 2007, in extra time and fuel used, to drivers in the Nation's 439 urban areas, an increase of more than 50 percent over the previous decade. (3) On average, on-road-vehicles contributed 31.9 percent of nitrogen oxide emissions in 2008. (4) It was recently reported that if the 40 percent of United States workers who have jobs that are compatible with teleworking worked at home half of the time, that would save 450 million barrels of oil, reduce greenhouse gases by 84 million tons, and reduce highway maintenance costs by over $3 billion annually. (5) The average American daily commute is 51 minutes for a round-trip (a total of 204 hours, or 8.5 days, per year.) (6) The National Science Foundation found that teleworking increased employee productivity by 87 percent and the Census Bureau reported that 73 percent of teleworkers felt they accomplished more work on telework days than when they were in the office. (7) In 2003, 77 million workers used a computer at work, accounting for 55.5 percent of total employment. (8) In recent years, studies performed in the United States have shown a marked expansion of teleworking, with 76 percent of private sector employers now providing technical support for remote workers, an increase of 27 percent over 2007. 56 percent of Federal IT professionals indicated that their agencies provide technical support for teleworkers. SEC. 3. CREDIT FOR TELEWORKING. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30E. TELEWORKING CREDIT. ``(a) Allowance of Credit.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified teleworking expenses paid or incurred by the taxpayer during such year. ``(b) Maximum Credit.-- ``(1) Per teleworker limitation.--The credit allowed by subsection (a) for a taxable year with respect to qualified teleworking expenses paid or incurred by or on behalf of an individual teleworker shall not exceed $1,000. ``(2) Reduction for teleworking less than full year.--In the case of an individual who is in a teleworking arrangement for less than a full taxable year, the amount referred to in paragraph (1) shall be reduced by an amount which bears the same ratio to $1,000 as the number of months in which such individual is not in a teleworking arrangement bears to 12. For purposes of the preceding sentence, an individual shall be treated as being in a teleworking arrangement for a month if the individual is subject to such arrangement for any day of such month. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means-- ``(A) in the case of an individual, an individual who performs services for an employer under a teleworking arrangement, and ``(B) in the case of an employer, an employer for whom employees perform services under a teleworking arrangement. ``(2) Teleworking arrangement.--The term `teleworking arrangement' means an arrangement under which an employee teleworks for an employer not less than 75 days per year. ``(3) Qualified teleworking expenses.--The term `qualified teleworking expenses' means expenses paid or incurred under a teleworking arrangement for furnishings and electronic information equipment which are used to enable an individual to telework. ``(4) Telework.--The term `telework' means to perform work functions, using electronic information and communication technologies, thereby reducing or eliminating the physical commute to and from the traditional worksite. ``(d) Limitation Based on Amount of Tax.-- ``(1) Liability for tax.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(2) Carryforward of unused credit.--If the amount of the credit allowable under subsection (a) for any taxable year exceeds the limitation under paragraph (1) for the taxable year, the excess shall be carried to the succeeding taxable year and added to the amount allowable as a credit under subsection (a) for such succeeding taxable year. ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (d)). ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election to not take credit.--No credit shall be allowed under subsection (a) for any expense if the taxpayer elects to not have this section apply with respect to such expense. ``(5) Denial of double benefit.--No deduction or credit (other than under this section) shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section.''. (b) Technical Amendment.--Subsection (a) of section 1016 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``; and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30E(e), in the case of amounts with respect to which a credit has been allowed under section 30E.''. (c) Clerical Amendment.--The table of sections for subpart B 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. 30E. Teleworking credit.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.

Telework Tax Incentive Act - Amends the Internal Revenue Code to allow an employer or an employee a tax credit, up to $1,000 per year, for teleworking expenses incurred by or on behalf of a teleworking employee under an arrangement whereby such employee teleworks not less than 75 days per year.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for expenses incurred in teleworking.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Naugatuck River Valley National Heritage Area Study Act''. SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING NAUGATUCK RIVER VALLEY, CONNECTICUT. (a) Findings.--Congress finds the following: (1) The area that encompasses the Naugatuck River Valley of Connecticut has made a unique contribution to the cultural, political, and industrial development of the United States. (2) The Naugatuck River Valley is comprised of 14 communities along the Naugatuck River, which stretches for more than 40 miles from its headwaters in Torrington, Connecticut, to the confluence with the Housatonic River in Shelton. The 14 municipalities of Torrington, Harwinton, Litchfield, Plymouth/ Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon Falls, Derby, Naugatuck, Oxford, Seymour, and Shelton, share common historical elements, agricultural, trade, and maritime origins, similar architecture, common industries, an immigrant culture succeeding colonial beginnings, and a significant contribution to the war effort from the Revolutionary War to World War II. Most of these elements are still in evidence today. (3) Three major industries drove the manufacturing contribution of the Valley. As evidenced in the book, The Brass Industry in the United States, by William Lathrop, the brass industry was born in Connecticut's Naugatuck River Valley and harnessed the power of the Naugatuck River and the skilled immigrant workers who arrived from Germany, Ireland, Italy, and Poland. (4) The Naugatuck River Valley also spawned the birth of the rubber industry in the United States when Charles Goodyear developed the vulcanization process in 1839. Together with Samuel Lewis, a wealthy industrialist from Naugatuck, Connecticut, Goodyear parlayed his innovation into establishing the U.S. Rubber Company, making Naugatuck the rubber capital of the world. (5) The Naugatuck River Valley was also a major contributor to the success of the United States clock industry. Eli Terry designed interchangeable parts for his clocks assembled in Terryville. Renowned clockmaker Seth Thomas began making the first of millions of clocks in Thomaston, Connecticut, in 1813. His company continued until 1931 when it became a division of General Time Corporation (Timex). Other important industries included pens, evaporated milk, pianos and organs, corset stays, and cables. (6) The Naugatuck River Valley has been a major contributor to the United States war efforts from the American Revolution to the Civil War to World War II. In the 2007 PBS film ``The War'', the story of World War II directed and produced by Ken Burns and Lynn Novick, the City of Waterbury, Connecticut, was characterized as the ``arsenal'' of the war effort because of its high concentration of war industries. (7) The Naugatuck River Valley has been home to many great authors, diplomats, inventors and patriots, such as David Humphreys, Aide-de-Camp to General George Washington and the first American ambassador; Commodore Isaac Hull, Commander of ``Old Ironsides'' during the War of 1812; Ebenezer D. Bassett, the country's first Black ambassador; Dr. John Howe, inventor of a pin making machine that made the common pin a household necessity; and Pierre Lallement, inventor of the modern two- wheel bicycle. (8) The Naugatuck River Valley possesses a rich and diverse assemblage of architecturally significant civic, industrial and residential structures and monuments dating from Colonial times to the present. There are 88 structures in the Naugatuck Valley included on the National Register of Historic Places. The first law school in America was built in Litchfield. Notable examples of the variety of architecture found in the Valley include Robert Wakeman Hill's brilliantly designed Thomaston Opera House and Town Hall; H.E. Ficken's acoustically impressive Sterling Opera House in Derby, site of appearances by many nationally known performers; Waterbury's Clock Tower, designed by the renowned architectural firm of McKim, Mead & White which also designed four buildings in Naugatuck; Henry Bacon, designer of the Lincoln Memorial and two structures in Naugatuck; and the Father McGivney Statue cast by Joseph Coletti of Boston to honor the Waterburian who founded the Knights of Columbus. (9) The Naugatuck River Valley has been a melting pot for immigrant populations who have made significant contributions to the industrial, cultural, and economic development of the nation. (10) In 2011, the Naugatuck River Greenway was designated one of 101 projects nationwide selected by the Secretary of the Interior under the America's Great Outdoors Initiative. This multi-sector partnership aims to restore and enhance the river by completing the Naugatuck River Greenway, creating new public access to the river, and opening fish passages on the river. (11) The Naugatuck River Valley possesses a group of public-spirited citizens dedicated to the preservation and promotion of the region's natural, historic, and cultural heritage, and a passionate resolve to work together for the betterment of the Valley and its residents. (b) Study.-- (1) In general.--The Secretary of the Interior shall, in consultation with the State of Connecticut and appropriate organizations, carry out a study regarding the suitability and feasibility of establishing the Naugatuck River Valley National Heritage Area in Connecticut. (2) Contents.--The study shall include analysis and documentation regarding whether the Study Area-- (A) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story; (C) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features; (D) provides outstanding recreational and educational opportunities; (E) contains resources important to the identified theme or themes of the Study Area that retain a degree of integrity capable of supporting interpretation; (F) includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles for all participants, including the Federal Government, and have demonstrated support for the concept of a national heritage area; (G) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; and (H) has a conceptual boundary map that is supported by the public. (c) Boundaries of the Study Area.--The Study Area shall be comprised of sites in Torrington, Harwinton, Litchfield, Plymouth/ Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon Falls, Derby, Naugatuck, Oxford, Seymour, and Shelton, Connecticut. (d) Submission of Study Results.--Not later than 3 years after funds are first made available for this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study.

Naugatuck River Valley National Heritage Area Study Act This bill directs the Department of the Interior to carry out a study on the suitability and feasibility of establishing the Naugatuck River Valley National Heritage Area in Connecticut.

Naugatuck River Valley National Heritage Area Study Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Nursing Care Act of 2005''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) There are hospitals throughout the United States that have inadequate staffing of registered nurses to protect the well-being and health of the patients. (2) Studies show that the health of patients in hospitals is directly proportionate to the number of registered nurses working in the hospital. (3) There is a critical shortage of registered nurses in the United States. (4) The effect of that shortage is revealed in unsafe staffing levels in hospitals. (5) Patient safety is adversely affected by these unsafe staffing levels, creating a public health crisis. (6) Registered nurses are being required to perform professional services under conditions that do not support quality health care or a healthful work environment for registered nurses. (7) As a payer for inpatient and outpatient hospital services for individuals entitled to benefits under the program established under title XVIII of the Social Security Act, the Federal Government has a compelling interest in promoting the safety of such individuals by requiring any hospital participating in such program to establish minimum safe staffing levels for registered nurses. SEC. 3. ESTABLISHMENT OF MINIMUM STAFFING RATIOS BY MEDICARE PARTICIPATING HOSPITALS. (a) Requirement of Medicare Provider Agreement.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (U); (2) by striking the period at the end of subparagraph (V) and inserting ``, and''; and (3) by inserting after subparagraph (V) and before the end matter the following: ``(W) in the case of a hospital-- ``(i) to adopt and implement a staffing system that meets the requirements of section 1898; ``(ii) to meet the requirements of such section relating to-- ``(I) records maintenance; ``(II) data collection; and ``(III) data submission; and ``(iii) to meet the requirements of such section relating to non-discrimination and retaliation.''. (b) Requirements.--Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following: ``staffing requirements for medicare participating hospitals ``Sec. 1898. (a) Establishment of Staffing System.--Each participating hospital shall adopt and implement a staffing system that ensures a number of registered nurses on each shift and in each unit of the hospital to ensure appropriate staffing levels for patient care. A staffing system adopted and implemented under this section shall-- ``(1) be developed on the basis of input from the direct care-giving registered nurse staff or, where nurses are represented, with the applicable recognized or certified collective bargaining representatives of the registered nurses; ``(2) be based upon the number of patients and the level and variability of intensity of care to be provided, with appropriate consideration given to admissions, discharges and transfers during each shift; ``(3) account for contextual issues affecting staffing and the delivery of care, including architecture and geography of the environment and available technology; ``(4) reflect the level of preparation and experience of those providing care; ``(5) account for staffing level effectiveness or deficiencies in related health care classifications, including but not limited to, certified nurse assistants, licensed vocational nurses, licensed psychiatric technicians, nursing assistants, aides and orderlies; ``(6) reflect staffing levels recommended by specialty nursing organizations; ``(7) subject to subsection (b), establish upwardly adjustable registered nurse-to-patient ratios based upon registered nurses' assessment of patient acuity and existing conditions; ``(8) provide that a registered nurse shall not be assigned to work in a particular unit without first having established the ability to provide professional care in such unit; and ``(9) be based on methods that assure validity and reliability. ``(b) Limitation.--A staffing system adopted and implemented pursuant to subsection (a) may not-- ``(1) set registered-nurse levels below those required by any Federal or State law or regulation; or ``(2) utilize any minimum registered nurse-to-patient ratio established pursuant to subsection (a)(7) as an upper limit on the staffing of the hospital to which such ratio applies. ``(c) Reporting, and Release to Public, of Certain Staffing Information.-- ``(1) Requirements for hospitals.--Each participating hospital shall-- ``(A) post daily for each shift, in a clearly visible place, a document that specifies in a uniform manner (as prescribed by the Secretary) the current number of licensed and unlicensed nursing staff directly responsible for patient care in each unit of the hospital, identifying specifically the number of registered nurses; ``(B) upon request, make available to the public-- ``(i) the nursing staff information described in subparagraph (A); and ``(ii) a detailed written description of the staffing system established by the hospital pursuant to subsection (a); and ``(C) submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff information described in subparagraph (A) through electronic data submission not less frequently than quarterly. ``(2) Secretarial responsibilities.--The Secretary shall-- ``(A) make the information submitted pursuant to paragraph (1)(C) publicly available, including by publication of such information on the Internet site of the Department of Health and Human Services; and ``(B) provide for the auditing of such information for accuracy as a part of the process of determining whether an institution is a hospital for purposes of this title. ``(d) Record-Keeping; Data Collection; Evaluation.-- ``(1) Record-keeping.--Each participating hospital shall maintain for a period of at least 3 years (or, if longer, until the conclusion of pending enforcement activities) such records as the Secretary deems necessary to determine to whether the hospital has adopted and implemented a staffing system pursuant to subsection (a). ``(2) Data collection on certain outcomes.--The Secretary shall require the collection, maintenance, and submission of data by each participating hospital sufficient to establish the link between the staffing system established pursuant to subsection (a) and-- ``(A) patient acuity from maintenance of acuity data through entries on patients' charts; ``(B) patient outcomes that are nursing sensitive, such as patient falls, adverse drug events, injuries to patients, skin breakdown, pneumonia, infection rates, upper gastrointestinal bleeding, shock, cardiac arrest, length of stay, and patient re-admissions; ``(C) operational outcomes, such as work-related injury or illness, vacancy and turnover rates, nursing care hours per patient day, on-call use, overtime rates, and needle-stick injuries; and ``(D) patient complaints related to staffing levels. ``(3) Evaluation.--Each participating hospital shall annually evaluate its staffing system and established minimum registered nurse staffing ratios to assure on-going reliability and validity of the system and ratios. The evaluation shall be conducted by a joint management-staff committee comprised of at least 50 percent of registered nurses who provide direct patient care and where nurses are represented, with the involvement of the applicable recognized or certified collective bargaining representatives of the registered nurses. ``(e) Enforcement.-- ``(1) Responsibility.--The Secretary shall enforce the requirements and prohibitions of this section. ``(2) Procedures for receiving and investigating complaints.--The Secretary shall establish procedures under which-- ``(A) any person may file a complaint that a participating hospital has violated a requirement or a prohibition of this section; and ``(B) such complaints are investigated by the Secretary. ``(3) Remedies.--If the Secretary determines that a participating hospital has violated a requirement of this section, the Secretary-- ``(A) shall require the facility to establish a corrective action plan to prevent the recurrence of such violation; and ``(B) may impose civil money penalties under paragraph (4). ``(4) Civil money penalties.-- ``(A) In general.--In addition to any other penalties prescribed by law, the Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of a requirement of this section, except that the Secretary shall impose a civil money penalty of more than $10,000 for each such violation in the case of a participating hospital that the Secretary determines has a pattern or practice of such violations (with the amount of such additional penalties being determined in accordance with a schedule or methodology specified in regulations). ``(B) Procedures.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A. ``(C) Public notice of violations.-- ``(i) Internet site.--The Secretary shall publish on the Internet site of the Department of Health and Human Services the names of participating hospitals on which civil money penalties have been imposed under this section, the violation for which the penalty was imposed, and such additional information as the Secretary determines appropriate. ``(ii) Change of ownership.--With respect to a participating hospital that had a change in ownership, as determined by the Secretary, penalties imposed on the hospital while under previous ownership shall no longer be published by the Secretary of such Internet site after the 1-year period beginning on the date of change in ownership. ``(f) Whistle-Blower Protections.-- ``(1) Prohibition of discrimination and retaliation.--A participating hospital shall not discriminate or retaliate in any manner against any patient or employee of the hospital because that patient or employee, or any other person, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any kind, relating to the staffing system or other requirements and prohibitions of this section. ``(2) Relief for prevailing employees.--An employee of a participating hospital who has been discriminated or retaliated against in employment in violation of this subsection may initiate judicial action in a United States District Court and shall be entitled to reinstatement, reimbursement for lost wages and work benefits caused by the unlawful acts of the employing hospital. Prevailing employees are entitled to reasonable attorney's fees and costs associated with pursuing the case. ``(3) Relief for prevailing patients.--A patient who has been discriminated or retaliated against in violation of this subsection may initiate judicial action in a United States District Court. A prevailing patient shall be entitled to liquidated damages of $5,000 for a violation of this statute in addition to any other damages under other applicable statutes, regulations or common law. Prevailing patients are entitled to reasonable attorney's fees and costs associated with pursuing the case. ``(4) Limitation on actions.--No action may be brought under paragraph (2) or (3) more than 2 years after the discrimination or retaliation with respect to which the action is brought. ``(5) Treatment of adverse employment actions.--For purposes of this subsection-- ``(A) an adverse employment action shall be treated as `retaliation or discrimination'; and ``(B) an adverse employment action includes-- ``(i) the failure to promote an individual or provide any other employment-related benefit for which the individual would otherwise be eligible; ``(ii) an adverse evaluation or decision made in relation to accreditation, certification, credentialing, or licensing of the individual; and ``(iii) a personnel action that is adverse to the individual concerned. ``(g) Rules of Construction.-- ``(1) Relationship to state laws.--Nothing in this section shall be construed as exempting or relieving any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful practice under this title. ``(2) Relationship to conduct prohibited under the national labor relations act.--Nothing in this section shall be construed as permitting conduct prohibited under the National Labor Relations Act or under any other federal, State, or local collective bargaining law. ``(h) Regulations.--The Secretary shall promulgate such regulations as are appropriate and necessary to implement this Act. ``(i) Definitions.--For purposes of this section-- ``(1) the term `participating hospital' means a hospital that has entered into a provider agreement under section 1866; ``(2) the term `registered nurse' means an individual who has been granted a license to practice as a registered nurse in at least one State; ``(3) the term `unit' of a hospital is an organizational department or separate geographic area of a hospital, such as a burn unit, a labor and delivery room, a post-anesthesia service area, an emergency department, an operating room, a pediatric unit, a step-down or intermediate care unit, a specialty care unit, a telemetry unit, a general medical care unit, a subacute care unit, and a transitional inpatient care unit; ``(4) a `shift' is a scheduled set of hours or duty period to be worked at a participating hospital; and ``(5) a `person' includes one or more individuals, associations, corporations, unincorporated organizations or labor unions.''. (c) Effective Date.--The amendments made by this section shall become effective on January 1, 2006.

Quality Nursing Care Act of 2005 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require that each participating hospital adopt and implement a staffing system that ensures a number of registered nurses on each shift and in each unit of the hospital to ensure appropriate staffing levels for patient care. Outlines whistle-blower protections.

To amend title XVIII of the Social Security Act to impose minimum nurse staffing ratios in Medicare participating hospitals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Narcotics Control Corrections Act of 1994''. SEC. 2. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961. (a) Use of Herbicides for Aerial Eradication.--Section 481(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(d)) is amended-- (1) by striking paragraph (2); and (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (b) Definitions.--Section 481(e) of that Act (22 U.S.C. 2291(e)) is amended-- (1) in the matter preceding paragraph (1), by striking ``Except as provided in sections 490(h) and (i) with respect to the definition of major illicit drug producing country and major drug-transit country, for'' and inserting ``For''; (2) by amending paragraph (2) to read as follows: ``(2) the term `major illicit drug producing country' means a country in which -- ``(A) 1,000 hectares or more of illicit opium poppy is cultivated or harvested during a year; ``(B) 1,000 hectares or more of illicit coca is cultivated or harvested during a year; or ``(C) 5,000 hectares or more of illicit cannabis is cultivated or harvested during a year, unless the President determines that such illicit cannabis production does not significantly affect the United States;''; (3) by striking ``; and'' at the end of paragraph (5); (4) by redesignating paragraph (6) as paragraph (8); and (5) by inserting after paragraph (5) the following new paragraphs: ``(6) the term `precursor chemical' has the same meaning as the term `listed chemical' has under paragraph (33) of section 102 of the Controlled Substances Act (21 U.S.C. 802(33)); ``(7) the term `major money laundering country' means a country whose financial institutions engage in currency transactions involving significant amounts of proceeds from international narcotics trafficking; and''. (c) Advance Notification of Transfer of Seized Assets.--Section 482 of that Act (22 U.S.C. 2291a) is amended by adding at the end the following new subsection: ``(e) Advance Notification of Transfer of Seized Assets.--The President shall notify the appropriate congressional committees at least 10 days prior to any transfer by the United States Government to a foreign country for narcotics control purposes of any property or funds seized by or otherwise forfeited to the United States Government in connection with narcotics-related activity.''. (d) Reallocation of Funds Withheld From Countries Which Fail To Take Adequate Steps To Halt Illicit Drug Production or Trafficking.-- Section 486 of that Act (22 U.S.C. 2291e) is amended-- (1) by striking ``(a) Additional Assistance for Countries Taking Significant Steps.--''; (2) by striking ``security assistance'' in the matter preceding paragraph (1) of subsection (a) and inserting ``assistance under this Act''; (3) in paragraph (2) of subsection (a)-- (A) in the heading, by striking ``Security'' and inserting ``Other''; and (B) by striking ``security''; and (4) by striking subsection (b). (e) Prohibition on Assistance to Drug Traffickers.--Section 487(a)(1) of that Act (22 U.S.C. 2291f(a)(1)) is amended by inserting ``to'' after ``relating''. (f) Reporting Requirements.-- (1) In general.--Section 489 of that Act (22 U.S.C. 2291h) is amended-- (A) in the section heading, by striking ``for fiscal years 1993 and 1994'' and inserting ``for fiscal year 1995''; (B) in subsection (a)-- (i) in the matter preceding paragraph (1), by striking ``April 1'' and inserting ``March 1''; and (ii) in paragraph (3)-- (I) by striking subparagraph (B); and (II) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (C) by striking subsection (c); (D) by redesignating subsection ``(d)'' as subsection ``(c)''; and (E) by amending subsection (c) (as redesignated) to read as follows: ``(c) Effective Date of Sections.--This section applies only during fiscal year 1995. Section 489A does not apply during that fiscal year.''. (2) Conforming amendment.--Section 489A of that Act (22 U.S.C. 2291i) is amended in the section heading by striking ``1994'' and inserting ``1995''. (g) Annual Certification Procedures.-- (1) In general.--Section 490 of that Act (22 U.S.C. 2291j) is amended-- (A) in the section heading, by striking ``for fiscal years 1993 and 1994'' and inserting ``for fiscal year 1995''; (B) in subsection (a)(1), by striking ``(as determined under subsection (h))''; (C) in subsection (a)(2), by striking ``April 1'' and inserting ``March 1''; (D) in subsection (c), by striking ``that such country has taken adequate steps'' and all that follows and inserting ``that such country maintains licit production and stockpiles at levels no higher than those consistent with licit market demand, and has taken adequate steps to prevent significant diversion of its licit cultivation and production into the illicit markets and to prevent illicit cultivation and production.''; (E) in subsection (d), by striking ``45'' and inserting ``30''; (F) in subsection (g)-- (i) by striking ``Congressional'' and all that follows through ``(1) Senate.--'' and inserting ``Senate Procedures.--''; and (ii) by striking paragraph (2); (G) in subsection (h)-- (i) in the heading, by striking ``for Fiscal Years 1993 and 1994''; and (ii) by striking ``January 1'' and inserting ``November 1''; and (H) by amending subsection (i) to read as follows: ``(i) Effective Date of Sections.--This section applies only during fiscal year 1995. Section 490A does not apply during that fiscal year.''. (2) Conforming amendment.--Section 490A of that Act (22 U.S.C. 2291k) is amended-- (A) in the section heading, by striking ``1994'' and inserting ``1995''; and (B) in the heading of subsection (g), by striking ``1994'' and inserting ``1995''. SEC. 3. CONFORMING AMENDMENTS TO OTHER LAWS. (a) Export-Import Bank Act.--Section 2(b)(6)(C)(ii)) of the Export- Import Bank Act of 1945 (22 U.S.C. 635(b)(6)(C)(ii)) is amended by striking ``determined under section 490(h) or 481(e), as appropriate,'' and inserting ``defined in section 481(e)''. (b) Title 18, U.S.C.--Section 981(i)(1)(C) of title 18, United States Code, is amended by striking ``paragraph (1)(A) of section 481(h)'' and inserting ``section 490(a)(1)''. (c) Tariff Act of 1930.--Section 616(c)(2)(C) of the Tariff Act of 1930 (19 U.S.C. 1616a(c)(2)(C)) is amended by striking ``481(h)'' and inserting ``490(b)''. (d) Controlled Substances Act.--Section 511(e)(1)(E) of the Controlled Substances Act (21 U.S.C. 881(e)(1)(E)) is amended by striking ``481(h)'' and inserting ``490(b)''. SEC. 4. REPEAL OF OBSOLETE PROVISIONS. (a) 1992 International Narcotics Control Act.--The International Narcotics Control Act of 1992 (Public Law 102-583) is repealed. (b) 1988 International Narcotics Control Act.--The International Narcotics Control Act of 1988 (which is title IV of the Anti-Drug Abuse Act of 1988; Public Law 100-690) is repealed. (c) 1986 International Narcotics Control Act.--The International Narcotics Control Act of 1986 (which is title II of the Anti-Drug Abuse Act of 1986; Public Law 99-570) is repealed except for the title heading and section 2018. SEC. 5. EXEMPTION OF NARCOTICS-RELATED MILITARY ASSISTANCE FOR FISCAL YEAR 1995 FROM PROHIBITION ON ASSISTANCE FOR LAW ENFORCEMENT AGENCIES. (a) Exemption.--For fiscal year 1995, section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect to-- (1) transfers of excess defense articles under section 517 of that Act (22 U.S.C. 2321k) ; (2) funds made available for the ``Foreign Military Financing Program'' under section 23 of the Arms Export Control Act (22 U.S.C. 2763) that are used for assistance provided for narcotics-related purposes; or (3) international military education and training under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 and following) that is provided for narcotics- related purposes. (b) Notification to Congress.--At least 15 days before any transfer under subsection (a)(1) or any obligation of funds under subsection (a)(2) or (a)(3), the President shall notify the appropriate congressional committees (as defined in section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) in accordance with the procedures applicable to reprogramming notifications under section 634A of that Act (22 U.S.C. 2394). (c) Coordination With International Narcotics Control Assistance Program.--Assistance provided pursuant to this section shall be coordinated with international narcotics control assistance under chapter 8 of part 1 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.). SEC. 6. WAIVER OF RESTRICTIONS FOR NARCOTICS-RELATED ECONOMIC ASSISTANCE. For fiscal year 1995, narcotics-related assistance under part I of the Foreign Assistance Act of 1961 may be provided notwithstanding any other provision of law that restricts assistance to foreign countries (other than section 490(e) of that Act (22 U.S.C. 2291j(e)) if, at least 15 days before obligating funds for such assistance, the President notifies the appropriate congressional committees (as defined in section 481(e) of that Act (22 U.S.C. 2291(e)) in accordance with the procedures applicable to reprogramming notifications under section 634A of that Act (22 U.S.C. 2394). SEC. 7. AUTHORITY FOR ANTICRIME ASSISTANCE. (a) Policy.--International criminal activities, including international narcotics trafficking, money laundering, smuggling, and corruption, endanger political and economic stability and democratic development, and assistance for the prevention and suppression of international criminal activities should be a priority for the United States. (b) Authority.-- (1) In general.--For fiscal year 1995, the President is authorized to furnish assistance to any country or international organization, on such terms and conditions as he may determine, for the prevention and suppression of international criminal activities. (2) Waiver of prohibition of police training.--Section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420) shall not apply with respect to assistance furnished under paragraph (1). SEC. 8. ASSISTANCE TO DRUG TRAFFICKERS. The President shall take all reasonable steps provided by law to ensure that the immediate relatives of any individual described in section 487(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291f(a)), and the business partners of any such individual or of any entity described in such section, are not permitted entry into the United States, consistent with the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). Passed the House of Representatives September 19, 1994. Attest: DONNALD K. ANDERSON, Clerk.

International Narcotics Control Corrections Act of 1994 - Amends the Foreign Assistance Act of 1961 to redefine a "major illicit drug producing country" as a country in which 1,000 hectares or more of illicit opium poppy or coca is cultivated or harvested annually or 5,000 hectares or more of illicit cannabis is cultivated or harvested annually unless the President determines that such cannabis production does not significantly affect the United States. Provides for advance notification to the appropriate congressional committees of any transfer by the Government to a foreign country, for narcotics control purposes, of property or funds seized or forfeited in connection with narcotics-related activities. Reallocates foreign assistance (currently, security assistance) withheld from countries that fail to take adequate steps to halt illicit drug production or trafficking. Extends certain international narcotics control strategy reporting requirements and annual certification procedures for FY 1993 and 1994 through FY 1995. Makes such requirements and procedures currently applicable after September 30, 1994, effective after September 30, 1995 (the beginning of FY 1996). Repeals specified international narcotics control Acts. Exempts specified narcotics control-related transfers of excess defense articles, foreign military financing, and international military education and training from a prohibition on assistance to foreign law enforcement agencies. Waives all restrictions on assistance (except for countries that are "decertified" under narcotics control certification provisions) with respect to narcotics-related assistance provided during FY 1995 if the President notifies the appropriate congressional committees in advance. Authorizes the President to furnish assistance to any country or international organization during FY 1995 for the prevention and suppression of international criminal activities. Exempts such assistance from the prohibition on assistance to foreign law enforcement agencies. Requires the President to take steps to ensure that the immediate relatives of any individual involved in drug trafficking are not permitted entry into the United States consistent with the Immigration and Nationality Act. NATO Participation Act of 1994 - Authorizes the President to establish a program to assist the transition to full North Atlantic Treaty Organization (NATO) membership of Poland, Hungary, the Czech Republic, Slovakia, and other designated Partnership for Peace countries. Permits the President, in carrying out such program, to provide excess defense articles, international military education and training, and foreign military financing assistance to such countries.

International Narcotics Control Corrections Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military and Veterans Education Protection Act''. SEC. 2. PROGRAM PARTICIPATION AGREEMENTS FOR PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION. Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is amended-- (1) in subsection (a)(24)-- (A) by inserting ``that receives funds provided under this title'' before ``, such institution''; and (B) by striking ``other than funds provided under this title, as calculated in accordance with subsection (d)(1)'' and inserting ``other than Federal educational assistance, as defined in subsection (d)(5) and calculated in accordance with subsection (d)(1)''; and (2) in subsection (d)-- (A) in the subsection heading, by striking ``Non- Title IV'' and inserting ``Non-Federal Educational''; (B) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by inserting ``that receives funds provided under this title'' before ``shall''; (ii) in subparagraph (B)-- (I) in clause (i), by striking ``assistance under this title'' and inserting ``Federal educational assistance''; and (II) in clause (ii)(I), by inserting ``, or on a military base if the administering Secretary for a program of Federal educational assistance under clause (ii), (iii), or (iv) of paragraph (5)(B) has authorized such location'' before the semicolon; (iii) in subparagraph (C), by striking ``program under this title'' and inserting ``program of Federal educational assistance''; (iv) in subparagraph (E), by striking ``funds received under this title'' and inserting ``Federal educational assistance''; and (v) in subparagraph (F)-- (I) in clause (iii), by striking ``under this title'' and inserting ``of Federal educational assistance''; and (II) in clause (iv), by striking ``under this title'' and inserting ``of Federal educational assistance''; (C) in paragraph (2)-- (i) by striking subparagraph (A) and inserting the following: ``(A) Ineligibility.-- ``(i) In general.--Notwithstanding any other provision of law, a proprietary institution of higher education receiving funds provided under this title that fails to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal years shall be ineligible to participate in or receive funds under any program of Federal educational assistance for a period of not less than two institutional fiscal years. ``(ii) Regaining eligibility.--To regain eligibility to participate in or receive funds under any program of Federal educational assistance after being ineligible pursuant to clause (i), a proprietary institution of higher education shall demonstrate compliance with all eligibility and certification requirements for the program for a minimum of two consecutive institutional fiscal years after the institutional fiscal year in which the institution became ineligible. In order to regain eligibility to participate in any program of Federal educational assistance under this title, such compliance shall include meeting the requirements of section 498 for such 2-year period. ``(iii) Notification of ineligibility.--The Secretary of Education shall determine when a proprietary institution of higher education that receives funds under this title is ineligible under clause (i) and shall notify all other administering Secretaries of the determination. ``(iv) Enforcement.--Each administering Secretary for a program of Federal educational assistance shall enforce the requirements of this subparagraph for the program concerned upon receiving notification under clause (iii) of a proprietary institution of higher education's ineligibility.''; and (ii) in subparagraph (B)-- (I) in the matter preceding clause (i)-- (aa) by striking ``In addition'' and all that follows through ``education fails'' and inserting ``Notwithstanding any other provision of law, in addition to such other means of enforcing the requirements of a program of Federal educational assistance as may be available to the administering Secretary, if a proprietary institution of higher education that receives funds provided under this title fails''; and (bb) by striking ``the programs authorized by this title'' and inserting ``all programs of Federal educational assistance''; and (II) in clause (i), by inserting ``with respect to a program of Federal educational assistance under this title,'' before ``on the expiration date''; (D) in paragraph (4)(A), by striking ``sources under this title'' and inserting ``Federal educational assistance''; and (E) by adding at the end the following: ``(5) Definitions.--In this subsection: ``(A) Administering secretary.--The term `administering Secretary' means the Secretary of Education, the Secretary of Defense, the Secretary of Veterans Affairs, the Secretary of Homeland Security, or the Secretary of a military department responsible for administering the Federal educational assistance concerned. ``(B) Federal educational assistance.--The term `Federal educational assistance' means funds provided under any of the following provisions of law: ``(i) This title. ``(ii) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. ``(iii) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. ``(iv) Section 1784a of title 10, United States Code.''. SEC. 3. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS ACTIONS ON INELIGIBILITY OF CERTAIN PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION FOR PARTICIPATION IN PROGRAMS OF EDUCATIONAL ASSISTANCE. (a) Department of Defense.-- (1) In general.--Chapter 101 of title 10, United States Code, is amended by inserting after section 2008 the following new section: ``Sec. 2008a. Ineligibility of certain proprietary institutions of higher education for participation in Department of Defense programs of educational assistance ``(a) In General.--Upon receipt of a notice from the Secretary of Education under clause (iii) of section 487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary institution of higher education is ineligible for participation in or receipt of funds under any program of Federal educational assistance by reason of such section, the Secretary of Defense shall ensure that no educational assistance under the provisions of law specified in subsection (b) is available or used for education at the institution for the period of institutional fiscal years covered by such notice. ``(b) Covered Assistance.--The provisions of law specified in this subsection are the provisions of law on educational assistance through the Department of Defense as follows: ``(1) This chapter. ``(2) Chapters 105, 106A, 1606, 1607, and 1608 of this title. ``(3) Section 1784a of this title. ``(c) Notice on Ineligibility.--(1) The Secretary of Defense shall take appropriate actions to notify persons receiving or eligible for educational assistance under the provisions of law specified in subsection (b) of the application of the limitations in section 487(d)(2) of the Higher Education Act of 1965 to particular proprietary institutions of higher education. ``(2) The actions taken under this subsection with respect to a proprietary institution shall include publication, on the Internet website of the Department of Defense that provides information to persons described in paragraph (1), of the following: ``(A) The name of the institution. ``(B) The extent to which the institution failed to meet the requirements of section 487(a)(24) of the Higher Education Act of 1965. ``(C) The length of time the institution will be ineligible for participation in or receipt of funds under any program of Federal educational assistance by reason of section 487(d)(2)(A) of that Act. ``(D) The nonavailability of educational assistance through the Department for enrollment, attendance, or pursuit of a program of education at the institution by reason of such ineligibility.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2008 the following new item: ``2008a. Ineligibility of certain proprietary institutions of higher education for participation in Department of Defense programs of educational assistance.''. (b) Department of Veterans Affairs.-- (1) In general.--Subchapter II of chapter 36 of title 38, United States Code, is amended by inserting after section 3681 the following new section: ``Sec. 3681A. Ineligibility of certain proprietary institutions of higher education for participation in Department of Veterans Affairs programs of educational assistance ``(a) In General.--Upon receipt of a notice from the Secretary of Education under clause (iii) of section 487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary institution of higher education is ineligible for participation in or receipt of funds under any program of Federal educational assistance by reason of such section, the Secretary of Veterans Affairs shall ensure that no educational assistance under the provisions of law specified in subsection (b) is available or used for education at the institution for the period of institutional fiscal years covered by such notice. ``(b) Covered Assistance.--The provisions of law specified in this subsection are the provisions of law on educational assistance through the Department under chapters 30, 31, 32, 33, 34, and 35 of this title. ``(c) Notice on Ineligibility.--(1) The Secretary of Veterans Affairs shall take appropriate actions to notify persons receiving or eligible for educational assistance under the provisions of law specified in subsection (b) of the application of the limitations in section 487(d)(2) of the Higher Education Act of 1965 to particular proprietary institutions of higher education. ``(2) The actions taken under this subsection with respect to a proprietary institution shall include publication, on the Internet website of the Department that provides information to persons described in paragraph (1), of the following: ``(A) The name of the institution. ``(B) The extent to which the institution failed to meet the requirements of section 487(a)(24) of the Higher Education Act of 1965. ``(C) The length of time the institution will be ineligible for participation in or receipt of funds under any program of Federal educational assistance by reason of section 487(d)(2)(A) of that Act. ``(D) The nonavailability of educational assistance through the Department for enrollment, attendance, or pursuit of a program of education at the institution by reason of such ineligibility.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 36 of such title is amended by inserting after the item relating to section 3681 the following new item: ``3681A. Ineligibility of certain proprietary institutions of higher education for participation in Department of Veterans Affairs programs of educational assistance.''.

Military and Veterans Education Protection Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to require proprietary institutions of higher education to derive at least 10% of their revenue from sources other than federal educational assistance, or risk becoming ineligible for title IV funding. Federal educational assistance includes title IV federal student aid and federal educational assistance for military personnel and veterans. Currently, this so-called 90/10 rule requires proprietary institutions to derive at least 10% of their revenue from sources other than title IV federal student aid, but it allows federal educational assistance for military personnel and veterans to count toward the 10%.

Military and Veterans Education Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Violence Prevention Act of 1999''. SEC. 2. PROHIBITION ON FIREARMS OR AMMUNITION POSSESSION BY VIOLENT JUVENILE OFFENDERS. (a) Definition.--Section 921(a)(20) of title 18, United States Code, is amended by-- (1) inserting ``(A)'' after ``(20)''; (2) redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (3) inserting after clause (ii) the following: ``(B) For purposes of section 922(d) and (g) of this title, the term `act of violent juvenile delinquency' means an adjudication of delinquency in Federal or State court, based on a finding of the commission of an act by a person prior to his or her eighteenth birthday that, if committed by an adult, would be a serious violent felony, as defined in section 3559(c)(2)(F)(i) of this title, had Federal jurisdiction been exercised (except that section 3559(c)(3) shall not apply to this subparagraph):''; and (4) striking ``What constitutes'' through ``this chapter,'' and inserting: ``(C) What constitutes a conviction of such a crime or an adjudication of an act of violent juvenile delinquency shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any State conviction or adjudication of an act of violent juvenile delinquency that has been expunged or set aside, or for which a person has been pardoned or has had civil rights restored, by the jurisdiction in which the conviction or adjudication of an act of violent juvenile delinquency occurred shall not be considered a conviction or adjudication of an act of violent juvenile delinquency for purposes of this chapter,''. (b) Prohibition.--Section 922 of title 18, United States Code is amended-- (1) in subsection (d)-- (A) in paragraph (8), by striking ``or'' at the end; (B) in paragraph (9), by striking the period at the end and inserting ``; or'' ; and (C) by inserting after paragraph (9) the following: ``(10) has committed an act of violent juvenile delinquency.''; and (2) in subsection (g)-- (A) in paragraph (8), by striking ``or'' at the end; (B) in paragraph (9), by striking the period at the end and inserting ``; or'' ; and (C) by inserting after paragraph (9) the following: ``(10) has committed an act of violent juvenile delinquency.''. (c) Effective Date of Adjudication Provisions.--The amendments made by this section shall apply only to an adjudication of an act of violent juvenile delinquency that occurs after the date that is 30 days after the date on which the Attorney General notifies Federal firearms licensees, through publication in the Federal Register by the Secretary of the Treasury, that the records of such adjudications are routinely available in the national instant criminal background check system established under section 103(b) of the Brady Handgun Violence Prevention Act. SEC. 3. STRAW PURCHASE PENALTIES. (a) Straw Purchase Penalties.--Section 924(a)(2) of title 18, United States Code, is amended to read as follows: ``(2) Whoever knowingly violates-- ``(A) subsection (d), (g), (h), (i), (j) or (o) of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both; and ``(B) section 922(a)(6) shall be fined as provided in this title, imprisoned not more than 10 years, or both, except-- ``(i) whoever knowingly violates subsection (a)(6) for the purpose of selling, delivering, or otherwise transferring a firearm knowing or having reasonable cause to know that another will carry or otherwise possess or discharge or otherwise use the firearm in the commission of a violent felony, shall be-- ``(I) fined under this title, imprisoned not more than 15 years, or both; or ``(II) fined under this title, imprisoned not more than 20 years, or both where the procurement is for a juvenile; and ``In this paragraph, the term `violent felony' means conduct described in section 924(e)(2)(B) of this title and the term `juvenile' has the same meaning as in section 922(x).''. (b) Effective Date.--The amendment made by this section shall take effect 180 days after the date of enactment of this Act. SEC. 4. JUVENILE WEAPONS PENALTIES. (a) Juvenile Weapons Penalties.--Section 924(a) of title 18 United States Code, is amended-- (1) in paragraph (4), by striking ``Whoever'' and inserting ``Except as provided in paragraph (6), whoever''; and (2) by striking paragraph (6) and inserting the following: ``(6)(A) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than 1 year, or both, except-- ``(i) a juvenile shall be sentenced to probation on appropriate conditions and shall not be incarcerated unless the juvenile fails to comply with a condition of probation, if-- ``(I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 922(x)(2); and ``(II) the juvenile has not been convicted in any court of an offense (including an offense under section 922(x) or a similar State law, but not including any other offense consisting of conduct that if engaged in by an adult would not constitute an offense) or adjudicated as a juvenile delinquent for conduct that if engaged in by an adult would constitute an offense; or ``(ii) a juvenile shall be fined under this title, imprisoned not more than 20 years, or both, if-- ``(I) the offense of which the juvenile is charged is possession of a handgun or ammunition in violation of section 922(x)(2); and ``(II) during the same course of conduct in violating section 992(x)(2), the juvenile violated section 922(q), with the intent to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a violent felony. ``(B) A person other than a juvenile who knowingly violates section 922(x)-- ``(i) shall be fined under this title, imprisoned not more than 1 year, or both; and ``(ii) if the person sold, delivered, or otherwise transferred a handgun or ammunition to a juvenile knowing or having reasonable cause to know that the juvenile intended to carry or otherwise possess or discharge or otherwise use the handgun or ammunition in the commission of a violent felony, shall be fined under this title, imprisoned not more than 20 years, or both. ``(C) In this paragraph, the term `violent felony' means conduct as described in section 924(e)(2)(B) of this title. ``(D) Except as otherwise provided in this chapter, in any case in which a juvenile is prosecuted in a district court of the United States, and the juvenile is subject to the penalties under paragraph (A)(ii), the juvenile shall be subject to the same laws, rules, and proceedings regarding sentencing (including the availability of probation, restitution, fines, forfeiture, imprisonment, and supervised release) that would be applicable in the case of an adult. No juvenile sentenced to a term of imprisonment shall be released from custody simply because the juvenile reaches the age of 18 years.''. (b) Unlawful Weapons Transfers to Juveniles.--Section 922(x) of title 18, United States Code, is amended to read as follows: ``(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- ``(A) a handgun; or ``(B) ammunition that is suitable for use only in a handgun. ``(2) It shall be unlawful for any person who is a juvenile to knowingly possess-- ``(A) a handgun; or ``(B) ammunition that is suitable for use only in a handgun. ``(3) This subsection does not apply to the following: ``(A)(i) A temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun or ammunition are possessed and used by the juvenile-- ``(I) in the course of employment; ``(II) in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch); ``(III) for target practice; ``(IV) for hunting; or ``(V) for a course of instruction in the safe and lawful use of a handgun. ``(ii) Clause (i) shall apply only if the juvenile's possession and use of a handgun or ammunition under this subparagraph are in accordance with State and local law and the following conditions are met: ``(I)(aa) Except when a parent or guardian of the juvenile is in the immediate and supervisory presence of the juvenile, the juvenile shall have in the juvenile's possession at all times when a handgun or ammunition is in the possession of the juvenile, the prior written consent of the juvenile's parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm or ammunition; and ``(bb) during transportation by the juvenile directly from the place of transfer to a place at which an activity described in division (aa) is to take place the handgun shall be unloaded and in a locked container or case, and during the transportation by the juvenile of that firearm, directly from the place at which such an activity took place to the transferor, the handgun shall also be unloaded and in a locked container or case; or ``(II) With respect to ranching or farming activities as described in subparagraph (A), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile's parent or legal guardian, if such approval is on file with the adult who is not prohibited by Federal, State, or local law from possessing a firearm or ammunition and that person is directing the ranching or farming activities of the juvenile. ``(B) A juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun or ammunition in the line of duty. ``(C) A transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile. ``(D) The possession of a handgun or ammunition taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest. ``(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection, shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution. ``(5) In this subsection, the term `juvenile' means a person who is less than 18 years of age. ``(6) In a prosecution of a violation of this subsection, the court-- ``(A) shall require the presence of a juvenile defendant's parent or legal guardian at all proceedings; ``(B) may use the contempt power to enforce subparagraph (A); and ``(C) may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.''. (c) Effective Date.--The amendment made by this section shall take effect 180 days after the date of enactment of this Act.

Youth Violence Prevention Act of 1999 - Amends the Brady Handgun Violence Prevention Act (the Act) to prohibit: (1) the sale or other disposition of a firearm or ammunition to any person knowing or having reasonable cause to believe that such person has committed an act of violent juvenile delinquency; and (2) the shipment transport, or possession in interstate or foreign commerce of a firearm or ammunition, or the receipt of any firearm or ammunition which has been shipped or transported in interstate or foreign commerce, by a person who has committed an act of violent juvenile delinquency. Specifies that: (1) what constitutes an adjudication of an act of violent juvenile delinquency shall be determined in accordance with the law of the jurisdiction in which the proceedings were held; and (2) any State conviction or adjudication of such an act that has been expunged or set aside, or for which a person has been pardoned or has had civil rights restored, shall not be considered a conviction or adjudication of an act of violent juvenile delinquency for purposes of the Act. Amends the Act to set penalties for: (1) straw purchases of firearms (transferring a firearm knowing or having reasonable cause to know that another will carry or otherwise possess, discharge, or use the firearm in the commission of a violent felony); (2) possession by a juvenile of a handgun or ammunition in violation of Act provisions regarding transfer to a person, whom the transferor knows or has reasonable cause to believe is a juvenile, of a handgun or ammunition suitable for use only in a handgun, and, during the same course of conduct, violating provisions regarding possession of a firearm in a school zone, with intent to carry or otherwise possess, discharge, or otherwise use the handgun or ammunition in the commission of a violent felony; and (3) persons other than juveniles who knowingly violate provisions of the Act regarding the transfer to a person, whom the transferor knows or has reasonable cause to believe is a juvenile, of a handgun or ammunition suitable for use only in a handgun, knowing or having reasonable cause to know that another will carry or otherwise possess, discharge, or use the firearm in the commission of a violent felony. Tightens restrictions under the Act on temporary transfers of a handgun or ammunition to, and possession or use by, a juvenile. Makes current exemptions regarding such transfers applicable only if the juvenile's possession and use of a handgun or ammunition are in accordance with State and local law and if specified other conditions apply.

Youth Violence Prevention Act of 1999

SECTION 1. FINDINGS. The Congress makes the following findings: (1) The right of the people of the United States to freedom of speech, particularly as it relates to comment on governmental activities, as protected by the first amendment to the Constitution, cannot be meaningfully exercised without the ability of the public to obtain facts and information about the Government upon which to base their judgments regarding important issues and events. As the United States Supreme Court articulated in Craig v. Harney (1947), ``A trial is a public event. What transpires in the court room is public property.''. (2) The right of the people of the United States to a free press, with the ability to report on all aspects of the conduct of the business of government, as protected by the first amendment to the Constitution, cannot be meaningfully exercised without the ability of the news media to gather facts and information freely for dissemination to the public. (3) The right of the people of the United States to petition the Government to redress grievances, particularly as it relates to the manner in which the Government exercises its legislative, executive, and judicial powers, as protected by the first amendment to the Constitution, cannot be meaningfully exercised without the availability to the public of information about how the affairs of government are being conducted. As the Supreme Court noted in Richmond Newspapers, Inc. v. Commonwealth of Virginia (1980), ``People in an open society do not demand infallibility from their institutions, but it is difficult for them to accept what they are prohibited from observing.'' (4) In the twenty-first century, the people of the United States obtain information regarding judicial matters involving the Constitution, civil rights, and other important legal subjects principally through the print and electronic media. Television, in particular, provides a degree of public access to courtroom proceedings that more closely approximates the ideal of actual physical presence than newspaper coverage or still photography. (5) Providing statutory authority for the courts of the United States to exercise their discretion in permitting televised coverage of courtroom proceedings would enhance significantly the access of the people to the Federal judiciary. (6) Inasmuch as the first amendment to the Constitution prevents Congress from abridging the ability of the people to exercise their inherent rights to freedom of speech, to freedom of the press, and to petition the Government for a redress of grievances, it is good public policy for the Congress affirmatively to facilitate the ability of the people to exercise those rights. (7) The granting of such authority would assist in the implementation of the constitutional guarantee of public trials in criminal cases, as provided by the sixth amendment to the Constitution. As the Supreme Court stated in In re Oliver (1948), ``Whatever other benefits the guarantee to an accused that his trial be conducted in public may confer upon our society, the guarantee has always been recognized as a safeguard against any attempt to employ our courts as instruments of persecution. The knowledge that every criminal trial is subject to contemporaneous review in the forum of public opinion is an effective restraint on possible abuse of judicial power.''. SEC. 2. AUTHORITY OF PRESIDING JUDGE TO ALLOW MEDIA COVERAGE OF COURT PROCEEDINGS. (a) Authority of Appellate Courts.--Notwithstanding any other provision of law, the presiding judge of an appellate court of the United States may, in his or her discretion, permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides. (b) Authority of District Courts.-- (1) In general.--Notwithstanding any other provision of law, any presiding judge of a district court of the United States may, in his or her discretion, permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides. (2) Obscuring of witnesses.--(A) Upon the request of any witness in a trial proceeding other than a party, 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. (B) The presiding judge in a trial proceeding shall inform each witness who is not a party that the witness has the right to request that his or her image and voice be obscured during the witness' testimony. (c) Advisory Guidelines.--The Judicial Conference of the United States is authorized to promulgate advisory guidelines to which a presiding judge, in his or her discretion, may refer in making decisions with respect to the management and administration of photographing, recording, broadcasting, or televising described in subsections (a) and (b). SEC. 3. DEFINITIONS. In this Act: (1) Presiding judge.--The term ``presiding judge'' means the judge presiding over the court proceeding concerned. In proceedings in which more than one 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. SEC. 4. SUNSET. The authority under section 2(b) shall terminate on the date that is 3 years after the date of the enactment of this Act.

Authorizes: (1) the presiding judge of a U.S. appellate or district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings; and (2) the Judicial Conference of the United States to promulgate advisory guidelines for the management and administration of such coverage. Directs: (1) the district court, upon the request of any witness in a trial proceeding other than a party, to order the witness's face and voice to be disguised or otherwise obscured to the broadcast audience; and (2) the presiding judge to inform each witness of his or her right to make such request.

To allow media coverage of court proceedings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Autocycle Safety Act''. SEC. 2. MOTOR VEHICLE SAFETY STANDARDS. (a) Defined Term.--Section 30102(a) of title 49, United States Code, is amended-- (1) by redesignating paragraphs (1) through (13) as paragraphs (2) through (14), respectively; and (2) by inserting before paragraph (2), as redesignated, the following: ``(1) `autocycle' means a motorcycle with 3 wheels in contact with the ground, front-wheel drive, a fully enclosed occupant compartment, and a steering wheel, which is subject to applicable Federal motor vehicle safety standards, as determined necessary by the Secretary of Transportation through regulation.''. (b) Applicability of Motor Vehicle Safety Standards to Autocycles.--Chapter 301 of title 49, United States Code, is amended-- (1) in the table of sections, by inserting after the item relating to section 30114 the following: ``30114A. Autocycles.''; and (2) by inserting after section 30114 the following: ``Sec. 30114A. Autocycles ``(a) Interim Safety Standards for Autocycles.--During the period beginning on the date of the enactment of the Autocycle Safety Act and ending on the effective date of the rules issued pursuant to subsection (b), a person satisfies the requirements set forth in section 30112(a) with regard to an autocycle if the autocycle-- ``(1) complies with the motor vehicle safety standards for passenger cars, as set forth in part 571 of title 49, Code of Federal Regulations, relating to-- ``(A) controls and displays (FMVSS 101); ``(B) lamps, reflective devices, and associated equipment (FMVSS 108), except for center high-mounted stop lamps; ``(C) brake systems (FMVSS 135); ``(D) seating systems (FMVSS 207); ``(E) belted occupant crash protection (FMVSS 208); and ``(F) seat belt assemblies (FMVSS 209); ``(2) complies with the motor vehicle safety standards for motorcycles, as set forth in part 571 of title 49, Code of Federal Regulations, relating to-- ``(A) new pneumatic tires (FMVSS 119); and ``(B) tire selection and rims (FMVSS 120); ``(3) complies with the motor vehicle safety standards for motorcycles or passenger cars (at the option of such person), as set forth in part 571 of title 49, Code of Federal Regulations, relating to-- ``(A) brake hoses (FMVSS 106); ``(B) rearview mirrors (FMVSS 111), except for inside rearview mirrors; ``(C) motor vehicle brake fluids (FMVSS 116); and ``(D) glazing materials (FMVSS 205); ``(4) meets the performance criteria relating to upper interior impact set forth in FMVSS 201 to the extent possible to reach the target points; and ``(5) is equipped with a steering wheel air bag, anti-lock brakes, and electronic stability control. ``(b) Rulemaking.-- ``(1) In general.--Not later than 3 years after the date of the enactment of the Autocycle Safety Act, the Secretary of Transportation shall issue such final rules, interpretations, and test procedures in accordance with paragraphs (2) and (3) as may be necessary for a person to satisfy the requirements set forth in section 30112(a) with regard to an autocycle. ``(2) Determination.--In determining which motor vehicle safety standards are applicable to autocycles under paragraph (1), the Secretary shall-- ``(A) apply appropriate motorcycle safety standards to those aspects of an autocycle's performance that are appropriately regulated through the motor vehicle safety standards applicable to motorcycles; and ``(B) apply appropriate passenger car safety standards to those aspects of an autocycle's performance regulated through motor vehicle safety standards that are not otherwise appropriately regulated through a motorcycle standard. ``(3) Other requirements.--In issuing rules to preserve autocycle safety pursuant to paragraph (1), the Secretary shall-- ``(A) provide autocycle manufacturers with appropriate lead time to comply with the safety standards set forth in such rules; and ``(B) comply with the requirements and considerations set forth in subsections (a) and (b) of section 30111.''. (c) Conforming Amendments.--Section 30112(a) of title 49, United States Code, is amended-- (1) in paragraph (1), by striking ``sections 30113 and 30114'' and inserting ``sections 30113, 30114, and 30114A''; and (2) in paragraph (3), by striking ``section 30114,'' and inserting ``sections 30114 and 30114A,''.

Autocycle Safety Act This bill applies specified interim automotive and motorcycle safety standards to autocycles until at most three years after enactment of this bill, by which time the Department of Transportation shall issue appropriate final rules, interpretations, and test procedures. The bill defines "autocycle" as a motorcycle with three wheels in contact with the ground, front-wheel drive, a fully enclosed occupant compartment, and a steering wheel and which is subject to applicable federal motor vehicle safety standards.

Autocycle Safety Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Protection Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Television is seen and heard in nearly every United States home and is a uniquely pervasive presence in the daily lives of Americans. The average American home has 2.5 televisions, and a television is turned on in the average American home 7 hours every day. (2) Television plays a particularly significant role in the lives of children. Figures provided by Nielsen Research show that children between the ages of 2 years and 11 years spend an average of 21 hours in front of a television each week. (3) Television has an enormous capability to influence perceptions, especially those of children, of the values and behaviors that are common and acceptable in society. (4) The influence of television is so great that its images and messages often can be harmful to the development of children. Social science research amply documents a strong correlation between the exposure of children to televised violence and a number of behavioral and psychological problems. (5) Hundreds of studies have proven conclusively that children who are consistently exposed to violence on television have a higher tendency to exhibit violent and aggressive behavior, both as children and later in life. (6) Such studies also show that repeated exposure to violent programming causes children to become desensitized to and more accepting of real-life violence and to grow more fearful and less trusting of their surroundings. (7) A growing body of social science research indicates that sexual content on television can also have a significant influence on the attitudes and behaviors of young viewers. This research suggests that heavy exposure to programming with strong sexual content contributes to the early commencement of sexual activity among teenagers. (8) Members of the National Association of Broadcasters (NAB) adhered for many years to a comprehensive code of conduct that was based on an understanding of the influence exerted by television and on a widely held sense of responsibility for using that influence carefully. (9) This code of conduct, the Television Code of the National Association of Broadcasters, articulated this sense of responsibility as follows: (A) ``In selecting program subjects and themes, great care must be exercised to be sure that the treatment and presentation are made in good faith and not for the purpose of sensationalism or to shock or exploit the audience or appeal to prurient interests or morbid curiosity.''. (B) ``Broadcasters have a special responsibility toward children. Programs designed primarily for children should take into account the range of interests and needs of children, from instructional and cultural material to a wide variety of entertainment material. In their totality, programs should contribute to the sound, balanced development of children to help them achieve a sense of the world at large and informed adjustments to their society.''. (C) ``Violence, physical, or psychological, may only be projected in responsibly handled contexts, not used exploitatively. Programs involving violence present the consequences of it to its victims and perpetrators. Presentation of the details of violence should avoid the excessive, the gratuitous and the instructional.''. (D) ``The presentation of marriage, family, and similarly important human relationships, and material with sexual connotations, shall not be treated exploitatively or irresponsibly, but with sensitivity.''. (E) ``Above and beyond the requirements of the law, broadcasters must consider the family atmosphere in which many of their programs are viewed. There shall be no graphic portrayal of sexual acts by sight or sound. The portrayal of implied sexual acts must be essential to the plot and presented in a responsible and tasteful manner.''. (10) The National Association of Broadcasters abandoned the code of conduct in 1983 after three provisions of the code restricting the sale of advertising were challenged by the Department of Justice on antitrust grounds and a Federal district court issued a summary judgment against the National Association of Broadcasters regarding one of the provisions on those grounds. However, none of the programming standards of the code were challenged. (11) While the code of conduct was in effect, its programming standards were never found to have violated any antitrust law. (12) Since the National Association of Broadcasters abandoned the code of conduct, programming standards on broadcast and cable television have deteriorated dramatically. (13) In the absence of effective programming standards, public concern about the impact of television on children, and on society as a whole, has risen substantially. Polls routinely show that more than 80 percent of Americans are worried by the increasingly graphic nature of sex, violence, and vulgarity on television and by the amount of programming that openly sanctions or glorifies criminal, antisocial, and degrading behavior. (14) At the urging of Congress, the television industry has taken some steps to respond to public concerns about programming standards and content. The broadcast television industry agreed in 1992 to adopt a set of voluntary guidelines designed to ``proscribe gratuitous or excessive portrayals of violence''. Shortly thereafter, both the broadcast and cable television industries agreed to conduct independent studies of the violent content in their programming and make those reports public. (15) In 1996, the television industry as a whole made a commitment to develop a comprehensive rating system to label programming that may be harmful or inappropriate for children. That system was implemented at the beginning of 1999. (16) Despite these efforts to respond to public concern about the impact of television on children, millions of Americans, especially parents with young children, remain angry and frustrated at the sinking standards of television programming, the reluctance of the industry to police itself, and the harmful influence of television on the well-being of the children and the values of the United States. (17) The Department of Justice issued a ruling in 1993 indicating that additional efforts by the television industry to develop and implement voluntary programming guidelines would not violate the antitrust laws. The ruling states that ``such activities may be likened to traditional standard setting efforts that do not necessarily restrain competition and may have significant procompetitive benefits . . . Such guidelines could serve to disseminate valuable information on program content to both advertisers and television viewers. Accurate information can enhance the demand for, and increase the output of, an industry's products or services.''. (18) The Children's Television Act of 1990 (Public Law 101- 437) states that television broadcasters in the United States have a clear obligation to meet the educational and informational needs of children. (19) Several independent analyses have demonstrated that the television broadcasters in the United States have not fulfilled their obligations under the Children's Television Act of 1990 and have not noticeably expanded the amount of educational and informational programming directed at young viewers since the enactment of that Act. (20) The popularity of video and personal computer (PC) games is growing steadily among children. Although most popular video and personal computer games are educational or harmless in nature, many of the most popular are extremely violent. One recent study by Strategic Record Research found that 64 percent of teenagers played video or personal computer games on a regular basis. Other surveys of children as young as elementary school age found that almost half of them list violent computer games among their favorites. (21) Violent video games often present violence in a glamorized light. Game players are often cast in the role of shooter, with points scored for each ``kill''. Similarly, advertising for such games often touts violent content as a selling point--the more graphic and extreme, the better. (22) As the popularity and graphic nature of such video games grows, so do their potential to negatively influence impressionable children. (23) Music is another extremely pervasive and popular form of entertainment. American children and teenagers listen to music more than any other demographic group. The Journal of American Medicine reported that between the 7th and 12th grades the average teenager listens to 10,500 hours of rock or rap music, just slightly less than the entire number of hours spent in the classroom from kindergarten through high school. (24) Teens are among the heaviest purchasers of music, and are most likely to favor music genres that depict, and often appear to glamorize violence. (25) Music has a powerful ability to influence perceptions, attitudes, and emotional state. The use of music as therapy indicates its potential to increase emotional, psychological, and physical health. That influence can be used for ill as well. SEC. 3. CONSTRUCTION. This Act may not be construed as-- (1) providing the Federal Government with any authority to restrict television programming, movies, video games, Internet content, or music lyrics that is in addition to the authority to restrict such programming, movies, games, content, or lyrics under law as of the date of the enactment of this Act; or (2) approving any action of the Federal Government to restrict such programming, movies, games, content, or lyrics that is in addition to any actions undertaken for that purpose by the Federal Government under law as of such date. SEC. 4. EXEMPTION OF VOLUNTARY AGREEMENTS ON GUIDELINES FOR CERTAIN ENTERTAINMENT MATERIAL FROM APPLICABILITY OF ANTITRUST LAWS. (a) Exemption.--Subject to subsection (b), the antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement by or among persons in the entertainment industry for the purpose of developing and disseminating voluntary guidelines designed-- (1) to alleviate the negative impact of telecast material, movies, video games, Internet content, and music lyrics containing violence, sexual content, criminal behavior, or other subjects that the entertainment industry deems appropriate for children; or (2) to promote telecast material that is educational, informational, or otherwise beneficial to the development of children. (b) Limitation.--The exemption provided in subsection (a) shall not apply to any joint discussion, consideration, review, action, or agreement which-- (1) results in a boycott of any person; or (2) concerns the purchase or sale of advertising, including (without limitation) restrictions on the number of products that may be advertised in a commercial, the number of times a program may be interrupted for commercials, and the number of consecutive commercials permitted within each interruption. (c) Definitions.--In this section: (1) Antitrust laws.--The term ``antitrust laws'' has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Internet.--The term ``Internet'' means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. (3) Movies.--The term ``movies'' means theatrical motion pictures. (4) Person in the entertainment industry.--The term ``person in the entertainment industry'' means a television network, any entity which produces or distributes television programming (including theatrical motion pictures), the National Cable Television Association, the Association of Independent Television Stations, Incorporated, the National Association of Broadcasters, the Motion Picture Association of America, each of the affiliate organizations of the television networks, the Interactive Digital Software Association, any entity which produces or distributes video games, the Recording Industry Association of America, and any entity which produces or distributes music, and includes any individual acting on behalf of such person. (5) Telecast.--The term ``telecast'' means any program broadcast by a television broadcast station or transmitted by a cable television system. (d) Report.--Not later than 12 months after the date of the enactment of this Act, the Attorney General, in conjunction with the Chairman of the Federal Trade Commission, shall submit to Congress a report on-- (1) the extent to which the motion picture, recording, and video game industry have developed or enforced guidelines, procedures, or mechanisms to ensure compliance by persons and entities described in subsection (c)(4) with ratings or labeling systems which identify and limit dissemination of sexual, violent, or other indecent material to children; and (2) the extent to which Federal and State antitrust law preclude those industries from developing and enforcing the guidelines described in subsection (a).

Requires a report from the Attorney General to Congress on the extent to which: (1) the motion picture, recording, and television industry have developed or enforced guidelines to ensure compliance with ratings or labeling systems which identify and limit the dissemination of sexual, violent, or other indecent material to children; and (2) Federal and State antitrust laws preclude those industries from developing and enforcing such guidelines.

Children's Protection Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Criminal Contempt of Congress Procedures Act of 2009''. SEC. 2. ALTERNATE PROCEDURE. (a) Scope of Application.--If the House of Representatives finds a current or former officer or employee of the Executive branch has violated section 102 of the Revised Statutes of the United States (2 U.S.C. 192), the procedures of this Act apply. (b) Certification by Speaker.--Upon the finding by the House of Representatives of a violation to which this Act applies, the Speaker shall certify that finding to the appropriate United States attorney, whose duty it shall be to bring the matter before the grand jury for its action. (c) Circumstances Leading to Appointment of Special Counsel.--If-- (1) the Attorney General or the United States attorney to whom the finding was certified informs the court or the House that the Department of Justice will not prosecute the case; or (2) by the end of the 30th day after the date of receipt of a certification made under subsection (b) a grand jury has not returned an indictment based on the violation alleged in the certification; the Chief Judge of the United States district court for the district to whose United States Attorney the certification was made (hereinafter in this Act referred to as the ``Chief Judge'') shall appoint a special counsel under section 3. It shall be the duty of the Attorney General to inform that court and the House if a grand jury does not return an indictment by the end of the 30-day period. The Speaker of the House, or any interested congressional party, may file with the Chief Judge a suggestion that circumstances giving rise to a duty to appoint a special counsel have occurred after the 30-day period ends without the return of an indictment. SEC. 3. APPOINTMENT, QUALIFICATIONS, AND PROSECUTORIAL JURISDICTION OF SPECIAL COUNSEL, AND ADMINISTRATIVE MATTERS RELATING TO THE SPECIAL COUNSEL. (a) Appointment, Qualifications, and Prosecutorial Jurisdiction of Special Counsel.-- (1) Appointment and qualifications.--The Chief Judge shall appoint the special counsel, who must be an attorney in good standing with substantial prosecutorial experience who has not served in any capacity in the administration of the President who is or was in office when the Speaker of the House certified the finding of a violation. (2) Prosecutorial jurisdiction.--The Chief Judge shall define the special counsel's prosecutorial jurisdiction as comprising the investigation and prosecution of the alleged violation, any conspiracy to commit the alleged violation, and any perjury, false statement, or obstruction of justice occurring in relation to such investigation and prosecution. (b) Authority of Special Counsel With Respect to Matters Within Prosecutorial Jurisdiction.--With respect to all matters in that special counsel's prosecutorial jurisdiction, a special counsel appointed under this Act shall have full power and independent authority to exercise all prosecutorial functions and powers, and any other functions and powers normally ancillary thereto, of the Department of Justice, the Attorney General, and any other officer or employee of the Department of Justice, except that the Attorney General shall exercise direction or control as to those matters that specifically require the Attorney General's personal action under section 2516 of title 18, United States Code. (c) Compliance With Policies of the Department of Justice.-- (1) In general.--A special counsel shall, except to the extent that to do so would be inconsistent with the purposes of this Act, comply with the written or other established policies of the Department of Justice respecting enforcement of the criminal laws. (2) National security.--A special counsel shall comply with guidelines and procedures used by the Department in the handling and use of classified material. (d) Salary.--The special counsel shall receive a salary equivalent to the salary of the United States Attorney for the District of Columbia. (e) Staff.--The special counsel may appoint and fix the salaries of such staff, not to exceed 12 in number, as the special counsel deems necessary to carry out the functions of the special counsel under this Act. However, no salary of a member of such staff may exceed the salary of the special counsel. (f) Expenses.--The Department of Justice shall pay all costs relating to the establishment and operation of any office of special counsel. The Attorney General shall submit to the Congress, not later than 30 days after the end of each fiscal year, a report on amounts paid during that fiscal year for expenses of investigations and prosecutions the special counsel. (g) Report to Congress.--Each special counsel shall report to Congress annually on the special counsel's activities under this Act. The report shall include a description of the progress of any investigation or prosecution conducted by the special counsel and provide information justifying the costs of the activities reported on. SEC. 4. REMOVAL OF SPECIAL COUNSEL. (a) In General.--A special counsel may be removed from office, other than by impeachment and conviction, only by the personal action of the Attorney General, and only for good cause, physical or mental disability, or any other condition that substantially impairs the performance of that special counsel's duties. (b) Report Upon Removal.--If a special counsel is removed from office, the Attorney General shall promptly submit to the Chief Judge and to Congress a report specifying the facts found and the ultimate grounds for the removal. (c) Judicial Review of Removal.--A special counsel removed from office may obtain judicial review of the removal in a civil action. The Chief Judge may not hear or determine any such civil action or any appeal of a decision in any such civil action. The special counsel may be reinstated or granted other appropriate relief by order of the court. (d) Appointment of Replacement.--Upon removal of a special counsel, the Chief Judge shall appoint a similarly qualified individual to continue the functions of the special counsel. SEC. 5. TERMINATION OF SPECIAL COUNSEL'S AUTHORITY. (a) In General.--The authority of the special counsel shall cease two years after the date of the special counsel's appointment, but the Chief Judge may extend that authority for an additional period not to exceed one year, if the Chief Judge finds good cause to do so. Good cause to do so includes that the investigation or prosecution undertaken by the special counsel has been delayed by dilatory tactics by persons who could provide evidence that would significantly assist the investigation or prosecution, and also includes the need to allow the special counsel to participate in any appellate proceedings related to prosecutions engaged in by the special counsel. (b) Termination by Court.--The Chief Judge, either on the judge's own motion or upon the request of the Attorney General, may terminate an office of special counsel at any time, on the ground that the investigation of all matters within the prosecutorial jurisdiction of such special counsel, and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the Department of Justice to complete such investigations and prosecutions. SEC. 6. INCREASE IN PENALTY FOR CONTEMPT OF CONGRESS. Section 102 of the Revised Statutes of the United States (2 U.S.C. 194) is amended by striking ``deemed'' and all that follows through ``twelve months'' and inserting ``fined not more than $1,000,000 or imprisoned not more than 2 years, or both''. SEC. 7. EFFECTIVE DATE. This Act takes effect on January 20, 2009.

Special Criminal Contempt of Congress Procedures Act of 2009 - Establishes alternate procedures for the prosecution of current or former officers or employees of the executive branch found in contempt of Congress for refusal to testify or produce documents in response to a congressional subpoena. Requires the Speaker of the House of Representatives to certify a finding of contempt of Congress to the appropriate U.S. attorney for presentation to a grand jury. Requires the Chief Judge of a U.S. district court to appoint a special counsel to prosecute any contempt case certified by the Speaker if the Attorney General or U.S. attorney to whom a finding of contempt was certified declines to prosecute or a grand jury does not return an indictment within a specified time period. Requires such special counsel to be an attorney in good standing with substantial prosecutorial experience who did not serve in the administration of a President in office when a finding of contempt was certified. Grants full power and independent authority to the special counsel to exercise all prosecutorial functions and powers. Sets forth provisions for the removal of the special counsel and the termination of the special counsel's authority. Increases the penalty for refusal of witnesses to testify or produce papers in response to a congressional subpoena. Makes this Act effective on January 20, 2009.

To provide an alternate procedure for the prosecution of certain criminal contempts referred for prosecution by the House of Representatives, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``National Transportation Safety Board Amendments Act of 1999''. (b) References.--Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of law, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 2. DEFINITIONS. Section 1101 is amended to read as follows: ``Sec. 1101. Definitions ``Section 2101(17a) of title 46 and section 40102(a) of this title apply to this chapter. In this chapter, the term `accident' includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise.''. SEC. 3. AUTHORITY TO ENTER INTO AGREEMENTS. (a) In General.--Section 1113(b)(1)(I) is amended to read as follows: ``(I) negotiate and enter into agreements with private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of technical services or training in accident investigation theory and technique, and require that such entities provide appropriate consideration for the reasonable costs of any goods, services, or training provided by the Board.''. (b) Deposit of Amounts.--Section 1114(a) is amended-- (1) by inserting ``(1)'' before ``Except''; and (2) by adding at the end the following: ``(2) The Board shall deposit in the Treasury amounts received under paragraph (1). Such amounts shall be available to the Board as provided in appropriations Acts.''. SEC. 4. OVERTIME PAY. Section 1113 is amended by adding at the end the following: ``(g) Overtime Pay.-- ``(1) In general.--Subject to the requirements of this section and notwithstanding paragraphs (1) and (2) of section 5542(a) of title 5, for an employee of the Board whose basic pay is at a rate which equals or exceeds the minimum rate of basic pay for GS-10 of the General Schedule, the Board may establish an overtime hourly rate of pay for the employee with respect to work performed at the scene of an accident (including travel to or from the scene) and other work that is critical to an accident investigation in an amount equal to one and one-half times the hourly rate of basic pay of the employee. All of such amount shall be considered to be premium pay. ``(2) Limitation on overtime pay to an employee.--An employee of the Board may not receive overtime pay under paragraph (1), for work performed in a calendar year, in an amount that exceeds 15 percent of the annual rate of basic pay of the employee for such calendar year. ``(3) Limitation on total amount of overtime pay.--The Board may not make overtime payments under paragraph (1), for work performed in a calendar year, in a total amount that exceeds $570,000. ``(4) Basic pay defined.--In this subsection, the term `basic pay' includes any applicable locality-based comparability payment under section 5304 of title 5 (or similar provision of law) and any special rate of pay under section 5305 of title 5 (or similar provision of law). ``(5) Annual report.--Not later than January 31, 2001, and annually thereafter, the Board shall transmit to Congress a report identifying the total amount of overtime payments made under this subsection in the preceding fiscal year and the number of employees whose overtime pay under this subsection was limited in such fiscal year as a result of the 15 percent limit established by paragraph (2).''. SEC. 5. RECORDERS. (a) Cockpit Video Recordings.--Section 1114(c) is amended-- (1) in the subsection heading by striking ``Voice''; (2) in paragraphs (1) and (2) by striking ``cockpit voice recorder'' and inserting ``cockpit voice or video recorder''; and (3) in the second sentence of paragraph (1) by inserting ``or any written depiction of visual information'' after ``transcript''. (b) Surface Vehicle Recordings and Transcripts.-- (1) In general.--Section 1114 is amended-- (A) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (B) by inserting after subsection (c) the following: ``(d) Surface Vehicle Recordings and Transcripts.-- ``(1) Confidentiality of recordings.--The Board may not disclose publicly any part of a surface vehicle voice or video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, related to an accident investigated by the Board. However, the Board shall make public any part of a transcript or any written depiction of visual information that the Board decides is relevant to the accident-- ``(A) if the Board holds a public hearing on the accident, at the time of the hearing; or ``(B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the accident are placed in the public docket. ``(2) References to information in making safety recommendations.--This subsection does not prevent the Board from referring at any time to voice or video recorder information in making safety recommendations.''. (2) Conforming amendment.--The first sentence of section 1114(a) is amended by striking ``and (e)'' and inserting ``(d), and (f)''. (c) Discovery and Use of Cockpit and Surface Vehicle Recordings and Transcripts.-- (1) In general.--Section 1154 is amended-- (A) in the section heading by striking ``cockpit voice and other material'' and inserting ``cockpit and surface vehicle recordings and transcripts''; (B) in subsection (a)-- (i) by striking ``cockpit voice recorder'' each place it appears and inserting ``cockpit or surface vehicle recorder''; (ii) by striking ``section 1114(c)'' each place it appears and inserting ``section 1114(c) or 1114(d)''; and (iii) by adding at the end the following: ``(6) In this subsection-- ``(A) the term `recorder' means a voice or video recorder; and ``(B) the term `transcript' includes any written depiction of visual information obtained from a video recorder.''. (2) Conforming amendment.--The table of sections for chapter 11 is amended by striking the item relating to section 1154 and inserting the following: ``1154. Discovery and use of cockpit and surface vehicle recordings and transcripts.''. (d) Requirements for Installation and Use of Recording Devices.-- Section 329 is amended by adding at the end the following: ``(e) Requirements for Installation and Use of Recording Devices.-- A requirement for the installation and use of an automatic voice, video, or data recording device on an aircraft, vessel, or surface vehicle shall not be construed to be the collection of information for the purpose of any Federal law or regulation, if the requirement-- ``(1) meets a safety need for the automatic recording of realtime voice or data experience that is restricted to a fixed period of the most recent operation of the aircraft, vessel, or surface vehicle; ``(2) does not place a periodic reporting burden on any person; and ``(3) does not necessitate the collection and preservation of data separate from the device.''. SEC. 6. PRIORITY OF INVESTIGATIONS. (a) In General.--Section 1131(a)(2) is amended-- (1) by striking ``(2) An investigation'' and inserting ``(2)(A) Subject to the requirements of this paragraph, an investigation''; and (2) by adding at the end the following: ``(B) If the Attorney General, in consultation with the Chairman of the Board, determines and notifies the Board that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act, the Board shall relinquish investigative priority to the Federal Bureau of Investigation. The relinquishment of investigative priority by the Board shall not otherwise affect the authority of the Board to continue its investigation under this section. ``(C) If a law enforcement agency suspects and notifies the Board that an accident being investigated by the Board under paragraph (1)(A) through (D) may have been caused by an intentional criminal act, the Board, in consultation with the law enforcement agency, shall take necessary actions to ensure that evidence of the criminal act is preserved.''. (b) Revision of 1977 Agreement.--Not later than 1 year after the date of the enactment of this Act, the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act. SEC. 7. PUBLIC AIRCRAFT INVESTIGATION CLARIFICATION. Section 1131(d) is amended by striking ``1134(b)(2)'' and inserting ``1134(a), (b), (d), and (f)''. SEC. 8. AUTHORITY OF THE INSPECTOR GENERAL. (a) In General.--Subchapter III of chapter 11 of subtitle II is amended by adding at the end the following: ``Sec. 1137. Authority of the Inspector General ``(a) In General.--The Inspector General of the Department of Transportation, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial management and business operations of the National Transportation Safety Board, including internal accounting and administrative control systems, to determine compliance with applicable Federal laws, rules, and regulations. ``(b) Duties.--In carrying out this section, the Inspector General shall-- ``(1) keep the Chairman of the Board and Congress fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board; ``(2) issue findings and recommendations for actions to address such problems; and ``(3) report periodically to Congress on any progress made in implementing actions to address such problems. ``(c) Access to Information.--In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). ``(d) Reimbursement.--The Inspector General shall be reimbursed by the Board for the costs associated with carrying out activities under this section.''. (b) Conforming Amendment.--The table of sections for such subchapter is amended by adding at the end the following: ``1137. Authority of the Inspector General.''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. Section 1118(a) is amended to read as follows: ``(a) In General.--There is authorized to be appropriated for the purposes of this chapter $57,000,000 for fiscal year 2000, $65,000,000 for fiscal year 2001, and $72,000,000 for fiscal year 2002. Such sums remain available until expended.''. Passed the House of Representatives September 30, 1999. Attest: JEFF TRANDAHL, Clerk.

(Sec. 3) Grants the National Transportation Safety Board (NTSB) authority to: (1) negotiate and enter into agreements with private entities, Federal, State, and local governments, and foreign governments for the provision of technical services or training in accident investigation theory and technique; and (2) require that such entities provide appropriate consideration for the reasonable costs of any goods, services, or training provided by the NTSB.(Sec. 4) Authorizes the NTSB to pay an employee with basic pay at a rate of GS-10 or above an overtime hourly rate of time-and-a-half for work performed at an accident scene (including travel to or from the scene) and other work critical to an accident investigation. Specifies limits on total NTSB overtime payments in a calendar year.(Sec. 5) Prohibits the NTSB from disclosing publicly any part of a surface vehicle video recorder recording or transcript of oral communications by or among drivers, train employees, or other operating employees responsible for the movement and direction of the vehicle or vessel, or between such operating employees and company communication centers, regarding an accident investigated by the NTSB. Requires the NTSB to make public any part of a transcript or any written depiction of visual information relevant to an accident, provided certain conditions are met. Subjects surface vehicle recordings (voice or video recorder) and transcripts of accidents (written depiction of visual information obtained from a video recorder) to specified requirements for discovery and use in a judicial proceeding.Prescribes requirements for installation and use of recording devices on surface vehicles.(Sec. 6) Requires the NTSB to relinquish investigative priority to the Federal Bureau of Investigation with respect to an accident if the Attorney General determines that circumstances reasonably indicate that such accident may have been caused by an intentional criminal act.(Sec. 8) Limits the Federal law compliance review authority of the Inspector General of the Department of Transportation with respect to the NTSB to its financial management and business operations (including internal accounting and administration control systems).(Sec. 9) Authorizes appropriations.

National Transportation Safety Board Amendments Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water Compliance and Affordability Act''. SEC. 2. INTEGRATED MUNICIPAL STORMWATER AND WASTEWATER APPROACH FRAMEWORK. (a) In General.--In the first 5 fiscal years beginning after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator''), in coordination with appropriate State, local, and regional authorities, shall carry out a pilot program under which the Administrator shall work cooperatively with and facilitate the efforts of eligible municipalities to develop and implement integrated plans to meet wastewater and stormwater obligations of the eligible municipalities under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) in a more cost-effective and flexible manner. (b) Framework.--The Administrator shall carry out the pilot program in a manner that is consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by the Environmental Protection Agency and dated May 2012. (c) Selection of Eligible Municipalities.-- (1) In general.--The Administrator, in consultation with States that have approved National Pollutant Discharge Elimination System programs, shall select not less than 15 eligible municipalities to participate in the pilot program. (2) Eligible municipality.--An eligible municipality is a county, city, town, township, or subdivision of a State or local government that-- (A) qualifies as a National Pollutant Discharge Elimination System permit holder or designee; or (B) is a party to an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (3) Selection factors.-- (A) In general.--In selecting the eligible municipalities to participate in the pilot program, the Administrator shall give priority to-- (i) eligible municipalities that are operating under an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (ii) eligible municipalities that are affected by affordability constraints in planning and implementing control measures to address wet weather discharges from wastewater and stormwater facilities of the eligible municipalities; and (iii) eligible municipalities with a history of knowledgeable, detailed, and comprehensive efforts to develop integrated and adaptive clean water management practices. (B) Use of adaptive management approaches.--In selecting eligible municipalities to participate in the pilot program, the Administrator may give priority to an eligible municipality that is seeking to develop and implement an integrated plan that includes adaptive approaches to account for changed or future uncertain circumstances, including-- (i) the use of new innovative technical or institutional approaches; and (ii) the ability to adapt the integrated plan in response to new regulatory requirements and reductions in financial capability. (d) Approval of Integrated Plans.-- (1) In general.--In approving the integrated plan of an eligible municipality under the pilot program established under subsection (a), the Administrator shall-- (A) account for the financial capability of the eligible municipality to adequately address the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) that apply to the eligible municipality; (B) prioritize the obligations of the eligible municipality under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) according to the most cost-effective and environmentally beneficial outcomes; (C) account for the maintenance, operational, and regulatory obligations of the eligible municipality; and (D) enable the eligible municipality to implement innovative and flexible approaches to meet the obligations of the eligible municipality under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (2) Additional authorities.--In carrying out the pilot program established under subsection (a), the Administrator may, in full coordination and mutual agreement with an eligible municipality selected to participate in the pilot program-- (A) extend the allowable national pollutant discharge elimination system permit term under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) to a maximum of 25 years, and make corresponding changes to any associated implementation schedule; (B) modify the implementation terms of a consent decree entered into by the eligible municipality with the Administrator pursuant to that Act; and (C) provide additional regulatory flexibility under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) in approving and implementing an integrated plan that includes adaptive approaches in order to encourage the innovation integral to such approaches. (e) Report to Congress.--Not later than 1 year after the date of enactment of this Act, and each year thereafter for 5 years, the Administrator shall submit to Congress a report on the results of the pilot program established under subsection (a), including a description of the specific outcomes expected to be achieved that will reduce the costs of complying with the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for-- (1) eligible municipalities participating in the pilot program; and (2) eligible municipalities that are similarly situated but not participating in the pilot program.

Clean Water Compliance and Affordability Act This bill requires the Environmental Protection Agency (EPA) to carry out a pilot program to facilitate the efforts of eligible municipalities to develop and implement integrated plans to meet their wastewater and stormwater obligations under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) in a cost-effective and flexible manner and consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by the EPA in May 2012. The pilot program must facilitate the efforts of at least 15 municipalities. A municipality is eligible to participate in the pilot program if it is: (1) a National Pollutant Discharge Elimination System (NPDES) permit holder or designee; or (2) a party to an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Clean Water Act. The EPA must give priority to municipalities that: (1) are affected by affordability constraints in planning and implementing control measures addressing wet weather discharges from wastewater and stormwater facilities; and (2) have a history of knowledgeable, detailed, and comprehensive efforts to develop integrated and adaptive clean water management practices. The EPA may give priority to municipalities seeking to develop and implement an integrated plan that includes approaches that adapt to changed or future uncertain circumstances. With the mutual agreement of participating municipalities, the EPA may: (1) extend the allowable NPDES permit term by up to 25 years, (2) modify the implementation terms of a consent decree, and (3) provide additional regulatory flexibility in approving and implementing an integrated plan that includes adaptive approaches.

Clean Water Compliance and Affordability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Competition in Foreign Commerce Act of 1999''. SEC. 2. FINDINGS AND STATEMENT OF PURPOSE. (a) Findings.--Congress finds that-- (1) The United States makes substantial contributions and provides significant funding for major international development projects through the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter- American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the North American Development Bank, the African Development Fund, and other multilateral lending institutions. (2) These international development projects are often plagued with fraud, corruption, waste, inefficiency, and misuse of funding. (3) Fraud, corruption, waste, inefficiency, misuse, and abuse are major impediments to competition in foreign commerce throughout the world. (4) Identifying these impediments after they occur is inadequate and meaningless. (5) Detection of impediments before they occur helps to ensure that valuable United States resources contributed to important international development projects are used appropriately. (6) Independent third-party procurement monitoring is an important tool for detecting and preventing such impediments. (7) Third-party procurement monitoring includes evaluations of each stage of the procurement process and assures the openness and transparency of the process. (8) Improving transparency and openness in the procurement process helps to minimize fraud, corruption, waste, inefficiency, and other misuse of funding, and promotes competition, thereby strengthening international trade and foreign commerce. (b) Purpose.--The purpose of this Act is to build on the excellent progress associated with the Organization on Economic Development and Cooperation Agreement on Bribery and Corruption, by requiring the use of independent third-party procurement monitoring as part of the United States participation in multilateral development banks and other lending institutions and in the disbursement of nonhumanitarian foreign assistance funds. SEC. 3. DEFINITIONS. (a) Definitions.--In this Act: (1) Appropriate committees.--The term ``appropriate committees'' means the Committee on Commerce, Science, and Technology of the Senate and the Committee on Commerce of the House of Representatives. (2) Independent third-party procurement monitoring.--The term ``independent third-party procurement monitoring'' means a program to-- (A) eliminate bias, (B) promote transparency and open competition, and (C) minimize fraud, corruption, waste, inefficiency, and other misuse of funds, in international procurement through independent evaluation of the technical, financial, economic, and legal aspects of the procurement process. (3) Independent.--The term ``independent'' means that the person monitoring the procurement process does not render any paid services to private industry and is neither owned nor controlled by any government or government agency. (4) Each stage of procurement.--The term ``each stage of procurement'' means the development and issuance of technical specifications, bidding documents, evaluation reports, contract preparation, and the delivery of goods and services. (5) Multilateral development banks and other lending institutions.--The term ``multilateral development banks and other lending institutions'' means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter- American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the North American Development Bank, and the African Development Fund. SEC. 4. REQUIREMENTS FOR FAIR COMPETITION IN FOREIGN COMMERCE. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall transmit to the President and to appropriate committees of Congress a strategic plan for requiring the use of independent third-party procurement monitoring and other international procurement reforms relating to the United States participation in multilateral development banks and other lending institutions. (b) Strategic Plan.--The strategic plan shall include an instruction by the Secretary of the Treasury to the United States Executive Director of each multilateral development bank and lending institution to use the voice and vote of the United States to oppose the use of funds appropriated or made available by the United States for any non-humanitarian assistance, until-- (1) the recipient international financial institution has adopted an anticorruption plan that requires the use of independent third-party procurement monitoring services and ensures openness and transparency in government procurement; and (2) the recipient country institutes specific strategies for minimizing corruption and maximizing transparency in each stage of the procurement process. (c) Annual Reports.--Not later than June 29 of each year, the Secretary of the Treasury shall report to Congress on the progress in implementing procurement reforms made by each multilateral development bank and lending institution and each country that received assistance from a multilateral development bank or lending institution during the preceding year. (d) Restrictions on Assistance.--Notwithstanding any other provision of law, no funds appropriated or made available for nonhumanitarian foreign assistance programs, including the activities of the Agency for International Development, may be expended for those programs unless the recipient country, multilateral development bank or lending institution has demonstrated that-- (1) procurement practices are open, transparent, and free of corruption, fraud, inefficiency, and other misuse, and (2) independent third-party procurement monitoring has been adopted and is being used by the recipient. SEC. 5. EXCEPTIONS. (a) National Security Interest.--Section 4 shall not apply with respect to a country if the President determines with such respect to such country that making funds available is important to the national security interest of the United States. Any such determination shall cease to be effective 6 months after being made unless the President determines that its continuation is important to the national security interest of the United States. (b) Other Exceptions.--Section 4 shall not apply with respect to assistance to-- (1) meet urgent humanitarian needs (including providing food, medicine, disaster, and refugee relief); (2) facilitate democratic political reform and rule of law activities; (3) create private sector and nongovernmental organizations that are independent of government control; and (4) facilitate development of a free market economic system.

Prohibits the use of funds for nonhumanitarian foreign assistance programs (including Agency for International Development (AID) activities) unless the recipient country, multilateral development bank or lending institution has demonstrated that: (1) procurement practices are open, transparent, and free of corruption, fraud, inefficiency, and other misuse; and (2) the recipient has adopted and is using independent third-party procurement monitoring. Specifies exceptions to the requirements of this Act.

Fair Competition in Foreign Commerce Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Tuberculosis Elimination Act of 2001''. TITLE I--INTERAGENCY COLLABORATION SEC. 101. COMMITTEE ON INTERAGENCY COLLABORATION FOR TUBERCULOSIS ELIMINATION. (a) In General.--The Secretary of Health and Human Services shall provide for the ongoing operation of a committee to be known as the Committee on Interagency Collaboration for Tuberculosis Elimination. (b) Duties.-- (1) In general.--For the purpose of making progress toward the goal of eliminating tuberculosis, the Committee shall provide to the Secretary and other appropriate Federal officials advice on coordinating the activities of the Public Health Service and other Federal agencies that relate to such disease and on efficiently utilizing the Federal resources involved. In carrying out this subsection, the Committee shall consider the recommendations of the Institute of Medicine regarding the elimination of tuberculosis. (2) National plan.--In carrying out paragraph (1), the Committee, in consultation with appropriate public and private entities, shall make recommendations on the development and implementation of a national plan that, with respect to tuberculosis, provides for training and education for health care workers, persons with or at-risk of such disease, and the general public. (3) Global activities.--In carrying out paragraph (1), the Committee, in consultation with appropriate public and private entities, shall make recommendations for the development and implementation of a plan to guide the involvement of the United States in global tuberculosis-control activities, including recommendations regarding policies, strategies, objectives, and priorities. Such recommendations for the plan shall have a focus on high-burden countries and on access to directly observed treatment, short course (commonly known as DOTS). (c) Composition.--The Committee shall be composed of-- (1) representatives from the Centers for Disease Control and Prevention, the National Institutes of Health, the Agency for Healthcare Research and Quality, and all other Federal departments and agencies that carry out activities relating to tuberculosis; and (2) members appointed from among individuals who are not officers or employees of the Federal Government. (d) Definitions.--For purposes of this section: (1) The term ``Committee'' means the Committee on Interagency Collaboration for Tuberculosis Elimination. (2) The term ``Secretary'' means the Secretary of Health and Human Services. TITLE II--CENTERS FOR DISEASE CONTROL AND PREVENTION SEC. 201. NATIONAL PROGRAM FOR TUBERCULOSIS ELIMINATION. Section 317E of the Public Health Service Act (42 U.S.C. 247b-6) is amended-- (1) by striking the heading for the section and inserting the following: ``national program for tuberculosis elimination''; (2) by amending subsection (b) to read as follows: ``(b) Research, Demonstration Projects, Education, and Training.-- With respect to the prevention, control, and elimination of tuberculosis, the Secretary may, directly or through grants to public or nonprofit private entities, carry out the following: ``(1) Research, with priority given to research concerning-- ``(A) diagnosis and treatment of latent infection of tuberculosis; ``(B) strains of tuberculosis resistant to drugs; ``(C) cases of tuberculosis that affect certain populations; and ``(D) clinical trials, including a tuberculosis trials consortium. ``(2) Demonstration projects for-- ``(A) the development of regional capabilities for the prevention, control, and elimination of tuberculosis; and ``(B) collaboration with the Immigration and Naturalization Service to identify and treat immigrants with active or latent tuberculosis infection. ``(3) Public information and education programs. ``(4) Education, training and clinical skills improvement activities for health professionals, including allied health personnel. ``(5) Support of model centers to carry out activities under paragraphs (1) through (4). ``(6) Collaboration with international organizations and foreign countries in carrying out such activities, including coordinating activities through the Committee on Interagency Collaboration for Tuberculosis Elimination.''; (3) in subsection (f), by adding at the end the following: ``(4) Annual reports.--The Council shall annually submit to the Congress and the Secretary a report on the activities carried out under this subsection. The report shall include the opinion of the Council on the extent to which the recommendations of the Institute of Medicine regarding tuberculosis have been implemented.''; and (4) by amending subsection (g) to read as follows: ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $528,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006.''. TITLE III--NATIONAL INSTITUTES OF HEALTH SEC. 301. ACTIVITIES OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE. Subpart 2 of part C of title IV of the Public Health Service Act (42 U.S.C. 285b et seq.) is amended by inserting after section 424B the following section: ``tuberculosis ``Sec. 424C. (a) In General.--The Director of the Institute shall expand, intensify, and coordinate research and related activities of the Institute with respect to tuberculosis, including activities toward the goal of eliminating such disease. ``(b) Certain Activities.--Activities under subsection (a) shall include-- ``(1) enhancing basic and clinical research on tuberculosis; and ``(2) expanding research on the relationship between such disease and the human immunodeficiency virus. ``(c) Research Education.-- ``(1) Tuberculosis academic awards.--The Director of the Institute may provide awards to faculty of schools of medicine or osteopathic medicine to assist such faculty in developing high quality curricula in such schools designed to significantly increase the opportunities for interested individuals, including students of the school and practicing physicians and nurses, to learn the principles and practices of preventing, managing, and controlling tuberculosis. ``(2) Tuberculosis/pulmonary infection awards.--The Director of the Institute may provide awards to support the career development of clinically trained professionals who are committed to research regarding pulmonary infections and tuberculosis by providing for supervised study and research. ``(3) Authorization of appropriations.-- ``(A) Tuberculosis academic awards.--For the purpose of carrying out paragraph (1), there are authorized to be appropriated $5,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006. ``(B) Tuberculosis/pulmonary infection awards.--For the purpose of carrying out paragraph (2), there are authorized to be appropriated $5,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006.''. SEC. 302. ACTIVITIES OF NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES. Section 447A of the Public Health Service Act (42 U.S.C. 285f-2) is amended-- (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following subsection: ``(b) Activities under subsection (a) shall include activities to develop a tuberculosis vaccine. Such activities shall be carried out in accordance with the blueprint for tuberculosis vaccine development described in the report prepared pursuant to the workshop convened in March 1998 by the Advisory Council for Elimination of Tuberculosis, the Director of the National Vaccine Program, and the Director of the Institute.''; and (3) in subsection (c) (as so redesignated), in the first sentence-- (A) by striking ``and'' after ``1994,''; and (B) by inserting before the period the following: ``, $240,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006''. SEC. 303. JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY IN THE HEALTH SCIENCES. Section 482 of the Public Health Service Act (42 U.S.C. 287b) is amended-- (1) by inserting ``(a) In General.--'' before ``The general purpose''; (2) in subsection (a) (as so designated), by inserting after ``Health Sciences'' the following: ``(in this subpart referred to as the `Center')''; and (3) by adding at the end the following subsection: ``(b) Tuberculosis.-- ``(1) In general.--In carrying out subsection (a) with respect to tuberculosis, the Center shall expand, intensify, and coordinate international activities of the Center for research and training. ``(2) International training program.--In carrying out paragraph (1), the Center shall carry out an international training program regarding tuberculosis. Such program shall be modeled after the international training program carried out by the Center with respect to the human immunodeficiency virus.''. SEC. 304. LOAN REPAYMENT PROGRAMS REGARDING RESEARCH ON TUBERCULOSIS. Part G of title IV of the Public Health Service Act (42 U.S.C. 288 et seq.) is amended-- (1) by redesignating the second section 487F as section 487G; and (2) by inserting after section 487G (as so redesignated) the following section: ``loan repayments regarding research on tuberculosis ``Sec. 487H. In carrying out sections 487C, 487E, and 487F, the Secretary shall seek to ensure that, for fiscal year 2002 and subsequent fiscal years, a portion of amounts appropriated to carry out such sections is reserved for the purpose of entering into contracts under which (in accordance with the section involved) individuals will conduct research on tuberculosis.''.

Comprehensive Tuberculosis Elimination Act of 2001 - Amends the Public Health Service Act to provide for the ongoing operation of a committee to be known as the Committee on Interagency Collaboration for Tuberculosis Elimination. Requires the Committee to: (1) provide advice on coordinating the activities of the Public Health Service and other Federal agencies that relate to such disease and on efficiently utilizing Federal resources; (2) make recommendations on the development and implementation of a national plan; and (3) make recommendations for the development and implementation of a plan to guide the involvement of the United States in global tuberculosis-control activities.Revises provisions concerning preventive health services regarding tuberculosis by: (1) renaming such provisions national program for tuberculosis elimination; (2) revising the authorities of the Secretary of Health and Human Services under such provisions; and (3) authorizing appropriations through FY 2006.Revises provisions concerning tuberculosis with respect to the activities of the: (1) National Heart, Lung, and Blood Institute; (2) National Institute of Allergy and Infectious Diseases; and (3) the John E. Fogarty International Center for Advanced Study in the Health Sciences.

To amend the Public Health Service Act with respect to making progress toward the goal of eliminating tuberculosis, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Missile Proliferation Sanctions Act of 1997''. SEC. 2. REPORTS ON MISSILE PROLIFERATION TO IRAN. (a) Reports.--Except as provided in subsection (c), the President shall, at the times specified in subsection (b), submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report identifying every foreign person with respect to whom there is credible information indicating that that person, on or after August 8, 1995-- (1)(A) transferred items on the MTCR Annex, or items that the United States proposes for addition to the MTCR Annex, that contributed to Iran's efforts to acquire, develop, or produce ballistic missiles, or (B) provided technical assistance or facilities which the President deems to be of concern because of their direct contribution to Iran's efforts to acquire, develop, or produce ballistic missiles; or (2)(A) attempted to transfer items on the MTCR Annex, or items that the United States proposes for addition to the MTCR Annex, that would have contributed to Iran's efforts to acquire, develop, or produce ballistic missiles, or (B) attempted to provide technical assistance or facilities which the President deems to be of concern because of their direct contribution to Iran's efforts to acquire, develop, or produce ballistic missiles. (b) Timing of Reports.--The reports under subsection (a) shall be submitted not later than 30 days after the date of the enactment of this Act, not later than 180 days after such date of enactment, not later than 1 year after such date of enactment, and not later than the end of each 1-year period thereafter. (c) Exceptions.--Any foreign person who-- (1) was identified in a previous report submitted under subsection (a) on account of a particular transfer, transaction, or attempt, (2) has engaged in a transfer or transaction that was the basis for the imposition of sanctions with respect to that person under section 73 of the Arms Export Control Act or section 1604 of the Iran-Iraq Arms Non-Proliferation Act of 1992, (3) may have engaged in a transfer or transaction, or made an attempt, that was the subject of a waiver under section 4, or (4) has engaged in a transfer or transaction, or made an attempt, on behalf of, or in concert with, the Government of the United States, is not required to be identified on account of that same transfer, transaction, or attempt in any report submitted thereafter under this section. (d) Submission in Classified Form.--When the President considers it appropriate, reports submitted under subsection (a), or appropriate parts thereof, may be submitted in classified form. SEC. 3. IMPOSITION OF SANCTIONS. (a) Requirement To Impose Sanctions.-- (1) Requirement to impose sanctions.--The sanctions described in subsection (b) shall be imposed on-- (A) any foreign person identified under subsection (a)(1) of section 2 in a report submitted under that section, and (B) any foreign person identified under subsection (a)(2) of section 2 in a report submitted under that section, if that person has been identified in that report or a previous report as having made at least 1 other attempt described in subsection (a)(2) of that section. (2) Effective date of sanctions.--The sanctions shall be effective-- (A) 30 days after the report triggering the sanction is submitted, if the report is submitted on or before the date required by section 2(b); (B) 30 days after the date required by section 2(b) for submitting the report, if the report triggering the sanction is submitted within 30 days after that date; and (C) on the date that the report triggering the sanction is submitted, if that report is submitted more than 30 days after the date required by section 2(b). (b) Description of Sanctions.--The sanctions referred to in subsection (a) that are to be imposed on a foreign person described in that subsection are the following: (1) Arms export sanction.--For a period of not less than 2 years, the United States Government shall not sell to that person any item on the United States Munitions List as in effect on August 8, 1995, and shall terminate sales to that person of any defense articles, defense services, or design and construction services under the Arms Export Control Act. (2) Dual use sanction.--For a period of not less than 2 years, the authorities of section 6 of the Export Administration Act of 1979 shall be used to prohibit the export to that person of any goods or technology on the control list established under section 5(c)(1) of that Act. (3) United states assistance.--For a period of not less than 2 years, the United States Government shall not provide any assistance in the form of grants, loans, credits, guarantees, or otherwise, to that person. SEC. 4. WAIVER ON BASIS OF ADDITIONAL INFORMATION. (a) In General.--The President may waive the imposition of any sanction that would otherwise be required under section 3 on any foreign person 15 days after the President determines and reports to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that, on the basis of information provided by that person, or otherwise obtained by the President, the President is persuaded that the person did not, on or after August 8, 1995-- (1)(A) transfer items on the MTCR Annex, or items that the United States proposes for addition to the MTCR Annex, that contributed to Iran's efforts to acquire, develop, or produce ballistic missiles, or (B) provide technical assistance or facilities which the President deems to be of concern because of their direct contribution to Iran's efforts to acquire, develop, or produce ballistic missiles; or (2) attempt on more than one occasion-- (A) to transfer items on the MTCR Annex, or items that the United States proposes for addition to the MTCR Annex, that would have contributed to Iran's efforts to acquire, develop, or produce ballistic missiles, or (B) to provide technical assistance or facilities described in paragraph (1)(B). (b) Written Justification.--The determination and report of the President under subsection (a) shall include a written justification describing in detail-- (1) the credible information indicating that the person-- (A) transferred items described in section 2(a)(1)(A), or provided technical assistance or facilities described in section 2(a)(1)(B); or (B) attempted to transfer items described in section 2(a)(1)(A), or attempted to provide technical assistance or facilities described in section 2(a)(1)(B); (2) the additional information which persuaded the President that the person did not-- (A) transfer items described in section 2(a)(1)(A), or provide technical assistance or facilities described in section 2(a)(1)(B); or (B) attempt to transfer items described in section 2(a)(1)(A), or attempt to provide technical assistance or facilities described in section 2(a)(1)(B); and (3) the analysis of the information supporting the President's conclusion. (c) Submission in Classified Form.--When the President considers it appropriate, the determination and report of the President under subsection (a) and the written justification under subsection (b), or appropriate parts thereof, may be submitted in classified form. SEC. 5. WAIVER ON BASIS OF NATIONAL SECURITY. (a) In General.--The President may waive the imposition of any sanction that would otherwise be required under section 3 on any foreign person 15 days after the President determines and reports to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that such waiver is essential to the national security of the United States. (b) Written Justification.--The determination and report of the President under subsection (a) shall include a written justification describing in detail the facts and circumstances supporting the President's conclusion. (c) Submission in Classified Form.--When the President considers it appropriate, the determination and report of the President under subsection (a) and the written justification under subsection (b), or appropriate parts thereof, may be submitted in classified form. SEC. 6. ADDITIONAL INFORMATION REGARDING ACTIONS BY GOVERNMENT OF PRIMARY JURISDICTION. As part of each report submitted under section 2, the President shall include the following information with respect to each foreign person identified in that report: (1) A statement regarding whether the government of primary jurisdiction over that person was aware of the activities that were the basis for the identification of that person in the report. (2) If the government of primary jurisdiction was not aware of the activities that were the basis for the identification of that person in the report, an explanation of the reasons why the United States Government did not inform that government of those activities. (3) If the government of primary jurisdiction was aware of the activities that were the basis for the identification of that person in the report, a description of the efforts, if any, undertaken by that government to prevent those activities, and an assessment of the effectiveness of those efforts, including an explanation of why those efforts failed. (4) If the government of primary jurisdiction was aware of the activities that were the basis for the identification of that person in the report and failed to undertake effective efforts to prevent those activities, a description of any sanctions that have been imposed on that government by the United States Government because of such failure. SEC. 7. PURCHASE OF WEAPONS TECHNOLOGY. (a) Sense of the Congress.--It is the sense of the Congress that the President should exercise the authority granted to him under section 504 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5854)-- (1) to prevent the transfer of weapons-related material and delivery systems to Iran through the purchase, barter, or other acquisition of such material and delivery systems; and (2) to prevent the transfer to Iran of scientific and technical expertise with respect to such weapons-related material and delivery systems. (b) Availability of Amounts.--Amounts hereafter made available, subject to the availability of appropriations, to carry out chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.; relating to assistance for the independent states of the former Soviet Union) may be used to carry out subsection (a). SEC. 8. DEFINITIONS. For the purposes of this Act-- (1) the terms ``foreign person'' and ``person'' mean-- (A) a natural person that is an alien; (B) a corporation, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, that is organized under the laws of a foreign country or has its principal place of business in a foreign country; (C) any foreign governmental entity operating as a business enterprise; and (D) any successor or subsidiary of any entity described in subparagraph (B) or (C); (2) the term ``government of primary jurisdiction'' means-- (A) in the case of a natural person, the foreign government of the country of which the person is a citizen or national; (B) in the case of an entity described in subparagraph (B) of paragraph (1), the foreign government of the country in which the entity has its principal place of business, or the foreign government under whose laws that entity is organized; and (C) in the case of a foreign governmental entity described in subparagraph (C) of paragraph (1), the foreign government of which that entity is a part; and (3) the term ``MTCR Annex'' has the meaning given that term in section 11B(c)(4) of the Export Administration Act of 1979 (50 U.S.C. 2410b(c)(4)).

Iran Missile Proliferation Sanctions Act of 1997 - Directs the President to report periodically to specified congressional committees on foreign persons who, on or after August 8, 1995, have transferred, or attempted to transfer, controlled goods or technology, or provided, or attempted to provide, technical assistance or facilities that contributed, or would have contributed, to Iran's efforts to acquire, develop, or produce ballistic missiles. Excludes from identification in such reports any such persons who were previously identified or sanctioned, who are subject to a waiver, or who have acted on behalf of, or in concert with, the United States. Requires imposition on such persons of minimum two-year sanctions prohibiting: (1) sales to such persons of items on the United States Munitions List (and terminating sales of any controlled U.S. arms); (2) the export to such persons of dual use goods and technology; and (3) the provision of U.S. financial assistance. Authorizes the President to waive such sanctions on the basis of U.S. national security or additional information demonstrating that the sanctioned person did not commit the acts alleged. Expresses the sense of the Congress that the President should exercise the authority granted to him under the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 to prevent: (1) the transfer through purchase, barter, or other acquisition of weapons-related material and delivery systems to Iran; and (2) the transfer to Iran of scientific and technical expertise with respect to such material and systems. Authorizes the use of certain assistance, otherwise available for the independent states of the former Soviet Union under the Foreign Assistance Act of 1961, to prevent such transfers.

Iran Missile Proliferation Sanctions Act of 1997

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Indian Health Care Improvement Technical Corrections Act of 1996''. (b) References.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Indian Health Care Improvement Act. SEC. 2. TECHNICAL CORRECTIONS IN THE INDIAN HEALTH CARE IMPROVEMENT ACT. (a) Definition of Health Profession.--Section 4(n) (25 U.S.C. 1603(n)) is amended-- (1) by inserting ``allopathic medicine,'' before ``family medicine''; and (2) by striking ``and allied health professions'' and inserting ``an allied health profession, or any other health profession''. (b) Indian Health Professions Scholarships.--Section 104(b) of the Indian Health Care Improvement Act (25 U.S.C. 1613a(b)) is amended-- (1) in paragraph (3)-- (A) in subparagraph (A)-- (i) by striking the matter preceding clause (i) and inserting the following: ``(3)(A) The active duty service obligation under a written contract with the Secretary under section 338A of the Public Health Service Act (42 U.S.C. 254l) that an individual has entered into under that section shall, if that individual is a recipient of an Indian Health Scholarship, be met in full-time practice, by service--''; (ii) by striking ``or'' at the end of clause (iii); (iii) by striking the period at the end of clause (iv) and inserting ``; or''; and (iv) by adding at the end the following new clause: ``(v) in an academic setting (including a program that receives funding under section 102, 112, or 114, or any other academic setting that the Secretary, acting through the Service, determines to be appropriate for the purposes of this clause) in which the major duties and responsibilities of the recipient are the recruitment and training of Indian health professionals in the discipline of that recipient in a manner consistent with the purpose of this title, as specified in section 101.''; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) At the request of any individual who has entered into a contract referred to in subparagraph (A) and who receives a degree in medicine (including osteopathic or allopathic medicine), dentistry, optometry, podiatry, or pharmacy, the Secretary shall defer the active duty service obligation of that individual under that contract, in order that such individual may complete any internship, residency, or other advanced clinical training that is required for the practice of that health profession, for an appropriate period (in years, as determined by the Secretary), subject to the following conditions: ``(i) No period of internship, residency, or other advanced clinical training shall be counted as satisfying any period of obligated service that is required under this section. ``(ii) The active duty service obligation of that individual shall commence not later than 90 days after the completion of that advanced clinical training (or by a date specified by the Secretary). ``(iii) The active duty service obligation will be served in the health profession of that individual, in a manner consistent with clauses (i) through (v) of subparagraph (A).''; (D) in subparagraph (C), as so redesignated, by striking ``prescribed under section 338C of the Public Health Service Act (42 U.S.C. 254m) by service in a program specified in subparagraph (A)'' and inserting ``described in subparagraph (A) by service in a program specified in that subparagraph''; and (E) in subparagraph (D), as so redesignated-- (i) by striking ``Subject to subparagraph (B),'' and inserting ``Subject to subparagraph (C),''; and (ii) by striking ``prescribed under section 338C of the Public Health Service Act (42 U.S.C. 254m)'' and inserting ``described in subparagraph (A)''; (2) in paragraph (4)-- (A) in subparagraph (B), by striking the matter preceding clause (i) and inserting the following: ``(B) the period of obligated service described in paragraph (3)(A) shall be equal to the greater of--''; and (B) in subparagraph (C), by striking ``(42 U.S.C. 254m(g)(1)(B))'' and inserting ``(42 U.S.C. 254l(g)(1)(B))''; and (3) in paragraph (5), by adding at the end the following new subparagraphs: ``(C) Upon the death of an individual who receives an Indian Health Scholarship, any obligation of that individual for service or payment that relates to that scholarship shall be canceled. ``(D) The Secretary shall provide for the partial or total waiver or suspension of any obligation of service or payment of a recipient of an Indian Health Scholarship if the Secretary determines that-- ``(i) it is not possible for the recipient to meet that obligation or make that payment; ``(ii) requiring that recipient to meet that obligation or make that payment would result in extreme hardship to the recipient; or ``(iii) the enforcement of the requirement to meet the obligation or make the payment would be unconscionable. ``(E) Notwithstanding any other provision of law, in any case of extreme hardship or for other good cause shown, the Secretary may waive, in whole or in part, the right of the United States to recover funds made available under this section. ``(F) Notwithstanding any other provision of law, with respect to a recipient of an Indian Health Scholarship, no obligation for payment may be released by a discharge in bankruptcy under title 11, United States Code, unless that discharge is granted after the expiration of the 5-year period beginning on the initial date on which that payment is due, and only if the bankruptcy court finds that the nondischarge of the obligation would be unconscionable.''. (c) Reimbursement From Certain Third Parties of Costs of Health Services.--Section 206 (16 U.S.C. 1621e) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``Except as provided'' and inserting ``(a) Right of Recovery.--Except as provided''; (ii) by striking ``the reasonable expenses incurred'' and inserting ``the reasonable charges billed''; (iii) by striking ``in providing'' and inserting ``for providing''; and (iv) by striking ``for such expenses'' and inserting ``for such charges''; and (B) in paragraph (2), by striking ``such expenses'' each place it appears and inserting ``such charges''; (2) in subsection (b), by striking ``(b) Subsection (a)'' and inserting ``(b) Recovery Against State With Workers' Compensation Laws or No-Fault Automobile Accident Insurance Program.--Subsection (a)''; (3) in subsection (c), by striking ``(c) No law'' and inserting ``(c) Prohibition of State Law or Contract Provision Impediment to Right of Recovery.--No law''; (4) in subsection (d), by striking ``(d) No action'' and inserting ``(d) Right to Damages.--No action''; (5) in subsection (e)-- (A) in the matter preceding paragraph (1), by striking ``(e) The United States'' and inserting ``(e) Intervention or Separate Civil Action.--The United States''; and (B) by striking paragraph (2) and inserting the following new paragraph: ``(2) while making all reasonable efforts to provide notice of the action to the individual to whom health services are provided prior to the filing of the action, instituting a civil action.''; (6) in subsection (f), by striking ``(f) The United States'' and inserting ``(f) Services Covered Under a Self- Insurance Plan.--The United States''; and (7) by adding at the end the following new subsections: ``(g) Costs of Action.--In any action brought to enforce this section, the court shall award any prevailing plaintiff costs, including attorneys' fees that were reasonably incurred in that action. ``(h) Right of Recovery for Failure To Provide Reasonable Assurances.--The United States, an Indian tribe, or a tribal organization shall have the right to recover damages against any fiduciary of an insurance company or employee benefit plan that is a provider referred to in subsection (a) who-- ``(1) fails to provide reasonable assurances that such insurance company or employee benefit plan has funds that are sufficient to pay all benefits owed by that insurance company or employee benefit plan in its capacity as such a provider; or ``(2) otherwise hinders or prevents recovery under subsection (a), including hindering the pursuit of any claim for a remedy that may be asserted by a beneficiary or participant covered under subsection (a) under any other applicable Federal or State law.''. (d) California Contract Health Services Demonstration Program.-- Section 211(g) (25 U.S.C. 1621j(g)) is amended by striking ``1993, 1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''. (e) Medicare and Medicaid Demonstration Program.--Section 405(c) (25 U.S.C. 1645(c)) is amended-- (1) in paragraph (1)(D), by striking ``prior to October 1, 1990'' and inserting ``on or before the date which is 1 year after the date of submission of the plan''; and (2) in paragraph (2)-- (A) by striking ``, prior to October 1, 1989, select no more than 4'' and inserting ``select no more than 12''; and (B) by striking ``September 30, 1996'' and inserting ``September 30, 2000''. (f) Gallup Alcohol and Substance Abuse Treatment Center.--Section 706(d) (25 U.S.C. 1665e(d)) is amended to read as follows: ``(d) Authorization of Appropriations.--There are authorized to be appropriated, for each of fiscal years 1996 through 2000, such sums as may be necessary to carry out subsection (b).''. (g) Substance Abuse Counselor Education Demonstration Program.-- Section 711(h) (25 U.S.C. 1665j(h)) is amended by striking ``1993, 1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''. (h) Home and Community-Based Care Demonstration Program.--Section 821(i) (25 U.S.C. 1680k(i)) is amended by striking ``1993, 1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''.

Indian Health Care Improvement Technical Corrections Act of 1996 - Makes technical corrections to the Indian Health Care Improvement Act, including revisions concerning: (1) the deferral of a health professional's active duty service obligation; and (2) the right of recovery against an insurance company for failure to provide reasonable assurances. Authorizes appropriations through FY 2000 for the: (1) California Contract Health Services Demonstration Program; (2) Medicare and Medicaid Demonstration Program; (3) Gallup Alcohol and Substance Abuse Center; (4) Substance Abuse Counselor Education Demonstration Program; and (5) Home and Community-Based Care Demonstration Program.

Indian Health Care Improvement Technical Corrections Act of 1996

SECTION 1. FINDINGS. Congress makes the following findings: (1) The international traffic in illicit drugs, particularly along the Southwest Border, poses a serious threat to the national security of the United States and to every nation where the production, transit, or consumption of such drugs occurs. (2) The United States considers combating international drug cartels to be one of its highest national security and foreign policy priorities. (3) In order to reduce and eliminate the illicit drug trade, the United States and countries where substantial production or transit of such drugs occurs must cooperate to eradicate and interdict supplies of such drugs and to penetrate the operations of major drug traffickers. (4) It is in the national interest that the President explore all possible mechanisms, including bilateral agreements and other plans on counternarcotics matters, in order to facilitate cooperation in joint counternarcotics programs and to better assist other governments in developing effective counternarcotics programs within their territories. (5) The bilateral agreements and other plans on counternarcotics matters to which the United States is a party should establish concrete and measurable goals with transparent benchmarks for measuring progress in the achievement of such goals. SEC. 2. INAPPLICABILITY OF ANNUAL DRUG CERTIFICATION PROCEDURES TO CERTAIN COUNTRIES COVERED BY BILATERAL COUNTERDRUG AGREEMENTS AND PLANS WITH THE UNITED STATES. (a) In General.--Section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is amended by adding at the end the following: ``(i) Inapplicability to Certain Countries Having Bilateral Counterdrug Agreements and Plans With the United States.-- ``(1) Inapplicability.--Subsections (a) through (g) shall not apply in a fiscal year to a country to which such subsections would otherwise apply in that fiscal year if the President determines, not later than December 31 of that fiscal year and after consultation with the Secretary of State, the Secretary of the Treasury, the Attorney General, the Director of the Office of National Drug Control Policy, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, the Commissioner of Immigration and Naturalization, and the Commissioner of Customs, that-- ``(A) the country is a party to a bilateral agreement and other plans with the United States, which agreement and plans together-- ``(i) are consistent with the goals and objectives established by international agreements on the illicit trafficking and abuse of narcotics and psychotropic drugs to which the United States and the country are parties; ``(ii) address issues relating to the control of illicit drugs, including production, distribution, and interdiction, demand reduction, the activities of criminal organizations, cooperation among law enforcement agencies (including the exchange of information and evidence), extradition of individuals involved in drug-related criminal activity, border security, money laundering, firearms trafficking, corruption, control of chemicals, asset forfeiture, and training and technical assistance; and ``(iii) include timetables and objective and measurable standards to assess the progress made by both countries with respect to such issues; and ``(B) progress is being made in accordance with the agreement and plans with respect to the control of illicit drugs. ``(2) Reports.--Not later than December 31 and June 30 of a fiscal year, the President shall submit to Congress a report on the progress made with respect to the control of illicit drugs by each country determined to be covered by paragraph (1) for that fiscal year.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to the withholding of bilateral assistance and opposition to multilateral assistance under section 490 of the Foreign Assistance Act of 1961 for fiscal years after fiscal year 1999.

Amends the Foreign Assistance Act of 1961 to declare that certain annual certifications made to Congress that allow a major drug-transit country or major illicit drug producing country to expend withheld bilateral assistance and multilateral development assistance provided certain conditions are met shall not apply to such countries if the President determines that: (1) such countries are a party to a bilateral agreement that calls for the control of illicit drugs; and (2) progress is being made in accordance with the agreement with respect to the control of illicit drugs.

A bill to provide that the annual drug certification procedures under the Foreign Assistance Act of 1961 not apply to certain countries with which the United States has bilateral agreements and other plans relating to counterdrug activities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teri Zenner Social Worker Safety Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the Occupational Safety and Health Administration, some 2 million American workers are victims of job-related violence each year. (2) On August 17, 2004, Teri Zenner, a social worker and case manager with Johnson County Mental Health Center, was stabbed and killed during a routine, in-home visit with a client. (3) Based on OSHA's most recently published ``Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers'', 48 percent of all non-fatal injuries from occupational assaults and violent acts occurred in the fields of health care and social services. (4) A major study by the American Federation of State, County, and Municipal Employees, found that 70 percent of front-line child welfare workers had been victims of violence or threats in the line of duty. A review of the 585 exit interviews found that 90 percent of former child welfare workers experienced verbal threats, 30 percent experienced physical attacks, and 13 percent had been threatened with weapons. (5) Based on 2000 Bureau of Labor Statistics findings, social service workers in the public sector, including social workers and case workers, are approximately 7 times more likely to be the victims of violent assaults while at work than are workers in the private sector. (6) States such as California, New Jersey, and Washington, and the National Association of Social Workers, have all developed various safety programs with safety guidelines for social workers and case workers to follow while in the course of their employment. (7) Social workers and case workers elevate service to others above self-interest, and draw on their knowledge, values and skills to help people in need and to address social problems. Job-related violence against social workers and case workers affects these hard-working and dedicated individuals, their families, their clients, and their communities throughout the United States. (8) There is a need to increase public awareness and understanding of job-related violence in the field of social services and to meet the needs of social workers and case workers in preventing such violence. Although not every incident of job-related violence can be prevented, many can, and the severity of injuries sustained by social workers and case workers can be reduced. SEC. 3. SOCIAL WORKER SAFETY GRANT PROGRAM. (a) Grants Authorized.--The Secretary of Health and Human Services (the ``Secretary''), through the Substance Abuse and Mental Health Services Administration, is authorized to award grants to States to provide safety measures to social workers and other professionals working with violent, drug-using, or other at-risk populations. (b) Use of Funds.--Grants awarded pursuant to subsection (a) may be used to provide or support the following safety measures: (1) The procurement and installation of safety equipment, including communications systems, such as GPS tracking devices and GPS cell telephones to assist agencies in locating staff, and any technical assistance and training for safety communications. (2) Training exercises for self-defense and crisis management. (3) Facility safety improvements. (4) The provision of pepper spray for self-defense. (5) Training in cultural competency, including linguistic training, and training on strategies for de-escalating a situation that could turn volatile. (6) Training to help workers who work with mentally ill community or that have behavioral problems and need help coping. (7) Educational resources and materials to train staff on safety and awareness measures. (8) Other activities determined by the Secretary to be safety training. (c) Application.-- (1) In general.--A State seeking a grant under subsection (a) shall submit an application to the Secretary, at such time, in such manner, and accompanied by such additional information as the Secretary may require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) describe the type of agencies that will be receiving funding from the grant and type of work done by such agencies; (B) describe the specific activities for which assistance under this section is sought and include a program budget; and (C) contain an assurance that the applicant will evaluate the effectiveness of the safety measure provided with funds received under the grant. (d) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to those applicants that-- (1) demonstrate the greatest need based on documented incidents; and (2) seek to provide assistance to multiple agencies. (e) Quality Assurance and Cost-Effectiveness.--The Secretary shall establish guidelines for assuring the cost-effectiveness and quality of the safety measures funded under this section. (f) Technical Assistance.--The Secretary may provide technical assistance to grant recipients with respect to planning, developing, and implementing safety measures under the grant. (g) Report Requirement.--States receiving grants shall file with the Secretary, not later than 2 years after the receipt of the grant, information that includes-- (1) an assessment of the activities funded in whole or in part with such grant; (2) the range and scope of training opportunities, including numbers and percentage of social workers engaged in the training programs funded in whole or in part by such grant; and (3) the incidence of threats to social workers, if any, and the strategies used to address their safety. (h) Non-Federal Share.--For any State receiving a grant under this section, the non-Federal share of any program to provide safety measures shall be 50 percent. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Health and Human Services $5,000,000 for each of fiscal years 2010 through 2014 to carry out this Act.

Teri Zenner Social Worker Safety Act - Authorizes the Secretary of Health and Human Services, through the Substance Abuse and Mental Health Services Administration, to award grants to states to provide safety measures to social workers and other professionals working with violent, drug-using, or other at-risk populations. Authorizes such grants to be used to provide or support: (1) the procurement and installation of safety equipment, including communications systems to assist agencies in locating staff, and technical assistance and training for safety communications; (2) training exercises for self-defense and crisis management; (3) facility safety improvements; (4) provision of pepper spray for self-defense; (5) training in cultural competency and on strategies for de-escalating a situation that could turn volatile; (6) training to help workers who work with mentally ill communities and who need help coping; and (7) educational resources and materials to train staff on safety and awareness measures. Directs the Secretary to establish guidelines for assuring the cost-effectiveness and quality of the safety measures funded.

To establish a grant program to assist in the provision of safety measures to protect social workers and other professionals who work with at-risk populations.

5, and on March 16, 1999, the House of Representatives adopted House Concurrent Resolution 24, both of which resolved that: ``any attempt to establish Palestinian statehood outside the negotiating process will invoke the strongest congressional opposition.''. (4) On July 25, 2000, Palestinian Chairman Arafat and Israeli Prime Minister Barak issued a joint statement agreeing that the ``two sides understand the importance of avoiding unilateral actions that prejudice the outcome of negotiations and that their differences will be resolved in good-faith negotiations''. SEC. 3. POLICY OF THE UNITED STATES. It shall be the policy of the United States to oppose the unilateral declaration of a Palestinian state, to withhold diplomatic recognition of any Palestinian state that is unilaterally declared, and to encourage other countries and international organizations to withhold diplomatic recognition of any Palestinian state that is unilaterally declared. SEC. 4. MEASURES TO BE APPLIED IF A PALESTINIAN STATE IS UNILATERALLY DECLARED. (a) Measures.--Notwithstanding any other provision of law, beginning on the date that a Palestinian state is unilaterally declared and ending on the date such unilateral declaration is rescinded or on the date the President notifies the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that an agreement between Israel and the Palestinian Authority regarding the establishment of a Palestinian state has been concluded, the following measures shall be applied: (1) Downgrade in status of palestinian office in the united states.-- (A) Notwithstanding any other provision of law, it shall be unlawful for the government of any unilaterally declared Palestinian state, the Palestinian Authority, the Palestine Liberation Organization, any of its constituent groups, or any successors thereof, to establish or maintain an office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States. (B) Nothing in this paragraph shall be construed to preclude-- (i) the establishment or maintenance of a Palestinian information office in the United States, operating under the same terms and conditions as the Palestinian information office that existed prior to the Oslo Accords; or (ii) diplomatic contacts between Palestinian officials and United States counterparts. (2) Prohibition on united states assistance to a unilaterally declared palestinian state.--United States assistance may not be provided to the government of a unilaterally declared Palestinian state, the Palestinian Authority, or to any successor or related entity. (3) Prohibition on united states assistance to the west bank and gaza.--United States assistance (except humanitarian assistance) may not be provided to programs or projects in the West Bank or Gaza. (4) Authority to withhold payment of united states contributions to international organizations that recognize a unilaterally declared palestinian state.--The President is authorized to-- (A) withhold up to 10 percent of the United States assessed contribution to any international organization that recognizes a unilaterally declared Palestinian state; and (B) reduce the United States voluntary contribution to any international organization that recognizes a unilaterally declared Palestinian state up to 10 percent below the level of the United States voluntary contribution to such organization in the fiscal year prior to the fiscal year in which such organization recognized a unilaterally declared Palestinian state. (5) Opposition to lending by international financial institutions.--The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice, vote, and influence of the United States to oppose-- (A) membership for a unilaterally declared Palestinian state in such institution, or other recognition of a unilaterally declared Palestinian state by such institution; and (B) the extension by such institution to a unilaterally declared Palestinian state of any loan or other financial or technical assistance. (6) Limitation on use of funds to extend united states recognition.--No funds available under any provision of law may be used to extend United States recognition to a unilaterally declared Palestinian state, including, but not limited to, funds for the payment of the salary of any ambassador, consul, or other diplomatic personnel to such a unilaterally declared state, or for the cost of establishing, operating, or maintaining an embassy, consulate, or other diplomatic facility in such a unilaterally declared state. (b) Suspension of Measures.-- (1) In general.--The President may suspend the application of any of paragraphs (3) through (5) of subsection (a) for a period of not more than one year if, with respect to the suspension of the application of any such paragraph, the President determines and certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that-- (A) such suspension is in the national security interest of the United States; or (B) the application of such paragraph or paragraphs would significantly hinder the prospects for a negotiated peace agreement in the Middle East. Such certification shall be accompanied by a justification for the basis of the determination. (2) Renewal.--The President may renew the suspension of the application of any of paragraphs (3) through (5) of subsection (a) for a successive period or periods of not more than one year if, before each such period, the President makes a determination and transmits a certification in accordance with paragraph (1). (3) Additional requirement.--A suspension of the application of any of paragraphs (3) through (5) of subsection (a) under paragraph (1) or paragraph (2) shall cease to be effective after one year or at such earlier date as the President may specify. (c) Definition.--For purposes of paragraphs (2) and (3) of subsection (a), the term ``United States assistance''-- (1) means-- (A) assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), except-- (i) assistance under chapter 8 of part I of such Act (relating to international narcotics control assistance); (ii) assistance under chapter 9 of part I of such Act (relating to international disaster assistance); and (iii) assistance under chapter 6 of part II of such Act (relating to assistance for peacekeeping operations); (B) assistance under the Arms Export Control Act (22 U.S.C. 2751 et seq.), including the license or approval for export of defense articles and defense services under section 38 of that Act; and (C) assistance under the Export-Import Bank Act of 1945; and (2) does not include counter-terrorism assistance.

Sets forth certain measures that shall be applied in the event that a Palestinian state is unilaterally declared, including: (1) to make it unlawful for the government of any unilaterally declared Palestinian state, the Palestinian Authority, the Palestine Liberation Organization (PLO), or any successor entities to establish an office in the United States; (2) to bar of U.S. assistance to the government of any unilaterally declared Palestinian state, the Palestinian Authority (or to any successor entity), and any programs or projects in the West Bank or Gaza (except humanitarian assistance); (3) to withhold a specified percentage of the U.S. contribution to any international organization that recognizes a unilaterally declared Palestinian state; and (4) to oppose such state's membership in any international financial institution or the extension by such institution of any loan or other financial assistance to it. Authorizes the President to suspend, for one year, the application of a specified number of such measures provided he determines and certifies to specified congressional committees that such suspensions are in the national security interests of the United States or the application of such measures would significantly hinder the prospects for a negotiated peace agreement in the Middle East.

Peace Through Negotiations Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Access to Prescription Drug Benefits for Veterans Act of 2003''. SEC. 2. PRESCRIPTION DRUG BENEFIT FOR VETERANS. (a) In General.--(1) Chapter 17 of title 38, United States Code, is amended by inserting after section 1722A the following new section: ``Sec. 1722B. Prescription drug benefit ``(a) Benefit.--The Secretary shall establish a prescription drug benefit program in accordance with this section. Under the program, the Secretary shall furnish to veterans described in subsection (b) drugs and medicines ordered on prescription of a duly licensed physician or other authorized health care professional who is not an employee of the Department, subject to the payment of any applicable premium and copayment under this section. ``(b) Veterans Eligible for Benefit.--A veteran is eligible to participate in the prescription drug benefit program under this section if the veteran-- ``(1) is enrolled in the Department health care system under section 1705 of this title; ``(2) seeks an initial appointment with a physician or other health-care provider of the Department to obtain a prescription for drugs or medicines; and ``(3) either-- ``(A) is informed that such an appointment may be made only for a date that is more than 30 days after the date on which the veteran makes the contact seeking the appointment; or ``(B) otherwise, through no responsibility of the veteran, does not actually have such an appointment within 30 days of the date on which the veteran makes the contact seeking the appointment. ``(c) Annual Premium and Copayments.--(1) The Secretary shall by regulation establish an annual premium amount that must be paid to the United States by a veteran for drugs and medicines furnished under this section each year before such drugs and medicines are furnished to that veteran at the expense of the United States that year. ``(2) The Secretary shall by regulation establish an amount (known as a `copayment') that must be paid to the United States by a veteran for each 30-day supply of drugs and medicines furnished under this section. If the quantity of such drugs and medicines furnished is less than a 30-day supply, the amount of the copayment charge may not be reduced. ``(3) The Secretary may establish different copayment amounts for prescriptions depending on-- ``(A) whether they are filled under a generic drug name or by brand name; ``(B) whether or not they are available by mail; and ``(C) whether or not they are on the Department's National Prescription Drug Formulary. ``(4) The amount of the copayment charged for any particular prescription-- ``(A) may not be less than the amount in effect under section 1722A of this title for the copayment for medications furnished by the Department on prescription of Department health-care professionals; and ``(B) subject to subparagraph (A), may not exceed the cost to the Secretary of furnishing the drugs or medicine. ``(d) Disposition of Receipts.--Any amount received under subsection (c) shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund. ``(e) Nonliability.--A health care professional may not be considered to be an agent or employee of the United States by reason of a prescription of that health care professional being furnished by the Secretary under this section. ``(f) Information Resources.--(1) The Secretary shall maintain records of the costs of the program under this section. ``(2) Not later than six years after the date of the enactment of this section, the Secretary shall implement a computerized patient profile system for participants in the prescription drug benefit program under this section. The patient profile system shall have the capability, for each participant in the program, of identifying-- ``(A) known drug interactions; ``(B) contraindicated drugs; ``(C) available `best value' treatment alternatives for prescribed medications; and ``(D) patient safety issues. ``(g) Annual Report to Congress.--The Secretary shall submit to Congress an annual report on the operation of this section for each of the first five years this section is in effect. Each such report shall include the following: ``(1) The number of participants in the program during the year covered by the report and, of that number, the number who were new enrollees during that year. ``(2) The cost to the Department of the program under this section during the year covered by the report. ``(3) The amount of resources added during the year covered by the report to accommodate increased workloads by reason of this section. ``(h) Regulations.--The Secretary shall prescribe regulations to carry out this section.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1722A the following new item: ``1722B. Prescription drug benefit.''. (b) Effective Date.--Section 1722B of title 38, United States Code, as added by subsection (a), shall take effect on the first day of the first month beginning more than six months after the date of the enactment of this Act.

Improving Access to Prescription Drug Benefits for Veterans Act of 2003 - Directs the Secretary of Veterans Affairs to establish a prescription drug benefit program under which drugs and medicines are furnished to eligible veterans on prescription of a duly licensed physician or other authorized health care professional who is not an employee of the Department of Veterans Affairs, subject to the payment of any required premium and copayment. Makes eligible for the program any veteran who: (1) is enrolled in the Department health care system; (2) seeks an initial appointment with a Department physician or other health-care provider to obtain a prescription; and (3) can not obtain such an appointment until more than 30 days later. Requires the Secretary to: (1) establish required premiums and copayments; (2) maintain records of the costs of the program; and (3) implement a computerized patient profile system for program participants.

To amend title 38, United States Code, to provide improved prescription drug benefits for veterans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Literacy, Education, and Rehabilitation Act''. SEC. 2. CREDIT FOR PARTICIPATION IN EDUCATIONAL, VOCATIONAL, TREATMENT, ASSIGNED WORK, OR OTHER DEVELOPMENTAL PROGRAMS. (a) In General.--Section 3624 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``as provided in subsection (b)''; (2) by redesignating subsections (c), (d), (e), and (f), as subsections (d), (e), (f), and (g); and (3) by inserting after subsection (b) the following new subsection: ``(c) Credit Toward Service of Sentence for Satisfactory Participation in a Designated Program.-- ``(1) In general.--Subject to paragraphs (2) and (3), a prisoner serving a term of imprisonment of more than 1 year may receive credit toward the service of the prisoner's sentence, in addition to any other credit received, beyond the time already served, of up to 60 days at the end of each year of the court-imposed sentence, beginning at the end of the first year of such sentence. Credit for the last year or portion of a year of the term of imprisonment shall be prorated and credited within the last 6 weeks of the sentence. ``(2) Satisfactory participation in designated program.--A prisoner shall be awarded credit under paragraph (1) if the Director of the Bureau of Prisons determines that the prisoner has earned, or is making satisfactory progress toward earning, a certificate of completion in a designated program, has satisfactorily participated in a designated program, or has taught or conducted a designated program. ``(3) Number of days of credit awarded.-- ``(A) In general.--The Director of the Bureau of Prisons shall determine and establish a policy setting forth the rate of the number of days of credit which a prisoner may be awarded under this subsection with respect to any designated program. ``(B) Specific considerations.--In determining the number of days of credit a prisoner may be awarded with respect to a designated program, the Director of the Bureau of Prisons shall consider-- ``(i) the level of difficulty of the program; ``(ii) the time required by the program; ``(iii) the level of responsibility expected of the prisoner with respect to the program; ``(iv) the rehabilitative benefits the program provides the prisoner; and ``(v) the benefits the program provides the Bureau of Prisons. ``(C) Availability to prisoners.--The Director of the Bureau of Prisons shall make the policy applicable to credit awarded under this subsection available for each prisoner to review prior to that prisoner's participation in any designated program. ``(4) Eligibility.--Any person sentenced to a term of imprisonment under custody of the Attorney General, whether sentenced or convicted prior to or after November 1, 1987, shall be eligible for the credits described in this subsection. ``(5) Designated program.--The term `designated program' means a program which has been designated by the Director of the Bureau of Prisons as a program which benefits either prisoners or the Bureau of Prisons, including-- ``(A) educational and vocational programs, such as courses and programs through which a prisoner may earn a high school diploma or an equivalent degree or certification through an accredited vocational training program, college, or university; ``(B) treatment programs, such as interventional rehabilitation programs, including mental health and drug abuse programs; and ``(C) assigned work and developmental programs.''. (b) Prisoners Transferred From Foreign Countries to the Custody of the Attorney General.-- (1) In general.--The second sentence of section 4105(c)(1) of title 18, United States Code, is amended by inserting ``and for participation in designated programs under section 3624(c)'' after ``satisfactory behavior''. (2) Conforming amendments.--Section 4105(c) of title 18, United States Code, is amended-- (A) by striking ``at the rate provided in section 3624(b)'' each place it appears and inserting ``at the rates provided in sections 3624(b) and (c)''; and (B) in paragraph (3), by striking ``section 3624(b)'' and inserting ``sections 3624(b) and (c)''. (c) Conforming Amendments.-- (1) Title 18.--Section 3603(6) of title 18, United States Code, is amended by striking ``3624(c)'' and inserting ``3624(d)''. (2) Title 28.--Section 994(a)(2)(F) of title 28, United States Code, is amended by striking ``3624(c)'' and inserting ``3624(d)''. SEC. 3. GOOD TIME CREDIT. (a) In General.--Section 3624(b)(1) of title 18, United States Code, is amended by striking ``, beyond the time served, of up to 54 days at the end of each year of the prisoner's term of imprisonment, beginning at the end of the first year of the term,'' and inserting ``of up to 54 days for each year of the prisoner's sentence imposed by the court,''. (b) Restoration of Credit.--Section 3624(b)(1) is amended by striking the sentence beginning ``Credit that has not been earned'' and inserting ``The Bureau may subsequently restore any or all credit previously denied, based on the prisoner's maintaining good behavior as determined by the Bureau.''. (c) Applicability.--The amendments made by this section apply with respect to each prison sentence that has not been completed before the effective date of this Act, except any sentence imposed before November 1, 1987. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act.

Literacy, Education, and Rehabilitation Act - Amends the federal criminal code to allow a prisoner serving a term of imprisonment of more than one year to receive credit beyond time already served for up to 60 days each year, in addition to any credit received for satisfactory behavior, for earning a certificate of completion in, or for participating in or teaching, a designated program that benefits prisoners or the Bureau of Prisons, including specified educational and vocational, treatment, and work and developmental programs. Requires the Director of the Bureau to establish the number of days of credit a prisoner may be awarded considering the difficulty, time required, responsibility expected, and rehabilitative benefits of the program. Makes any person sentenced to a term of imprisonment under the Attorney General's custody eligible for the credits, including prisoners transferred from foreign countries. Allows: (1) federal prisoners to earn up to 54 days of credit toward the service of a sentence for each year of the prisoner's sentence imposed by the court if the Bureau determines the prisoner has displayed exemplary compliance with institutional disciplinary regulations; and (2) the Bureau to restore credit previously denied to a prisoner, based on such prisoner maintaining good behavior.

To amend title 18, United States Code, to award credit toward the service of a sentence to prisoners who participate in designated educational, vocational, treatment, assigned work, or other developmental programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bringing Resources from Academia to the Industry of Our Nation Act'' or the ``BRAIN Act''. SEC. 2. PILOT PROGRAM AUTHORIZING CHANGE IN NONIMMIGRANT STATUS FOR EMPLOYMENT-BASED NONIMMIGRANTS WITH DEGREES IN MATHEMATICS, SCIENCE, ENGINEERING, OR COMPUTER SCIENCE. (a) Establishment of Nonimmigrant Category.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 101(a)(15)) is amended-- (1) in subparagraph (R), by striking ``or'' at the end; (2) in subparagraph (S), by striking the comma at the end and inserting ``; or''; and (3) by inserting after subparagraph (S) the following: ``(T) subject to section 214(n), an alien who is authorized to change nonimmigrant classification and remain temporarily in the United States to perform services (other than services described in subclause (a) of subparagraph (H)(i) during the period in which such subclause applies, services described in subclause (ii)(a) of subparagraph (H), or services described in subparagraph (O) or (P)) in a special technical occupation described in section 214(n)(2), who meets the requirements for the occupation specified in section 214(n)(3);''. (b) Requirements for Change of Nonimmigrant Classification; Enforcement of Employer Obligations.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended-- (1) by redesignating the subsection (l) added by section 625(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009- 1820) as subsection (m); and (2) by adding at the end the following: ``(n)(1) Notwithstanding section 248 or 212(e), or any other provision of this Act, the Attorney General may, under such conditions as the Attorney General may prescribe consistent with this subsection and subsection (c)(10)(A), authorize a change from a nonimmigrant classification under subparagraph (F) or (J) of section 101(a)(15) to a nonimmigrant classification under section 101(a)(15)(T) in the case of any alien lawfully admitted to the United States as a nonimmigrant who is continuing to maintain that status and who is not inadmissible under section 212(a)(9)(B)(i) (or whose inadmissibility under such section is waived under section 212(a)(9)(B)(v)). ``(2) For purposes of section 101(a)(15)(T) and paragraph (3), the term `special technical occupation' means an occupation in a high- technology field-- ``(A) that uses the knowledge, skills, and abilities possessed by persons attaining a bachelor's or higher degree with a major in mathematics, science, engineering, or computer science, and requires such knowledge, skills, and abilities as a minimum for entry into the occupation in the United States; and ``(B) with respect to which the annual total compensation (including the value of all wages, salary, bonuses, stock, stock options, and any other similar form of remuneration) equals or exceeds $60,000. ``(3) For purposes of section 101(a)(15)(T), the requirements of this paragraph, with respect to a special technical occupation, are-- ``(A) full State licensure to practice in the occupation, if such licensure is required to practice in the occupation; ``(B) not earlier than 90 days prior to initially obtaining nonimmigrant status under such section, having been graduated, with a degree described in paragraph (2)(A) for the occupation, from an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)) inside the United States whose students receive loans under part B or D of title IV of such Act (20 U.S.C. 1070 et seq.; 20 U.S.C. 1087a et seq.); and ``(C) obtaining a contractual obligation on the part of the employer filing the petition on behalf of the alien under section 214(c)(10)(A) to pay the alien in accordance with paragraph (2)(B) at all times during the period of intended employment in the United States specified in the petition. ``(4) In the case of a nonimmigrant described in section 101(a)(15)(T), the period of authorized stay in the United States as such a nonimmigrant may not exceed 5 years. ``(5) An employer who has filed a petition under subsection (c)(10)(A) with respect to an employee having nonimmigrant status under section 101(a)(15)(T) annually shall submit to the Attorney General a copy of the most recent statement under section 6051 of the Internal Revenue Code of 1986 for the employee. Based on information in any such statement, the Attorney General may initiate an investigation described in paragraph (7)(A) concerning a possible failure, misrepresentation, or violation, without a complaint described in such paragraph, if the Attorney General has a reasonable basis for such initiation. ``(6)(A) It is a violation of this subparagraph for an employer who has filed a petition under subsection (c)(10)(A) to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this subparagraph, includes a former employee and an applicant for employment) because the employee has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a failure to meet a condition specified in the petition or a misrepresentation of material facts in the petition, or any rule or regulation pertaining to such subsection, or because the employee cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer's compliance with the requirements of such subsection or any rule or regulation pertaining to such subsection. ``(B) The Attorney General shall devise a process under which a nonimmigrant described in section 101(a)(15)(T) who files a complaint regarding a violation of subparagraph (A) and is otherwise eligible to remain and work in the United States may be allowed to seek other appropriate employment in the United States for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification. ``(7)(A) The Attorney General shall establish a process for the receipt, investigation, and disposition of complaints respecting a petitioner's failure to meet a condition specified in a petition under subsection (c)(10)(A), a petitioner's misrepresentation of material facts in such a petition, or a violation of paragraph (6)(A). Complaints may be filed by any aggrieved person or organization (including bargaining representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure, misrepresentation, or violation unless the complaint was filed not later than 12 months after the date of the failure, misrepresentation, or violation, respectively. The Attorney General shall conduct an investigation under this subparagraph if there is reasonable cause to believe that such a failure, misrepresentation, or violation has occurred. ``(B) Under such process, the Attorney General shall provide, within 30 days after the date such a complaint is filed, for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph (C). If the Attorney General determines that such a reasonable basis exists, the Attorney General shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint, in accordance with section 556 of title 5, United States Code, within 60 days after the date of the determination. If such a hearing is requested, the Attorney General shall make a finding concerning the matter by not later than 60 days after the date of the hearing. In the case of similar complaints respecting the same petitioner, the Secretary may consolidate the hearings under this subparagraph on such complaints. ``(C) If the Attorney General finds, after notice and opportunity for a hearing, a failure to meet a condition specified in a petition under subsection (c)(10)(A), a petitioner's misrepresentation of material facts in such a petition, or a violation of paragraph (6)(A), the Attorney General-- ``(i) shall revoke the status under section 101(a)(15)(T) of any alien having such status employed by the petitioner, beginning 90 days after the date the finding is made, unless the alien has obtained from the Attorney authorization to change employers during the 90-day period; ``(ii) may not approve any other petition filed by the petitioner under subsection (c)(10)(A); and ``(iii) may impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $10,000 per violation) as the Attorney General determines to be appropriate. ``(D) Notwithstanding any other provision of law, civil money penalties collected under this paragraph shall be deposited in the Treasury in accordance with section 286(t). ``(8)(A) The Attorney General shall submit every 6 months to the Committees on the Judiciary of the House of Representatives and of the Senate a report describing, with respect to petitions under section 101(a)(15)(T) for the previous 6-month period, the number aliens granted nonimmigrant status pursuant to such petitions. Such data shall be reported on a monthly basis for each month in the reporting period. ``(B) The Attorney General shall submit annually to the Committees on the Judiciary of the House of Representatives and of the Senate a report describing, with respect to each workers included in such approved petitions under section 101(a)(15)(T) for the previous fiscal year, the following: ``(i) Occupation. ``(ii) Employer. ``(iii) Annual total compensation. ``(iv) Highest degree completed at an institution of higher education described in paragraph (2)(B). ``(v) Name of such institution. ``(vi) Concentration or major with respect to such degree.''. (c) Collection and Use of Fees.-- (1) Imposition of fee.--Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following: ``(10)(A) The question of providing any alien status as a nonimmigrant under section 101(a)(15)(T) in any specific case or specific cases shall be determined by the Attorney General upon petition of the employer seeking to employ the alien. Such petition shall be made and approved before the status is granted, and, in the case of a petition described in subparagraph (B)(i), the petition shall be made and approved before the alien obtains the degree described in subsection (n)(3)(B). The petition shall be in such form and contain such information as the Attorney General shall prescribe, consistent with subsection (n), and shall specify a period of intended employment. The approval of such a petition shall not, of itself, be construed as establishing that the alien is a nonimmigrant with such status. ``(B) The Attorney General shall impose a fee on an employer filing a petition under subparagraph (A)-- ``(i) initially to grant an alien nonimmigrant status described in section 101(a)(15)(T); ``(ii) to extend the stay of an alien having such status (unless the employer previously has obtained an extension for such alien); or ``(iii) to obtain authorization for an alien having such status to change employers. ``(C) The amount of the fee shall be $500 for each petition filed under clause (ii) or (iii) of subparagraph (B) and $1,000 for each petition filed under subparagraph (B)(i). ``(D) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(t).''. (2) Establishment of account; use of fees.--Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at the end the following: ``(t) High-Tech Education Fund Account.-- ``(1) In general.--There is established in the general fund of the Treasury a separate account, which shall be known as the `High-Tech Education Fund Account'. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 214(c)(10) and all civil money penalties collected under section 214(n)(7)(C). ``(2) Use of fees for k-12 mathematics, science, and computer science education.--Except as provided in paragraph (3), amounts deposited into the High-Tech Education Fund Account shall remain available to the Director of the National Science Foundation until expended to make merit-reviewed grants, under section 3(a)(1) of the National Science Foundation Act of 1950 (43 U.S.C. 1862(a)(1)), for programs that provide opportunities for enrollment in academic enrichment courses in mathematics, science, and computer science for elementary and secondary school students. ``(3) Use of fees for duties relating to petitions.--3 percent of the amounts deposited into the High-Tech Education Fund Account shall remain available to the Attorney General until expended to carry out duties under subsections (c)(10) and (n) of section 214.''. (d) Effective Date; Sunset.-- (1) Effective date.--The amendments made by this section shall take effect beginning with fiscal year 2000. (2) Sunset.--The amendments made by subsections (a), (b), and (c)(1) shall cease to be effective on September 30, 2004, except with respect to any alien having nonimmigrant status pursuant to such amendments before such date. In the case of such an alien, the amendments made by subsections (a) and (b) shall remain in effect until the date on which such nonimmigrant status otherwise would expire (disregarding any potential extension of status).

Sets forth related employer filing and enforcement provisions. Establishes in the Treasury the High-Tech Education Fund Account.

BRAIN Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saddleback Mountain-Arizona Settlement Act of 1995''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) in its capacity as a receiver for the Sun State Savings and Loan Association, F.S.A., the Resolution Trust Corporation holds a tract of land consisting of approximately 701 acres within the city of Scottsdale, Arizona (referred to in this Act as the ``Saddleback Property''); (2) the Saddleback Property abuts the north boundary of the Salt River Pima-Maricopa Indian Reservation; (3) because the Saddleback Property includes Saddleback Mountain and scenic hilly terrain along the Shea Boulevard Corridor in Scottsdale, Arizona, a major portion of the Saddleback Property has significant conservation value; (4) pursuant to section 10(b) of the Coastal Barrier Improvement Act of 1990 (12 U.S.C. 1441a-3(b)), the Resolution Trust Corporation identified the conservation value of the Saddleback Property and provided a description of the Saddleback Property in a notice of the availability of the property for sale; (5) the use and disposition of the Saddleback Property are critical to the interests of both the City and the Salt River Pima-Maricopa Indian Community; (6) during the course of dealings among the Community, the City, and the Resolution Trust Corporation, disputes arose regarding the ownership, conservation, use, and ultimate development of the Saddleback Property; (7) the Community, the City, and the Resolution Trust Corporation resolved their differences concerning the Saddleback Property by entering into an agreement that provides for the sale, at an aggregate price equal to the highest cash bid that has been tendered to the Resolution Trust Corporation, of-- (A) a portion of the Saddleback Property to the City; and (B) the remaining portion of the Saddleback Property to the Community; and (8) the Settlement Agreement provides-- (A) for a suitable level of conservation for the areas referred to in paragraph (3); and (B) that the portion of the Saddleback Property referred to in paragraph (7)(B) will become part of the Reservation. (b) Purposes.--The purposes of this Act are-- (1) to approve and confirm the Settlement, Release, and Property Conveyance Agreement executed by the City, the Community, and the Resolution Trust Corporation; and (2) to ensure that the Settlement Agreement (including the Development Agreement, the Use Agreement, and all other associated ancillary agreements and exhibits)-- (A) is carried out; and (B) is fully enforceable in accordance with its terms, including judicial remedies and binding arbitration provisions. SEC. 3. DEFINITIONS. For the purposes of this Act, the following definitions shall apply: (1) City.--The term ``City'' means the city of Scottsdale, Arizona, which is a municipal corporation in the State of Arizona. (2) Community.--The term ``Community'' means the Salt River Pima-Maricopa Indian Community, which is a federally recognized Indian tribe. (3) Dedication property.--The term ``Dedication Property'' means a portion of the Saddleback Property, consisting of approximately 27 acres of such property, that the City will acquire in accordance with the Settlement Agreement. (4) Development agreement.--The term ``Development Agreement'' means the agreement between the City and the Community, executed on September 11, 1995, that sets forth conditions and restrictions that-- (A) are supplemental to the Settlement, Release and Property Conveyance Agreement referred to in paragraph (11)(A); and (B) apply to the future use and development of the Development Property. (5) Development property.--The term ``Development Property'' means a portion of the Saddleback Property, consisting of approximately 211 acres, that the Community will acquire in accordance with the Settlement Agreement. (6) Mountain property.--The term ``Mountain Property'' means a portion of the Saddleback Property, consisting of approximately 365 acres, that the Community will acquire in accordance with the Settlement Agreement. (7) Preservation property.--The term ``Preservation Property'' means a portion of the Saddleback Property, consisting of approximately 98 acres, that the City will acquire in accordance with the Settlement Agreement. (8) Reservation.--The term ``Reservation'' means the Salt River Pima-Maricopa Indian Reservation. (9) Saddleback property.--The term ``Saddleback Property'' means a tract of land that-- (A) consists of approximately 701 acres within the city of Scottsdale, Arizona; and (B) includes the Dedication Property, the Development Property, the Mountain Property, and the Preservation Property. (10) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (11) Settlement agreement.--The term ``Settlement Agreement''-- (A) means the Settlement, Release and Property Conveyance Agreement executed on September 11, 1995, by the Community, the City, and the Resolution Trust Corporation (in its capacity as the Receiver for the Sun State Savings and Loan Association, F.S.A.); and (B) includes the Development Agreement, the Use Agreement, and all other associated ancillary agreements and exhibits. (12) Use agreement.--The term ``Use Agreement'' means the agreement between the City and the Community, executed on September 11, 1995, that sets forth conditions and restrictions that-- (A) are supplemental to the Settlement, Release and Property Conveyance Agreement referred to in paragraph (11)(A); and (B) apply to the future use and development of the Mountain Property. SEC. 4. APPROVAL OF AGREEMENT. The Settlement Agreement is hereby approved and ratified and shall be fully enforceable in accordance with its terms and the provisions of this Act. SEC. 5. TRANSFER OF PROPERTIES. (a) In General.--Upon satisfaction of all conditions to closing set forth in the Settlement Agreement, the Resolution Trust Corporation shall transfer, pursuant to the terms of the Settlement Agreement-- (1) to the Secretary, the Mountain Property and the Development Property purchased by the Community from the Resolution Trust Corporation; and (2) to the City, the Preservation Property and the Dedication Property purchased by the City from the Resolution Trust Corporation. (b) Trust Status.--The Mountain Property and the Development Property transferred pursuant to subsection (a)(1) shall, subject to sections 6 and 7-- (1) be held in trust by the United States for the Community; and (2) become part of the Reservation. (c) Records.--Upon the satisfaction of all of the conditions of closing set forth in the Settlement Agreement, the Secretary shall file a plat of survey depicting the Saddleback Property (that includes a depiction of the Dedication Property, the Development Property, the Mountain Property, and the Preservation Property) with-- (1) the office of the Recorder of Maricopa County, Arizona; and (2) the Titles and Records Center of the Bureau of Indian Affairs, located in Albuquerque, New Mexico. SEC. 6. LIMITATIONS ON USE AND DEVELOPMENT. Upon the satisfaction of all of the conditions of closing set forth in the Settlement Agreement, the properties transferred pursuant to paragraphs (1) and (2) of section 5(a) shall be subject to the following limitations and conditions on use and development: (1) Preservation property.-- (A) In general.--Except as provided in subparagraph (B), the Preservation Property shall be forever preserved in its natural state for use only as a public park or recreation area that shall-- (i) be utilized and maintained for the purposes set forth in section 4(C) of the Settlement Agreement; and (ii) be subject to the restrictions set forth in section 4(C) of the Settlement Agreement. (B) Shea boulevard.--At the sole discretion of the City, a portion of the Preservation Property may be used to widen, reconfigure, repair, or reengineer Shea Boulevard in accordance with section 4(D) of the Settlement Agreement. (2) Dedication property.--The Dedication Property shall be used to widen, reconfigure, repair, or reengineer Shea Boulevard and 136th Street, in accordance with sections 4(D) and 7 of the Settlement Agreement. (3) Mountain property.--Except for the areas in the Mountain Property referred to as Special Cultural Land in section 5(C) of the Settlement Agreement, the Mountain Property shall be forever preserved in its natural state for use only as a public park or recreation area that shall-- (A) be utilized and maintained for the purposes set forth in section 5(C) of the Settlement Agreement; and (B) be subject to the restrictions set forth in section 5(C) of the Settlement Agreement. (4) Development property.--The Development Property shall be used and developed for the economic benefit of the Community in accordance with the provisions of the Settlement Agreement and the Development Agreement. SEC. 7. AMENDMENTS TO THE SETTLEMENT AGREEMENT. No amendment made to the Settlement Agreement (including any deviation from an approved plan described in section 9(B) of the Settlement Agreement) shall become effective, unless the amendment-- (1) is made in accordance with the applicable requirements relating to the form and approval of the amendment under sections 9(B) and 34 of the Settlement Agreement; and (2) is consistent with the provisions of this Act.

Saddleback Mountain-Arizona Settlement Act of 1995 - Approves and ratifies the Settlement Agreement providing for the transfer of certain lands in Scottsdale, Arizona, by the Resolution Trust Corporation to the Salt River Pima-Maricopa Indian Community (to be held in trust by the Department of the Interior) and the City of Scottsdale. Directs the Corporation to make such land transfer. Sets forth land use limitations (public use and development property).

Saddleback Mountain-Arizona Settlement Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Criminal Contempt of Congress Procedures Act of 2008''. SEC. 2. ALTERNATE PROCEDURE. (a) Scope of Application.--If the House of Representatives finds an officer or employee of the Executive branch, or a former officer or employee of the Executive branch has violated section 102 of the Revised Statutes of the United States (2 U.S.C. 192), the procedures of this Act apply in lieu of the procedures set forth in section 104 of the Revised Statutes of the United States (2 U.S.C. 194). (b) Certification by Speaker.--Upon the finding by the House of Representatives of a violation to which this Act applies, the Speaker shall certify that finding to the Attorney General for presentation to a grand jury and to the Special Division of the Court created by this Act. (c) Circumstances Leading to Appointment of Special Advocate.--If-- (1) the Attorney General informs the Special Division of the Court that the Deparment of Justice will not present the matter to a grand jury because political or institutional considerations create a conflict that would prevent redress to an affront to the authority of the House through presentment or prosecution by the Department of Justice; (2) the Attorney General informs the Special Division of the Court that the Department of Justice will not present the matter to a grand jury for any other reason; or (3) by the end of the 30th day after the date of receipt of a certification under subsection (b) the Attorney General has not presented the matter to a grand jury; the Special Division of the Court shall appoint a special advocate under section 3. SEC. 3. APPOINTMENT, QUALIFICATIONS, AND PROSECUTORIAL JURISDICTION OF SPECIAL ADVOCATE, AND ADMINISTRATIVE MATTERS RELATING TO THE SPECIAL ADVOCATE. (a) Appointment, Qualifications, and Prosecutorial Jurisdiction of Special Advocate.-- (1) Appointment and qualifications.--The Special Division of the Court shall appoint the special advocate, who must be an attorney in good standing with substantial prosecutorial experience who has not served in any capacity in the administration of the President who is or was in office when the Speaker of the House certified the finding of a violation. (2) Prosecutorial jurisdiction.--The Special Division of the Court shall define the special advocate's prosecutorial jurisdiction as comprising the investigation and prosecution of the alleged violation and any perjury, false statement, and any obstruction of justice occurring during and in relation to such investigation and prosecution. (b) Authority of Special Advocate With Respect to Matters Within Prosecutorial Jurisdiction.--With respect to all matters in that special advocate's prosecutorial jurisdiction, a special advocate appointed under this Act shall have full power and independent authority to exercise all prosecutorial functions and powers, and any other functions and powers normally ancillary thereto, of the Department of Justice, the Attorney General, and any other officer or employee of the Department of Justice, except that the Attorney General shall exercise direction or control as to those matters that specifically require the Attorney General's personal action under section 2516 of title 18, United States Code. (c) Salary.--The special advocate shall receive a salary equivalent to the salary of the United States Attorney for the District of Columbia. (d) Staff.--The special advocate may appoint and fix the salaries of such staff, not to exceed 12 in number, as the special advocate deems necessary to carry out the functions of the special advocate under this Act. However, no salary of a member of such staff may exceed the salary of the special advocate. (e) Expenses.--The Department of Justice shall pay all costs relating to the establishment and operation of any office of special advocate. The Attorney General shall submit to the Congress, not later than 30 days after the end of each fiscal year, a report on amounts paid during that fiscal year for expenses of investigations and prosecutions the special advocate. (f) Report to Congress.--Each special advocate shall report to Congress annually on the special advocate's activities under this Act. The report shall include a description of the progress of any investigation or prosecution conducted by the special advocate and provide information justifying the costs of the activities reported on. SEC. 4. SPECIAL DIVISION OF THE COURT. (a) Designation.--The Chief Justice shall designate three judges or justices of the United States, one of whom shall be an active judge of the United States Court of Appeals for the District of Columbia, to be the Special Division of the Court for the purposes of this Act. The Chief Justice shall make the first such designation not later than 45 days after the date of the enactment of this Act. (b) Special Division To Be a Division Within the United States Court of Appeals for the District of Columbia Circuit.--The Special Division of the Court shall be a division within the United States Court of Appeals for the District of Columbia Circuit. (c) Length of Designation.--Each designation to the Special Division of the Court shall be for a term of 2 years, but the Chief Justice may fill any vacancy arising before the end of a term for the remainder of that term. (d) Priority To Be Given to Senior Circuit Judges and Retired Justices of the United States Supreme Court.--In designating judges and justices to serve on the Special Division of the Court, the Chief Justice shall give priority to senior circuit judges and retired justices of the United States Supreme Court. (e) Variety of Courts To Be Represented.--Not more than one person may be designated to such division from a particular court. SEC. 5. REMOVAL OF SPECIAL ADVOCATE. (a) In General.--A special advocate may be removed from office, other than by impeachment and conviction, only by the personal action of the Attorney General, and only for good cause, physical or mental disability, or any other condition that impairs the performance of that special advocate's duties. (b) Report Upon Removal.--If a special advocate is removed from office, the Attorney General shall promptly submit to the Special Division of the Court and the Congress a report specifying the facts found and the ultimate grounds for the removal. (c) Judicial Review of Removal.--A special advocate removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia. A member of the Special Division of the Court may not hear or determine any such civil action or any appeal of a decision in any such civil action. The special advocate may be reinstated or granted other appropriate relief by order of the court. SEC. 6. TERMINATION OF SPECIAL ADVOCATE'S AUTHORITY. (a) In General.--The authority of the special advocate shall cease two years after the date of the special advocates appointment, but the Special Division of the Court may extend that authority for an additional period not to exceed one year, if the court finds good cause to do so. Good cause to do so includes that the investigation or prosecution undertaken by the special advocate has been delayed by dilatory tactics by persons who could provide evidence that would significantly assist the investigation or prosecution, and also includes the need to allow the special advocate to participate in any appellate proceedings related to prosecutions engaged in by the special advocate. (b) Termination by Special Division of the Court.--The Special Division of the court, either on its own motion or upon the request of the Attorney General, may terminate an office of special advocate at any time, on the ground that the investigation of all matters within the prosecutorial jurisdiction of such special advocate, and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the Department of Justice to complete such investigations and prosecutions. SEC. 7. EFFECTIVE DATE. This Act takes effect on January 20, 2009.

Special Criminal Contempt of Congress Procedures Act of 2008 - Establishes alternate procedures for the prosecution of current or former officers or employees of the executive branch found in contempt of Congress for refusal to testify or produce documents in response to a congressional subpoena. Establishes a Special Division of the U.S. Supreme Court to hear such criminal contempt cases. Requires the Chief Justice of the U.S. Supreme Court to designate three judges or justices, one of whom shall be an active judge of the U.S. Court of Appeals for the District of Columbia, to serve on the Special Division. Requires the Special Division to appoint a special advocate to serve as the prosecuting attorney in criminal contempt cases after the Attorney General declines to present such cases to a grand jury. Grants full power and independent authority to the special advocate to exercise all prosecutorial functions and powers. Sets forth provisions for the removal of the special advocate and the termination of the special advocate's authority. Makes this Act effective on January 20, 2009.

To provide an alternate procedure for the prosecution of certain criminal contempts referred for prosecution by the House of Representatives, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Ocean Protection Act of 1995''. SEC. 2. FINDINGS. Congress finds that-- (1) the coast of California possesses unique historical, ecological, educational, recreational, economic, and research values that are appropriate for protection under Federal law; (2) the threat to the coast of California, a national treasure, continues to intensify as a result of fossil fuel exploration and development, mineral extraction, and the burning and dumping of toxic and hazardous wastes; (3) the activities described in paragraph (2) could result in irreparable damage to the coast of California; and (4) the establishment of an ocean protection zone off the coast of California would enhance recreational and commercial fisheries, and the use of renewable resources within the zone. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Development.--The term ``development'' has the meaning stated in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (3) Exclusive economic zone.--The term ``Exclusive Economic Zone'' means the Exclusive Economic Zone of the United States, as defined by Presidential Proclamation 5030 of March 10, 1983. (4) Exploration.--The term ``exploration'' has the meaning stated in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (5) Harmful ocean dumping.--The term ``harmful ocean dumping''-- (A) shall have the meaning provided by the Administrator, in consultation with the heads of other Federal agencies whom the Administrator determines to be appropriate; but (B) shall not include-- (i) a de minimus disposal of vessel waste; (ii) the disposal of dredged material that-- (I) would meet the requirements for disposal under the criteria established under section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413), including regulations promulgated under that section; or (II) is disposed of pursuant to a permit issued pursuant to that section; (iii) a discharge that is authorized under a National Pollutant Discharge Elimination System (NPDES) permit issued under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); or (iv) a disposal that is carried out by an appropriate Federal agency under title I of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1411 et seq.). (6) Minerals.--The term ``minerals'' has the meaning stated in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (7) Outer continental shelf.--The term ``outer Continental Shelf'' has the meaning stated in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (8) Person.--The term ``person'' has the meaning stated in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (9) Production.--The term ``production'' has the meaning stated in section 2 of such Act (43 U.S.C. 1331). (10) Territorial sea .--The term ``territorial sea'' means the belt of sea measured from the baseline of the United States, determined in accordance with international law, as set forth in Presidential Proclamation 5928, dated December 27, 1988. (11) Zone.--The term ``Zone'' means the California Ocean Protection Zone established under section 4. SEC. 4. DESIGNATION OF CALIFORNIA OCEAN PROTECTION ZONE. There is established a California Ocean Protection Zone, consisting of-- (1) waters of the Exclusive Economic Zone that are contiguous to the waters of the territorial sea that are contiguous to the State of California; (2) waters of the territorial sea that are contiguous to the State of California; and (3) the portion of the outer Continental Shelf underlying those waters. SEC. 5. RESTRICTIONS. (a) Mineral Exploration, Development, and Production.-- (1) Definition.--In this subsection, the term ``lease'' has the meaning stated in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (2) Issuance of leases, permits, and licenses.-- Notwithstanding any other law, the head of a Federal agency may not issue a lease, permit, or license for the exploration for or development or production of oil, gas, or other minerals in or from the Zone. (3) Exploration, development, and production.-- Notwithstanding any other law, a person may not engage in the exploration for, or the development or production of, oil, gas, or other minerals in or from the Zone after the date of the cancellation, expiration, relinquishment, or termination of a lease, permit, or license in effect on June ____, 1995, that permits exploration, development, or production. (b) Ocean Incineration and Dumping.--Notwithstanding any other law, the head of a Federal agency may not issue a lease, permit, or license for-- (1) ocean incineration or harmful ocean dumping within the Zone; or (2) any onshore facility that facilitates ocean incineration or harmful ocean dumping within the Zone. SEC. 6. FISHING. This Act is not intended to regulate, restrict, or prohibit commercial or recreational fishing, or other harvesting of ocean life in the Zone.

California Ocean Protection Act of 1995 - Establishes a California Ocean Protection Zone consisting of: (1) waters of the Exclusive Economic Zone that are contiguous to the waters of the territorial sea that are contiguous to the State of California; (2) waters of the territorial sea that are contiguous to the State of California; and (3) the portion of the outer Continental Shelf underlying those waters. Prohibits: (1) the head of a Federal agency from issuing a lease, permit, or license for the exploration for or development or production of oil, gas, or other minerals in or from the Zone; (2) a person from engaging in the exploration for, or development or production of, minerals in or from the Zone after the date of the cancellation, expiration, transfer, relinquishment, or termination of a lease, permit, or license for such activities in effect in June 1995; and (3) an agency head from issuing a lease, permit, or license for ocean incineration or harmful ocean dumping within the Zone or for any onshore facility that facilitates ocean incineration or harmful ocean dumping within the Zone. Declares that this Act is not intended to regulate, restrict, or prohibit commercial or recreational fishing, or other harvesting of ocean life in the zone.

California Ocean Protection Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lawsuit Abuse Reduction Act of 2005''. SEC. 2. ATTORNEY ACCOUNTABILITY. Rule 11(c) of the Federal Rules of Civil Procedure is amended-- (1) by amending the first sentence to read as follows: ``If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the attorney, law firm, or parties that have violated this subdivision or are responsible for the violation, an appropriate sanction, which may include an order to pay the other party or parties for the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper, that is the subject of the violation, including a reasonable attorney's fee.''; (2) in paragraph (1)(A)-- (A) by striking ``Rule 5'' and all that follows through ``corrected.'' and inserting ``Rule 5.''; and (B) by striking ``the court may award'' and inserting ``the court shall award''; and (3) in paragraph (2), by striking ``shall be limited to what is sufficient'' and all that follows through the end of the paragraph (including subparagraphs (A) and (B)) and inserting ``shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the parties that were injured by such conduct. The sanction may consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee.''. SEC. 3. APPLICABILITY OF RULE 11 TO STATE CASES AFFECTING INTERSTATE COMMERCE. In any civil action in State court, the court, upon motion, shall determine within 30 days after the filing of such motion whether the action substantially affects interstate commerce. Such court shall make such determination based on an assessment of the costs to the interstate economy, including the loss of jobs, were the relief requested granted. If the court determines such action substantially affects interstate commerce, the provisions of Rule 11 of the Federal Rules of Civil Procedure shall apply to such action. SEC. 4. PREVENTION OF FORUM-SHOPPING. (a) In General.--Subject to subsection (b), a personal injury claim filed in State or Federal court may be filed only in the State and, within that State, in the county (or if there is no State court in the county, the nearest county where a court of general jurisdiction is located) or Federal district in which-- (1) the person bringing the claim, including an estate in the case of a decedent and a parent or guardian in the case of a minor or incompetent-- (A) resides at the time of filing; or (B) resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the personal injury claim allegedly occurred; (3) the defendant's principal place of business is located, if the defendant is a corporation; or (4) the defendant resides, if the defendant is an individual. (b) Determination of Most Appropriate Forum.--If a person alleges that the injury or circumstances giving rise to the personal injury claim occurred in more than one county (or Federal district), the trial court shall determine which State and county (or Federal district) is the most appropriate forum for the claim. If the court determines that another forum would be the most appropriate forum for a claim, the court shall dismiss the claim. Any otherwise applicable statute of limitations shall be tolled beginning on the date the claim was filed and ending on the date the claim is dismissed under this subsection. (c) Definitions.--In this section: (1) The term ``personal injury claim''-- (A) means a civil action brought under State law by any person to recover for a person's personal injury, illness, disease, death, mental or emotional injury, risk of disease, or other injury, or the costs of medical monitoring or surveillance (to the extent such claims are recognized under State law), including any derivative action brought on behalf of any person on whose injury or risk of injury the action is based by any representative party, including a spouse, parent, child, or other relative of such person, a guardian, or an estate; (B) does not include a claim brought as a class action; and (C) does not include a claim against a debtor in a case pending under title 11 of the United States Code that is a personal injury tort or wrongful death claim within the meaning of section 157(b)(5) of title 28, United States Code. (2) The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, but not any governmental entity. (3) The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and any other territory or possession of the United States. (d) Applicability.--This section applies to any personal injury claim filed in Federal or State court on or after the date of the enactment of this Act. SEC. 5. RULE OF CONSTRUCTION. Nothing in section 3 or in the amendments made by section 2 shall be construed to bar or impede the assertion or development of new claims or remedies under Federal, State, or local civil rights law. SEC. 6. THREE-STRIKES RULE FOR SUSPENDING ATTORNEYS WHO COMMIT MULTIPLE RULE 11 VIOLATIONS. (a) Mandatory Suspension.--Whenever a Federal district court determines that an attorney has violated Rule 11 of the Federal Rules of Civil Procedure, the court shall determine the number of times that the attorney has violated that rule in that Federal district court during that attorney's career. If the court determines that the number is 3 or more, the Federal district court-- (1) shall suspend that attorney from the practice of law in that Federal district court for 1 year; and (2) may suspend that attorney from the practice of law in that Federal district court for any additional period that the court considers appropriate. (b) Appeal; Stay.--An attorney has the right to appeal a suspension under subsection (a). While such an appeal is pending, the suspension shall be stayed. (c) Reinstatement.--To be reinstated to the practice of law in a Federal district court after completion of a suspension under subsection (a), the attorney must first petition the court for reinstatement under such procedures and conditions as the court may prescribe. SEC. 7. PRESUMPTION OF RULE 11 VIOLATION FOR REPEATEDLY RELITIGATING SAME ISSUE. Whenever a party presents to a Federal court a pleading, written motion, or other paper, that includes a claim or defense that the party has already litigated and lost on the merits in any forum in final decisions not subject to appeal on 3 consecutive occasions, and the claim or defense involves the same plaintiff and the same defendant, there shall be a rebuttable presumption that the presentation of such paper is in violation of Rule 11 of the Federal Rules of Civil Procedure. SEC. 8. ENHANCED SANCTIONS FOR DOCUMENT DESTRUCTION IN PENDING FEDERAL COURT PROCEEDINGS. Whoever willfully and intentionally influences, obstructs, or impedes, or attempts to influence, or obstruct, or impede, a pending Federal court proceeding through the willful and intentional destruction of documents sought pursuant to the rules of such Federal court proceeding and highly relevant to that proceeding-- (1) shall be punished with mandatory civil sanctions of a degree commensurate with the civil sanctions available under Rule 11 of the Federal Rules of Civil Procedure, in addition to any other civil sanctions that otherwise apply; and (2) shall be held in contempt of court and, if an attorney, referred to one or more appropriate State bar associations for disciplinary proceedings. SEC. 9. BAN ON CONCEALMENT OF UNLAWFUL CONDUCT. (a) In General.--In any Rule 11 of the Federal Rules of Civil Procedure proceeding, a court may not order that a court record not be disclosed unless the court makes a finding of fact that identifies the interest that justifies the order and determines that that interest outweighs any interest in the public health and safety that the court determines would be served by disclosing the court record. (b) Applicability.--This section applies to any record formally filed with the court, but shall not include any records subject to-- (1) the attorney-client privilege or any other privilege recognized under Federal or State law that grants the right to prevent disclosure of certain information unless the privilege has been waived; or (2) applicable State or Federal laws that protect the confidentiality of crime victims, including victims of sexual abuse. Passed the House of Representatives October 27, 2005. Attest: JEFF TRANDAHL, Clerk.

Lawsuit Abuse Reduction Act of 2005 - (Sec. 2) Amends Rule 11 of the Federal Rules of Civil Procedure (Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions) to: (1) require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently, discretionary); (2) disallow the withdrawal or correction of pleadings to avoid Rule 11 sanctions; (3) require courts to award parties prevailing on Rule 11 motions reasonable expenses and attorney's fees, if warranted; and (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits. (Sec. 3) Makes Rule 11 applicable to state civil actions where the state court determines, upon motion, that an action substantially affects interstate commerce. (Sec. 4) Requires personal injury claims (defined to exclude class actions and personal injury claims brought against a debtor in bankruptcy proceedings) filed in state or federal court to be filed in the county or federal district in which: (1) the person bringing the claim resides at the time of filing or resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the Claim occurred; (3) the defendant's principal place of business is located; or (4) the defendant resides, if the defendant is an individual. Directs the trial court to determine which county or federal district is the most appropriate forum in those situations where the alleged injury occurred in more than one county or district. (Sec. 6) Requires a federal district court to suspend from the practice of law for one year (or for an additional period at the court's discretion) an attorney who is found to have violated Rule 11 three or more times. Grants such attorney a right to appeal a suspension and permits reinstatement after suspension under procedures and conditions prescribed by the court. (Sec. 7) Establishes a rebuttable presumption that an attempt to litigate, in any forum, a claim or defense involving the same plaintiff and defendant that has been litigated and lost on three consecutive prior occasions is a Rule 11 violation. (Sec. 8) Imposes additional sanctions for the willful and intentional destruction of documents sought pursuant to the rules of, and highly relevant to, a federal court proceeding. (Sec. 9) Requires public disclosure of the record of a Rule 11 proceeding unless the presiding judge determines that the interest justifying nondisclosure of the record outweighs any public health and safety interests served by disclosure. Exempts from disclosure records subject to the attorney-client or other recognized privilege, or state or federal laws that protect the confidentiality of crime victims, including victims of sexual abuse.

To amend Rule 11 of the Federal Rules of Civil Procedure to improve attorney accountability, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Election Integrity Act of 2006'' . SEC. 2. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION. (a) Requirement to Provide Photo Identification as Condition of Receiving Ballot.--Section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)) is amended-- (1) in the heading, by striking ``for Voters Who Register by Mail'' and inserting ``for Providing Photo Identification''; and (2) by striking paragraphs (1) through (3) and inserting the following: ``(1) Individuals voting in person.-- ``(A) Requirement to provide identification.-- Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official may not provide a ballot for an election for Federal office to an individual who desires to vote in person unless the individual presents to the official-- ``(i) a government-issued, current, and valid photo identification; or ``(ii) in the case of the regularly scheduled general election for Federal office held in November 2010 and each subsequent election for Federal office, a government- issued, current, and valid photo identification for which the individual was required to provide proof of United States citizenship as a condition for the issuance of the identification. ``(B) Availability of provisional ballot.--If an individual does not present the identification required under subparagraph (A), the individual shall be permitted to cast a provisional ballot with respect to the election under section 302(a), except that the appropriate State or local election official may not make a determination under section 302(a)(4) that the individual is eligible under State law to vote in the election unless the individual presents the identification required under subparagraph (A) to the official not later than 48 hours after casting the provisional ballot. ``(2) Individuals voting other than in person.-- ``(A) In general.--Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes other than in person unless the individual submits with the ballot-- ``(i) a copy of a government-issued, current, and valid photo identification; or ``(ii) in the case of the regularly scheduled general election for Federal office held in November 2010 and each subsequent election for Federal office, a copy of a government-issued, current, and valid photo identification for which the individual was required to provide proof of United States citizenship as a condition for the issuance of the identification. ``(B) Exception for overseas military voters.-- Subparagraph (A) does not apply with respect to a ballot provided by an absent uniformed services voter who, by reason of active duty or service, is absent from the United States on the date of the election involved. In this subparagraph, the term `absent uniformed services voter' has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff--6(1)), other than an individual described in section 107(1)(C) of such Act. ``(3) Specific requirements for identifications.--For purposes of paragraphs (1) and (2)-- ``(A) an identification is `government-issued' if it is issued by the Federal Government or by the government of a State; and ``(B) an identification is one for which an individual was required to provide proof of United States citizenship as a condition for issuance if the identification displays an official marking or other indication that the individual is a United States citizen.''. (b) Conforming Amendments.--Section 303 of such Act (42 U.S.C. 15483) is amended-- (1) in the heading, by striking ``for voters who register by mail'' and inserting ``for providing photo identification''; and (2) in subsection (c), by striking ``subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II)'' and inserting ``subsection (a)(5)(A)(i)(II)''. (c) Clerical Amendment.--The table of contents of such Act is amended by amending the item relating to section 303 to read as follows: ``Sec. 303. Computerized statewide voter registration list requirements and requirements for providing photo identification.''. (d) Effective Date.-- (1) In general.--This section and the amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2008 and each subsequent election for Federal office. (2) Conforming amendment.--Section 303(d)(2) of such Act (42 U.S.C. 15483(d)(2)) is amended to read as follows: ``(2) Requirement to provide photo identification.-- Paragraphs (1) and (2) of subsection (b) shall apply with respect to the regularly scheduled general election for Federal office held in November 2008 and each subsequent election for Federal office.''. SEC. 3. MAKING PHOTO IDENTIFICATIONS AVAILABLE. (a) Requiring States to Make Identification Available.--Section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), as amended by section 2(a)(2), is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6); and (2) by inserting after paragraph (3) the following new paragraph: ``(4) Making photo identifications available.-- ``(A) In general.--During fiscal year 2008 and each succeeding fiscal year, each State shall establish a program to provide photo identifications which may be used to meet the requirements of paragraphs (1) and (2) by individuals who desire to vote in elections held in the State but who do not otherwise possess a government-issued photo identification. ``(B) Identifications provided at no cost to indigent individuals.--If a State charges an individual a fee for providing a photo identification under the program established under subparagraph (A)-- ``(i) the fee charged may not exceed the reasonable cost to the State of providing the identification to the individual; and ``(ii) the State may not charge a fee to any individual who provides an attestation that the individual is unable to afford the fee. ``(C) Identifications not to be used for other purposes.--Any photo identification provided under the program established under subparagraph (A) may not serve as a government-issued photo identification for purposes of any program or function of a State or local government other than the administration of elections.''. (b) Payments to States to Cover Costs.--Subtitle D of title II of such Act (42 U.S.C. 15321 et seq.) is amended by adding at the end the following new part: ``PART 7--PAYMENTS TO COVER COSTS OF PROVIDING PHOTO IDENTIFICATIONS TO INDIGENT INDIVIDUALS ``SEC. 297. PAYMENTS TO COVER COSTS TO STATES OF PROVIDING PHOTO IDENTIFICATIONS FOR VOTING TO INDIGENT INDIVIDUALS. ``(a) Payments to States.--The Commission shall make payments to States to cover the costs incurred in providing photo identifications under the program established under section 303(b)(4) to individuals who are unable to afford the fee that would otherwise be charged under the program. ``(b) Amount of Payment.--The amount of the payment made to a State under this part for any year shall be equal to the amount of fees which would have been collected by the State during the year under the program established under section 303(b)(4) but for the application of section 303(b)(4)(B)(ii), as determined on the basis of information furnished to the Commission by the State at such time and in such form as the Commission may require. ``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for payments under this part such sums as may be necessary for fiscal year 2008 and each succeeding fiscal year.''. (c) Clerical Amendment.--The table of contents of such Act is amended by adding at the end of the item relating to subtitle D of title II the following: ``Part 7--Payments to Cover Costs of Providing Photo Identifications to Indigent Individuals ``Sec. 297. Payments to cover costs to States of providing photo identifications for voting to indigent individuals. ``Sec. 297A. Authorization of appropriations.''. (d) Effective Date.--This section and the amendments made by this section shall take effect October 1, 2007. Passed the House of Representatives September 20, 2006. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on September 19, 2006. The summary of that version is repeated here.) Federal Election Integrity Act of 2006 - (Sec. 2) Amends the Help America Vote Act of 2002 to prohibit the appropriate state or local election official from providing a federal election ballot to an individual who desires to vote in person unless the individual presents to the official: (1) a government-issued, current, and valid photo identification (ID); or (2) for regularly scheduled federal general elections held in November 2010 and subsequent years, a government-issued, current, and valid photo ID for which the individual was required to provide proof of U.S. citizenship as a condition for issuance of the ID. Requires an individual who does not present such an ID to be permitted to cast a provisional ballot in such an election. Requires such individual, however, to present the required ID within 48 hours after casting the provisional ballot, or the appropriate state or local election official may not determine the individual's eligibility to vote. Requires individuals who vote other than in person in a federal election (for example, by mail) to submit a copy of such a photo ID with a ballot, or the appropriate official may not accept the ballot. Exempts from this requirement the absentee ballot of any eligible overseas military voter absent from the United States by reason of active duty or service. (Sec. 3) Requires states to establish a program to provide photo IDs in accordance with this Act to individuals who desire to vote but do not otherwise possess a government-issued photo ID. Provides that, if a state charges a fee for providing such a photo ID, the fee: (1) may not exceed the reasonable cost to the state of providing the ID; and (2) may not be charged to any individual who provides an attestation that the individual is unable to afford the fee. Prohibits the use of any such photo IDs for any state or local government program or function other than election administration. Requires the Election Assistance Commission to make payments to states to cover the costs incurred in providing photo IDs to individuals unable to afford the fee that would otherwise be charged. Authorizes appropriations for FY2008 and following fiscal years.

To amend the Help America Vote Act of 2002 to require each individual who desires to vote in an election for Federal office to provide the appropriate election official with a government-issued photo identification, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Hospitals Education and Research Act of 1999''. SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS. (a) Payments.-- (1) In general.--The Secretary shall make payments under this section to each children's hospital for each hospital cost reporting period under the medicare program beginning in or after fiscal year 2000 and before fiscal year 2004 for the-- (A) direct expenses associated with operating approved medical residency training programs; and (B) indirect expenses associated with the treatment of more severely ill patients and the additional costs related to the teaching of residents. (2) Payment amounts.--Subject to paragraph (3), the following amounts shall be payable under this section to a children's hospital for a cost reporting period described in paragraph (1): (A) Direct expenses.--The amount determined under subsection (b) for direct expenses described in paragraph (1)(A). (B) Indirect expenses.--The amount determined under subsection (c) for indirect expenses described in paragraph (1)(B) (3) Capped amount.-- (A) In general.--The payments to children's hospitals established in this subsection for cost reporting periods ending in any fiscal year shall not exceed the funds appropriated under subsection (e) for that fiscal year. (B) Pro rata reductions of payments for direct expenses.--If the Secretary determines that the amount of funds appropriated under subsection (e)(1) for cost reporting periods ending in any fiscal year is insufficient to provide the total amount of payments otherwise due for such periods, the Secretary shall reduce each of the amounts payable under this section pursuant to paragraph (2)(A) for such period on a pro rata basis to reflect such shortfall. (b) Amount of Payment for Direct Medical Education.-- (1) In general.--The amount determined under this subsection for payments to a children's hospital for direct expenses relating to approved medical residency training programs for a cost reporting period beginning in or after fiscal year 2000 and before fiscal year 2004 is equal to the product of-- (A) the updated per resident amount for direct medical education, as determined under paragraph (2), for the cost reporting period; and (B) the number of full-time equivalent residents in the hospital's approved medical residency training programs (as determined under section 1886(h)(4) of the Social Security Act (42 U.S.C. 1395ww(h)(4))) for the cost reporting period. (2) Updated per resident amount for direct medical education.--The updated per resident amount for direct medical education for a hospital for a cost reporting period ending in a fiscal year is an amount equal to the per resident amount for cost reporting periods ending during fiscal year 1999 for the hospital involved (as determined by the Secretary using the methodology described in section 1886(h)(2)(E)) of such Act (42 U.S.C. 1395ww(h)(2)(E))) increased by the percentage increase in the Consumer Price Index for All Urban Consumers (United States city average) from fiscal year 1999 through the fiscal year involved. (c) Amount of Payment for Indirect Medical Education.-- (1) In general.--The amount determined under this subsection for payments to a children's hospital for indirect expenses associated with the treatment of more severely ill patients and the additional costs related to the teaching of residents for a cost reporting period beginning in or after fiscal year 2000 and before fiscal year 2004 is equal to an amount determined appropriate by the Secretary. (2) Factors.--In determining the amount under paragraph (1), the Secretary shall-- (A) take into account variations in case mix among children's hospitals and the number of full-time equivalent residents in the hospitals' approved medical residency training programs for the cost reporting period; and (B) assure that the aggregate of the payments for indirect expenses associated with the treatment of more severely ill patients and the additional costs related to the teaching of residents under this section in a fiscal year are equal to the amount appropriated for such expenses in such year under subsection (e)(2). (d) Making of Payments.-- (1) Interim payments.--The Secretary shall estimate, before the beginning of each cost reporting period for a hospital for which the payments may be made under this section, the amounts of the payments for such period and shall (subject to paragraph (2)) make the payments of such amounts in 26 equal interim installments during such period. (2) Withholding.--The Secretary shall withhold up to 25 percent from each interim installment paid under paragraph (1). (3) Reconciliation.--At the end of each such period, the hospital shall submit to the Secretary such information as the Secretary determines to be necessary to determine the percent (if any) of the total amount withheld under paragraph (2) that is due under this section for the hospital for the period. Based on such determination, the Secretary shall recoup any overpayments made, or pay any balance due. The amount so determined shall be considered a final intermediary determination for purposes of applying section 1878 of the Social Security Act (42 U.S.C. 1395oo) and shall be subject to review under that section in the same manner as the amount of payment under section 1886(d) of such Act (42 U.S.C. 1395ww(d)) is subject to review under such section. (e) Limitation on Expenditures.-- (1) Direct medical education.-- (A) In general.--Subject to subparagraph (B), there are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for payments under this section for direct expenses relating to approved medical residency training programs for cost reporting periods beginning in-- (i) fiscal year 2000, $35,000,000; (ii) fiscal year 2001, $95,000,000; (iii) fiscal year 2002, $95,000,000; and (iv) fiscal year 2003, $95,000,000. (B) Carryover of excess.--If the amount of payments under this section for cost reporting periods beginning in fiscal year 2000, 2001, or 2002 is less than the amount provided under this paragraph for such payments for such periods, then the amount available under this paragraph for cost reporting periods beginning in the following fiscal year shall be increased by the amount of such difference. (2) Indirect medical education.--There are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for payments under this section for indirect expenses associated with the treatment of more severely ill patients and the additional costs related to the teaching of residents for cost reporting periods beginning in-- (A) fiscal year 2000, $65,000,000; (B) fiscal year 2001, $190,000,000; (C) fiscal year 2002, $190,000,000; and (D) fiscal year 2003, $190,000,000. (f) Relation to Medicare and Medicaid Payments.--Notwithstanding any other provision of law, payments under this section to a hospital for a cost reporting period-- (1) are in lieu of any amounts otherwise payable to the hospital under section 1886(h) or 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(h); 1395ww(d)(5)B)) to the hospital for such cost reporting period, but (2) shall not affect the amounts otherwise payable to such hospitals under a State medicaid plan under title XIX of such Act (42 U.S.C. 1396 et seq.). (g) Definitions.--In this section: (1) Approved medical residency training program.--The term ``approved medical residency training program'' has the meaning given such term in section 1886(h)(5)(A) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(A)). (2) Children's hospital.--The term ``children's hospital'' means a hospital described in section 1886(d)(1)(B)(iii) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(iii)). (3) Direct graduate medical education costs.--The term ``direct graduate medical education costs'' has the meaning given such term in section 1886(h)(5)(C) of the Social Security Act (42 U.S.C. 1395ww(h)(5)(C)). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Children's Hospitals Education and Research Act of 1999 - Directs the Secretary of Health and Human Services to make payment as specified to each children's hospital for each hospital cost reporting period under Medicare (title XVIII of the Social Security Act (SSA)) from FY 2000 through FY 2003 for the direct and indirect expenses associated with operating approved medical residency training programs. Provides that such payments are in lieu of certain Medicare payments to hospitals for inpatient hospital services, but shall not affect the amounts otherwise payable to such hospitals under a State Medicaid (SSA title XIX) plan. Makes appropriations.

Children's Hospitals Education and Research Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Stock Ownership Plan Promotion and Improvement Act of 2004''. SEC. 2. DISTRIBUTIONS BY AN S CORPORATION TO AN EMPLOYEE STOCK OWNERSHIP PLAN. (a) In General.--Section 1368 of the Internal Revenue Code of 1986 (relating to distributions) is amended by adding at the end the following new subsection: ``(f) Distributions by an S Corporation to an Employee Stock Ownership Plan.--Any distribution described in subsection (a) to an employee stock ownership plan (as defined in section 4975(e)(7)) shall be treated as a dividend under section 404(k)(2)(A).''. (b) Technical Amendment.--Section 404(a)(9)(C) of the Internal Revenue Code of 1986 (relating to S corporations) is amended to read as follows: ``(C) S corporations.--The deduction provided in this paragraph shall not apply to an S corporation.''. (c) Effective Date.--The amendments made by this section shall apply to distributions received after December 31, 1998. (d) Waiver of Limitations.--If refund or credit of any overpayment of tax resulting from the application of the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. SEC. 3. ESOP DIVIDEND EXCEPTION TO ADJUSTMENTS BASED ON ADJUSTED CURRENT EARNINGS. (a) In General.--Section 56(g)(4)(C) of the Internal Revenue Code of 1986 (relating to disallowance of items not deductible in computing earnings and profits) is amended by adding at the end the following new clause: ``(v) Treatment of esop dividends.--Clause (i) shall not apply to any deduction allowable under section 404(k) if the deduction is allowed for dividends paid on employer securities held by an employee stock ownership plan established or authorized to be established before March 15, 1991.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1989. (c) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the application of the amendment made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. SEC. 4. AMENDMENTS RELATED TO SECTION 1042. (a) Deferral of Tax for Certain Sales to Employee Stock Ownership Plan Sponsored by S Corporation.-- (1) In general.--Section 1042(c)(1)(A) of the Internal Revenue Code of 1986 (defining qualified securities) is amended by striking ``C''. (2) Effective date.--The amendment made by paragraph (1) shall apply to sales after the date of the enactment of this Act. (b) Reinvestment in Certain Mutual Funds Permitted.-- (1) In general.--Clause (ii) of section 1042(c)(4)(B) of the Internal Revenue Code of 1986 (defining operating corporation) is amended to read as follows: ``(ii) Financial institutions, insurance companies, and mutual funds.--The term `operating corporation' shall include-- ``(I) any financial institution described in section 581, ``(II) any insurance company subject to tax under subchapter L, and ``(III) any regulated investment company if substantially all of the securities held by such company are securities issued by operating corporations (determined without regard to this subclause).''. (2) Effective date.--The amendment made by paragraph (1) shall apply to sales of qualified securities after the date of the enactment of this Act. (c) Modification to 25-Percent Shareholder Rule.-- (1) In general.--Subparagraph (B) of section 409(n)(1) of the Internal Revenue Code of 1986 (relating to securities received in certain transactions) is amended to read as follows: ``(B) for the benefit of any other person who owns (after the application of section 318(a)) more than 25 percent of-- ``(i) the total combined voting power of all classes of stock of the corporation which issued such employer securities or of any corporation which is a member of the same controlled group of corporations (within the meaning of subsection (l)(4)) as such corporation, or ``(ii) the total value of all classes of stock of any such corporation.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act. SEC. 5. EARLY DISTRIBUTIONS FROM EMPLOYEE STOCK OWNERSHIP PLANS FOR HIGHER EDUCATION EXPENSES AND FIRST-TIME HOMEBUYER PURCHASES. (a) In General.--Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph: ``(G) Distributions from employee stock ownership plans for higher education expenses and first-time homebuyer purchases.-- ``(i) In general.--Distributions made to the employee from an employee stock ownership plan (within the meaning of section 4975(e)(7)), the amount of which does not exceed the sum of-- ``(I) qualified higher education expenses (as defined by paragraph (7)) reduced by the amount of such expenses taken into account under subparagraph (E), and ``(II) qualified first-time homebuyer distributions (as defined by paragraph (8)) reduced by the amount of such distributions taken into account under subparagraph (F). ``(ii) Limitation.--A distribution may only be taken into account under clause (i) if-- ``(I) such distribution is in the form of either employer securities (within the meaning of section 409(l)) or cash proceeds resulting from the sale of such securities made not more than 180 days before the date of such distribution for the purposes of such distribution, ``(II) such securities so distributed or sold were held by such plan for at least 5 years before the date of such distribution or, if applicable, sale, and ``(III) the number of shares in each class of such securities so distributed or sold, when added to all previous distributions and sales of each such class of such securities for such purposes on behalf of such employee, does not exceed 10 percent of the aggregate number of shares of each class of such securities allocated to the account of such employee under such plan. ``(iii) Valuation of distributed securities.--For purposes of clause (ii), the value of a security shall be the value of such security on the date of distribution.''. (b) Conforming Amendments.-- (1) Paragraph (7) of section 72(t) of such Code is amended by striking ``paragraph (2)(E)'' and inserting ``subparagraphs (E) and (G) of paragraph (2)''. (2) Paragraph (8) of section 72(t) of such Code is amended by striking ``paragraph (2)(F)'' and inserting ``subparagraphs (F) and (G) of paragraph (2)''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act.

Employee Stock Ownership Plan Promotion and Improvement Act of 2004 - Amends the Internal Revenue Code to: (1) treat certain distributions by S corporations to an employee stock ownership plan (ESOP) as deductible dividends; (2) exempt deductions for ESOP dividends from corporate alternative minimum tax adjustments based on adjusted earnings and profits; (3) allow deferral of the recognition of gain for certain sales to ESOP's sponsored by any domestic corporation, including S corporations; (4) allow reinvestment of ESOP stock proceeds eligible for nonrecognition of gain in certain mutual funds; (5) modify certain ESOP stock ownership rules; and (6) allow early distributions from an ESOP for higher education expenses and first-time homebuyer purchases without penalty.

A bill to amend the Internal Revenue Code of 1986 to improve the operation of employee stock ownership plans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pinnacles National Park Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Pinnacles National Monument was established by Presidential Proclamation 796 on January 16, 1908, for the purposes of protecting its rock formations, and expanded by Presidential Proclamation 1660 of May 7, 1923; Presidential Proclamation 1704 of July 2, 1924; Presidential Proclamation 1948 of April 13, 1931; Presidential Proclamation 2050 of July 11, 1933; Presidential Proclamation 2528 of December 5, 1941; Public Law 94-567; and Presidential Proclamation 7266 of January 11, 2000. (2) While the extraordinary geology of Pinnacles National Monument has attracted and enthralled visitors for well over a century, the expanded Monument now serves a critical role in protecting other important natural and cultural resources and ecological processes. This expanded role merits recognition through legislation. (3) Pinnacles National Monument provides the best remaining refuge for floral and fauna species representative of the central California coast and Pacific coast range, including 32 species holding special Federal or State status, not only because of its multiple ecological niches but also because of its long-term protected status with 14,500 acres of Congressionally designated wilderness. (4) Pinnacles National Monument encompasses a unique blend of California heritage from prehistoric and historic Native Americans to the arrival of the Spanish, followed by 18th and 19th century settlers, including miners, cowboys, vaqueros, ranchers, farmers, and homesteaders. (5) Pinnacles National Monument is the only National Park System site within the ancestral home range of the California Condor. The reintroduction of the condor to its traditional range in California is important to the survival of the species, and as a result, the scientific community with centers at the Los Angeles Zoo and San Diego Zoo in California and Buenos Aires Zoo in and Argentina looks to Pinnacles National Monument as a leader in California Condor recovery, and as an international partner for condor recovery in South America. (6) The preservation, enhancement, economic and tourism potential and management of the central California coast and Pacific coast range's important natural and cultural resources requires cooperation and partnerships among local property owners, Federal, State, and local government entities and the private sector. SEC. 3. ESTABLISHMENT OF PINNACLES NATIONAL PARK. (a) Establishment and Purpose.--There is hereby established Pinnacles National Park in the State of California for the purposes of-- (1) preserving and interpreting for the benefit of future generations the chaparral, grasslands, blue oak woodlands, and majestic valley oak savanna ecosystems of the area, the area's geomorphology, riparian watersheds, unique flora and fauna, and the ancestral and cultural history of native Americans, settlers and explorers; and (2) interpreting the recovery program for the California Condor and the international significance of the program. (b) Boundaries.--The boundaries of Pinnacles National Park are as generally depicted on the map entitled ``Pinnacles National Park Proposed Designation Change'', numbered 114/80,100, and dated April 2008. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Abolishment of Current Pinnacles National Monument.-- (1) In general.--In light of the establishment of Pinnacles National Park, Pinnacles National Monument is hereby abolished and the lands and interests therein are incorporated within and made part of Pinnacles National Park. Any funds available for purposes of the monument shall be available for purposes of the park. (2) References.--Any references in law (other than in this Act), regulation, document, record, map or other paper of the United States to Pinnacles National Monument shall be considered a reference to Pinnacles National Park. (d) Administration.--The Secretary of the Interior shall administer Pinnacles National Park in accordance with this Act and laws generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1, 2-4). (e) Land Acquisition.--The Secretary of the Interior may acquire land or interests in land within the boundaries of Pinnacles National Park by purchase from a willing seller with donated or appropriated funds, donation, or exchange. SEC. 4. REDESIGNATION OF PINNACLES WILDERNESS AS HAIN WILDERNESS AND EXPANSION OF WILDERNESS. (a) Redesignation.--Subsection (i) of the first section of Public Law 94-567 (90 Stat. 2693; 16 U.S.C. 1132 note) is amended by striking ``Pinnacles Wilderness'' and inserting ``Hain Wilderness''. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Pinnacles Wilderness shall be deemed to be a reference to the Hain Wilderness. (b) Expansion.--Certain lands comprising approximately 2,905 acres, as generally depicted on a map entitled ``Proposed Wilderness Additions to the Proposed Pinnacles National Park'' and dated April 16, 2008, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System and are hereby incorporated in and shall be deemed to be a part of the Hain Wilderness, as redesignated by subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

Pinnacles National Park Act - Establishes Pinnacles National Park in California to: (1) preserve and interpret for the benefit of future generations the chaparral, grasslands, blue oak woodlands, and majestic valley oak savanna ecosystems of the park's area, the areas's geomorphology, riparian watersheds, unique flora and fauna, and the ancestral and cultural history of native Americans, settlers and explorers; and (2) interpret the recovery program for the California Condor and the international significance of that program. Abolishes Pinnacles National Monument and includes the lands and interests therein in Pinnacles National Park. Redesignates the Pinnacles Wilderness as the Hain Wilderness. Designates specified lands comprising approximately 2,905 acres as wilderness and as a component of the National Wilderness Preservation System. Deems such lands as being part of the Hain Wilderness.

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

SECTION 1. SHORT TITLE. This title may be cited as the ``Commission on the Year 2000 Computer Problem Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (a) The Congress of the United States recognizes the existence of a severe computer problem that may have extreme negative economic and national security consequences in the year 2000 and beyond. (b) Most computer programs (particularly in mainframes) in both the public and private sector express dates with only two digits and assume the first two digits are ``19'', and that therefore most programs read 00-01-01 as January 1, 1900; and that these programs will not recognize the year 2000 or the 21st century without a massive rewriting of codes. (c) The Congressional Research Service (CRS) has completed a report on the implications of the ``Year 2000 Computer Problem'' and according to CRS, each line of computer code will need to be analyzed and either passed on or be rewritten and this worldwide problem could cost as much as $600 billion to repair. We recognize that no small share of the American burden will fall on the shoulders of the Federal Government and on State and local governments. (d) Six issues need to be addressed: (1) An analysis of the history and background concerning the reasons for the occurance of the Year 2000 problem. (2) The cost of reviewing and rewriting codes for both the Federal and State Governments over the next three years, including a legal analysis of responsibilities for such costs and possible equitable bases for sharing them. (3) The time it will take to get the job done and, if not by 2000, what agencies are at risk of not being able to perform basic services. (4) The development of balanced and sound contracts with the computer industry available for use by Federal agencies, and if such outside contractual assistance is needed, to assist such agencies in contracting for and effectuating Year 2000 compliance for current computer programs and systems as well to ensure Year 2000 compliance for all programs and systems acquired in the future. (5) An analysis of what happens to the United States economy if the problem is not resolved by mid- 1999. (6) Recommendations to the President and the Congress concerning lessons to be learned and policies and actions to be taken in the future to minimize the Year 2000 public and private sector costs and risks. (e) The Congress recognizes that an Executive Branch Interagency Committee has been established to raise awareness of this problem and facilitate efforts at solving it; but that in order to best minimize the impact and cost of this problem, and recognizing the extreme urgency of this problem, this bipartisan commission will be established to both address these issues and take responsibility for assuring that all Federal agencies be computer compliant by January 1, 1999. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) There is established a commission to be known as the ``National Commission on the Year 2000 Computer Problem'' (hereinafter in this section referred to as the ``Commission''). The Commission shall be composed of fifteen members appointed or designated by the President and selected as follows: (1) Five members selected by the President from among officers or employees of the Executive Branch, private citizens of the United States, or both. Not more than three of the members selected by the President shall be members of the same political party. (2) Five members selected by the President Pro Tempore of the Senate, in consultation with the majority and minority leaders, from among officers or employers of the Senate, private citizens of the United States, or both. Not more than three of the members selected by the President Pro Tempore shall be members of the same political party. (3) Five members selected by the Speaker of the House of Representatives, in consultation with the majority and minority leaders, from among Members of the House, private citizens of the United States, or both. Not more than three of the members selected by the Speaker shall be members of the same political party. (b) The President shall designate a Chairman from among the members of the Commission. SEC. 4. FUNCTION OF COMMISSION. (a) It shall be the function of the Commission to conduct a study on the historical, current and long term condition of computer programs as they relate to date fields and the year 2000; identify problems that threaten the proper functions of computers as the public and private sectors approach the 21st Century; analyze potential solutions to such problems that will address the brief time there remains to meet this problem, the substantial cost of reviewing and rewriting codes, and the shared responsibilities for such costs; and provide appropriate recommendations (including potential balanced and sound contracts with the computer industry available for use by Federal agencies) to the Secretary of the Defense (as this is a matter of National Security), the President and the Congress. (B) The Commission shall submit to Congress a final report containing such recommendations concerning the Year 2000 Computer problem; including proposing new procedures, rules, regulations, or legislation that is needed to ensure the proper transition of the computers of the Federal Government and local and State governments from the year 1999 to the year 2000. (C) The Commission shall make its report to the President by December 31, 1997. SEC. 5. ADMINISTRATION. (a) The heads of Executive Agencies shall, to the extent permitted by law, provide the Commission such information as it may require for the purpose of carrying out its functions. (b) Members of the Commission shall serve without any additional compensation for their work on the Commission. (c) Travel Expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses including per diem in lieu of substance, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (d) The Commission shall have a staff headed by an Executive Director. Any expenses of the Commission shall be paid from such funds as may be available to the Secretary of Defense. SEC. 6. TERMINATION. (a) The Commission, and all the authorities of this title, shall terminate thirty days after submitting its report.

Commission on the Year 2000 Computer Problem Act - Establishes the National Commission on the Year 2000 Computer Problem to identify problems and recommend possible solutions with respect to the proper transition of private and public sector computers from the year 1999 to the year 2000.

Commission on the Year 2000 Computer Problem Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Trade With Cuba Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) with the end of the Cold War and the collapse of the Soviet Union, Cuba is no longer a threat to the United States or the Western Hemisphere; (2) the continuation of the embargo on trade between the United States and Cuba that was declared in February of 1962 is counterproductive, adding to the hardships of the Cuban people while making the United States the scapegoat for the failures of the communist system; (3) in the former Soviet Union, the Eastern bloc countries, China, and Vietnam, the United States is using economic, cultural, academic, and scientific engagement to support its policy of promoting democratic and human rights reforms; and (4) the United States can best support democratic change in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges. SEC. 3. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS WITH CUBA. (a) Authority for Embargo and Sugar Quota.--Section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed. (b) Trading With the Enemy Act.--The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act, which were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared by the President before that date, and are being exercised on the day before the effective date of this Act, may not be exercised on or after such effective date with respect to Cuba. Any regulations in effect on the day before such effective date pursuant to the exercise of such authorities, shall cease to be effective on such date. (c) Exercise of Authorities Under Other Provisions of Law.-- (1) Removal of prohibitions.--Any prohibition on exports to Cuba that is in effect on the day before the effective date of this Act under the Export Administration Act of 1979 shall cease to be effective on such effective date. (2) Authority for new restrictions.--The President may, on and after the effective date of this Act-- (A) impose export controls with respect to Cuba under section 5, 6(j), 6(l), or 6(m) of the Export Administration Act of 1979, and (B) exercise the authorities he has under the International Emergency Economic Powers Act with respect to Cuba pursuant to a declaration of national emergency required by that Act that is made on account of an unusual and extraordinary threat, that did not exist before the enactment of this Act, to the national security, foreign policy, or economy of the United States. (d) Cuban Democracy Act.--The Cuban Democracy Act (title XVII of Public Law 102-484) is repealed. (e) Termination of Denial of Foreign Tax Credit With Respect to Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code of 1986 (relating to denial of foreign tax credit, etc., with respect to certain foreign countries) is amended by adding at the end thereof the following new flush sentence: ``Notwithstanding the preceding sentence, this subsection shall not apply to Cuba after the date which is 60 days after the date of the enactment of this sentence.''. SEC. 4. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES. Any common carrier within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153) is authorized to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. The authority of this section includes the authority to upgrade facilities and equipment. SEC. 5. TRAVEL. (a) In General.--Travel to and from Cuba by individuals who are citizens or residents of the United States, and any transactions ordinarily incident to such travel, may not be regulated or prohibited if such travel would be lawful in the United States. (b) Transactions Incident to Travel.--Any transactions ordinarily incident to travel which may not be regulated or prohibited under subsection (a) include, but are not limited to-- (1) transactions ordinarily incident to travel or maintenance in Cuba; and (2) normal banking transactions involving foreign currency drafts, traveler's checks, or other negotiable instruments incident to such travel. SEC. 6. DIRECT MAIL DELIVERY TO CUBA. The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter providers. SEC. 7. NEGOTIATIONS WITH CUBA. (a) Negotiations.--The President should take all necessary steps to conduct negotiations with the Government of Cuba-- (1) for the purpose of settling claims of nationals of the United States against the Government of Cuba for the taking of property by such government; and (2) for the purpose of securing the protection of internationally recognized human rights. (b) Definitions.--As used in this section, the terms ``national of the United States'' and ``property'' have the meanings given those terms in section 502 of the International Claims Settlement Act of 1949 (22 U.S.C. 1643a). SEC. 8. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act.

Free Trade With Cuba Act - Amends the Foreign Assistance Act of 1961 to repeal the embargo on trade with Cuba. (Sec. 3) Prohibits the exercise by the President with respect to Cuba of certain authorities conferred by the Trading With the Enemy Act and exercised on July 1, 1977, as a result of a specified national emergency. Declares that any prohibition on exports to Cuba under the Export Administration Act of 1979 shall cease to be effective. Authorizes the President to impose export controls with respect to Cuba and exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security that did not exist before enactment of this Act. Repeals the Cuban Democracy Act. Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to Cuba. (Sec. 4) Authorizes common carriers to install, maintain, and repair telecommunications equipment and facilities in Cuba, and otherwise provide telecommunications services between the United States and Cuba. (Sec. 5) Prohibits regulation or banning of travel to and from Cuba by U.S. citizens or residents, or of any transactions incident to travel. (Sec. 6) Directs the U.S. Postal Service to provide direct mail service to and from Cuba. (Sec. 7) Urges the President to take all necessary steps to conduct negotiations with the Government of Cuba to: (1) settle claims of U.S. nationals against Cuba for the taking of property; and (2) secure protection of internationally recognized human rights.

Free Trade With Cuba Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kendell Frederick Citizenship Assistance Act''. SEC. 2. WAIVER OF REQUIREMENT FOR FINGERPRINTS FOR MEMBERS OF THE ARMED FORCES. Notwithstanding any other provision of law or any regulation, the Secretary of Homeland Security shall use the fingerprints provided by an individual at the time the individual enlists in the Armed Forces to satisfy any requirement for fingerprints as part of an application for naturalization if the individual-- (1) may be naturalized pursuant to section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439 or 1440); (2) was fingerprinted in accordance with the requirements of the Department of Defense at the time the individual enlisted in the Armed Forces; and (3) submits an application for naturalization not later than 12 months after the date the individual enlisted in the Armed Forces. SEC. 3. PROVISION OF INFORMATION ON NATURALIZATION TO MEMBERS OF THE ARMED FORCES. (a) Citizenship Advocate.--The Secretary of Defense shall establish the position of Citizenship Advocate at each Military Entry Processing Station to provide information and assistance related to the naturalization process to members of the Armed Forces. An individual serving as a Citizenship Advocate may be a civilian. (b) Written Materials.--The Secretary of Defense shall ensure that written information describing the naturalization process for members of the Armed Forces is provided to each individual who is not a citizen of the United States at the time that the individual enlists in the Armed Forces. (c) Telephone Hot Line.--The Secretary of Homeland Security shall-- (1) establish a dedicated toll free telephone service available only to members of the Armed Forces and the families of such members to provide information related to naturalization pursuant to section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439 or 1440), including the status of an application for such naturalization; (2) ensure that the telephone service required by paragraph (1) is operated by employees of the Department of Homeland Security who-- (A) have received specialized training on the naturalization process for members of the Armed Forces and the families of such members; and (B) are physically located in the same unit as the military processing unit that adjudicates applications for naturalization pursuant to such section 328 or 329; and (3) implement a quality control program to monitor, on a regular basis, the accuracy and quality of information provided by the employees who operate the telephone service required by paragraph (1), including the breadth of the knowledge related to the naturalization process of such employees. SEC. 4. PROVISION OF INFORMATION ON NATURALIZATION TO THE PUBLIC. Not later than 30 days after the date that a modification to any law or regulation related to the naturalization process becomes effective, the Secretary of Homeland Security shall update the appropriate application form for naturalization, the instructions and guidebook for obtaining naturalization, and the Internet website maintained by the Secretary of Homeland Security to reflect such modification. SEC. 5. REPORTS. (a) Adjudication Process.--Not later than 120 days 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 entire process for the adjudication of an application for naturalization filed pursuant to section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439 or 1440), including the process that begins at the time the application is mailed to, or received by, the Secretary of Homeland Security, regardless of whether the Secretary determines that such application is complete, through the final disposition of such application. Such report shall include a description of-- (1) the methods of the Secretary of Homeland Security and the Secretary of Defense to prepare, handle, and adjudicate such applications; (2) the effectiveness of the chain of authority, supervision, and training of employees of the Government or of other entities, including contract employees, who have any role in such process or adjudication; and (3) the ability of the Secretary of Homeland Security and the Secretary of Defense to use technology to facilitate or accomplish any aspect of such process or adjudication. (b) Implementation.-- (1) Study.--The Comptroller General of the United States shall conduct a study on the implementation of this Act by the Secretary of Homeland Security and the Secretary of Defense, including studying any technology that may be used to improve the efficiency of the naturalization process for members of the Armed Forces. (2) Report.--Not later than 180 days after the date that the Comptroller General submits the report required by subsection (a), the Comptroller General shall submit to the appropriate congressional committees a report on the study required by paragraph (1). The report shall include any recommendations of the Comptroller General for improving the implementation of this Act by the Secretary of Homeland Security or the Secretary of Defense. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services and the Committee on the Judiciary of the Senate; and (2) the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives.

Kendell Frederick Citizenship Assistance Act - Directs the Secretary of Homeland Security to use the fingerprints provided by an individual at the time of military enlistment to satisfy any fingerprint requirements as part of an application for naturalization if the individual: (1) may be naturalized under provisions of the Immigration and Nationality Act; (2) was fingerprinted in accordance with requirements of the Department of Defense (DOD) at the time of enlistment; and (3) submits an application for naturalization within 12 months after the date of enlistment. Requires the Secretary of Defense to establish the position of Citizenship Advocate at each military entry processing station to provide information and assistance to members of the Armed Forces on the naturalization process. Requires the Secretary of Homeland Security to: (1) establish a toll-free naturalization assistance telephone number available only to members and their families; and (2) after any modification of naturalization laws, update the appropriate application form, instructions and guidebook, and Internet website to reflect such modification. Directs the Comptroller General to: (1) report to the congressional defense and judiciary committees on the entire process for adjudication of an application for naturalization; and (2) conduct a study on the implementation of this Act by the Secretaries of Homeland Security and Defense.

A bill to assist members of the Armed Forces in obtaining United States citizenship, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Suicide Hotline Improvement Act of 2017''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Commission'' means the Federal Communications Commission; (2) the term ``covered dialing code'' means a simple, easy- to-remember, 3-digit dialing code; and (3) the term ``N11 dialing code'' means an abbreviated dialing code consisting of 3 digits, of which-- (A) the first digit may be any digit other than ``1'' or ``0''; and (B) each of the last 2 digits is ``1''. SEC. 3. STUDIES AND REPORTS. (a) Primary Study.-- (1) In general.--The Commission, in coordination with the Assistant Secretary for Mental Health and Substance Use and the Secretary of Veterans Affairs, shall conduct a study that-- (A) examines the feasibility of designating an N11 dialing code or other covered dialing code to be used for a national suicide prevention and mental health crisis hotline system; and (B) analyzes the effectiveness of the National Suicide Prevention Lifeline as of the date on which the study is initiated, including how well the lifeline is working to address the needs of veterans. (2) Requirements.-- (A) Commission.--In conducting the study under paragraph (1), the Commission shall-- (i) consider-- (I) each of the N11 dialing codes, including the codes that are used for other purposes; and (II) other covered dialing codes; (ii) consult with the North American Numbering Council; and (iii) review the information provided by the Assistant Secretary for Mental Health and Substance Use and the Secretary of Veterans Affairs under subparagraphs (B) and (C), respectively, of this paragraph. (B) SAMHSA study and report to assist commission.-- To assist the Commission in conducting the study under paragraph (1), the Assistant Secretary for Mental Health and Substance Use shall analyze and, not later than 180 days after the date of enactment of this Act, report to the Commission on-- (i) the potential impact of the designation of an N11 dialing code, or other covered dialing code, for a suicide prevention and mental health crisis hotline system on-- (I) suicide prevention; (II) crisis services; and (III) other suicide prevention and mental health crisis hotlines, including-- (aa) the National Suicide Prevention Lifeline; and (bb) the Veterans Crisis Line; and (ii) possible recommendations for improving the National Suicide Prevention Lifeline generally, which may include-- (I) increased public education and awareness; and (II) improved infrastructure and operations. (C) VA study and report to assist commission.--To assist the Commission in conducting the study under paragraph (1), the Secretary of Veterans Affairs shall study and, not later than 180 days after the date of enactment of this Act, report to the Commission on how well the National Suicide Prevention Lifeline and the Veterans Crisis Line, as in effect on the date on which the study is initiated, is working to address the needs of veterans. (b) Primary Commission Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary for Mental Health and Substance Use and the Secretary of Veterans Affairs, shall submit a report on the study conducted under subsection (a) that recommends whether a particular N11 dialing code or other covered dialing code should be used for a national suicide prevention and mental health crisis hotline system to-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; and (C) the Committee on Energy and Commerce of the House of Representatives. (2) Additional contents.--If the report submitted by the Commission under paragraph (1) recommends that a dialing code should be used, the report shall also-- (A) outline the logistics of designating such a dialing code; (B) estimate the costs associated with designating such a dialing code, including-- (i) the costs incurred by service providers, including-- (I) translation changes in the network; and (II) cell site analysis and reprogramming by wireless carriers; and (ii) the costs incurred by States and localities; (C) provide recommendations for designating such a dialing code; (D) provide a cost-benefit analysis comparing the recommended dialing code with the National Suicide Prevention Lifeline, as in effect on the date on which the report is submitted; and (E) make other recommendations, as appropriate, for improving the National Suicide Prevention Lifeline generally, which may include-- (i) increased public education and awareness; and (ii) improved infrastructure and operations. Passed the Senate November 7, 2017. Attest: JULIE E. ADAMS, Secretary.

National Suicide Hotline Improvement Act of 2017 (Sec. 3) This bill requires the Federal Communications Commission (FCC) to coordinate with the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Department of Veterans Affairs (VA) to examine: (1) the feasibility of designating a three-digit dialing code for a national suicide prevention and mental health crisis hotline system; and (2) the effectiveness of the National Suicide Prevention Lifeline (1-800-273-TALK), including how well it addresses the needs of veterans. SAMHSA must report to the FCC: (1) the potential impact of a designated dialing code on suicide prevention, crisis services, and other suicide prevention and mental health crisis hotlines; and (2) recommendations for improving the National Suicide Prevention Lifeline.   The VA must report to the FCC about how well the National Suicide Prevention Lifeline and the Veterans Crisis Line are working to address the needs of veterans. The FCC must report to Congress whether it recommends a dialing code, a cost-benefit analysis comparing the three-digit code to the current lifeline number, and cost estimates for service providers, states, and localities.

National Suicide Hotline Improvement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Television Improvement Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Television is seen and heard in nearly every American home and is a uniquely pervasive presence in the daily lives of Americans. The average American home has 2.5 televisions, and a television is turned on in the average American home 7 hours every day. (2) Television plays a particularly significant role in the lives of children. Recent figures provided by Nielsen Research show that children between the ages of 2 years and 11 years spend an average of 21 hours in front of a television each week. (3) Television has an enormous capability to influence perceptions, especially those of children, of the values and behaviors that are common and acceptable in society. (4) The influence of television is so great that its images and messages often can be harmful to the development of children. Social science research amply documents a strong correlation between the exposure of children to televised violence and a number of behavioral and psychological problems. (5) Hundreds of studies have proven conclusively that children who are consistently exposed to violence on television have a higher tendency to exhibit violent and aggressive behavior, both as children and later in life. (6) Such studies also show that repeated exposure to violent programming causes children to become desensitized to and more accepting of real-life violence and to grow more fearful and less trusting of their surroundings. (7) A growing body of social science research indicates that sexual content on television can also have a significant influence on the attitudes and behaviors of young viewers. This research suggests that heavy exposure to programming with strong sexual content contributes to the early commencement of sexual activity among teenagers. (8) Members of the National Association of Broadcasters (NAB) adhered for many years to a comprehensive code of conduct that was based on an understanding of the influence exerted by television and on a widely held sense of responsibility for using that influence carefully. (9) This code of conduct, the Television Code of the National Association of Broadcasters, articulated this sense of responsibility as follows: (A) ``[I]n selecting program subjects and themes, great care must be exercised to be sure that the treatment and presentation are made in good faith and not for the purpose of sensationalism or to shock or exploit the audience or appeal to prurient interests or morbid curiosity.'' (B) ``Broadcasters have a special responsibility toward children. Programs designed primarily for children should take into account the range of interests and needs of children, from instructional and cultural material to a wide variety of entertainment material. In their totality, programs should contribute to the sound, balanced development of children to help them achieve a sense of the world at large and informed adjustments to their society.'' (C) ``Violence, physical or psychological, may only be projected in responsibly handled contexts, not used exploitatively. Programs involving violence present the consequences of it to its victims and perpetrators. Presentation of the details of violence should avoid the excessive, the gratuitous and the instructional.'' (D) ``The presentation of marriage, family, and similarly important human relationships, and material with sexual connotations, shall not be treated exploitatively or irresponsibly, but with sensitivity.'' (E) ``Above and beyond the requirements of the law, broadcasters must consider the family atmosphere in which many of their programs are viewed. There shall be no graphic portrayal of sexual acts by sight or sound. The portrayal of implied sexual acts must be essential to the plot and presented in a responsible and tasteful manner.'' (10) The NAB abandoned the code of conduct in 1983 after three provisions of the code restricting the sale of advertising were challenged by the Department of Justice on antitrust grounds and a Federal district court issued a summary judgment against the NAB regarding one of the provisions on those grounds. However, none of the programming standards of the code were challenged. (11) While the code of conduct was in effect, its programming standards were never found to have violated any antitrust law. (12) Since the NAB abandoned the code of conduct, programming standards on broadcast and cable television have deteriorated dramatically. Lurid and sensational talk shows are aired regularly throughout the day and profanities have become commonplace during the early hours of prime time, when millions of young children are watching. (13) In the absence of effective programming standards, public concern about the impact of television on children, and on society as a whole, has risen substantially. Polls routinely show that more than 80 percent of Americans are worried by the increasingly graphic nature of sex, violence, and vulgarity on television and by the amount of programming that openly sanctions or glorifies criminal, antisocial, and degrading behavior. (14) At the urging of Congress, the television industry has taken some steps to respond to public concerns about programming standards and content. The broadcast television industry agreed in 1992 to adopt a set of voluntary guidelines designed to ``proscribe gratuitous or excessive portrayals of violence''. Shortly thereafter, both the broadcast and cable television industries agreed to conduct independent studies of the violent content in their programming and make those reports public. (15) In 1996, the television industry as a whole made a commitment to develop a comprehensive rating system to label programming that may be harmful or inappropriate for children. That system was implemented at the beginning of this year. (16) Despite these recent efforts to respond to public concern about the impact of television on children, millions of Americans, especially parents with young children, remain angry and frustrated at the sinking standards of television programming, the reluctance of the industry to police itself, and the harmful influence of television on the well-being of the children and the values of the United States. (17) The Department of Justice issued a ruling in 1993 indicating that additional efforts by the television industry to develop and implement voluntary programming guidelines would not violate the antitrust laws. The ruling states that ``such activities may be likened to traditional standard setting efforts that do not necessarily restrain competition and may have significant procompetitive benefits. * * * Such guidelines could serve to disseminate valuable information on program content to both advertisers and television viewers. Accurate information can enhance the demand for, and increase the output of, an industry's products or services.''. (18) The Children's Television Act of 1990 (Public Law 101- 437) states that television broadcasters in the United States have a clear obligation to meet the educational and informational needs of children. (19) Several independent analyses have demonstrated that the television broadcasters in the United States have not fulfilled their obligations under the Children's Television Act and have not noticeably expanded the amount of educational and informational programming directed at young viewers since the enactment of the Act. SEC. 3. PURPOSE. (a) Purpose.--The purpose of this Act is to permit the broadcast and cable television industry-- (1) to work collaboratively to respond to growing public concern about the current content of television programming and the harmful influence of such programming on children; (2) to develop a set of voluntary programming guidelines similar to those contained in the National Association of Broadcasters Television Code; and (3) to implement the guidelines in a manner that alleviates the negative impact of television programming on the development of children in the United States and stimulates the development and broadcast of educational and informational programming for such children. (b) Construction.--This Act may not be construed as-- (1) providing the Federal Government with any authority to restrict the content of television programming that is in addition to the authority to restrict such programming under law as of the date of enactment of this Act; or (2) approving any action of the Federal Government to restrict the content of such programming that is in addition to any actions undertaken for that purpose by the Federal Government under law as of such date. SEC. 4. APPLICABILITY OF TELEVISION PROGRAM IMPROVEMENT ACT TO AGREEMENTS ON GUIDELINES FOR TELECAST MATERIAL. (a) Restoration of Applicability.--Subsection (d) of section 501 of the Television Program Improvement Act of 1990 (title V of Public Law 101-650; 104 Stat. 5127; 47 U.S.C. 303c) is amended-- (1) by striking ``Limitations.--(1)'' and inserting ``Limitation.--''; and (2) by striking paragraph (2). (b) Scope of Exemption.--Subsection (c) of such section is amended by striking ``designed to alleviate'' and all that follows and inserting the following: ``designed-- ``(1) to alleviate the negative impact of telecast material such as, but not limited to, violence, sexual content, criminal behavior, or profane language; or ``(2) to promote telecast material that is educational, informational, or otherwise beneficial to the development of children.''. (c) Limitations.--Subsection (d) of such section, as amended by subsection (a) of this section, is further amended by striking ``which results in a boycott of any person.'' and inserting ``which-- ``(1) results in a boycott of any person; or ``(2) concerns the purchase or sale of advertising, including (without limitation) restrictions on the number of products that may be advertised in a commercial, the number of times a program may be interrupted for commercials, and the number of consecutive commercials permitted within each interruption.''.

Television Improvement Act of 1997 - Amends the Television Program Improvement Act of 1990 to make permanent and enlarge the scope of the antitrust exemption for television industry activities aimed at children's programming, or reducing levels of violent, sexual, criminal, or profane content. States that this Act shall not be construed to provide additional Federal regulatory authority over television programming.

Television Improvement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Natural Gas Security and Consumer Protection Act''. SEC. 2. AUTHORIZATION FOR THE EXPORTATION OF NATURAL GAS. Section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)) is amended-- (1) in the first sentence, by striking ``(a) After six months'' and inserting the following: ``(a) In General.-- ``(1) Authorization for the importation of natural gas.-- ``(A) Prohibition.--After 6 months''; (2) in the second sentence, by striking ``The Commission'' and inserting the following: ``(B) Issuance of orders.--The Commission''; (3) in the third sentence, by striking ``The Commission'' and inserting the following: ``(C) Modification.--The Commission''; (4) in paragraph (1)(A) (as so designated), by striking ``export any natural gas from the United States to a foreign country or''; (5) in paragraph (1)(B) (as so designated), by striking ``exportation or''; and (6) by adding at the end the following: ``(2) Authorization for the exportation of natural gas.-- ``(A) Prohibition.--No person shall export any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy authorizing the exportation. ``(B) Issuance of orders.--On receiving an application, the Secretary of Energy may issue an order authorizing a person to export natural gas from the United States to a foreign country if the Secretary of Energy determines that the proposed exportation is consistent with the public interest, in accordance with the regulations promulgated pursuant to paragraph (3)(B). ``(C) Modification.--The Secretary of Energy may by order grant an application submitted under subparagraph (B), in whole or in part, with such modifications and on such terms and conditions as the Secretary of Energy determines necessary. ``(D) Timing.--The Secretary of Energy shall not issue an order under this paragraph prior to the date on which the Secretary of Energy promulgates final regulations pursuant to paragraph (3)(B). ``(3) Public interest determination for export applications.-- ``(A) NEPA review.--In accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Secretary of Energy shall issue a detailed statement on the environmental impact of the issuance of an order under paragraph (2), including a summary of an analysis conducted on the impact of the extraction of exported natural gas on the environment in communities where the natural gas is extracted. ``(B) Regulations.-- ``(i) Deadline.--Not later than 2 years after the date of enactment of this paragraph and after notice and public comment, the Secretary of Energy shall promulgate final regulations to establish the processes for purposes of issuing an order under paragraph (2) for determining whether a proposed exportation of natural gas from the United States to a foreign country is in the public interest. ``(ii) Contents.--Regulations promulgated pursuant to clause (i) shall require the Secretary of Energy to determine, with respect to each application for exportation of natural gas from the United States to a foreign country, whether the exportation is in the public interest through-- ``(I) use of the latest available data on current and projected United States natural gas demands, production, and price; ``(II) consideration of the effects of the natural gas exports on-- ``(aa) household and business energy expenditures by electricity and natural gas consumers in the United States; ``(bb) the economy, jobs, and manufacturing of the United States, including the effects on wages, investment, and energy-intensive and trade- exposed industries, as determined by the Secretary; ``(cc) the energy security of the United States, including the ability of the United States to reduce the reliance of the United States on imported oil; ``(dd) the conservation of domestic natural gas supplies to meet the future energy needs of the United States; ``(ee) the potential for natural gas use in the transportation, industrial, and electricity sectors of the United States; ``(ff) the ability of the United States to reduce greenhouse gas emissions; ``(gg) the national security and foreign policy of the United States; ``(hh) domestic natural gas supply and availability, including the effects on pipelines and other infrastructure; ``(ii) the balance of trade in the United States; and ``(jj) other issues determined relevant by the Secretary; and ``(III) consideration of the detailed statement issued under subparagraph (A). ``(4) Exemptions.-- ``(A) In general.--Paragraph (2) does not apply with respect to any order authorizing the exportation of natural gas if the natural gas that would be exported as a result of the order is exported solely to meet a requirement imposed pursuant to-- ``(i) part B of title II of the Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.); ``(ii) section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702); or ``(iii) section 5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)). ``(B) Issuance of orders.--In the case of an order described in subparagraph (A), the Secretary of Energy may issue the order without modification or delay after receiving an application.''. SEC. 3. EFFECT. Nothing in this Act or an amendment made by this Act affects the authority in section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) regarding the importation or exportation of natural gas to a nation with which there is in effect a free trade agreement.

American Natural Gas Security and Consumer Protection Act Amends the Natural Gas Act to prohibit exporting natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy (DOE) authorizing the exportation. Allows DOE to: (1) authorize such exportation after determining that it is consistent with the public interest, and (2) modify the export application as DOE determines necessary. Requires the Secretary to issue: (1) an environmental impact statement (EIS) under the National Environmental Policy Act of 1969 on such an order, and (2) a summary of an analysis on the impact of extraction of exported natural gas upon the environment in those communities where the natural gas is extracted. Directs DOE to promulgate final regulations to establish the processes for determining whether a proposed exportation of natural gas from the United States to a foreign country is in the public interest. Exempts any export authorization order from the EIS and public interest requirements if the natural gas would be exported solely to meet certain requirements of: (1) the Energy Policy and Conservation Act, (2) the International Emergency Economic Powers Act, or (3) the Trading with the Enemy Act. Authorizes DOE, furthermore, to issue such orders without modification or delay after receiving an application. States that this Act does not affect certain authority under the Natural Gas Act regarding the importation or exportation of natural gas to a nation with which a free trade agreement is in effect.

American Natural Gas Security and Consumer Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Weather Research Program Act of 2002''. SEC. 2. PROGRAM FOCUS. The focus of the United States Weather Research Program, an interagency program established under section 108 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 313 note), shall be on-- (1) hurricanes, floods, and heavy precipitation, including both snow and rain; (2) building on existing investments, including those of the National Weather Service modernization effort, to dramatically accelerate improvement in weather forecasts; (3) providing attention and resources in areas where progress can be made quickly and where the impact will be greatest; (4) establishing goals that can be attained by leveraging the resources of several agencies and through the collaborative scientific efforts of the operational and research communities in academia and government; and (5) making research grants to universities and other research institutions. SEC. 3. PROGRAM RESEARCH PRIORITIES. The research priorities of the United States Weather Research Program shall be in the areas of-- (1) hurricanes, to improve-- (A) landfall location forecasts; and (B) forecasts of hurricane strength; (2) heavy precipitation, to improve forecasts of both winter storms and rain storms through better prediction of timing, location, and intensity; (3) floods, to improve-- (A) flood forecasting by coupling precipitation forecasts with hydrologic prediction; and (B) forecasting and warning systems for inland flooding related to tropical cyclones, by-- (i) improving the capability to accurately forecast such flooding through research and modeling; (ii) developing, testing, and deploying a new flood warning index that will give the public and emergency management professionals fuller, clear, and more accurate information about the risks and dangers posed by expected tropical cyclone-related inland flooding; (iii) training emergency management officials, National Weather Service personnel, meteorologists, and others as appropriate regarding improved forecasting techniques for such flooding, risk management techniques, and use of the inland flood warning index developed under clause (ii); and (iv) conducting outreach and education activities for local meteorologists and the public regarding the dangers and risks associated with tropical cyclone-related inland flooding and the use and understanding of the inland flood warning index developed under clause (ii); (4) two-to-fourteen day forecasting, to-- (A) improve short and medium range numerical weather predictions and warnings of high-impact weather events; (B) conduct the Hemispheric Observing System Research and Predictability Experiment (THORpex) to fill observational gaps in the Northern Hemisphere; and (C) test and evaluate advanced data assimilation techniques in global models; (5) societal and economic impacts, to-- (A) identify methods of delivering weather information effectively and recommend ways to improve weather communications; (B) assess social and economic impacts of adverse weather ranging from disastrous to routine; (C) evaluate what weather information is most useful to public and private decision makers; and (D) perform research on societal and economic impact to ensure a connection between weather research and improvement of the human condition; and (6) testing research concepts at United States Weather Research Program-sponsored test bed centers in an environment identical to those used by operational meteorologists, to enable technology transfer to those operational meteorologists. SEC. 4. INTERAGENCY PLANNING AND PROCESS. The National Oceanic and Atmospheric Administration, as the lead agency of the United States Weather Research Program, shall coordinate and consult with the National Science Foundation, the National Aeronautics and Space Administration, other appropriate Federal agencies, and other appropriate entities to develop, and annually update, a five-year plan-- (1) describing how Federal agencies can best team with universities and other research institutions; (2) identifying social, economic, and military needs and requirements for weather information, as well as defining the research required to meet these needs; (3) outlining methods for dissemination of weather information to user communities; and (4) describing best practices for transferring United States Weather Research Program research results to forecasting operations. SEC. 5. REPORTING REQUIREMENTS. Not later than one year after the date of the enactment of this Act, and annually thereafter, the Administrator of the National Oceanic and Atmospheric Administration shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report which shall include-- (1) the most recent five-year plan developed or updated under section 4, including the roles and funding to be provided by various Federal agencies in achieving the objectives of the plan; (2) a justification of any changes to the plan since the last transmittal under this section; (3) a detailed assessment of the extent to which the objectives of the plan have been achieved; and (4) a description of the research activities carried out under section 3(3)(B), along with an analysis of the success and acceptance of the inland flood warning index developed under section 3(3)(B)(ii) by the public and emergency management professionals. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Office of Atmospheric Research of the National Oceanic and Atmospheric Administration for carrying out this Act-- (1) for fiscal year 2003, $15,000,000, of which $1,150,000 shall be for the purposes described in section 3(3)(B); (2) for fiscal year 2004, $15,525,000, of which $1,200,000 shall be for the purposes described in section 3(3)(B); and (3) for fiscal year 2005, $16,100,000, of which $1,250,000 shall be for the purposes described in section 3(3)(B). (b) Forecasting Model Grants.--Of the amounts authorized under subsection (a) for the purposes described in section 3(3)(B)-- (1) $250,000 for fiscal year 2003; (2) $260,000 for fiscal year 2004; and (3) $270,000 for fiscal year 2005, shall be made available for competitive, merit-reviewed grants to institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to develop models that can improve the ability to forecast coastal and estuary-inland flooding that is influenced by tropical cyclones. The models should incorporate the interaction of such factors as storm surges, soil saturation, and other relevant phenomena.

United States Weather Research Program Act of 2002 - States that the United States Weather Research Program's priorities shall be in the areas of: (1) hurricanes, to improve landfall location and hurricane strength forecasts; (2) heavy precipitation, to improve winter and rain storm forecasts; (3) floods, to improve flood forecasting and forecasting and warning systems for inland flooding related to tropical cyclones; (4) two-to-fourteen day forecasting, to improve weather predictions and warnings of high-impact weather events, to conduct the Hemispheric Observing System Research and Predictability Experiment (THORpex) to fill observational gaps in the Northern Hemisphere, and to test and evaluate advanced data assimilation techniques in global models; (5) societal and economic impacts, to identify methods of delivering weather information effectively, to recommend ways to improve weather communications, to assess impacts of adverse weather, to evaluate what weather information is most useful, and to perform research on such impacts; and (6) testing research concepts at Program-sponsored test bed centers, to enable technology transfer to operational meteorologists.Directs the National Oceanic and Atmospheric Administration (NOAA) to develop and annually update, and NOAA's Administrator to report to Congress on, a five-year plan: (1) describing how Federal agencies can best team with universities and other research institutions; (2) identifying social, economic, and military needs and requirements for weather information; (3) outlining methods for disseminating information to user communities; and (4) describing best practices for transferring Program research results to forecasting operations.

To authorize appropriations for the United States Weather Research Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Proportionate Final Benefit Act of 2005''. SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J). (2) Conforming amendments.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendments.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)'', respectively. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which she remarries''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which he remarries''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which such parent marries, or such parent''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with the month preceding the earlier of'' and by striking the comma after ``216(l))''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). SEC. 3. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(z) The amount of any individual's monthly insurance benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(k) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. SEC. 4. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM PROVISIONS. Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended by adding at the end the following new paragraph: ``(11) Notwithstanding any other provision of this Act, in applying the preceding provisions of this subsection (and determining maximum family benefits under column V of the table in or deemed to be in section 215(a) as in effect in December 1978) with respect to the month in which the insured individual's death occurs, the benefit payable to such individual for that month shall be disregarded.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the month in which this Act is enacted.

Proportionate Final Benefit Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that: (1) an individual's entitlement to any OASDI benefit shall continue through the month of his or her death (without affecting any other person's entitlement to benefits for that month); and (2) the benefit shall be payable for such month only to the extent proportionate to the number of days in the month preceding the date of death.

To amend title II of the Social Security Act to provide that an individual's entitlement to any benefit thereunder shall continue through the month of his or her death (without affecting any other person's entitlement to benefits for that month) and that such individual's benefit shall be payable for such month only to the extent proportionate to the number of days in such month preceding the date of such individual's death.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paperwork and Regulatory Improvements Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1980, in the Paperwork Reduction Act, Congress established the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget. OIRA's principal responsibility is to reduce the paperwork burden on the public that results from the collection of information by or for the Federal Government. In 2002, OIRA estimated that the paperwork burden imposed on the public was 7.7 billion hours, at a cost of $230 billion. The Internal Revenue Service accounted for 83 percent of the paperwork burden. (2) In 1995, Congress amended the Paperwork Reduction Act and established annual governmentwide paperwork reduction goals of 10 percent for each of fiscal years 1996 and 1997, and 5 percent for each of fiscal years 1998 through 2001, but the paperwork burden increased, rather than decreased, in each of those fiscal years and fiscal year 2002. Both the Office of Management and Budget and the Internal Revenue Service need to devote additional attention to paperwork reduction. (3) In 2002, the House Report accompanying the Treasury and General Government Appropriations Act, 2003 (House Report 107- 575) stated, ``The Office of Management and Budget has reported that paperwork burdens on Americans have increased in each of the last six years. Since the Internal Revenue Service imposes over 80 percent of these paperwork burdens, the Committee believes that OMB should work to identify and review proposed and existing IRS paperwork.''. (4) One key to success in paperwork reduction is the Office of Management and Budget's systematic review of every new and revised agency paperwork proposal. Recent statutory exemptions from that office's review responsibility, especially those without any stated justification, should be removed. (5) In 2000, researchers Mark Crain of George Mason University and Thomas Hopkins of the Rochester Institute of Technology, in their October 2001 publication titled ``The Impact of Regulatory Costs on Small Firms'', estimated that Americans spend $843 billion annually to comply with Federal regulations. Congress has a responsibility to review major rules (as defined by section 804 of title 5, United States Code) proposed by agencies, especially regulatory alternatives and the costs and benefits associated with each of them. In 2000, in the Truth in Regulating Act, Congress established new responsibility within the General Accounting Office to assist Congress with this responsibility. (6) In 1996, because of the increasing costs and incompletely estimated benefits of Federal rules and paperwork, Congress required the Office of Management and Budget for the first time to submit an annual report to Congress on the total costs and benefits to the public of Federal rules and paperwork requirements, including an assessment of the effects of Federal rules on the private sector and State and local governments. In 1998, Congress changed the annual report's due date to coincide with the due date of the President's budget, so that Congress and the public could be given an opportunity to simultaneously review both the on-budget and off-budget costs associated with the regulatory and paperwork requirements of each Federal agency. In 2000, Congress made this a permanent annual reporting requirement. (7) The Office of Management and Budget requires agencies to submit annual budget and paperwork burden estimates in order to prepare certain required reports for Congress, but it does not require agencies to submit estimates on costs and benefits of agency rules and paperwork. The Office of Management and Budget needs to require agencies to submit such estimates on costs and benefits to help prepare the annual accounting statement and associated report required under section 624 of the Treasury and General Government Appropriations Act, 2001. SEC. 3. REDUCTION OF TAX PAPERWORK. Section 3504 of title 44, United States Code, is amended by adding at the end the following new subsection: ``(i) In carrying out subsection (c)(3), the Director shall (in consultation with the Internal Revenue Service and the Office of Tax Policy of the Department of the Treasury and the Office of Advocacy of the Small Business Administration) conduct a review of the collections of information conducted by the Internal Revenue Service to identify actions that the Internal Revenue Service can take to reduce the information collection burden imposed on small business concerns, consistent with section 3520(c)(1) of this chapter. The Director shall include the results of the review in the annual report that the Director submits under section 3514 of this chapter for fiscal year 2006.''. SEC. 4. REPEAL OF EXEMPTIONS FROM PAPERWORK REDUCTION ACT, ETC. (a) Repeals.--The following provisions of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171) are repealed: (1) Subparagraphs (A) and (C) of section 1601(c)(2). (2) Section 1601(c)(3). (3) Section 2702(b)(1)(A). (4) Section 2702(b)(2)(A). (5) Section 2702(c). (6) Subparagraphs (A) and (C) of section 6103(b)(2). (7) Section 6103(b)(3). (8) Subparagraphs (A) and (C) of section 10105(d)(2). (9) Section 10105(d)(3). (b) Effective Date.--The repeals of the provisions listed in subsection (a) shall take effect 180 days after the date of the enactment of this Act. SEC. 5. AMENDMENT OF TRUTH IN REGULATING ACT TO MAKE PERMANENT PILOT PROJECT FOR REPORT ON RULES. (a) Permanent Authority.--The purpose of this section is to make permanent the authority to request the performance of regulatory analysis to enhance Congressional responsibility for regulatory decisions developed under the laws enacted by Congress. The Truth in Regulating Act of 2000 (Public Law 106-312; 5 U.S.C. 801 note) is amended-- (1) in the heading for section 4, by striking ``pilot project for'', (2) in section 5, by striking ``$5,200,000 for each of fiscal years 2000 through 2002'' and inserting ``$5,000,000 for each fiscal year beginning after September 30, 2004''; and (3) in section 6-- (A) in the heading, by striking ``and duration of pilot project''; (B) in subsection (a), by striking ``(a) Effective Date.--''; and (C) by striking subsections (b) and (c). (b) Effective Date.--The amendments made by this section shall take effect 90 days after the date of the enactment of this Act. SEC. 6. IMPROVED REGULATORY ACCOUNTING. (a) Requirement for Agencies to Submit Information on Regulations and Paperwork to OMB.--Section 624 of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106-554; 114 Stat. 2763A-161), is amended-- (1) by redesignating subsections (b), (c), and (d) as subsection (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: ``(b) Agency Submissions to OMB.--To carry out subsection (a), the Director of the Office of Management and Budget shall require each agency annually to submit to the Office of Management and Budget an estimate of the total annual costs and benefits of Federal rules and paperwork, to the extent feasible-- ``(1) for the agency in the aggregate; and ``(2) for each agency program.''. (b) Regulatory Budgeting.--(1) Chapter 11 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 1120. Regulatory budgeting ``(a) The Director of the Office of Management and Budget, after consultation with the head of each agency, shall designate not less than three agencies (or offices within an agency) to participate in a study on regulatory budgeting for fiscal years 2006 and 2007. The designated agencies shall include three regulatory agencies or offices from among the following: the Department of Labor, the Department of Transportation, the Department of Health and Human Services, and the Environmental Protection Agency. ``(b) The study shall address the preparation of regulatory budgets. Such budgets shall include the presentation of the varying estimated levels of benefits that would be associated with the different estimated levels of costs with respect to the regulatory alternatives under consideration by the agency (or office within the agency). ``(c) The Director of the Office of Management and Budget shall include, in the accounting statement and associated report submitted to Congress for calendar year 2006 under section 624 of the Treasury and General Government Appropriations Act, 2001 (as enacted into law by Public Law 106-554; 114 Stat. 2763A-161), a presentation of the different levels of estimated regulatory benefits and costs with respect to the regulatory alternatives under consideration for one or more of the major regulatory programs of each of the agencies designated under subsection (a). ``(d) In the accounting statement and associated report submitted to Congress for calendar year 2009 under section 624 of the Treasury and General Government Appropriations Act, 2001 (as so enacted), the Director of the Office of Management and Budget, after consultation with the Committees on the Budget and on Government Reform of the House of Representatives and the Committees on the Budget and on Governmental Affairs of the Senate, shall include a report on the study on regulatory budgeting. The report shall-- ``(1) assess the feasibility and advisability of including a regulatory budget as part of the annual budget submitted under section 1105; ``(2) describe any difficulties encountered by the Office of Management and Budget and the participating agencies in conducting the study; and ``(3) recommend, to the extent the President considers necessary or expedient, proposed legislation regarding regulatory budgets. ``(e) The report on the study on regulatory budgeting required under subsection (d) shall also be submitted directly to the Committees on the Budget and on Government Reform of the House of Representatives and the Committees on the Budget and on Governmental Affairs of the Senate.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1120. Regulatory budgeting.''.

Paperwork and Regulatory Improvements Act of 2005 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget (OMB) to review information collection conducted by the Internal Revenue Service (IRS) to identify actions IRS can take to reduce the information collection burden imposed on small business concerns, and to include the results of such review in a specified annual report. Amends the Farm Security and Rural Investment Act of 2002 to repeal specified exemptions from Paperwork Reduction Act requirements and certain other rulemaking requirements. Amends the Truth in Regulating Act of 2000 to make permanent the authority of a chairman or ranking member of a congressional committee to request the Comptroller General to perform a regulatory analysis of an economically significant rule upon agency publication. Amends the Treasury and General Government Appropriations Act, 2001 to instruct the Director of OMB to require each agency annually to submit an estimate of the total annual costs and benefits of Federal rules and paperwork for the agency and each agency program. Requires the Director to designate at least three agencies to participate in a study on regulatory budgeting for FY 2006 and 2007. Includes the regulatory budgets of the designated agencies as an alternative budget presentation. Requires a report on the study to be submitted to Congress.

To amend the Paperwork Reduction Act and titles 5 and 31, United States Code, to reform Federal paperwork and regulatory processes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Child Abuse Act Reauthorization Act of 2013''. SEC. 2. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES. (a) Reauthorization.--Section 214B of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13004) is amended-- (1) in subsection (a), by striking ``$15,000,000 for each of fiscal years 2004 and 2005'' and inserting ``$17,500,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018''; and (2) in subsection (b), by striking ``fiscal years 2004 and 2005'' and inserting ``fiscal years 2014, 2015, 2016, 2017, and 2018''. (b) Accountability.--Subtitle A of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is amended by adding at the end the following: ``SEC. 214C. ACCOUNTABILITY. ``All grants awarded by the Administrator under this subtitle shall be subject to the following accountability provisions: ``(1) Audit requirement.-- ``(A) Definition.--In this paragraph, the term `unresolved audit finding' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. ``(B) Audit.--The Inspector General of the Department of Justice shall conduct audits of recipients of grants under this subtitle to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. ``(C) Mandatory exclusion.--A recipient of grant funds under this subtitle that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subtitle during the following 2 fiscal years. ``(D) Priority.--In awarding grants under this subtitle, the Administrator shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this subtitle. ``(E) Reimbursement.--If an entity is awarded grant funds under this subtitle during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Administrator shall-- ``(i) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and ``(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. ``(2) Nonprofit organization requirements.-- ``(A) Definition.--For purposes of this paragraph, the term `nonprofit organization' means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. ``(B) Prohibition.--The Administrator may not award a grant under any grant program described in this subtitle to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. ``(C) Disclosure.--Each nonprofit organization that is awarded a grant under this subtitle and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Administrator, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Administrator shall make the information disclosed under this subparagraph available for public inspection. ``(3) Conference expenditures.-- ``(A) Limitation.--No amounts authorized to be appropriated to the Department of Justice under this subtitle may be used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, including the Administrator, provides prior written authorization through an award process or subsequent application that the funds may be expended to host a conference. ``(B) Written approval.--Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment. ``(C) Report.--The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph.''.

Victims of Child Abuse Act Reauthorization Act of 2013 - Amends the Victims of Child Abuse Act of 1990 to authorize appropriations for FY2014-FY2018 for: (1) the children's advocacy program; (2) grants from the Administrator of the Office of Juvenile Justice and Delinquency Prevention to develop and implement multidisciplinary child abuse investigation and prosecution programs; and (3) grants to national organizations to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in state or federal courts, for the purpose of improving the quality of criminal prosecution of such cases. Directs the Inspector General of the Department of Justice (DOJ) to conduct audits of grant recipients to prevent waste, fraud, and abuse of funds by grantees. Defines an "unresolved audit finding" as a finding in the final audit report of the Inspector General that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost and that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. Directs the Administrator to give priority for grants to eligible entities that did not have an unresolved audit finding during the three fiscal years prior to submitting an application for a grant. Disqualifies a grant recipient that is found to have an unresolved audit finding from receiving grant funds during the following two fiscal years. Directs the Administrator, if an entity is awarded grant funds during the two-fiscal-year period in which the entity is barred from receiving grants, to: (1) deposit an amount equal to the funds that were improperly awarded into the General Fund of the Treasury, and (2) seek to recoup the costs of the repayment to the fund from such entity. Prohibits the Administrator from awarding a grant to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax on unrelated business income. Requires each nonprofit organization awarded a grant that uses prescribed procedures to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees to disclose to the Administrator in the grant application the process for determining such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Prohibits amounts authorized to be appropriated to DOJ from being used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement, to host or support any expenditure for conferences that uses more than $20,000 in DOJ funds, without prior written authorization by the Deputy Attorney General or other specified officials.

Victims of Child Abuse Act Reauthorization Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Act to Transform Imagery in Various Environments''. SEC. 2. FINDINGS. The Congress finds the following: (1) Based on article I, section 8 of the United States Constitution, treaties, Federal statutes, and court decisions, the United States has a unique historical and legal relationship with American Indian and Alaska Native people, which serves as the basis for the Federal Government's trust responsibility and obligations. (2) There are 564 federally recognized Indian tribes in the United States, with some 40 percent of Indian tribes located in the State of Alaska. (3) Indian tribes have principal responsibility for lands and people within their jurisdiction. (4) This responsibility extends to educating their students and providing adequate educational facilities in which their students can learn. (5) Because of this responsibility, Indian schools should be eligible for the funding available under this Act. (6) Elementary and secondary schools all over the Nation use words and symbols representing their schools that are offensive to Native Americans. (7) Nationally, more than 1,200 schools inappropriately use such offensive names or nicknames. Often, these names or symbols become mascots and are used at athletic games for mascot characters, chants, and other antics. (8) Although these school communities do not intend disrespect toward Native Americans, that is the end result of allowing these offensive terms to continue in these educational institutions. Therefore, Federal funding should be available to schools to assist them to discontinue use of offensive names and symbols on equipment and apparel, including team jerseys, signs, stationery, walls, fields, and gymnasium floors. SEC. 3. GRANTS. (a) Grants To Discontinue Use of a Derogatory or Discriminatory Name or Depiction.-- (1) In general.--During the 1-year period beginning at the end of the period described in section 4(b)(2), the Secretary of Education, acting through the Committee on Indian Relations, may make grants to eligible schools to assist such schools to discontinue use of a name or depiction that is derogatory or discriminatory (as provided under section 5) as a team name, mascot, or nickname of the school or any entity sponsored by the school. (2) Use of funds.--The Secretary may not make a grant to an applicant under this subsection unless the applicant agrees to use the grant for the following: (A) Replacement of uniforms or other materials that bear a discontinued derogatory or discriminatory name or depiction. (B) Alteration of facilities, including walls, floors, and signs, to the extent necessary to remove a discontinued derogatory or discriminatory name or depiction. (3) Eligible schools.--For purposes of this subsection, the term ``eligible school'' means a school that has made a formal decision to discontinue use of a name or depiction that is derogatory or discriminatory. (b) Construction Grants.--Not sooner than the end of the 1-year period during which grants may be made under subsection (a)(1), the Secretary may make grants to Indian schools and to schools that received grants under subsection (a)(1) for school construction or renovation. (c) Consultation.--Before making any grant under this section, the Secretary shall consult with Indian tribes concerning the grant. (d) Application.--To seek a grant under this section, an applicant shall submit an application at such time, in such manner, and containing such information as the Secretary reasonably requires. SEC. 4. COMMITTEE ON INDIAN RELATIONS. (a) Establishment.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall establish within the Department of Education a committee to be known as the Committee on Indian Relations. (b) Duties.--The Committee shall-- (1) in accordance with section 5(c), determine names and depictions that are derogatory or discriminatory; (2) not later than 1 year after the date of the enactment of this Act-- (A) identify schools that use a name or depiction that is derogatory or discriminatory as a team name, mascot, or nickname of the school or any entity sponsored by the school; and (B) inform any school so identified of the assistance available under this Act to discontinue use of such name or depiction; (3) assist the Secretary to make grants under section 3; and (4) provide cultural proficiency training at schools receiving assistance under section 3 to effect positive and long-term change regarding any derogatory or discriminatory name or depiction. (c) Director.--The Committee shall have a Director, who shall be appointed by the Secretary in consultation with tribal governments involved in Indian education program activities. The Director shall be paid at the rate of basic pay for level V of the Executive Schedule. (d) Staff.--The Director may appoint such personnel as the Director considers appropriate to carry out the purposes of the Committee. (e) Termination.--The Committee shall terminate at the end of fiscal year 2015. SEC. 5. DEROGATORY OR DISCRIMINATORY NAMES AND DEPICTIONS. (a) In General.--For purposes of this Act, a name or depiction is derogatory or discriminatory if listed in subsection (b) or designated under subsection (c). (b) Listed Names.--The names listed in this subsection are the following: (1) Indians. (2) Redskins. (3) Braves. (4) Chiefs. (c) Designated Names and Depictions.--A name or depiction is designated under this subsection if the Committee determines, after notice and comment, that the name or depiction is derogatory or discriminatory on the basis of race, ethnicity, nationality, or Indian or Native Alaskan tribal affiliation. SEC. 6. REPORTS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, and annually for each of the 4 succeeding fiscal years, the Secretary, in consultation with the Committee, shall submit a report to the Committee on Resources of the House of Representatives and the Committee on Indian Affairs of the Senate. (b) Contents.--Each report submitted under this section shall include the following: (1) A summary of the activities conducted by the Secretary, including those conducted by the Committee, to carry out this Act. (2) Any recommendations for legislation that the Secretary, in consultation with the Committee, determines to be necessary to carry out this Act. SEC. 7. DEFINITIONS. For purposes of this Act: (1) The term ``Committee'' means the Committee on Indian Relations established under section 4. (2) The term ``school'' means-- (A) an elementary school or a secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); or (B) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). (3) The term ``Indian school'' means a school that is operated by-- (A) the Bureau of Indian Affairs; or (B) an Indian tribe, or an organization controlled or sanctioned by an Indian tribal government, for the children of that tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act or the Tribally Controlled Schools Act of 1988. (4) The term ``Indian tribe'' has the meaning given to that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). (5) The term ``Secretary'' means the Secretary of Education. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, to remain available until expended, for each of fiscal years 2011 through 2015. Such authorization of appropriations shall be in addition to any other authorization of appropriations for Indian education.

Native Act to Transform Imagery in Various Environments - Directs the Secretary of Education to make grants to elementary, secondary, and post-secondary schools to assist them in discontinuing the use of a name or depiction that is derogatory or discriminatory. Requires the Secretary to make subsequent grants to schools that received grants to discontinue objectionable names or depictions and to Indian schools for construction or renovation. Directs the Secretary to establish the Committee on Indian Relations within the Department of Education to: (1) determine which names and depictions are derogatory or discriminatory; (2) identify schools that use derogatory or discriminatory names or descriptions, and inform them of the availability of assistance in discontinuing their use; (3) assist the Secretary in awarding this Act's grants; and (4) provide cultural proficiency training at grantee schools. Lists Indians, Redskins, Braves, and Chiefs as derogatory or discriminatory names or depictions.

To authorize the Secretary of Education to make grants to eligible schools to assist such schools to discontinue use of a derogatory or discriminatory name or depiction as a team name, mascot, or nickname, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thorium Energy Security Act of 2010''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States and foreign countries will continue to demand increasing quantities of energy into the foreseeable future in order to support economic growth; (2) nuclear power provides energy without generating significant quantities of greenhouse gases; (3) the growth of nuclear power in the United States and many foreign countries has faced barriers from concerns related to-- (A) the proliferation of weapons-useable material; and (B) the proper disposal of spent nuclear fuel; (4) nuclear power plants operating on an advanced thorium fuel cycle to generate nuclear energy-- (A) would not produce weapons-useable material in spent fuel; and (B) would produce less long-term waste as compared to other nuclear power plants; (5) thorium fuel cycle technology was originally developed and proven in the United States; (6) the United States possesses significant domestic quantities of thorium in accessible high-grade deposits; (7) cutting-edge research relating to thorium fuel cycle technology continues to be carried out by entities in the United States; and (8) it is in the national security and foreign policy interest of the United States that foreign countries seeking to establish or expand generation and use of nuclear power should be provided-- (A) access to advanced thorium fuel cycle technology; (B) incentives to explore the thorium-based fuel cycle as a means to reduce the risk of nuclear proliferation; and (C) access to a secure domestic supply of thorium. SEC. 3. THORIUM FUEL CYCLE NUCLEAR POWER GENERATION. (a) In General.--Chapter 19 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2015 et seq.) is amended by inserting after section 244 the following: ``SEC. 251. THORIUM FUEL CYCLE NUCLEAR POWER GENERATION. ``(a) Definitions.--In this section: ``(1) Chairman.--The term `Chairman' means the Chairman of the Commission. ``(2) Department.--The term `Department' means the Department of Energy. ``(3) Office.--The term `Office' means an office established under subsection (b)(1). ``(4) Secretary.--The term `Secretary' means the Secretary of Energy. ``(b) Offices for Research and Regulation of Thorium Fuel Cycle Nuclear Power Generation.--The Secretary, in consultation with the Chairman, shall establish and provide funds to-- ``(1) an office for the regulation of thorium fuel cycle nuclear power generation within the Commission; and ``(2) an office of thorium-based fuel cycle research within the Department. ``(c) Regulations.-- ``(1) Fuel.--Not later than December 31, 2011, the Chairman, in consultation with industry and nonindustry experts, shall establish standards for the manufacture, testing, use, and management of spent thorium-based nuclear fuel. ``(2) Power generation.--Not later than December 31, 2012, the Chairman, in cooperation with the Secretary, shall promulgate regulations for facilities and materials used in thorium-based fuel cycle power generation. ``(d) Demonstration Projects.-- ``(1) In general.--The Secretary, in consultation with industry experts, nonindustry experts, and National Laboratories, shall carry out demonstration projects for thorium-based nuclear power generation. ``(2) Administration.--In preparing for and selecting demonstration projects, the Secretary shall consult with reactor designers, utilities, engineering, and manufacturing firms to-- ``(A) determine the optimum use of thorium in different reactor types; ``(B) prioritize thorium-based fuel cycle options that take advantage of existing nuclear power infrastructure and could be deployed in support of light water reactors like reactors used in the United States in the near term; ``(C) license the manufacture of thorium-based fuels; ``(D) qualify and license thorium-based fuel for use in commercial reactors; and ``(E) develop and maintain databases necessary for United States industry and regulators to safely license and use advanced fuels. ``(e) International Partnerships and Incentives.--Not later than December 31, 2011, the Secretary shall submit to Congress a report providing recommendations with respect to methods of-- ``(1) strengthening international partnerships to advance nuclear nonproliferation through the design and deployment of thorium fuel cycle nuclear power generation; and ``(2) providing incentives to nuclear reactor operators to use proliferation-resistant, low-waste thorium fuels in lieu of other fuels. ``(f) Report.--Not later than 1 year after the date of enactment of this section and annually thereafter, the Secretary, in consultation with the Chairman, shall submit to Congress a report describing, with respect to the preceding calendar year-- ``(1) progress made in implementing this section; and ``(2) activities carried out by the Department and Commission pursuant to this section. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $250,000,000 for the period of fiscal years 2011 through 2016.''. (b) Technical Amendment.--Section 11 f. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(f)) is amended by striking ``Atomic Energy Commission'' and inserting ``Nuclear Regulatory Commission''.

Thorium Energy Security Act of 2010 - Amends the Atomic Energy Act of 1954 to direct the Secretary of Energy to establish, and provide funds to, an office for the regulation of thorium fuel cycle nuclear power generation within the Nuclear Regulatory Commission (NRC) and an office of thorium-based fuel cycle research within the Department of Energy. Directs the NRC Chairman to: (1) establish standards for the manufacture, testing, use, and management of spent thorium-based nuclear fuel; and (2) promulgate regulations for facilities and materials used in thorium-based fuel cycle nuclear power generation. Directs the Secretary to implement demonstration projects for thorium-based nuclear power generation. Directs the Secretary to report to Congress recommendations for: (1) strengthening international partnerships to advance nuclear nonproliferation through the design and deployment of thorium fuel cycle nuclear power generation; and (2) providing incentives to nuclear reactor operators to use proliferation-resistant, low-waste thorium fuels in lieu of other fuels.

A bill to amend the Atomic Energy Act of 1954 to provide for thorium fuel cycle nuclear power generation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Bus Safety Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Bus.--The term ``bus'' means a motor vehicle with motive power, except a trailer, designed for carrying more than 10 persons. (2) School bus.--The term ``school bus'' means a bus that is used for purposes that include carrying pupils to and from public or private school or school-related events on a regular basis. (3) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 3. PROFICIENCY STANDARDS FOR SCHOOL BUS DRIVERS. (a) Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall prescribe proficiency standards for school bus drivers who are required to possess a commercial driver's license to operate a school bus. (b) Exemption for Certain States.--In prescribing proficiency standards under subsection (a), the Secretary shall provide that a State may, instead of utilizing such proficiency standards, utilize proficiency standards established by the State before the date of the prescription of efficiency standards under subsection (a) if the Secretary determines that the standards of the State establish proficiency requirements as rigorous as the proficiency requirements established under the standards prescribed under subsection (a). (c) Demonstration of Proficiency.--Upon the prescription of standards under subsection (a), each school bus driver referred to in subsection (a) shall demonstrate (at such interval as the Secretary shall prescribe) to the employer of the driver, the school district, the State licensing agency, or other person or agency responsible for regulating school bus drivers the proficiency of such driver in operating a school bus in accordance with the proficiency standards prescribed under subsection (a) or the proficiency standards established by the State concerned, as the case may be. SEC. 4. GUIDELINES FOR SAFE TRANSPORTATION OF CHILDREN BY SCHOOL BUS. The Administrator of the National Highway Traffic Safety Administration shall develop and disseminate guidelines on the safe transportation in school buses of children under the age of 5. Such guidelines shall include recommendations for the evacuation of such children from such buses in the event of an emergency. SEC. 5. IMPROVED INTERSTATE SCHOOL BUS SAFETY. (a) Applicability of Federal Motor Carrier Safety Regulations to Interstate School Bus Operations.--Section 31136 of title 49, United States Code, is amended-- (1) by striking the second sentence of subsection (e); and (2) by adding at the end the following new subsection: ``(g) Applicability to School Transportation Operations of Local Education Agencies.--Not later than 6 months after the date of the enactment of this subsection, the Secretary shall issue regulations making the relevant commercial motor carrier safety regulations issued under subsection (a) applicable to all interstate school transportation operations by local educational agencies (as defined in section 14101 of the Elementary and Secondary Education Act of 1965).''. (b) Education Program.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall develop and implement an education program informing all local educational agencies (as defined in section 14101 of the Elementary and Secondary Education Act of 1965) that they must comply with the Federal commercial motor vehicle safety regulations issued under section 31136 of title 49, United States Code, when providing interstate transportation on a school bus vehicle to and from school-sanctioned and school-related activities. (c) Compliance Reports.--Each year for the first 4 years after the date of the enactment of this Act, the Secretary shall submit to Congress by June 1 a report describing in detail the status of compliance by private motor carriers (for-hire) and local educational agencies in meeting the requirements of section 31136 of title 49, United States Code, and enforcement actions undertaken by the Department of Transportation. SEC. 6. DETERMINATION OF PRACTICABILITY AND FEASIBILITY OF CERTAIN SAFETY AND ACCESS REQUIREMENTS FOR SCHOOL BUSES. (a) Commencement of Rulemaking Process.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall begin a rulemaking process to determine the feasibility and practicability of the following: (1) A requirement for a decrease in the flammability of the materials used in the construction of the interiors of school buses. (2) A requirement that individuals, school districts, or companies that sell in the secondary market school buses that may be used in interstate commerce inform purchasers of such buses that such buses may not meet current National Highway Transportation Safety Administration standards or Federal Highway Administration standards with respect to such buses. (3) The establishment of construction, design, and securement standards for wheelchairs used in the transportation of students in school buses. (4) A requirement that school buses manufactured after the effective date of the rule be equipped with a bumper sensor, wheel guard, and front bumper gate and a system that automatically applies the vehicle's brakes when the bumper sensor, wheel guard, or front bumper gate makes contact with an object or pedestrian. (5) A requirement that school buses manufactured after the effective date of the rule be equipped with a system that detects a trapped obstacle in the door of the vehicle and automatically applies the vehicle's brakes, or provides a warning to the driver, when such a object is detected. (b) Final Rule.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall promulgate a final rule providing for any requirement or standard referred to in paragraph (1), (2), (3), (4), or (5) of subsection (a) that the Secretary determines to be feasible and practicable. SEC. 7. CRIMINAL BACKGROUND CHECKS OF SCHOOL BUS DRIVERS. (a) Prohibition on Employment Pending Check.--Notwithstanding any other provision of law and except as provided in subsection (b), a local educational agency, and any contractor providing school transportation services to such an agency, may not newly employ a person as a driver of a school bus of or on behalf of the agency before the completion of a background check of the person in the national criminal history background check system. The purpose of the check is to determine whether the person has been convicted of a crime which would warrant barring the person from duties as a driver of a school bus. (b) Exception.--A local educational agency or a contractor may newly employ a person as a driver of a school bus of or on behalf of the agency if a check of the person is not completed by the end of the 21-day period beginning on the date of the request for the check by the agency. The agency or contractor may commence such employment beginning at the end of such 21-day period. (c) Check Procedures.--Each State shall establish procedures for conducting checks under this section. Such procedures shall include the designation of an agency of the State to carry out the checks and shall meet the guidelines set forth in section 3(b) of the National Child Protection Act of 1993 (42 U.S.C. 5119a(b)). (d) Limitation on Liability.--A local educational agency or a contractor providing transportation services to such an agency shall not be liable in an action for damages on the basis of a criminal conviction of a person employed by the agency or contractor as a school bus driver if-- (1) a check of the person was conducted under this section; and (2) the conviction was not disclosed to the agency or contractor pursuant to the check. (e) Fees.-- (1) Fees imposed by state agencies.-- (A) In general.--A State agency designated under subsection (c) may impose and collect fees for the provision of assistance in the conduct of checks under this section. The amount of such fees may not exceed the actual cost to the State agency of providing such assistance. (B) Monitoring.--A State shall monitor the collection of fees by an agency of the State under this paragraph for purposes of ensuring that-- (i) such fees are collected on a uniform basis; and (ii) the amounts collected reflect only the actual cost to the State agency of providing assistance in the conduct of background checks. (2) Fees imposed by federal bureau of investigation.-- (A) In general.--The Federal Bureau of Investigation may impose and collect fees for the provision of assistance in the conduct of checks under this section. The amount of such fees may not exceed the actual cost to the Federal Bureau of Investigation of providing such assistance. (B) Monitoring.--The Attorney General shall monitor the collection of fees under this paragraph for purposes of ensuring that-- (i) such fees are collected on a uniform basis; and (ii) the amounts collected reflect only the actual cost to the Federal Bureau of Investigation of providing assistance in the conduct of background checks. (f) Definitions.--In this section, the following definitions apply: (1) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) National criminal history background check system.--The term ``national criminal history background check system'' has the meaning given such term in section 5(6) of the National Child Protection Act of 1993 (42 U.S.C. 5119c(6)). (3) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (g) Applicability.-- (1) In general.--Except as provided in paragraph (2), this section shall apply to the new employment of persons by local educational agencies or contractors beginning on the later of-- (A) the date that is 60 days after the date of the enactment of this Act; or (B) the date on which the State in which the agencies or contractors are located establishes the procedures required under subsection (c). (2) Exceptions.--During the period beginning on the date of the enactment of this Act and ending on the date of the applicability of this section to a local educational agency or contractor under paragraph (1), the local educational agency or contractor shall, to the maximum extent practicable, request that the Federal Bureau of Investigation conduct a background check with fingerprints of each person newly employed by the local educational agency or contractor as a school bus driver of or on behalf of the local educational agency. (h) Funding.-- (1) Violence prevention programs.--Section 4116(b)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(b)(5)) is amended by striking ``and neighborhood patrols'' and inserting ``neighborhood patrols, and criminal background checks of potential drivers of school buses under section 5 of the School Bus Safety Act.''. (2) Innovative education assistance.--Section 6301(b) of such Act (20 U.S.C. 7351(b)) is amended-- (A) by striking ``and'' at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ``; and''; and (C) by adding at the end the following: ``(9) the carrying out of criminal background checks of potential drivers of school buses under section 4 of the School Bus Safety Act.''. SEC. 8. ESTABLISHMENT OF MINIMUM REPORTING CRITERIA FOR HIGHWAY SAFETY PROGRAM ON TRAFFIC-RELATED DEATHS AND INJURIES. The Secretary of Transportation shall-- (1) not later than December 31, 1998, issue a notice of proposed rulemaking with respect to the minimum reporting criteria required under the tenth sentence of section 402(a) of title 23, United States Code; and (2) not later than December 31, 1998, and after an opportunity for public comment, issue a final rule establishing such criteria. SEC. 9. SCHOOL TRANSPORTATION SAFETY. (a) Study.--Not later than 3 months after the date of the enactment of this Act, the Secretary shall enter into an agreement with the Transportation Research Board of the National Academy of Sciences to conduct a study of the safety issues attendant to transportation of school children to and from school and school-related activities by various transportation modes. (b) Terms of Agreement.--The agreement entered into in subsection (a) shall provide that-- (1) the Transportation Research Board, in conducting the study, consider-- (A) in consultation with the National Transportation Safety Board, the Bureau of Transportation Statistics, and other relevant entities, available crash injury data, and if unavailable or insufficient, recommend a new data collection regimen and implementation guidelines; and (B) vehicle design and driver training requirements, routing, and operational factors that affect safety and other factors that the Secretary considers appropriate; and (2) the panel conducting the study shall include representatives of highway safety organizations, school transportation, mass transportation providers, employee organizations, academic and policy analysts, and other interested parties. (c) Report.--Not later than 12 months after the date of entry into the agreement under subsection (a), the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing the results of the study. SEC. 10. PILOT PROGRAM TO ASSESS BENEFITS OF EQUIPPING SCHOOL BUSES WITH SAFETY RESTRAINT DEVICES. (a) Establishment.--The Secretary shall carry out a pilot program to assess the benefits of equipping school buses with Aaron Gordon type flight attendant double shoulder harness mechanisms or other safety restraint devices providing equal or greater passenger protection. (b) Grants.--In carrying out the program, the Secretary may make grants to one school district for equipping school buses in the district with safety restraint devices described in subsection (a). (c) Federal Share.--The Federal share of the cost of a project carried out using a grant under subsection (b) may not exceed 50 percent of such cost. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

School Bus Safety Act - Directs the Secretary of Transportation to prescribe Federal proficiency standards for school bus drivers who are required to possess a commercial driver's license to operate a school bus. Requires the Secretary, in prescribing such standards, to authorize States to establish their own proficiency standards in lieu of the Federal standards if the Secretary determines they are as rigorous as the Federal standards. Requires bus drivers to demonstrate their proficiency in operating a school bus in accordance with either the Federal or State standards. (Sec. 4) Directs the Administrator of the National Highway Traffic Safety Administration to develop and disseminate guidelines on the safe transportation in school buses of children under the age of five. (Sec. 5) Amends Federal transportation law to require the Secretary to issue regulations applying Federal commercial motor carrier safety regulations to all interstate school operations by local educational agencies. Directs the Secretary to develop an education program informing all local educational agencies that they must comply with such regulations when providing interstate transportation on a school bus to and from school-sanctioned and school-related activities. (Sec. 6) Requires the Secretary to begin a rulemaking process to determine the feasibility of certain safety and access requirements for school buses. (Sec. 7) Prohibits a local educational agency, and any contractor providing transportation services to such agency, from employing a person as a school bus driver before the completion of a background check in the national criminal history background check system. Requires State criminal background check procedures to meet the guidelines set forth in the National Child Protection Act of 1993. Declares that no local educational agency or contractor providing it with transportation services shall be liable in an action for damages on the basis of a criminal conviction of a person employed as a school bus driver if a criminal background check was conducted but the conviction was not disclosed. Authorizes State and Federal fees (not exceeding actual cost) for assistance in the conduct of such checks. (Sec. 8) Requires the Secretary to: (1) issue a notice of proposed rulemaking with respect to minimum reporting criteria on traffic-related deaths and injuries under State highway safety programs; and (2) issue a final rule establishing such criteria. (Sec. 9) Directs the Secretary to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to study and report to specified congressional committees on the safety issues attendant to transportation of school children to and from school and school-related activities by various transportation modes. (Sec. 10) Directs the Secretary to carry out a pilot program to assess the benefits of equipping school buses with Aaron Gordon type flight attendant double shoulder harness mechanisms or other safety restraint devices providing equal or greater passenger protection. Authorizes the Secretary to make grants to one school district for equipping school buses with such safety restraint devices. (Sec. 11) Authorizes appropriations.

School Bus Safety Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Upper Mississippi River Basin Protection Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Reliance on sound science. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK Sec. 101. Establishment of monitoring network. Sec. 102. Data collection and storage responsibilities. Sec. 103. Relationship to existing sediment and nutrient monitoring. Sec. 104. Collaboration with other public and private monitoring efforts. Sec. 105. Reporting requirements. Sec. 106. National Research Council assessment. TITLE II--COMPUTER MODELING AND RESEARCH Sec. 201. Computer modeling and research of sediment and nutrient sources. Sec. 202. Use of electronic means to distribute information. Sec. 203. Reporting requirements. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS Sec. 301. Authorization of appropriations. Sec. 302. Cost-sharing requirements. SEC. 2. DEFINITIONS. In this Act: (1) The terms ``Upper Mississippi River Basin'' and ``Basin'' mean the watershed portion of the Upper Mississippi River and Illinois River basins, from Cairo, Illinois, to the headwaters of the Mississippi River, in the States of Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The designation includes the Kaskaskia watershed along the Illinois River and the Meramec watershed along the Missouri River. (2) The terms ``Upper Mississippi River Stewardship Initiative'' and ``Initiative'' mean the activities authorized or required by this Act to monitor nutrient and sediment loss in the Upper Mississippi River Basin. (3) The term ``sound science'' refers to the use of accepted and documented scientific methods to identify and quantify the sources, transport, and fate of nutrients and sediment and to quantify the effect of various treatment methods or conservation measures on nutrient and sediment loss. Sound science requires the use of documented protocols for data collection and data analysis, and peer review of the data, results, and findings. SEC. 3. RELIANCE ON SOUND SCIENCE. It is the policy of Congress that Federal investments in the Upper Mississippi River Basin must be guided by sound science. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK SEC. 101. ESTABLISHMENT OF MONITORING NETWORK. (a) Establishment.--As part of the Upper Mississippi River Stewardship Initiative, the Secretary of the Interior shall establish a sediment and nutrient monitoring network for the Upper Mississippi River Basin for the purposes of-- (1) identifying and evaluating significant sources of sediment and nutrients in the Upper Mississippi River Basin; (2) quantifying the processes affecting mobilization, transport, and fate of those sediments and nutrients on land and in water; (3) quantifying the transport of those sediments and nutrients to and through the Upper Mississippi River Basin; (4) recording changes to sediment and nutrient loss over time; (5) providing coordinated data to be used in computer modeling of the Basin, pursuant to section 201; and (6) identifying major sources of sediment and nutrients within the Basin for the purpose of targeting resources to reduce sediment and nutrient loss. (b) Role of United States Geological Survey.--The Secretary of the Interior shall carry out this title acting through the office of the Director of the United States Geological Survey. SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES. (a) Guidelines for Data Collection and Storage.--The Secretary of the Interior shall establish guidelines for the effective design of data collection activities regarding sediment and nutrient monitoring, for the use of suitable and consistent methods for data collection, and for consistent reporting, data storage, and archiving practices. (b) Release of Data.--Data resulting from sediment and nutrient monitoring in the Upper Mississippi River Basin shall be released to the public using generic station identifiers and hydrologic unit codes. In the case of a monitoring station located on private lands, information regarding the location of the station shall not be disseminated without the landowner's permission. SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING. (a) Inventory.--To the maximum extent practicable, the Secretary of the Interior shall inventory the sediment and nutrient monitoring efforts, in existence as of the date of the enactment of this Act, of Federal, State, local, and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps and redundancies. (b) Integration.--On the basis of the inventory, the Secretary of the Interior shall integrate the existing sediment and nutrient monitoring efforts, to the maximum extent practicable, into the sediment and nutrient monitoring network required by section 101. (c) Consultation and Use of Existing Data.--In carrying out this section, the Secretary of the Interior shall make maximum use of data in existence as of the date of the enactment of this Act and of ongoing programs and efforts of Federal, State, tribal, local, and nongovernmental entities in developing the sediment and nutrient monitoring network required by section 101. (d) Coordination With Long-Term Estuary Assessment Project.--The Secretary of the Interior shall carry out this section in coordination with the long-term estuary assessment project authorized by section 902 of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33 U.S.C. 2901 note). SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING EFFORTS. To establish the sediment and nutrient monitoring network, the Secretary of the Interior shall collaborate, to the maximum extent practicable, with other Federal, State, tribal, local and private sediment and nutrient monitoring programs that meet guidelines prescribed under section 102(a), as determined by the Secretary. SEC. 105. REPORTING REQUIREMENTS. The Secretary of the Interior shall report to Congress not later than 180 days after the date of the enactment of this Act on the development of the sediment and nutrient monitoring network. SEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT. The National Research Council of the National Academy of Sciences shall conduct a comprehensive water resources assessment of the Upper Mississippi River Basin. TITLE II--COMPUTER MODELING AND RESEARCH SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT SOURCES. (a) Modeling Program Required.--As part of the Upper Mississippi River Stewardship Initiative, the Director of the United States Geological Survey shall establish a modeling program to identify significant sources of sediment and nutrients in the Upper Mississippi River Basin. (b) Role.--Computer modeling shall be used to identify subwatersheds which are significant sources of sediment and nutrient loss and shall be made available for the purposes of targeting public and private sediment and nutrient reduction efforts. (c) Components.--Sediment and nutrient models for the Upper Mississippi River Basin shall include the following: (1) Models to relate nutrient loss to landscape, land use, and land management practices. (2) Models to relate sediment loss to landscape, land use, and land management practices. (3) Models to define river channel nutrient transformation processes. (d) Collection of Ancillary Information.--Ancillary information shall be collected in a GIS format to support modeling and management use of modeling results, including the following: (1) Land use data. (2) Soils data. (3) Elevation data. (4) Information on sediment and nutrient reduction improvement actions. (5) Remotely sense data. SEC. 202. USE OF ELECTRONIC MEANS TO DISTRIBUTE INFORMATION. Not later than 90 days after the date of the enactment of this Act, the Director of the United States Geological Survey shall establish a system that uses the telecommunications medium known as the Internet to provide information regarding the following: (1) Public and private programs designed to reduce sediment and nutrient loss in the Upper Mississippi River Basin. (2) Information on sediment and nutrient levels in the Upper Mississippi River and its tributaries. (3) Successful sediment and nutrient reduction projects. SEC. 203. REPORTING REQUIREMENTS. (a) Monitoring Activities.--Commencing 1 year after the date of the enactment of this Act, the Director of the United States Geological Survey shall provide to Congress and make available to the public an annual report regarding monitoring activities conducted in the Upper Mississippi River Basin. (b) Modeling Activities.--Every 3 years, the Director of the United States Geological Survey shall provide to Congress and make available to the public a progress report regarding modeling activities. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (a) United States Geological Survey Activities.--There is authorized to be appropriated to the United States Geological Survey $6,250,000 each fiscal year to carry out this Act (other than section 106). Of the amounts appropriated for a fiscal year pursuant to this authorization of appropriations, one-third shall be made available for the United States Geological Survey Cooperative Water Program and the remainder shall be made available for the United States Geological Survey Hydrologic Networks and Analysis Program. (b) Water Resource and Water Quality Management Assessment.--There is authorized to be appropriated $650,000 to allow the National Research Council to perform the assessment required by section 106. SEC. 302. COST-SHARING REQUIREMENTS. Funds made available for the United States Geological Survey Cooperative Water Program under section 301(a) shall be subject to the same cost-sharing requirements as specified in the last proviso under the heading ``united states geological survey-surveys, investigations, and research'' of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 510; 43 U.S.C. 50). Passed the House of Representatives March 19, 2010. Attest: LORRAINE C. MILLER, Clerk.

Upper Mississippi River Basin Protection Act - (Sec. 3) Declares that it is the policy of Congress that federal investments in the Upper Mississippi River Basin must be guided by sound science. Title I: Sediment and Nutrient Monitoring Network - (Sec. 101) Directs the Secretary of the Interior, acting through the United States Geological Survey (USGS), to establish a nutrient and sediment monitoring network for the Upper Mississippi River Basin as part of the Upper Mississippi River Stewardship Initiative. (Sec. 102) Directs the Secretary to: (1) establish guidelines for the effective design of data collection and storage activities regarding sediment and nutrient monitoring, for the use of suitable and consistent methods for data collection, and for consistent reporting, data storage, and archiving practices; (2) inventory the sediment and monitoring efforts of governmental and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies and, on the basis of the inventory, integrate the monitoring efforts into the sediment and nutrient monitoring network; (3) collaborate with other public and private monitoring programs in establishing the network; and (4) report to Congress on the development of the network. (Sec. 106) Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin. Title II: Computer Modeling and Research - (Sec. 201) Requires the Director of the USGS, as part of the Initiative, to establish a computer modeling program to identify significant sources of nutrient and sediment in the Basin. (Sec. 202) Requires the Director to establish an Internet-based system to provide information regarding: (1) programs designed to reduce sediment and nutrient loss in the Basin; (2) nutrient and sediment levels in the Upper Mississippi River and its tributaries; and (3) successful sediment and nutrient reduction projects. (Sec. 203) Requires the Director to provide to Congress and make available to the public: (1) an annual report regarding monitoring activities conducted in the Basin; and (2) a progress report every three years regarding modeling activities. Title III: Authorization of Appropriations and Related Matters - (Sec. 301) Authorizes appropriations to: (1) USGS to carry out this Act, with one-third to be made available for the Cooperative Water Program and the remainder for the Hydrologic Networks and Analysis Program; and (2) National Research Council for the water resources assessment of the Basin.

To promote Department of the Interior efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Telecommunications Act of 1997''. SEC. 2. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY. (a) Amendment.--Title I of the Communications Act of 1934 is amended by inserting after section 11 (47 U.S.C. 161) the following new section: ``SEC. 12. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY. ``(a) Findings.--The Congress finds that-- ``(1) Indian and Alaskan Native people live in some of the most geographically remote areas of the country, with 50 percent of Indian and Alaskan Native people living in Oklahoma, California, South Dakota, Arizona, New Mexico, Alaska, and Washington; ``(2) Indian poverty in reservation areas is 3.9 times the national average rate; ``(3) the average phone penetration rates for rural Native Americans is only 50 percent and actual penetration rates are often much lower; ``(4) what phone service there is in Indian country is often substandard and prohibitively expensive; ``(5) the Telecommunications Act of 1996 establishes a Federal-State Joint Board which issued recommendations on how to make quality telephone service affordable to all and to define what is deemed to be `universal service'; ``(6) the Telecommunications Act of 1996 requires the Federal Communications Commission to implement the recommendations from the Joint Board by May 8, 1997; ``(7) the benefits of Federal universal service policies have often not reached Indian country; ``(8) the Federal Government and the States have not historically adequately required telecommunications carriers to provide telecommunications services on Indian lands; and ``(9) the United States recognizes the sovereignty of Indian tribes in relation to the States through a government- to-government relationship, as reflected in the Constitution, treaties, Federal statutes, and the course of dealings of the United States with Indian tribes. ``(b) Policy Required.--Within 120 days after the date of enactment of this section, the Commission shall initiate a proceeding to develop and establish an official policy regarding the relations between the Commission and American Indians, including Alaskan Natives. In establishing such policy, the Commission shall-- ``(1) recognize-- ``(A) the special needs of American Indians, including Alaskan Natives, as determined under subsection (a); ``(B) the sovereign authority of tribal governments; and ``(C) the trust obligations of the United States; ``(2) promote the exercise of sovereign authority of tribal governments over the establishment of communications policies and regulations within their jurisdictions; ``(3) seek to promote Native Americans', including Alaskan Natives', participation in the consumption and provision of telecommunications services on Indian lands; and ``(4) not preclude the opportunity for improved negotiations between tribes and the States. ``(c) Notice Obligations.--The policy established pursuant to subsection (b) shall include procedures for giving Native Americans, including Alaskan Natives, notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted under section 309(j) of bands of frequencies in geographic coverage areas under the jurisdiction of tribal governments. ``(d) Forbearance.--The Commission shall forbear from applying any provision of this Act or any regulation thereunder to the extent that such forbearance-- ``(1) is necessary to ensure compliance with the trust responsibility of the United States; and ``(2) is consistent with the public interest. ``(e) Triennial Review.--The Commission shall review and revise as necessary the policies established pursuant to subsection (b) at least once every 3 years after the establishment of such policies.''. (b) Conforming Amendment.--Section 309(j)(3)(B) of such Act (47 U.S.C. 309(j)(3)(B)) is amended by inserting ``Indian tribes, Alaskan Native villages,'' after ``including''. SEC. 3. DESIGNATION OF ELIGIBLE TELECOMMUNICATIONS CARRIERS FOR THE PROVISION OF UNIVERSAL SERVICE. Section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)) is amended by adding at the end the following new paragraph: ``(6) Service areas within indian lands.--With respect to the designation of eligible telecommunications carriers for, and of service areas within, any lands under the jurisdiction of a tribal government (within the meaning of section 7871 of the Internal Revenue Code of 1986 (26 U.S.C. 7871)), the Commission shall exercise the authority of, and comply with the requirements of this subsection on, State commissions. In exercising such authority and complying with such requirements, the Commission shall comply with the policies established pursuant to section 12 of this Act.''. SEC. 4. ATTAINMENT OF UNIVERSAL SERVICE PRINCIPLES IN INDIAN COUNTRY. Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended-- (1) in subsection (b)-- (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following new paragraph: ``(7) Access by native americans.--Because States have not historically exercised the authority to require telecommunications carriers to deliver services on Indian lands, and because of the trust responsibilities of the United States, the responsibility to ensure the availability of quality telecommunications services to Native Americans, including Alaskan Natives, at just, reasonable, and affordable rates is a Federal responsibility that should be assured by means of the Federal universal service support mechanisms established under this section, taking into account any support mechanisms established by the States.''; and (2) by adding at the end the following new subsection: ``(l) Maintenance of Native American Subscribership and Affordability Data.--The Commission shall prescribe such regulations as are necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications on Indian lands. Such data shall be maintained by the Commission in a form that is easily accessible to the public. The Commission shall periodically review and summarize such data in its annual reports under section 4(k), and shall, on the basis of such review, take such other actions as are necessary to carry out the purposes of this section with respect to the delivery of universal telecommunications services to Native Americans, including Alaskan Natives, at just, reasonable, and affordable rates.''. SEC. 5. INFRASTRUCTURE DEVELOPMENT POLICY INITIATIVES. Section 103 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902) is amended by adding at the end the following new subsection: ``(d) Native American Telecommunications Infrastructure Policy Initiatives.--In carrying out the authority to serve as the President's adviser under subsection (b)(2)(D), the Assistant Secretary and the NTIA shall be responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands.''.

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

Native American Telecommunications Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``EEOICPA Amendment Act of 2011''. SEC. 2. ESTABLISHMENT OF THE ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER HEALTH. (a) Advisory Board on Toxic Substances and Worker Health.--Subtitle E of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385 et seq.) is amended by adding at the end the following new section: ``SEC. 3687. ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER HEALTH. ``(a) Establishment.-- ``(1) In general.--Not later than 120 days after the date of the enactment of this section, the President shall establish and appoint an Advisory Board on Toxic Substances and Worker Health (in this section referred to as the `Board'). ``(2) Consultation on appointments.--The President shall make appointments to the Board in consultation with organizations with expertise on worker health issues in order to ensure that the membership of the Board reflects a balance of perspectives from the scientific, medical, legal, worker, and worker advocate communities. ``(3) Chair.--The President shall designate a Chair for the Board from among its members. ``(b) Duties.--The Board shall-- ``(1) advise the Secretary, the Secretary of Energy, and the Secretary of Health and Human Services concerning the review and approval of the site exposure matrix used to determine eligibility for compensation under this subtitle for illnesses resulting from exposure to toxic substances; ``(2) periodically review and approve guidance provided to claims examiners on weighing medical evidence under this subtitle; ``(3) review reports by consulting physicians to ensure quality, objectivity, and consistency; and ``(4) coordinate exchanges of data and findings with the Advisory Board on Radiation and Worker Health to the extent necessary. ``(c) Staff.-- ``(1) In general.--The Secretary shall appoint a staff to facilitate the work of the Board. The staff shall be headed by a Director who shall be appointed under subchapter VIII of chapter 33 of title 5, United States Code. ``(2) Federal agency personnel.--The Secretary may accept as staff of the Board personnel on detail from other Federal agencies as necessary to enable the Board to carry out its duties under this section. The detail of personnel under this paragraph may be on a nonreimbursable basis. ``(3) Contractors.--The Secretary shall employ outside contractors and specialists selected by the Board to support the work of the Board. ``(d) Expenses.--Members of the Board, other than full-time employees of the United States, while attending meetings of the Board or while otherwise serving at the request of the President, while serving away from their homes or regular places of business, shall be allowed travel and meal expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ``(e) Security Clearances.-- ``(1) Application.--The Secretary of Energy shall ensure that the members and staff of the Board, and the contractors performing work in support of the Board, are afforded the opportunity to apply for a security clearance for any matter for which such a clearance is appropriate. ``(2) Determination.--The Secretary of Energy should, not later than 180 days after receiving a completed application for a security clearance under this subsection, make a determination whether or not the individual concerned is eligible for the clearance. ``(3) Report.--For fiscal year 2013 and each fiscal year thereafter, the Secretary of Energy shall include in the budget justification materials submitted to Congress in support of the Department of Energy budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report specifying the number of applications for security clearances under this subsection, the number of such applications granted, and the number of such applications denied. ``(f) Information.--The Secretary of Energy shall, in accordance with law, provide to the Board and the contractors of the Board access to any information that the Board considers relevant to carry out its responsibilities under this section, including information such as Restricted Data (as defined in section 11(y) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y))) and information covered by the Privacy Act.''. (b) Ombudsman Report.--Section 3686 of such Act (42 U.S.C. 7385s- 15) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: ``(h) Response to Report.-- ``(1) Timing.--Not later than 90 days after the publication of the annual report under subsection (e), the Secretary shall submit to Congress a written response to the report. ``(2) Contents of response.-- ``(A) Agreement.--If the Secretary agrees with a finding of the Ombudsman in the report, the Secretary shall include in the response proposed actions to address any issues raised by the finding. ``(B) Disagreement.--If the Secretary disagrees with a finding of the Ombudsman in the report, the Secretary shall include in the response the reasons of disagreement with the finding. ``(3) Publication.--The Secretary shall post the response on the public Internet site of the Department of Labor.''.

EEOICPA Amendment Act of 2011 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to require the President to establish an Advisory Board on Toxic Substances and Worker Health. Requires the Board to advise the Secretary of Labor, the Secretary of Energy (DOE), and the Secretary of Health and Human Services (HHS) on the review and approval of the site exposure matrix (SEM) used to determine the eligibility of DOE contractor employee claims for compensation for illnesses resulting from exposure to toxic substances.

To amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to establish the Advisory Board on Toxic Substances and Worker Health for the contractor employee compensation program under subtitle E of such Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``13th Regional Corporation Land Entitlement Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that authorizing a land entitlement for the 13th Regional Corporation would provide an equitable land entitlement for that Corporation. (b) Purpose.--The purpose of this Act is to provide an equitable distribution of land for the shareholders of the 13th Regional Corporation. SEC. 3. LAND ENTITLEMENT. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following new section: ``SEC. 43. THE 13TH REGIONAL CORPORATION LAND ENTITLEMENT. ``(a) Entitlement.--Not later than 5 years after the date of the enactment of the 13th Regional Corporation Land Entitlement Act, the 13th Regional Corporation may select, subject to subsections (b) and (c), not more than 1,453,388 acres from public lands which were withdrawn by the Secretary for selection, or were otherwise available for selection, but which were not selected by, or if selected not conveyed to, the State of Alaska, another Regional Corporation, a Village Corporation, or a Group Corporation. Any withdrawal eligible for selection under this subsection which will expire prior to the end of the five-year selection period for the 13th Regional Corporation shall be extended to the end of the selection period provided by this subsection. Prior to making each selection, the 13th Regional Corporation shall consult with and solicit the comments of the Regional Corporation for the geographical region within which the selection is located. ``(b) Approval.--No selection may be made within the geographical region of any Regional Corporation under subsection (a) without the prior written approval of such Regional Corporation. ``(c) Conveyances; Limitations; Restrictions.-- ``(1) Conveyances.--Subject to the limitations in paragraphs (2) and (3), the Secretary shall convey to the 13th Regional Corporation the surface and subsurface estate of no more than 1,162,710 acres of the lands selected pursuant to subsection (a). ``(2) Limitations on conveyances.-- ``(A) Previously selected lands.--The 13th Regional Corporation may select any of the following, but the Secretary shall not convey the land selected unless the State of Alaska or any Regional Corporation, Village Corporation, or Group Corporation which made or has the right to make a selection has relinquished its selection or right to make its selection. ``(i) Lands validly selected by, but not yet conveyed to, the State of Alaska pursuant to the Alaska Statehood Act or any other provision of law. ``(ii) Lands validly selected by, but not yet conveyed to, another Regional Corporation, a Village Corporation, or a Group Corporation. ``(B) Conditions.--Any selections made by the 13th Regional Corporation that are subject to such valid selections shall be subordinate to those valid selections. Selections are valid if they are on file with the United States and have not been finally adjudicated or all appeal rights from any final adjudication have not lapsed or been exhausted, whether or not such selections are in compliance with all applicable standards, including without limitation time restrictions. Valid selections also include selections for land in excess of the amount of land to which the selecting entity may be entitled. ``(C) Other limitations.--The 13th Regional Corporation may not select the following: ``(i) Any land without the approval of any Native individual or Native owned or public entity that owns a partial interest in that land. ``(ii) Any Land that the State of Alaska, a Regional Corporation, a Village Corporation or a Group Corporation could select or acquire through the exercise of statutory or contractual rights of selection or acquisition, whether or not those rights have been exercised or are subject to discretionary actions by governmental entities, without the approval of the State of Alaska, Regional Corporation, Village Corporation or Group Corporation. ``(iii) Any land within any area withdrawn for selection pursuant to sections 11 or 14 of this Act or otherwise withdrawn by the Secretary for selection if a Village Corporation or Regional Corporation has unexercised selection rights or rights to conveyance in that area without the approval of the Village Corporation and Regional Corporation. ``(3) Restrictions.--Selected lands which are eligible for conveyance to the 13th Regional Corporation shall be conveyed subject to valid existing rights, in the same manner and subject to the same reservations and restrictions that are applicable to lands selected by and conveyed to other Regional Corporations pursuant to this Act. The lands conveyed to the 13th Regional Corporation shall remain available for traditional and customary subsistence uses unless safety considerations otherwise warrant. Additionally, until the lands conveyed to the 13th Regional Corporation are developed, as defined in section 907(d) of Public Law 96-487 (43 U.S.C. 1636(d)), they shall be managed under policies consistent with the land management policies applicable to any adjacent Native Corporation owned lands. ``(d) Reserved Lands.--The 13th Regional Corporation may not select any of the following: ``(1) Lands within any conservation system unit as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.). ``(2) Acquired lands. ``(3) Lands immediately surrounding any building, permanent structure, or other development owned or controlled by the United States, another unit of government, or any person, including Native owned cabins or campsites on public lands or without the permission of the public land owner. ``(4) Lands withdrawn or reserved for national defense purposes. ``(5) Lands within the National Petroleum Reserve, Alaska. ``(6) Lands within the Tongass and Chugach National Forests. ``(e) Right of First Refusal.--The 13th Regional Corporation shall not transfer all or any portion of lands or interests therein that it acquires pursuant to this section to a third party without first making a written offer to sell that same land or interest therein to the Regional Corporation for the geographical region within which the land or interest therein is located at the amount (or its cash equivalent) offered by the third party who desires to acquire the land or interest therein. The following terms shall govern such transfers and offers: ``(1) The offer shall be made to the Regional Corporation not less than 30 days before any proposed transfer of such land and shall state the price and terms of the proposed transfer, and the name and address of both the offerer and offeree. ``(2) Not later than 20 days after the receipt of the offer, the Regional Corporation may exercise an option to purchase all, but not less than all, of the land or interest therein that is to be transferred on the terms in the offer or their cash equivalent. ``(3) If the Regional Corporation does not purchase all of the land or interest therein to be transferred within the required time, then the 13th Regional Corporation may transfer all of the land or interest therein offered (but not a lesser or greater amount) to the third party specified in the offer, but not for a price less or on terms different from those originally made by the third party. Any land or interest therein not transferred by the 13th Regional Corporation to the specified third party not later than 60 days after making the offer to the Regional Corporation shall again become subject to the restrictions of this subsection as though it had never been offered. ``(4) For purposes of this subsection, `transfer' means the sale, transfer, or exchange of land or interests therein in gravel, oil and gas, minerals, water or timber that have been leased to a third party for consideration, including a lease or royalty payment but does not include an exchange for other land or an interest therein within the state of Alaska pursuant to section 22(f) of this Act or section 1302(h) of the Alaska National Interest Lands and Conservation Act, mineral or other leasing on commercially reasonable terms, or the pledge, encumbrance or grant of a security interest on commercially reasonable terms.''. SEC. 4. REVENUE SHARING. Section (1)(A) of Section 7(i) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(i)) is amended to read as follows: (1)(A) Except as provided by subparagraph (B), 70 percent of all revenues received by each of the 12 Regional Corporations organized under subsection (a) from the timber and subsurface estate patented to it pursuant to this Act, and 15 percent of all revenues received by the 13th Regional Corporation organized under subsection (c) from the timber and subsurface estate patented to it pursuant to the 13th Regional Corporation Land Entitlement Act, shall be divided annually by the Regional Corporation among the 12 Regional Corporations organized pursuant to subsection (a) according to the number of Natives enrolled in each region pursuant to section 5 of this Act. An additional, 10 percent of such revenues received by the 13th Regional Corporation, shall be distributed to the Regional Corporation for the geographical region where the resources giving rise to such revenues are located. If the resources developed are on lands originally withdrawn for selection by a Village Corporation, then one-half of the 10 percent paid to the local Regional Corporation shall be distributed by that corporation to the Village Corporation. Revenues distributed by or received from the 13th Regional Corporation are not subject to the requirements of subsections (j), (k), (l), (m), and (n) of this section. (B) The Regional Corporations, including the 13th Regional Corporation shall determine the revenues required to be distributed pursuant to this subsection in accordance with the section 7(i) Settlement Agreement by and between the 12 Regional Corporations created pursuant to subsection (a), as previously or hereafter amended, and shall be bound by the provisions of that Agreement with respect to the revenues they distribute. The 13th Regional Corporation shall be bound by any amendment to the section 7(i) Settlement Agreement unless the amendment is not of general applicability to the other Regional Corporations. Nothing in this section shall be construed to grant the 13th Regional Corporation any rights with respect to any revenues distributed by the 12 Regional Corporations pursuant to section 7(i), or to grant the 13th Regional Corporation the right or power to approve any amendment to the section 7(i) Settlement Agreement.

13th Regional Corporation Land Entitlement Act - Amends the Alaska Native Claims Settlement Act to set forth land selection rights of the 13th Regional Corporation. Authorizes the Corporation, within five years, to select up to 1,453,388 acres from specified public lands and directs the Secretary of the Interior to convey to the Corporation the surface and subsurface estate of no more than 1,162,710 acres of the lands selected. Prohibits any selection within the geographical region of any other Alaska Native Regional Corporation without such Regional Corporation's written approval. Sets forth: (1) limitations on lands that may be selected; (2) restrictions on rights, use, management, and sale of lands conveyed; and (3) requirements for timber and subsurface estate revenue sharing by the 13th Regional Corporation and the other 12 Regional Corporations.

To amend the Alaska Native Claims Settlement Act to provide an equitable distribution of land to the 13th Alaska Native Regional Corporation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Relief Act of 2001''. SEC. 2. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (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 new section: ``SEC. 222. QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES. ``(a) Allowance of Deduction.--In the case of an eligible educator, there shall be allowed as a deduction an amount equal to the qualified professional development expenses paid or incurred by the taxpayer during the taxable year. ``(b) Maximum Deduction.--The deduction allowed under subsection (a) for any taxable year shall not exceed $500. ``(c) Qualified Professional Development Expenses of Eligible Educators.--For purposes of this section-- ``(1) Qualified professional development expenses.-- ``(A) In general.--The term `qualified professional development expenses' means expenses for tuition, fees, books, supplies, equipment, and transportation required for the enrollment or attendance of an individual in a qualified course of instruction. ``(B) Qualified course of instruction.--The term `qualified course of instruction' means a course of instruction which-- ``(i) is-- ``(I) directly related to the curriculum and academic subjects in which an eligible educator provides instruction, ``(II) designed to enhance the ability of an eligible educator to understand and use State standards for the academic subjects in which such educator provides instruction, ``(III) designed to provide instruction in how to teach children with different learning styles, particularly children with disabilities and children with special learning needs (including children who are gifted and talented), or ``(IV) designed to provide instruction in how best to discipline children in the classroom and identify early and appropriate interventions to help children described in subclause (III) to learn, ``(ii) is tied to-- ``(I) challenging State or local content standards and student performance standards, or ``(II) strategies and programs that demonstrate effectiveness in increasing student academic achievement and student performance, or substantially increasing the knowledge and teaching skills of an eligible educator, ``(iii) is of sufficient intensity and duration to have a positive and lasting impact on the performance of an eligible educator in the classroom (which shall not include 1-day or short-term workshops and conferences), except that this clause shall not apply to an activity if such activity is 1 component described in a long-term comprehensive professional development plan established by an eligible educator and the educator's supervisor based upon an assessment of the needs of the educator, the students of the educator, and the local educational agency involved, and ``(iv) is part of a program of professional development which is approved and certified by the appropriate local educational agency as furthering the goals of the preceding clauses. ``(C) Local educational agency.--The term `local educational agency' has the meaning given such term by section 14101 of the Elementary and Secondary Education Act of 1965, as in effect on the date of the enactment of this section. ``(2) Eligible educator.-- ``(A) In general.--The term `eligible educator' means an individual who is a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide in an elementary or secondary school for at least 900 hours during a school year. ``(B) Elementary or secondary school.--The terms `elementary school' and `secondary school' have the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as so in effect. ``(d) Denial of Double Benefit.-- ``(1) In general.--No other deduction or credit shall be allowed under this chapter for any amount taken into account for which a deduction is allowed under this section. ``(2) Coordination with exclusions.--A deduction shall be allowed under subsection (a) for qualified professional development expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or 530(d)(2) for the taxable year.''. (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 new paragraph: ``(18) Qualified professional development expenses.--The deduction allowed by section 222.''. (c) Conforming Amendments.-- (1) Sections 86(b)(2), 135(c)(4), 137(b)(3), and 219(g)(3) of the Internal Revenue Code of 1986 are each amended by inserting ``222,'' after ``221,''. (2) Section 221(b)(2)(C) of such Code is amended by inserting ``222,'' before ``911''. (3) Section 469(i)(3)(E) of such Code is amended by striking ``and 221'' and inserting ``, 221, and 222''. (4) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting the following new items: ``Sec. 222. Qualified professional development expenses. ``Sec. 223. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30B. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. ``(a) Allowance of Credit.--In the case of an eligible educator, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the qualified elementary and secondary education expenses which are paid or incurred by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $250. ``(c) Definitions.-- ``(1) Eligible educator.--The term `eligible educator' has the same meaning given such term in section 222(c). ``(2) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' means expenses for books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by an eligible educator in the classroom. ``(3) Elementary or secondary school.--The term `elementary or secondary school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B 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. 30B. Credit to elementary and secondary school teachers who provide classroom materials.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Teacher Relief Act of 2001- Amends the Internal Revenue Code to: (1) allow a deduction of up to $500 annually for qualified professional development expenses to an individual who is a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide in an elementary or secondary school for at least 900 hours during a school year; and (2) allow a credit of up to $250 annually to such an individual who provides qualified classroom materials.

A bill to amend the Internal Revenue Code of 1986 to provide an above-the-line deduction for qualified professional development expenses of elementary and secondary school teachers and to allow a credit against income tax to elementary and secondary school teachers who provide classroom materials.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Family Homes Act of 2008''. SEC. 2. RIGHT TO RENT HOME SUBJECT TO FORECLOSURE. (a) Exercise of Right.--If, at any time after notice under subsection (b) for an eligible mortgage is provided to the eligible mortgagor and before the commencement of the 7-day period that ends on the first date that the foreclosing creditor may first commence or execute such foreclosure pursuant to such notice, the eligible mortgagor under the eligible mortgage that is subject to such foreclosure provides notice in accordance with section 3, notwithstanding such foreclosure or any other interests in the property, the eligible mortgagor may, at the sole option of the eligible mortgagor, continue to occupy the foreclosed property during the 20-year period that begins upon the commencement of such occupancy, subject to the requirements of subsection (c). (b) Limitation on Timing of Foreclosure; Notice of Default and Right To Rent.--Notwithstanding any other provision of law or any contract, a foreclosure of an eligible mortgage may not be commenced or executed before the expiration of the 28-day period beginning upon the receipt, by the eligible mortgagor, of written notice provided by the foreclosing creditor for the mortgage that-- (1) clearly states that-- (A) the eligible mortgagor is in default on the mortgage; and (B) foreclosure on the mortgage may or will be commenced on account of such default; (2) clearly states that the eligible mortgagor has the right, notwithstanding foreclosure, to continue to occupy the foreclosed property in accordance with this Act, and sets forth the terms of such occupancy under subsections (a) and (c); and (3) identifies the first date, pursuant to this section and any other provisions of law and contract, that such foreclosure may be commenced. (c) Terms of Periodic Tenancy.--Occupancy, by an eligible mortgagor, of a foreclosed property pursuant to subsection (a) shall be under a periodic month-to-month tenancy under which the owner of the property may terminate the tenancy for material breach but shall have no authority, at will, to terminate the tenancy during the occupancy pursuant to subsection (a) if the mortgagor-- (1) timely pays to the owner of the foreclosed property rent on a monthly basis in the amount of the fair market rent for the property determined in accordance with section 4; and (2) uses property as the principal residence of the mortgagor. SEC. 3. REQUIRED NOTICE. With respect to an eligible mortgage for which notice under subsection (b) has been provided, notice in accordance with this section is notice that-- (1) is made in writing; (2) is submitted to-- (A) the court having jurisdiction and venue to conduct the covered foreclosure proceeding for the eligible mortgage or, in the case of nonjudicial foreclosure, the court in which an action is brought pursuant to section 5; and (B) the foreclosing creditor; and (3) states that the eligible mortgagor is exercising the authority under section 2(a) to continue to occupy the foreclosed property. SEC. 4. DETERMINATION OF FAIR MARKET RENT. (a) Initial Determination.--For purposes of this Act, the fair market rent for a foreclosed property involved in a covered foreclosure proceeding shall be the amount that is determined by an independent appraiser who is licensed or certified, as applicable, to conduct appraisals in the jurisdiction in which the property is located, who shall be appointed for such purpose by the court conducting such proceeding or hearing an action pursuant to section 5. (b) Periodic Adjustments.--The fair market rent determined under subsection (a) for a foreclosed property shall be adjusted annually to reflect changes in the owners' equivalent rent of primary residence component, for the appropriate city, region, or class of city, as available, of the Consumer Price Index for All Urban Consumers of the Bureau of Labor Statistics of the Department of Labor. (c) Redetermination.--If the owner of a foreclosed property or the eligible mortgagor under the eligible mortgage requests the court described in subsection (a) to redetermine the fair market rent for a foreclosed property determined pursuant to this section (as such amount may have been adjusted pursuant to subsection (b)) and agrees to pay any costs of such redetermination (including costs of the appraisal involved), the court shall provide for redetermination of the fair market rent for the foreclosed property in the manner provided under subsection (a), except that no such redetermination shall be made pursuant to a request under this subsection made before the expiration of the 12-month period beginning upon the most recent redetermination conducted at the request of the same party. SEC. 5. NONJUDICIAL FORECLOSURE PROCEEDINGS. In the case of any covered foreclosure proceeding that is not conducted or administered by a court, the eligible mortgagor may bring an action in an appropriate court of the State in which the foreclosed property is located for a determination of fair market rent for the foreclosed property for purposes of this Act, by filing notice in accordance with section 3 with such court and otherwise complying with the rules of such court. SEC. 6. NO BAR TO FORECLOSURE. This Act may not be construed to delay, or otherwise modify, affect, or alter any right of a creditor under an eligible mortgage to foreclose on the mortgage and to sell the foreclosed property in connection with such foreclosure, except that the right of any owner of the property to possession of the property shall be subject to the leasehold interest established pursuant to section 2(c). SEC. 7. RIGHT TO REINSTATEMENT. This Act may not be construed to affect any right of any eligible mortgagor to reinstatement of an eligible mortgage, including any right established under contract or State law. SEC. 8. JURISDICTION OF FEDERAL COURTS. At the option of the eligible mortgagor, a proceeding under section 4 or 5 shall be removed to the appropriate district court of the United States in accordance with section 1441 of title 28, United States Code. SEC. 9. EFFECT ON STATE LAW. This Act does not annul, alter, affect, or exempt any person subject to the provisions of this Act from complying with the laws of any State regarding foreclosure on residential properties, except to the extent that such laws are inconsistent with any provision of this Act, and then only to the extent of such inconsistency. SEC. 10. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Covered foreclosure proceeding.--The term ``covered foreclosure proceeding'' means a foreclosure proceeding with respect to an eligible mortgage, and includes any foreclosure proceeding authorized under the law of the applicable State, including judicial and non-judicial foreclosure proceedings. (2) Eligible mortgagor.--The term ``eligible mortgagor'' means a mortgagor under an eligible mortgage. (3) Eligible mortgage.--The term ``eligible mortgage'' means a first mortgage-- (A) on property that-- (i) is a single family property; and (ii) has been used as the principal residence of the eligible mortgagor for a period of not less than 2 years immediately preceding the initiation of the covered foreclosure proceeding involved; (B) that was made in connection with the purchase of the property by the mortgagor for a purchase price that is less than the median purchase price for residences that are located in-- (i) the same metropolitan statistical area; or (ii) if the property is not located in a metropolitan statistical area or information for the area is not available, the same State; and (C) that was originated before July 1, 2007. For purposes of subparagraph (B), the median purchase price of residences located within a metropolitan area or State shall be determined according to information collected and made available by the National Association of Realtors for such area or State for the most recently completed month for which such information is available. (4) Foreclosed property.--The term ``foreclosed property'' means, with respect to a covered foreclosure proceeding, the single family property that is subject to the eligible mortgage being foreclosed under the proceeding. (5) Foreclosing creditor.--The term ``foreclosing creditor'' means, with respect to a covered foreclosure proceeding, the creditor that is foreclosing the eligible mortgage through such proceeding. (6) Owner.--The term ``owner'' means, with respect to a foreclosed property, the person who has title to the property pursuant to the foreclosure proceeding for the property, and any successor or assign of such person. (7) Single family property.--The term ``single family property'' means-- (A) a structure consisting of 1 to 4 dwelling units; (B) a dwelling unit in a multi-unit condominium property together with an undivided interest in the common areas and facilities serving the property; or (C) a dwelling unit in a multi-unit project for which purchase of stock or a membership interest entitles the purchaser to permanent occupancy of that unit. SEC. 11. APPLICABILITY AND SUNSET. (a) Applicability.--Subject to subsection (b), this Act shall apply to any covered foreclosure proceeding that has not been finally adjudicated as of the date of the enactment of this Act. (b) Sunset.--This Act shall not apply to any foreclosure proceeding commenced after the expiration of the 5-year period beginning on the date of the enactment of this Act.

Saving Family Homes Act of 2008 - Grants eligible mortgagors subject to foreclosure proceedings the right to continue to occupy forclosed properties subject to the payment of fair market rent for a period of 20 years that begins upon the commencement of occupancy of such property.

To allow homeowners of moderate-value homes who are subject to mortgage foreclosure proceedings to remain in their homes as renters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Salt Cedar and Russian Olive Control Assessment and Demonstration Act''. SEC. 2. DEFINITIONS. In this Act: (1) Secretaries.--The term ``Secretaries'' means the Secretary of Agriculture, in cooperation with the Secretary of the Interior. (2) Western united states.--The term ``Western United States'' refers to the States defined by the Act of June 17, 1902 (commonly known as the 1902 Reclamation Act; 43 U.S.C. 371 et seq.), which includes Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Kansas, Oklahoma, Nevada, New Mexico, Oregon, Texas, Utah, Washington, and Wyoming. SEC. 3. ASSESSMENT OF SALT CEDAR AND RUSSIAN OLIVE INFESTATION IN WESTERN UNITED STATES. (a) Assessment.--Not later than one year after the date on which funds are first made available to carry out this section, the Secretaries shall complete an assessment of the extent of Salt Cedar and Russian Olive invasion in the Western United States. (b) Content.--The assessment shall include the following: (1) To the extent practicable, documentation of the quantity of water lost due to the infestation. (2) Documentation of the quantity of water saved due to various control methods, including the portion of saved water that returns to surface water or groundwater supplies and at what rates. (3) Determination of the optimum control method for the various land types and land uses. (4) Determination of what conditions indicate the need to remove such growth and the optimal methods for disposal or use of such growth. (5) Determination of methods to prevent the regrowth and reintroduction of Salt Cedar and Russian Olive and to reestablish native species. (c) Report on Assessment.-- (1) Preparation and content.--The Secretaries shall prepare a report containing the results of the assessment. The report shall identify long-term management and funding strategies that could be implemented by Federal, State, Tribal, and private land managers and owners on all land management types to address the invasion of Salt Cedar and Russian Olive. The report shall also identify deficiencies or areas for further study and where actual field demonstrations would be useful in the control effort. (2) Submission.--The Secretaries shall submit the report to the Committee on Resources and the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate. (d) Support for Identification of Long-Term Management and Funding Strategies.--The Secretaries may make grants to institutions of higher education or nonprofit organizations (or both) with an established background and expertise in the public policy issues associated with the control of Salt Cedar and Russian Olive to obtain technical experience, support, and recommendations related to the identification of the long-term management and funding strategies required to be included in the report under subsection (c)(1). Each grant awarded under this subsection may not be less than $250,000. SEC. 4. DEMONSTRATION PROGRAM FOR CONTROL OF SALT CEDAR AND RUSSIAN OLIVE IN WESTERN STATES. (a) Demonstration Projects.-- (1) Projects required.--Based on the results of the assessment and report in section 3, the Secretaries shall initiate a program of not fewer than three demonstration projects in the Western United States designed to address the deficiencies and areas for further study to address the invasion of Salt Cedar and Russian Olive, including the test of additional control methods, identified by the report. (2) Implementation.--The Secretaries may enter into an agreement with a State in the Western United States to carry out a demonstration project. If the Secretaries select a demonstration project for implementation on National Forest System lands, the Secretary of Agriculture shall be responsible for implementation of the project. (b) Elements of Projects.-- (1) Design and scale.--Each demonstration project shall be designed with integrated methods and adaptive management strategies and carried out over time frames and spatial scales large enough to accomplish the goals laid out in the report. (2) Scientific review.--Before being carried out, the methods and strategies proposed for each demonstration project shall be subject to review by scientific experts, including non-Federal experts, selected by the Secretaries. The Secretaries may use existing scientific review processes to the extent they comply with this requirement. (c) Project Costs and Cost Sharing.--The total cost of each demonstration project may not exceed $7,000,000, including the costs of planning, design, implementation, revegetation, maintenance, and monitoring. In the case of a demonstration project conducted on lands under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, the Secretaries may accept, but not require, funds or in-kind contributions, including State agency provided services. The Federal share of the costs of any activity on private lands funded under the project shall be no more than 75 percent of the total cost of the activity. (d) Reporting Requirement.--During the period in which the demonstration projects are carried out, the Secretaries shall submit to the congressional committees specified in section 3(c)(2) an annual report describing-- (1) the demonstration projects; (2) the progress made in carrying out the projects during the period covered by the report; and (3) the costs of the projects under subsection (c). (e) Monitoring.--Demonstration projects shall include the following: (1) Documentation of the quantity of water saved due to various control methods, including the portion of water saved that returns to surface water or groundwater supplies and at what rates. (2) Optimal revegetative states to prevent the regrowth and reintroduction of Salt Cedar and Russian Olive and to reestablish native species. (f) Cooperation.--The Secretaries shall use the expertise of their various agencies, as well as other Federal agencies, institutions of higher education, State and local governments and political subdivisions thereof, including soil and water conservation districts, and Indian tribes, which are actively conducting assessments on or implementing Salt Cedar and Russian Olive control activities. SEC. 5. RELATION TO OTHER AUTHORITY. Nothing in this Act shall be construed to affect, or otherwise bias, the use by the Secretaries of other statutory or administrative authorities to plan or conduct Salt Cedar or Russian Olive control and eradication that is not planned or conducted under this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Assessment.--There are authorized to be appropriated to the Secretaries $5,000,000 for fiscal year 2005 to conduct the assessment required by section 3. (b) Grants.--There are authorized to be appropriated to the Secretaries $1,000,000 for fiscal year 2005 to award as grants under section 3(d). (c) Demonstration Projects.--There are authorized to be appropriated to the Secretaries $18,000,000 for each of the fiscal years 2005 through 2009 to carry out the program of demonstration projects under section 4. Passed the House of Representatives February 24, 2004. Attest: JEFF TRANDAHL, Clerk.

Salt Cedar and Russian Olive Control Assessment and Demonstration Act - (Sec. 2) Directs the Secretary of of Agriculture, in cooperation with the Secretary of the Interior (the Secretaries) to assess the extent of Salt Cedar and Russian Olive invasion in the western United States (as defined by the 1902 Reclamation Act). Requires such assessment to include: (1) documentation of the quantity of water lost due to the infestation and of the quantity of water saved due to various control methods, including the portion of saved water that returns to surface water or groundwater supplies and at what rates; and (2) determination of the optimum control method for the various land types and land uses, of what conditions indicate the need to remove such growth and the optimal methods for disposal or use of such growth, and of the methods to prevent the regrowth and reintroduction of Salt Cedar and Russian Olive and to reestablish native species. Directs the Secretaries to prepare and submit to specified congressional committees (the congressional committees) a report containing the results of such assessment and identifying: (1) long-term management and funding strategies that could be implemented by Federal, State, tribal, and private land managers and owners on all land management types to address the invasion of Salt Cedar and Russian Olive; and (2) deficiencies or areas for further study and where actual field demonstrations would be useful in the control effort. Authorizes the Secretaries to make grants to institutions of higher education or nonprofit organizations (or both) with an established background and expertise in public policy issues associated with the control of Salt Cedar and Russian Olive in order to obtain technical experience, support, and recommendations related to the identification of the long-term management and funding strategies required to be included in such report. Limits each grant awarded to $250,000. (Sec. 3) Directs the Secretaries, based on the assessment and report, to initiate a program of at least three demonstration projects in the western States designed to address deficiencies and areas for further study to address the invasion of Salt Cedar and Russian Olive, including the testing of additional control methods identified by such report. Allows the Secretaries to enter into an agreement with a western State to carry out a project and, if the Secretaries select a demonstration project for implementation in national Forest System lands, makes the Secretary of Agriculture responsible for implementation of such project. Requires projects to be designed with integrated methods and adaptive management strategies and carried out over time frames and spatial scales large enough to accomplish the goals laid out in the report. Provides that, before being carried out, the methods and strategies proposed for each project shall be subject to review by scientific experts, including non-Federal experts, selected by the Secretaries. Limits the total cost of each project to $7 million, including planning, design, implementation, revegetation, maintenance, and monitoring costs. Allows the Secretaries to accept, but not require, in cases of projects conducted on lands under the jurisdiction of either Secretary, funds or in-kind contributions, including State agency provided services. Limits the Federal share of the costs of any activity on private lands funded under a project to 75 percent of the activity's total cost. Requires projects to include: (1) documentation of the quantity of water saved due to various control methods, including the portion of water saved that returns to surface water or groundwater supplies and at what rates; and (2) optimal revegetative states to prevent regrowth and reintroduction of Salt Cedar and Russian Olive and to reestablish native species. Requires the Secretaries to submit to the congressional committees annual reports on such projects. (Sec. 4) Declares that nothing in this Act shall be construed to affect, or otherwise bias, use by the Secretaries of other statutory or administrative authorities to plan or conduct Salt Cedar or Russian Olive control and eradication. (Sec. 5) Authorizes appropriations to the Secretaries to: (1) conduct the assessment; (2) award the grants specified above; and (3) carry out the program of demonstration projects specified above.

To provide for an assessment of the extent of the invasion of Salt Cedar and Russian Olive on lands in the Western United States and efforts to date to control such invasion on public and private lands, including tribal lands, to establish a demonstration program to address the invasion of Salt Cedar and Russian Olive, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Democracy Act''. SEC. 2. ESTABLISHMENT. There is established in the legislative branch the National Commission on Foreign Interference in the 2016 Election (in this Act referred to as the ``Commission''). SEC. 3. PURPOSES. (a) Activities of Russian Government.--The purpose of the Commission is to examine any attempts or activities by the Russian government, persons or entities associated with the Russian government, or persons or entities within Russia to use electronic means to influence, interfere with, or sow distrust in elections for public office held in the United States in 2016, including the following: (1) Electronic hacks by the Russian government, persons or entities associated with the Russian government, or other persons or entities within Russia into-- (A) the electronic systems of the Democratic National Committee; (B) the electronic systems of the Democratic Congressional Campaign Committee; (C) the electronic systems of Mr. John Podesta, campaign chairman for Democratic presidential nominee Hillary Clinton; (D) the electronic systems of former Secretary of State Colin Powell; and (E) the electronic systems of Arizona, Illinois, and Florida, particularly voter database information. (2) Efforts by the Russian government, persons or entities associated with the Russian government, or persons or entities within Russia to put forward, disseminate, or promote false news about the campaigns for elections for public office held in the United States in 2016. (3) Efforts by the Russian government to work with other governments, entities, and individuals to carry out activities described in paragraphs (1) and (2). (b) Activities of Others.--In addition to the purpose described in subsection (a), the purpose of the Commission is to examine attempts or activities by governments other than the Russian government, persons associated with governments other than the Russian government, and other entities and individuals to use electronic means to influence, interfere with, or sow distrust in elections for public office held in the United States in 2016, including activities similar to those described in paragraphs (1) through (3) of subsection (a). SEC. 4. COMPOSITION AND COMPENSATION OF COMMISSION. (a) Members.--The Commission shall be composed of 12 members, of whom-- (1) 3 shall be appointed by Speaker of the House of Representatives and 3 shall be appointed by the Majority Leader of the Senate; and (2) 3 shall be appointed by the Minority Leader of the House of Representatives and 3 shall be appointed by the Minority Leader of the Senate. (b) Chair and Vice Chair.--The Commission, by majority vote, shall choose a Chair and Vice Chair, of whom-- (1) one shall be a member appointed under paragraph (1); and (2) one shall be a member appointed under paragraph (2). (c) Qualifications.-- (1) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government, any State, or any local government. (2) Other qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the armed services, law, public administration, intelligence gathering, foreign affairs, cybersecurity, and Federal elections. (3) Deadline for appointment.--All members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (4) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (5) Compensation.-- (A) In general.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (B) Travel expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 5. PROCEDURES OF COMMISSION. (a) Initial Meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable. After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. (b) Quorum.-- (1) In general.--Except as provided in paragraph (2), a majority of the members of the Commission shall constitute a quorum. (2) Alternative quorum for taking testimony.--For purposes of taking testimony of witnesses, two members of the Commission may constitute a quorum, so long as at least one of the members is a member appointed under paragraph (1) of section 4(a) and at least one of the members is a member appointed under paragraph (2) of section 4(a). (c) Voting.--No proxy voting shall be allowed on behalf of a member of the Commission. (d) Rules of Procedure.-- (1) In general.--The Commission shall establish rules for the conduct of the Commission's business, if such rules are not inconsistent with this Act or other applicable law. (2) Adoption at initial meeting.--At its initial meeting, the Commission shall adopt the rules established under paragraph (1). SEC. 6. FUNCTIONS OF COMMISSION. (a) In General.--The duties of the Commission are as follows: (1) To investigate attempts or activities by the Russian government, persons or entities associated with the Russian government, or persons or entities within Russia to use electronic means to influence, interfere with, or sow distrust in elections for public office held in the United States in 2016, including the following: (A) Electronic hacks by the Russian government, persons or entities associated with the Russian government, or other persons or entities within Russia into-- (i) the electronic systems of the Democratic National Committee; (ii) the electronic systems of the Democratic Congressional Campaign Committee; (iii) the electronic systems of Mr. John Podesta, campaign chairman for Democratic presidential nominee Hillary Clinton; (iv) the electronic systems of former Secretary of State Colin Powell; and (v) the electronic systems of Arizona, Illinois, and Florida, particularly voter database information. (B) Efforts by the Russian government, persons or entities associated with the Russian government, or persons or entities within Russia to put forward, disseminate, or promote false news about the campaigns for elections for public office held in the United States in 2016. (C) Efforts by the Russian government to work with other governments, entities, and individuals to carry out activities described in subparagraphs (A) and (B). (2) To investigate attempts or activities by governments other than the Russian government, persons or entities associated with governments other than the Russian government, and other entities and individuals to use electronic means to influence, interfere with, or sow distrust in elections for public office held in the United States in 2016, including activities similar to those described in subparagraphs (A) through (C) of paragraph (1). (3) To identify, review, and evaluate the lessons learned from the attempts, activities, and efforts described in paragraphs (1) and (2) relative to detecting, preventing, protecting from, and responding to such attempts, activities, and efforts. (4) To make such recommendations as the Commission considers appropriate to ensure that foreign governments and persons associated with foreign governments never again use electronic means to influence, interfere with, or sow distrust in elections for public office held in the United States. (b) Reports to the President and Congress.-- (1) Interim reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by a majority of Commission members. (2) Final report.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations as have been agreed to by a majority of Commission members. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (2) subject to subsection (b)(1), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (b) Subpoenas.-- (1) Issuance.-- (A) In general.--A subpoena may be issued under this subsection only-- (i) by the agreement of the chair and vice chair; or (ii) by the affirmative vote of a majority of the members of the Commission. (B) Signature.--Subject to subparagraph (A)(i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, may be served by any person designated by the chairman or by a member designated by a majority of the Commission. (2) Enforcement.-- (A) In general.--In the case of contumacy or failure to obey a subpoena issued under paragraph (1), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (B) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received as certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (c) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (d) Information From Federal Agencies.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (e) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 8. STAFF. (a) In General.-- (1) Appointment and compensation.--The chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees.-- (A) In general.--The staff director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Expert and Consultant Services.--The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 9. PUBLIC MEETINGS; PUBLIC VERSIONS OF REPORTS. (a) Requiring Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under section 6(b). (b) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 11. TERMINATION. (a) In General.--The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under section 6(b)(2). (b) Administrative Activities Before Termination.--The Commission may use the 60-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports, and disseminating the final report. SEC. 12. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated $3,000,000 to carry out this Act. (b) Duration of Availability.--Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission. SEC. 13. DEFINITION. In this Act, the term ``electronic systems'' means computers, servers, and electronic communications.

Protecting Our Democracy Act This bill establishes in the legislative branch the National Commission on Foreign Interference in the 2016 Election to examine any attempts or activities by the Russian government or other governments, persons or entities associated with such governments, or persons or entities within Russia to use electronic means to influence, interfere with, or sow distrust in elections for public office held in the United States in 2016.

Protecting Our Democracy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Underground Railroad Freedom Center Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the National Underground Railroad Freedom Center (hereinafter ``Freedom Center'') is a nonprofit organization incorporated under the laws of the State of Ohio in 1995; (2) the objectives of the Freedom Center are to interpret the history of the Underground Railroad through development of a national cultural institution in Cincinnati, Ohio, that will house an interpretive center, including museum, educational, and research facilities, all dedicated to communicating to the public the importance of the quest for human freedom which provided the foundation for the historic and inspiring story of the Underground Railroad; (3) the City of Cincinnati has granted exclusive development rights for a prime riverfront location to the Freedom Center; (4) the Freedom Center will be a national center linked through state-of-the-art technology to Underground Railroad sites and facilities throughout the United States and to a constituency that reaches across the United States, Canada, Mexico, the Caribbean and beyond; and (5) the Freedom Center has reached an agreement with the National Park Service to pursue a range of historical and educational cooperative activities related to the Underground Railroad, including but not limited to assisting the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act. (b) Purposes.--The purposes of this Act are-- (1) to promote preservation and public awareness of the history of the Underground Railroad; (2) to assist the Freedom Center in the development of its programs and facilities in Cincinnati, Ohio; and (3) to assist the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act (112 Stat. 679; 16 U.S.C. 469l and following). SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Project budget.--The term ``project budget'' means the total amount of funds expended by the Freedom Center on construction of its facility, development of its programs and exhibits, research, collection of informative and educational activities related to the history of the Underground Railroad, and any administrative activities necessary to the operation of the Freedom Center, prior to the opening of the Freedom Center facility in Cincinnati, Ohio. (3) Federal share.--The term ``Federal share'' means an amount not to exceed 20 percent of the project budget and shall include all amounts received from the Federal Government under this legislation and any other Federal programs. (4) Non-federal share.--The term ``non-Federal share'' means all amounts obtained by the Freedom Center for the implementation of its facilities and programs from any source other than the Federal Government, and shall not be less than 80 percent of the project budget. (5) The freedom center facility.--The term ``the Freedom Center facility'' means the facility, including the building and surrounding site, which will house the museum and research institute to be constructed and developed in Cincinnati, Ohio, on the site described in section 4(c). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Program Authorized.--From sums appropriated pursuant to the authority of subsection (d) in any fiscal year, the Secretary is authorized and directed to provide financial assistance to the Freedom Center, in order to pay the Federal share of the cost of authorized activities described in section 5. (b) Expenditure on Non-Federal Property.--The Secretary is authorized to expend appropriated funds under subsection (a) of this section to assist in the construction of the Freedom Center facility and the development of programs and exhibits for that facility which will be funded primarily through private and non-Federal funds, on property owned by the City of Cincinnati, Hamilton County, and the State of Ohio. (c) Description of the Freedom Center Facility Site.--The facility referred to in subsections (a) and (b) will be located on a site described as follows: a 2-block area south of new South Second, west of Walnut Street, north of relocated Theodore M. Berry Way, and east of Vine Street in Cincinnati, Ohio. (d) Authorization of Appropriations.--There are authorized to be appropriated $16,000,000 for the 4 fiscal year period beginning October 1, 1999. Funds not to exceed that total amount may be appropriated in one or more of such fiscal years. Funds shall not be disbursed until the Freedom Center has commitments for a minimum of 50 percent of the non-Federal share. (e) Availability of Funds.--Notwithstanding any other provision of law, funds appropriated to carry out the provisions of this Act shall remain available for obligation and expenditure until the end of the fiscal year succeeding the fiscal year for which the funds were appropriated. (f) Other Provisions.--Any grant made under this Act shall provide that-- (1) no change or alteration may be made in the Freedom Center facility except with the agreement of the property owner and the Secretary; (2) the Secretary shall have the right of access at reasonable times to the public portions of the Freedom Center facility for interpretive and other purposes; and (3) conversion, use, or disposal of the Freedom Center facility for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to compensation equal to the greater of-- (A) all Federal funds made available to the grantee under this Act; or (B) the proportion of the increased value of the Freedom Center facility attributable to such funds, as determined at the time of such conversion, use, or disposal. SEC. 5. AUTHORIZED ACTIVITIES. (a) In General.--The Freedom Center may engage in any activity related to its objectives addressed in section 2(a), including, but not limited to, construction of the Freedom Center facility, development of programs and exhibits related to the history of the Underground Railroad, research, collection of information and artifacts and educational activities related to the history of the Underground Railroad, and any administrative activities necessary to the operation of the Freedom Center. (b) Priorities.--The Freedom Center shall give priority to-- (1) construction of the Freedom Center facility; (2) development of programs and exhibits to be presented in or from the Freedom Center facility; and (3) providing assistance to the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act (16 U.S.C. 469l). SEC. 6. APPLICATION. (a) In General.--The Freedom Center shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. Each application shall-- (1) describe the activities for which assistance is sought; (2) provide assurances that the non-Federal share of the cost of activities of the Freedom Center shall be paid from non-Federal sources, together with an accounting of costs expended by the Freedom Center to date, a budget of costs to be incurred prior to the opening of the Freedom Center facility, an accounting of funds raised to date, both Federal and non- Federal, and a projection of funds to be raised through the completion of the Freedom Center facility. (b) Approval.--The Secretary shall approve the application submitted pursuant to subsection (a) unless such application fails to comply with the provisions of this Act. SEC. 7. REPORTS. The Freedom Center shall submit an annual report to the appropriate committees of the Congress not later than January 31, 2000, and each succeeding year thereafter for any fiscal year in which Federal funds are expended pursuant to this Act. The report shall-- (1) include a financial statement addressing the Freedom Center's costs incurred to date and projected costs, and funds raised to date and projected fundraising goals; (2) include a comprehensive and detailed description of the Freedom Center's activities for the preceding and succeeding fiscal years; and (3) include a description of the activities taken to assure compliance with this Act. SEC. 8. AMENDMENT TO THE NATIONAL UNDERGROUND RAILROAD NETWORK TO FREEDOM ACT OF 1998. The National Underground Railroad Network to Freedom Act of 1998 (112 Stat. 679; 16 U.S.C. 469l and following) is amended by adding at the end the following: ``SEC. 4. PRESERVATION OF HISTORIC SITES OR STRUCTURES. ``(a) Authority to Make Grants.--The Secretary of the Interior may make grants in accordance with this section for the preservation and restoration of historic buildings or structures associated with the Underground Railroad, and for related research and documentation to sites, programs, or facilities that have been included in the national network. ``(b) Grant Conditions.--Any grant made under this section shall provide that-- ``(1) no change or alteration may be made in property for which the grant is used except with the agreement of the property owner and the Secretary; ``(2) the Secretary shall have the right of access at reasonable times to the public portions of such property for interpretive and other purposes; and ``(3) conversion, use, or disposal of such property for purposes contrary to the purposes of this Act, as determined by the Secretary, shall result in a right of the United States to compensation equal to all Federal funds made available to the grantee under this Act. ``(c) Matching Requirement.--The Secretary may obligate funds made available for a grant under this section only if the grantee agrees to match, from funds derived from non-Federal sources, the amount of the grant with an amount that is equal to or greater than the grant. The Secretary may waive the requirement of the preceding sentence with respect to a grant if the Secretary determines that an extreme emergency exists or that such a waiver is in the public interest to assure the preservation of historically significant resources. ``(d) Funding.--There are authorized to be appropriated to the Secretary for purposes of this section $2,500,000 for fiscal year 2001 and each subsequent fiscal year. Amounts authorized but not appropriated in a fiscal year shall be available for appropriation in subsequent fiscal years.''.

Authorizes appropriations.Requires annual reports from the Center to Congress.Amends the National Underground Railroad Network to Freedom Act of 1998 to authorize the Secretary to make grants for the preservation and restoration of historic buildings or structures associated with the Underground Railroad and related research and documentation to sites, programs, or facilities that have been included in the national underground railroad network. Provides a matching funds requirement. Authorizes appropriations.

National Underground Railroad Freedom Center Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Young Americans Financial Literacy Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) That 87 percent of Americans believe finance education should be taught in schools and 92 percent of K-12 teachers believe that financial education should be taught in school, but only 12 percent of teachers actually teach the subject. (2) According to a 2016 survey, 1 in 3 States require high school students to take a personal finance course, and only 5 States require high school students to take a semester long personal finance course. (3) The percentage of Americans grading themselves with an A or B in personal finance knowledge has declined from 60 percent in 2013 to 56 percent in 2016. In 2016, 75 percent of Americans admitted they could benefit from additional advice and answers to everyday financial questions from a professional. Most adults feel that their financial literacy skills are inadequate, yet they do not rely on anyone else to handle their finances; they feel it is important to know more but have received no financial education. (4) It is necessary to respond immediately to the pressing needs of individuals faced with the loss of their financial stability; however increased attention must also be paid to financial literacy education reform and long-term solutions to prevent future personal financial disasters. (5) Research-based financial literacy education programs are needed to reach individuals at all ages and socioeconomic levels, particularly those facing unique and challenging financial situations, such as high school graduates entering the workforce, soon-to-be and recent college graduates, young families, and to address the unique needs of military personnel and their families. (6) High school and college students who are exposed to cumulative financial education show an increase in financial knowledge, which in turn drives increasingly responsible behavior as they become young adults. (7) Sixty percent of parents identify their teens as ``quick spenders'', and most acknowledge they could do a better job of teaching and preparing kids for the financial challenges of adulthood, including budgeting, saving, and investing. (8) The majority (52 percent) of young adults ages 23 through 28 consider ``making better choices about managing money'', the single most important issue for individual Americans to act on today. (9) According to the Government Accountability Office, giving Americans the information they need to make effective financial decisions can be key to their well-being and to the country's economic health. The recent financial crisis, when many borrowers failed to fully understand the risks associated with certain financial products, underscored the need to improve individuals' financial literacy and empower all Americans to make informed financial decisions. This is especially true for young people as they are earning their first paychecks, securing student aid, and establishing their financial independence. Therefore, focusing economic education and financial literacy efforts and best practices for young people ages 8 through 24 is of utmost importance. SEC. 3. AUTHORIZATION FOR FUNDING THE ESTABLISHMENT OF CENTERS OF EXCELLENCE IN FINANCIAL LITERACY EDUCATION. (a) In General.--The Director of the Bureau of Consumer Financial Protection, in consultation with the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement Act, shall make competitive grants to and enter into agreements with eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old. (b) Authorized Activities.--Activities authorized to be funded by grants made under subsection (a) shall include the following: (1) Developing and implementing comprehensive research based financial literacy education programs for young people-- (A) based on a set of core competencies and concepts established by the Director, including goal setting, planning, budgeting, managing money or transactions, tools and structures, behaviors, consequences, both long- and short-term savings, managing debt and earnings; and (B) which can be incorporated into educational settings through existing academic content areas, including materials that appropriately serve various segments of at-risk populations, particularly minority and disadvantaged individuals. (2) Designing instructional materials using evidence-based content for young families and conducting related outreach activities to address unique life situations and financial pitfalls, including bankruptcy, foreclosure, credit card misuse, and predatory lending. (3) Developing and supporting the delivery of professional development programs in financial literacy education to assure competence and accountability in the delivery system. (4) Improving access to, and dissemination of, financial literacy information for young people and families. (5) Reducing student loan default rates by developing programs to help individuals better understand how to manage educational debt through sustained educational programs for college students. (6) Conducting ongoing research and evaluation of financial literacy education programs to assure learning of defined skills and knowledge, and retention of learning. (7) Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities. (c) Priority for Certain Applications.--The Director shall give a priority to applications that-- (1) provide clear definitions of ``financial literacy'' and ``financially literate'' to clarify educational outcomes; (2) establish parameters for identifying the types of programs that most effectively reach young people and families in unique life situations and financial pitfalls, including bankruptcy, foreclosure, credit card misuse, and predatory lending; (3) include content that is appropriate to age and socioeconomic levels; (4) develop programs based on educational standards, definitions, and research; (5) include individual goals of financial independence and stability; and (6) establish professional development and delivery systems using evidence-based practices. (d) Application and Evaluation Standards and Procedures; Distribution Criteria.--The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate. (e) Limitation on Grant Amounts.-- (1) In general.--The aggregate amount of grants made under this section during any fiscal year may not exceed $55,000,000. (2) Termination.--No grants may be made under this section after the end of fiscal year 2019. (f) Definitions.--For purposes of this Act the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Bureau of Consumer Financial Protection. (2) Eligible institution.--The term ``eligible institution'' means a partnership of two or more of the following: (A) Institution of higher education. (B) Local educational agency. (C) A nonprofit agency, organization, or association. (D) A financial institution. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

Young Americans Financial Literacy Act This bill requires the Consumer Financial Protection Bureau to award competitive grants to eligible institutions for the establishment of centers of excellence to support research, development, implementation, and evaluation of effective financial-literacy education programs for young people and families. An "eligible institution" is a partnership among two or more of the following: an institution of higher education; a local educational agency; a nonprofit agency, organization, or association; or a financial institution. Authorized grant-funded activities shall include: developing and implementing comprehensive, research-based, financial-literacy education programs for young people; designing instructional materials; developing and supporting the delivery of professional-development programs in financial-literacy education; improving access to, and dissemination of, financial-literacy information for young people and families; developing educational programs to reduce student-loan default rates; conducting ongoing research and evaluation of financial-literacy education programs; and measuring the effectiveness of authorized activities. The grant program shall terminate after FY2019.

Young Americans Financial Literacy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Advancement of Women in the Science and Engineering Work Forces Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) despite a consistently high presence of women in the professional and total work forces of the United States, women continue to be underrepresented in the science and engineering work forces; (2) women scientists and engineers have higher rates of unemployment and underemployment than their male counterparts, although the number of women receiving degrees in scientific and engineering disciplines has increased since 1981; (3) artificial barriers exist in the recruitment, retention, and advancement of women in the science and engineering work forces; (4) academia, industry, and government are increasingly aware of the necessity of and the advantages derived from diverse science and engineering work forces; (5) initiatives of the White House Task Force on Women, Minorities, and the Handicapped in Science and Technology and of the Federal Coordinating Council on Science, Engineering, and Technology have been instrumental in raising public awareness of-- (A) the underrepresentation of women in the science and engineering work forces; and (B) the desirability of eliminating artificial barriers to the recruitment, retention, and advancement of women in such work forces; and (6) the establishment of a commission to examine issues raised by these initiatives would help to-- (A) focus greater attention on the importance of eliminating artificial barriers to the recruitment, retention, and advancement of women in the science and engineering work forces and in all employment sectors of the United States; (B) promote work force diversity; (C) sensitize employers to the need to recruit and retain women scientists and engineers in order to overcome projected shortfalls within the science and engineering work forces of the United States during the next 20 years; and (D) encourage the replication of successful recruitment and retention programs by universities, corporations, and Federal agencies having difficulties in employing women scientists and engineers. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Commission on the Advancement of Women in the Science and Engineering Work Forces'' (hereinafter in this Act referred to as the ``Commission''). SEC. 4. DUTY OF COMMISSION. The Commission shall conduct a study to-- (1) identify the number of women in the United States in the science and engineering work forces, and the specific types of occupations in such workforces in which women scientists and engineers are underrepresented; (2) examine the preparedness of women to-- (A) pursue careers in the science and engineering work forces; and (B) advance to positions of greater responsibility within academia, industry, and government; (3) describe the practices and policies of employers and labor unions relating to the recruitment, retention, and advancement of women scientists and engineers; (4) identify the opportunities for, and artificial barriers to, the recruitment, retention, and advancement of women scientists and engineers in academia, industry, and government; (5) describe the employment situations in which the recruitment, retention, and advancement of women scientists and engineers are comparable to their male counterparts, and identify those situations in which such comparability does not exist; (6) compile a synthesis of available research on practices, policies, and programs that have successfully led to the recruitment, retention, and advancement of women in the science and engineering work forces, including training programs, rotational assignments, developmental programs, reward programs, employee benefit structures, and family leave policies; (7) examine such other issues and information relating to the advancement of women in the science and engineering work forces as determined by the Commission to be appropriate; and (8) issue recommendations that government (including Congress and appropriate Federal agencies), academia, and private industry can follow to assist in the recruitment, retention, and advancement of women in science and engineering. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 18 members as follows: (1) 5 members appointed by the President. (2) 3 members appointed jointly by the Speaker of the House of Representatives and the majority leader of the Senate. (3) 1 member appointed by the majority leader of the House of Representatives. (4) 1 member appointed by the minority leader of the House of Representatives. (5) 1 member appointed by the majority leader of the Senate. (6) 1 member appointed by the minority leader of the Senate. (7) 2 Members of the House of Representatives, appointed jointly by the majority leader and the minority leader of the House of Representatives. (8) 2 Senators appointed jointly by the majority leader and the minority leader of the Senate. (9) The Director of the Office of Science and Technology Policy. (b) Additional Qualifications.--Initial appointments shall be made under subsection (a) not later than 180 days after the date of the enactment of this Act. In making each appointment under subsection (a), the appointing authority shall consider (among other factors) whether the individual-- (1) is a member of an organization representing women and minorities; (2) holds executive management or senior decision-making positions in any business entity; and (3) possesses academic expertise or other recognized abilities relating to employment and employment discrimination issues. (c) Political Affiliation.--Not more than \1/2\ of the members may be of the same political party. (d) Continuation of Membership.--If a member was appointed to the Commission because the member was an officer or employee of any government and later ceases to be such an officer or employee, that member may continue as a member of the Commission for not longer than the 60-day period beginning on the date the member ceases to be such an officer or employee. (e) Terms.-- (1) In general.--Each Member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), each member of the Commission shall receive compensation at the daily equivalent of the maximum rate of pay payable under section 5376 of title 5, United States Code, for each day the member is engaged in the performance of duties for the Commission, including attendance at meetings and conferences of the Commission, and travel to conduct the duties of the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (g) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (i) Chairperson.--The Director of the Office of Science and Technology Policy shall serve as the Chairperson of the Commission. (j) Meetings.-- (1) Meetings prior to completion of report.--The Commission shall meet not fewer than 5 times in connection with and pending the completion of the reports described in subsections (a) and (b) of section 8. The Commission shall hold additional meetings for such purpose if the Chairperson or a majority of the members of the Commission requests the additional meetings in writing. (2) Meetings after completion of report.--The Commission shall meet at least once, but not more than twice after the completion of the report described in section 8(b), in connection with and pending completion of the report required by section 8(c). (k) Employment Status.--A member of the Commission, who is not otherwise an officer or employee of the Federal Government, shall not be deemed to be an employee of the Federal Government except for the purposes of-- (1) the tort claims provisions of chapter 171 of title 28, United States Code; and (2) subchapter I of chapter 81 of title 5, United States Code, relating to compensation for work injuries. SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a Director who shall be appointed by the Chairperson. The Director shall be paid at a rate not to exceed the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code. (b) Staff.--Subject to rules prescribed by the Commission, the Chairperson may appoint and fix the pay of additional personnel as the Chairperson considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Contract Authority.--To the extent provided in advance in appropriations Acts, the Commission may contract with and compensate government and private agencies or persons for the purpose of conducting research or surveys necessary to enable the Commission to carry out its duties under this Act. SEC. 8. REPORTS. (a) Status Report.--Not later than 1 year after the date on which the initial appointments under section 5(a) are completed, the Commission shall submit to the President and the Congress a written report describing the current activities and findings of the Commission and the direction of the Commission. (b) Recommendation Report.--Not later than 18 months after the date on which the initial appointments under section 5(a) are completed, the Commission shall submit to the President and the Congress a written report containing-- (1) the findings and conclusions of the Commission resulting from the study conducted under section 4; and (2) recommendations, including specific proposed legislation and administrative action, based on the findings and conclusions referred to in paragraph (1). (c) Follow-Up Report.--After submission of the report required by subsection (b) and before the termination of the Commission, the Commission shall submit to the President and to the Congress a written report-- (1) identifying which of the recommendations included in such report have been implemented; and (2) containing any additional information the Commission considers to be appropriate. SEC. 9. CONSTRUCTION; USE OF INFORMATION OBTAINED. (a) In General.--Nothing in this Act shall be construed to require any non-Federal entity (such as a business, college, or university, foundation, or research organization) to provide information to the Commission concerning such entity's personnel policies, including, but not limited to, salaries and benefits, promotion criteria, and affirmative action plans. (b) Use of Information Obtained.--No information obtained from any entity by the Commission may be used in connection with any employment related litigation. SEC. 10. TERMINATION. The Commission shall terminate 1 year after submitting the report required by section 8(b). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal years 1995, 1996, and 1997 such sums as may be necessary to carry out this Act. S 2356 IS----2

Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces. Prohibits: (1) construing this Act to require any non-Federal entity to provide information to the Commission on such entity's personnel practices; and (2) using information obtained by the Commission from any entity in connection with any employment-related litigation. Terminates the Commission one year after submission of a report required by this Act. Authorizes appropriations.

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

SECTION 1. FINDINGS. The Congress finds the following: (1) California's rapid population growth and the lack of understanding about the environmental impacts of this growth have caused a number of serious present and potential barriers to future economic development of California. (2) California has great environmental complexity and diversity and a great variety of human interventions in its ecosystem. (3) Future environmental policies for California must be informed by careful cost-benefit analysis that considers the serious risks, and the benefits, of environmental policy. (4) The California Urban Environmental Research and Education Center promotes coordination of and collaboration on environmentally sound economic development in California and ensures that continued sustainable economic development can occur. (5) Due to the closing of many military facilities and installations in California, such Center can provide important assistance to the process of converting defense resources to non-defense uses. (6) The Center is in a position to develop model incentives and remove market barriers so as to motivate greater private sector involvement and investment in the solution of environmental problems. SEC. 2. CENTER. (a) Support.--The Administrator of the Environmental Protection Agency shall continue to support the development and expansion of the California Urban Environmental Research and Education Center. (b) Cooperative Agreement.-- (1) Authority.--If the California State University, Hayward consents and provides the matching funds required by paragraph (2), the Administrator shall enter into a series of cooperative agreements with the California State University, Hayward to provide continuing support for the Center. The California State University, Hayward shall work in close cooperation with the other universities of the California State University system (including the California State Universities at Sacramento, San Jose, San Francisco, and Sonoma) in the research and policy analysis performed under any such cooperative agreement. (2) Matching funds.--In any cooperative agreement described in paragraph (1), the California State University, Hayward, shall guarantee matching funds or in-kind resources equal to 20 percent of the funds received by the Center from the Administrator. The Center and the California State University, Hayward shall, to the maximum extent practicable, solicit additional funds or in-kind contributions from State, local, and private sector sources to increase the ability of the Center to conduct applied research and education projects under this Act. (3) Membership.--A university in the California State University system or a university in California which is not a university in the California State University system may become a member of the Center under such guidelines and conditions as are reasonable and mutually agreeable to the Center and the university. (c) Governing Board.-- (1) Initial appointments.--For the two-year period beginning on the date of the establishment of the Center, the Center shall have a Governing Board composed of the following: (A) The Executive Director of the Center. (B) One member appointed by the President of the California State University, Hayward. (C) One member appointed by the President of the California State University, Sacramento. (D) One member appointed by the President of the California State University, San Jose. (E) One member appointed by the President of the California State University, San Francisco. (F) One member appointed by the President of the California State University, Sonoma. (2) Subsequent appointments.--After the two-year period referred to in paragraph (1), the composition of the Governing Board shall be determined by the sitting members of the Governing Board, in consultation with the Presidents of each university of the California State University system, except as provided in subsection (d)(1). (3) Chair.--The Executive Director shall serve as chair of the Governing Board for the first five years after the establishment of the Center. Subsequently, the Governing Board shall elect a chair from among its members. (4) Duties.--It shall be the duty of the Governing Board-- (A) to establish criteria for membership in the Center; (B) to establish criteria and requirements for the contribution of matching funds or in kind contributions by member universities and those applying for membership in the Center; (C) to establish guidelines for fair representation on the Governing Board of universities that are not universities of the California State University system; (D) to establish how scholarships, fellowships, and grants will be awarded by the Center; (E) to advise the Executive Director of the Center on matters pertaining to the management of the Center's internal projects and administration, with respect to the management of grants; and (F) to perform such other duties, with respect to the management of grants, as the Governing Board considers necessary to carry out the functions of the Center under this Act. (d) Executive Director; Staff.-- (1) Executive director.--The Center shall have an Executive Director who shall be appointed for a five-year term. The President of the California State University, Hayward shall make the initial appointment of an Executive Director for a five-year term beginning on the date of the establishment of the Center, and shall make an appointment for the second five- year term. The Governing Board shall appoint each Executive Director appointed after the initial two appointments. (2) Budget.--The Executive Director shall annually submit to the Governing Board a budget which includes projected staff requirements and other projected expenses. The Governing Board shall review and advise on the budget each year. (e) Principal Office.--(1) The principal office of the Center shall be located in northern California. (2) Before the end of the two-year period beginning on the date of the establishment of the Center, the Governing Board shall consider the establishment of a second office and conference facility to be located in southern California, convenient to member universities. SEC. 3. FUNCTIONS. (a) In General.--The overall objective of the Center shall be to promote and foster sustainable economic development throughout the State of California, using the resources and skills of its universities and colleges whenever possible. The Center shall achieve such objective by engaging in the following functions: (1) To develop an ongoing program of applied environmental research, education, and outreach that can be used by the Federal Government, State and local governments, and the private sector to ensure that future government policies to encourage economic development in California are grounded on sound, sustainable environmental and economic principles. (2) To foster public-private partnerships to find solutions to the environmental problems of California and ways of removing market barriers to private sector development. (3) To bring together researchers from the member universities and colleges of the Center to focus on the most important environmental problems of California related to sustainable economic development, with the aim of analysis and synthesis of policy implications and dissemination of policy oriented research findings to managers in the public and private sectors. (4) To support the following activities: (A) The coordination and funding of research activities of universities for collaborative collection and evaluation of data on California's geology, hydrology, soils, biology, weather and climate, natural hazards, demography, infrastructure, resource use, land-use patterns, land-ownership patterns, business development, environmental equity, and regulatory zones. (B) The analysis of public policy implications of economic development programs that affect the ecology of California. (C) The conduct of seminars and other educational programs for policy makers in the Federal Government, State and local governments, and the private sector on the implications of the findings and conclusions derived from the Center's activities. The Center shall use electronic technology, such as computer networks and video conferencing, to convey the cumulative findings and conclusions derived from the Center's activities and to foster an exchange of ideas. (D) The conduct, not more than once each year, of a national conference on ecology and sustainable economic development for business and labor leaders to foster an exchange of ideas and information. (E) The provision of ready access to the Center's collective expertise for policy makers in the Federal Government and State and local governments, and for representatives of private- and public-sector organizations, through meetings, publications, special reports, video, electronic mail, computer networks, and other means to share up-to-date information on research findings and policy development for sustainable economic development. (F) The minimization of duplication and waste in applied research and demonstration programs within the areas of the Center's expertise. (G) The development of educational programs, curricula, and instructional materials for colleges, universities, and other educational institutions to impart the knowledge and skills required to implement environmentally sustainable economic development, for the purpose of equipping students for jobs in the public and private sectors. (H) The development of bachelors and masters degree programs for individuals who have lost or may lose employment as a result of cutbacks in defense spending to prepare such individuals for employment as environmental professionals, and the development of certification programs in environmental sciences and studies for such individuals. (I) The preparation of minority students for environmental professions, including the development of an enriched curriculum in the environmental sciences at the baccalaureate and post-graduate levels for underrepresented minority students to prepare such students for careers in various environmental areas, such as environmental health and the clean-up of military installations and facilities. (J) The development and administration of a repository of information on key environmental and related economic development issues that can be readily accessed by private- and public-sector entities, including imposition, if necessary, of a fee for users of the repository to cover the cost of its operation. (5) To work closely with other university research centers for which funds have been provided by the Environmental Protection Agency to help establish a National Environmental Outreach Program to assist the Federal Government, State and local governments, and the private sector in programs and projects designed to promote environmentally sound economic development. (6) To work closely with Federally-funded research centers, such as the Lawrence-Livermore National Research Laboratory, to foster the transfer and application of environmental technology to the private sector. (7) To help incubate or expand small, environmentally related businesses where market barriers exist to such incubation or expansion. (8) To assist small businesses in meeting environmental regulations by providing short courses and conferences and to develop methods and models by which small businesses may finance ``green'' investment where private-sector funds are otherwise not generally available. (9) To work closely, as requested, with public-sector officials, private-sector businesses, and individuals seeking alternative uses for military installations and facilities that have been or are about to be closed to assist in planning the environmental aspects of the conversion and clean-up of the installations and facilities, and to help with the economic development aspects of the closing of the installations and facilities. (10) During its first year, to develop a plan, in conjunction with other universities to extend the activities of the Center throughout the State within 3 years. The plan shall pay particular attention to the need for environmentally sound conversion and economic use of military installations and facilities throughout the State. (b) Scholarships, Fellowships, and Grants.-- (1) Scholarships.--The Center may provide for the award of undergraduate scholarships for individuals studying in environmental fields at universities that are members of the Center. Individuals who have lost or may lose employment as a result of the closing of a military installation or facility in the State of California shall have preference over other individuals in the award of scholarships under this paragraph. (2) Fellowships.--The Center may provide for the award of graduate assistantships and fellowships at the Center to encourage study in fields related to sustainable economic development. Preference shall be given to those who have been or are about to be laid off as a result of military base closings in California. (3) Research grants.--The Center may award research grants to faculty at universities and colleges, both public and private, to encourage research critical to the achievement of the functions described in subsection (a). SEC. 4. REPORT. The Center shall annually submit to the Administrator a report on the activities of the Center and on any changing budget needs. The Center shall include in the first report submitted under this subsection a statement of any additional funds that may be required to extend the activities of the Center throughout the State. SEC. 5. GIFTS AND DONATIONS. The Center may receive funds and other property donated, bequeathed, or devised to the Center with or without a condition of restriction, for the purpose of furthering the activities of the Center. All funds donated, bequeathed, or devised to the Center shall be retained in a separate account. Each annual report submitted pursuant to section 4 shall include an accounting of the funds and property donated, bequeathed, or devised to the Center during the year covered by the annual report. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``Center'' means the California Urban Environmental Research and Education Center established pursuant to section 2. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Administrator for provision to the Center to carry out this Act $4,500,000 for fiscal year 1996 and such sums as may be necessary for each of fiscal years 1997 through 2000. (b) Availability.--Funds appropriated pursuant to the authority of subsection (a) shall remain available until expended. (c) Matching Funds.--In addition to amounts provided as described in section 2(b)(2), the Center shall make a good faith effort to match the amount of funds appropriated pursuant to this section with funding from State and local governments and the private sector.

Stipulates that if the California State University, Hayward, matches 20 percent of the funds that the Administrator of the Environmental Protection Agency provides to the California Urban Environmental Research and Education Center, the Administrator shall enter into a series of cooperative agreements with the University to provide continuing support for the Center. Declares the overall objective of the center to be to promote sustainable economic development throughout California by engaging in specified functions, including: (1) developing an ongoing program of applied environmental research, education, and outreach that the Federal, State, and local governments and the private sector can use; (2) fostering of public-private partnerships to find solutions to environmental problems of California; (3) bringing together university and college researchers to focus on California's most important environmental problems; (4) supporting activities such as the coordination and funding of research activities for the collection and evaluation of data, the conduct of seminars and educational programs, the conduct of a national conference, and the development of bachelors and masters degree programs to prepare individuals for employment as environmental professionals; and (5) working with other university research centers provided funds by EPA to help establish a National Environmental Outreach Program to assist governments and the private sector in programs to promote environmentally sound economic development. Authorizes the Center to provide undergraduate scholarships for individuals studying in environmental fields, assistantships and fellowships for graduate students to encourage study in fields related to sustainable economic development, and research grants to faculty at universities and colleges. Authorizes appropriations.

To provide for the continuation of the operations of the California Urban Environmental Research and Education Center.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sewage Sludge in Food Production Consumer Notification Act of 2003''. SEC. 2. NOTIFICATION TO CONSUMERS OF FOOD PRODUCTS PRODUCED ON LAND ON WHICH SEWAGE SLUDGE HAS BEEN APPLIED. (a) Adulterated Food Under Federal Food, Drug, and Cosmetic Act.-- Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following: ``(i)(1) Effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act of 2003, if it is a food (intended for human consumption and offered for sale) that was produced, or contains any ingredient that was produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the production of the food or ingredient on the land commenced; ``(B) the food bears a label that clearly indicates that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied; or ``(C) in the case of a raw agricultural commodity or other food generally offered for sale without labeling, a sign is posted within close proximity of the food to notify consumers that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied.''. (b) Adulterated Food Under Egg Products Inspection Act.--Section 4(a) of the Egg Products Inspection Act (21 U.S.C. 1033(a)) is amended-- (1) by striking ``or'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; or''; and (3) by adding at the end the following: ``(9) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act of 2003, if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; or ``(B) the container bears a label that clearly indicates that the egg or egg product was derived from poultry that-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''. (c) Adulterated Food Under Federal Meat Inspection Act.--Section 1(m) of the Federal Meat Inspection Act (21 U.S.C. 601(m)) is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; or''; and (3) by adding at the end the following: ``(10) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act of 2003, if it is derived from livestock that grazed, or consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the livestock began grazing on the land or the date on which the production of the animal feed on the land commenced; ``(B) the carcass, part thereof, meat or meat food product bears a label that clearly indicates that the livestock-- ``(i) grazed on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied; or ``(C) in the case of a carcass, part thereof, meat or meat food product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the livestock-- ``(i) grazed on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''. (d) Adulterated Food Under Poultry Products Inspection Act.-- Section 4(g) of the Poultry Products Inspection Act (21 U.S.C. 453(g)) is amended-- (1) by striking ``or'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(9) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act of 2003, if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; ``(B) the poultry product bears a label that clearly indicates that the poultry contained in the product-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied; or ``(C) in the case of a poultry product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the poultry contained in the product-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''. (e) Relation to National Organic Program.--Nothing in this section or the amendments made by this section shall be construed to modify the prohibition contained in part 205 of title 7, Code of Federal Regulations, on the use of sewage sludge, including ash, grit, or screenings from the production of sewage sludge, in organic food production under the National Organic Program of the Department of Agriculture.

Sewage Sludge in Food Production Consumer Notification Act of 2003 - Amends the Federal Food, Drug, and Cosmetic Act to classify a food as adulterated if it was produced, or contains any ingredient that was produced, on land on which sewage sludge was applied. Permits the following exceptions: (1) if the application of sewage sludge ended more than one year before the production of the food commenced; (2) if a labeling requirement is met; or (3) in the case of a food that is generally offered for sale without labeling, if an informative sign is posted near the product.Amends the Egg Products Inspection Act, the Federal Meat Inspection Act, and the Poultry Products Inspection Act to classify specified foods under those Acts as adulterated if sewage sludge was involved in specified ways in their production. Allows exceptions for each food similar to those to be permitted under the Federal Food, Drug, and Cosmetic Act.States that nothing in this Act shall be construed to modify the prohibition under a specified Federal regulation on the use of sewage sludge in organic food production under the National Organic Program of the Department of Agriculture.

To amend the Food, Drug, and Cosmetic Act and the egg, meat, and poultry inspection laws to ensure that consumers receive notification regarding food products produced from crops, livestock, or poultry raised on land on which sewage sludge was applied.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Fairness Act of 2002''. SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(z)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next higher multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``Last Payment of Benefit Terminated by Death ``(j)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next higher multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next higher multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. (d) Conforming Amendments Regarding Payment of Benefits for Month of Recipient's Death.-- (1) Old-age insurance benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (2) Wife's insurance benefits.-- (A) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (i) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (B) Conforming amendment.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (3) Husband's insurance benefits.-- (A) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (i) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (B) Conforming amendment.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (4) Child's insurance benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (B) by striking ``dies, or'' in subparagraph (D). (5) Widow's insurance benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (6) Widower's insurance benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (7) Mother's and father's insurance benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (A) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (B) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (8) Parent's insurance benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (9) Disability insurance benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (10) Benefits at age 72 for certain uninsured individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). (11) Exemption from maximum benefit cap.--Section 203 of such Act (42 U.S.C. 403 is amended by adding at the end the following new subsection: ``Exemption From Maximum Benefit Cap ``(m) Notwithstanding any other provision of this section, the application of this section shall be made without regard to any benefit of an individual under section 202, 223, or 228 for the month in which such individual dies.''. SEC. 3. INCREASE IN LUMP-SUM DEATH PAYMENTS. Section 202(i) of the Social Security Act (42 U.S.C. 402(i)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) in subparagraph (B) (as redesignated), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; (3) by inserting ``(1)'' after ''(i)''; (4) by striking ``three times'' and all that follows through ``smaller,'' and inserting ``the applicable dollar amount for the calendar year in which the death occurs (determined under paragraph (2))''; and (5) by adding at the end the following new paragraph: ``(2)(A) Except as otherwise provided in subparagraph (B), the applicable dollar amount for any calendar year is $955. ``(B) In each calendar year after 2002, the Commissioner of Social Security shall determine and publish in the Federal Register, on or before November 1 of such calendar year, the applicable dollar amount for the next calendar year. Such dollar amount shall be equal to the product derived by multiplying-- ``(i) $955, by ``(ii) the ratio of-- ``(I) the national average wage index (as defined in section 209(k)(1)) for the calendar year before the calendar year in which the determination is made, to ``(II) the national average wage index (as so defined) for calendar year 2001. If such product is not a multiple of $5.00, such product shall be rounded to the next higher multiple of $5.00 in any case in which such product is a multiple of $2.50 but not of $5.00, and to the nearest multiple of $5.00 in any other case.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after 90 days after the date of the enactment of this Act.

Social Security Fairness Act of 2002 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) provide that a monthly OASDI benefit shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month; and (2) increase the lump sum death payment.

To amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month, and to increase the lump sum death payment to reflect changes in the cost of living.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act'' or the ``ACCESS BROADBAND Act''. SEC. 2. ESTABLISHMENT OF THE OFFICE OF INTERNET CONNECTIVITY AND GROWTH. Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall establish the Office of Internet Connectivity and Growth within the National Telecommunications and Information Administration. SEC. 3. DUTIES. (a) Outreach.--The Office shall-- (1) connect with communities that need access to high-speed internet and improved digital inclusion efforts through various forms of outreach and communication techniques; (2) hold regional workshops across the country to share best practices and effective strategies for promoting broadband access and adoption; (3) develop targeted broadband training and presentations for various demographic communities through various media; and (4) develop and distribute publications (including toolkits, primers, manuals, and white papers) providing guidance, strategies, and insights to communities as the communities develop strategies to expand broadband access and adoption. (b) Tracking of Federal Dollars.-- (1) Broadband infrastructure.--The Office shall track the construction and use of and access to any broadband infrastructure built using any Federal support in a central database. (2) Accounting mechanism.--The Office shall develop a streamlined accounting mechanism by which any agency offering a Federal broadband support program and the Commission through the Universal Service Fund shall provide the information described in paragraph (1) in a standardized and efficient fashion. (3) Report.--Not later than 1 year after the date of the enactment of this Act, and every year thereafter, the Office shall make public on the website of the Office and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the following: (A) A description of the work of the Office for the previous year and the number of residents of the United States that received broadband as result of Federal broadband support programs and the Universal Service Fund program. (B) A description of how many residents of the United States were provided broadband by which universal service mechanism or which Federal broadband support program. (C) An estimate of the economic impact of such broadband deployment efforts on the local economy, including any effect on small businesses or jobs. SEC. 4. STREAMLINED APPLICATIONS FOR SUPPORT. (a) Agency Consultation.--The Office shall consult with any agency offering a Federal broadband support program to streamline and standardize the applications process for financial assistance or grants for such program. (b) Agency Streamlining.--Any agency offering a Federal broadband support program shall amend their applications for broadband support, to the extent practicable and as necessary, to streamline and standardize applications for Federal broadband support programs across the Government. (c) Single Application.--To the greatest extent practicable, the Office shall seek to create one application that may be submitted to apply for all, or substantially all, Federal broadband support programs. (d) Website Required.--Not later than 180 days after the date of the enactment of this Act, the Office shall create a central website through which potential applicants can learn about and apply for support through any Federal broadband support program. SEC. 5. COORDINATION OF SUPPORT. The Office, any agency that offers a Federal broadband support program, and the Commission through the Universal Service Fund shall coordinate with the Office to ensure that support is being distributed in an efficient, technology-neutral, and financially sustainable manner, with the goal of serving the largest number of persons in the United States while avoiding overbuilding and promoting the most job and economic growth for all residents of the United States. SEC. 6. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (2) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (3) Commission.--The term ``Commission'' means the Federal Communications Commission. (4) Federal broadband support program.--The term ``Federal broadband support program'' does not include any Universal Service Fund program and means any of the following programs (or any other similar Federal program) to the extent the program offers broadband internet service or programs for promoting broadband access and adoption for various demographic communities through various media for residential, commercial, community providers, or academic establishments: (A) The Telecommunications and Technology Program of the Appalachian Regional Commission. (B) The Telecommunications Infrastructure Loans and Loan Guarantees, the Rural Broadband Access Loans and Loan Guarantees, the Substantially Underserved Trust Areas Provisions, the Community Connect Grant Program, and the Distance Learning and Telemedicine Grant Program of the Rural Utilities Service of the Department of Agriculture. (C) The Public Works and Economic Adjustment Assistance Programs and the Planning and Local Technical Assistance Programs of the Economic Development Administration of the Department of Commerce. (D) The Community Development Block Grants and Section 108 Loan Guarantees, the Funds for Public Housing Authorities: Capital Fund and Operating Fund, the Multifamily Housing, the Indian Community Development Block Grant Program, the Indian Housing Block Grant Program, the Title VI Loan Guarantee Program, Choice Neighborhoods, the HOME Investment Partnerships Program, the Housing Trust Fund, and the Housing Opportunities for Persons with AIDS of the Department of Housing and Urban Development. (E) The American Job Centers of the Employment and Training Administration of the Department of Labor. (F) The Library Services and Technology Grant Programs of the Institute of Museum and Library Services. (5) Office.--The term ``Office'' means the Office of Internet Connectivity and Growth established pursuant to section 2. (6) Universal service fund program.--The term ``Universal Service Fund program'' means any program authorized under section 254 of the Communications Act of 1934 (47 U.S.C. 254) to help deploy broadband. (7) Universal service mechanism.--The term ``universal service mechanism'' means any funding stream provided by a Universal Service Fund program to support broadband access. SEC. 7. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to be appropriated to carry out this Act. This Act shall be carried out using amounts otherwise authorized. Passed the House of Representatives July 23, 2018. Attest: KAREN L. HAAS, Clerk.

Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act or the ACCESS BROADBAND Act (Sec. 2) This bill requires the Department of Commerce to establish the Office of Internet Connectivity and Growth within the National Telecommunications and Information Administration. (Sec. 3) The office shall: connect with communities that need access to high-speed Internet and improved digital inclusion efforts, hold regional workshops to share best practices and effective strategies for promoting broadband access and adoption, develop targeted broadband training and presentations for various demographic communities through media, develop and distribute publications providing guidance to communities for expanding broadband access and adoption, and track construction and use of and access to any broadband infrastructure built using federal support. The office must report annually: (1) a description of the office's work, (2) the number of U.S. residents who received broadband as result of federal broadband programs and the Universal Service Fund program, and (3) an estimate of the economic impact of such broadband deployment efforts on the local economy. (Sec. 4) The office shall consult with any agency offering a federal broadband support program in order to streamline the application process for financial assistance or grants and create one application that may be submitted to apply for all federal broadband support programs. (Sec. 5) The office, any agency that offers a federal broadband support program, and the Federal Communications Commission through the Universal Service Fund shall coordinate to ensure that broadband support is being distributed in an efficient, technology-neutral, and financially sustainable manner. (Sec. 7) No additional funds are authorized to carry out this bill.

Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Pay for Performance Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Federal deficit'' has the meaning given the term deficit by section 3(6) of the Congressional Budget Act of 1974 (2 U.S.C. 622(6)); (2) the term ``deficit target'', as used with respect to a fiscal year, means the maximum allowable Federal deficit for such fiscal year, as set forth in the concurrent resolution on the budget for fiscal year 1996; (3) the term ``concurrent resolution on the budget'' has the meaning given such term by section 3(4) of the Congressional Budget Act of 1974 (2 U.S.C. 622(4)); and (4) the term ``Member of Congress'' means an individual who holds a position referred to in section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31), as amended by section 4. SEC. 3. PAY AS A FUNCTION OF EFFORTS TO ELIMINATE THE FEDERAL DEFICIT. (a) If Deficit Targets Are Not Met.-- (1) Interim targets.--If, for any of fiscal years 1996 through 2001, inclusive, the Federal deficit for such fiscal year exceeds the deficit target for such fiscal year by more than $1 billion, then, effective as of the first day of the first applicable pay period of the first calendar year beginning after the end of such fiscal year, the rate of basic pay for each Member of Congress shall be equal to the rate in effect on the day before the date of the adjustment under this paragraph, reduced by the percentage derived by multiplying 0.5 percent by the number of billions of dollars (after rounding to the next lower multiple of $1 billion) by which such target was so exceeded, except that nothing in this paragraph shall cause any rate to be reduced below zero. (2) Final target.--If the Federal deficit for fiscal year 2002 is $1 billion or greater, then, effective as of the first day of the first applicable pay period in calendar year 2003, the rate of basic pay for each Member of Congress shall be zero. (b) If Deficit Targets Are Met.-- (1) Other than by eliminating the deficit.--Except as provided in paragraph (2), if, for any of fiscal years 1996 through 2001, inclusive, the Federal deficit for such year is less than, or within $1 billion of, the deficit target for such fiscal year, then no change shall be made in the rate of basic pay for any Member of Congress based on the size of the Federal deficit for such year. (2) By eliminating the deficit.--If, for any of fiscal years 1996 through 2002, inclusive, the Federal deficit for such year is less than $1 billion, then, effective as of the first day of the first applicable pay period of the first calendar year beginning after the end of such fiscal year-- (A) the rate of basic pay for each Member of Congress shall be restored to the rate in effect as of December 31, 1995; and (B) this section shall cease to be effective. (c) Determining the Size of the Deficit.--For purposes of this section, the size of the Federal deficit for any fiscal year shall be as determined by the Congressional Budget Office (in writing)-- (1) on the basis of the Final Monthly Treasury Statement of Receipts and Outlays of the United States Government, published by the Department of the Treasury; and (2) excluding any increase in tax revenues, attributable to the fiscal year involved, which occurs by reason of any provision of law enacted after the date of the enactment of this Act. (d) Exception.--The rate of basic pay for an individual shall, for the duration of such individual's first term of office as a Member of Congress, be determined as if this section had never been enacted. (e) Suspension in Time of War.-- (1) In general.--In the event of a war declared by Congress, rates of pay shall be restored to the rates that would then be payable if, and shall be subject to adjustment in the same way as if, this section had never been enacted, subject to paragraph (2). (2) End of war.--After any such war ends, the preceding subsections of this section shall again become effective, except that, in applying such subsections-- (A) any reference to fiscal year 1996 shall be deemed to be a reference to the first fiscal year beginning after the date on which such war ends; and (B) any reference to any later fiscal year shall be determined accordingly. The respective fiscal years to which the deficit targets set forth in any concurrent resolution on the budget for fiscal year 1996 shall be determined in like manner for purposes of so applying such subsections. SEC. 4. ELIMINATION OF AUTOMATIC ANNUAL PAY ADJUSTMENTS FOR MEMBERS OF CONGRESS. (a) In General.--Paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31) is repealed. (b) Conforming Amendments.--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''.

Congressional Pay for Performance Act - Sets forth a formula by which the rate of basic pay for each Member of Congress will be reduced effective as of the first applicable pay period of the first calendar year beginning after the end of a fiscal year from FY 1996 through 2001 for which the Federal deficit exceeds the deficit target by more than $1 billion. Reduces such rate to zero if the Federal deficit for FY 2002 is $1 billion or greater, effective as of the first day of the first applicable pay period in calendar year 2003. Provides that if the Federal deficit for any of FY 1996 through 2001, inclusive, is less than $1 billion, each Member's salary shall be restored to the rate in effect as of December 31, 1995, and this Act shall cease to be effective. Requires, for purposes of this Act, the size of the Federal deficit for any fiscal year to be determined by the Congressional Budget Office (in writing): (1) on the basis of the Final Monthly Treasury Statement of Receipts and Outlays of the Federal Government, published by the Department of the Treasury; and (2) excluding any increase in tax revenues, attributable to the fiscal year involved, which occurs by reason of any provision of law enacted after this Act's enactment. Provides that an individual's salary for the duration of his or her first term of office as a Member of Congress shall be determined as if this Act had never been enacted. Provides for suspension of this Act in time of war. Repeals provisions of the Legislative Reorganization Act of 1946 which provide for automatic annual pay adjustments for Members of Congress.

Congressional Pay for Performance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Support Act''. SEC. 2. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS. (a) In General.--Subpart 14 of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7269 et seq.) is amended-- (1) by inserting after the subpart heading the following: ``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS''; and (2) by adding at the end the following: ``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``SEC. 5545. FINDINGS. ``Congress finds the following: ``(1) The Surgeon General of the Public Health Service has found that although 1 in 10 children and adolescents suffer from mental illness severe enough to cause some level of impairment, in any given year fewer than 1 in 5 of these children receives needed treatment. The short- and long-term consequences of untreated childhood mental disorders are costly, in both human and fiscal terms. ``(2) School counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers are needed to help these children and to provide a variety of crucial support services. ``(3) Across the United States, there are insufficient resources for school-based counseling professionals, and often students do not get the help they need. The current national average ratio of students to school counselors in elementary and secondary schools is 561 to 1. ``(4) United States schools need more mental health professionals, and they need the flexibility to hire the professionals that will best serve their students. ``(5) According to the Institute of Medicine of the National Academy of Sciences, the maximum recommended ratio of-- ``(A) students to school counselors is 250 to 1; ``(B) students to school psychologists is 1,000 to 1; and ``(C) students to school social workers is 800 to 1. ``(6) In some States, 1 school counselor typically serves over 1,000 students. Ratios for school psychologists and school social workers are also extremely high. In some schools, there are no school-based mental health and student service providers available to assist students in times of crisis, or at any other time. ``(7) The number of students is expected to grow significantly over the next few years. During this time, many school-based mental health professionals who currently serve the Nation's youth will retire. ``(8) Model programs using school-based mental health and student service providers have reduced school suspensions, reduced referrals to the principal's office, reduced the use of weapons, force, and threats, and increased students' feelings of safety. ``SEC. 5546. PURPOSES. ``The purposes of this chapter are to assist States and local educational agencies in hiring additional school-based mental health providers, including additional school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers to achieve each of the following: ``(1) To reduce the ratios of school-based mental health and student service providers to students in elementary and secondary schools in the United States to the following minimum ratios recommended by the Institute of Medicine of the National Academy of Sciences in its 1997 report `Schools and Health: Our Nation's Investment': ``(A) 1 school counselor for every 250 students; ``(B) 1 school psychologist for every 1,000 students; and ``(C) 1 school social worker for every 800 students. ``(2) To provide school-based mental health and student services. ``(3) To remove emotional, behavioral, and psychosocial barriers to learning so as to enhance students' classroom preparedness and ability to learn. ``(4) To support school staff and teachers in improving classroom management, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. ``(5) To support parental involvement in improving the school behavior and academic success of their children. ``SEC. 5547. DEFINITIONS. ``In this chapter, the following definitions apply: ``(1) Child.--The term `child' means an individual who is not less than 5 years old and not more than 17 years old. ``(2) Child and adolescent psychiatrist.--The term `child and adolescent psychiatrist' has the meaning given such term in section 5421(e). ``(3) Child in poverty.--The term `child in poverty' means a child from a family with an income below the poverty line. ``(4) Mental health and student service provider.--The term `mental health and student service provider' means a qualified individual who provides mental health and student services, including any individual who is a qualified school counselor, a qualified school psychologist or any other qualified psychologist, a child or adolescent psychiatrist, or a qualified school social worker. ``(5) Mental health and student services.--The term `mental health and student services' includes direct, individual, and group services provided to students, parents, and school personnel by mental health and student service providers, and the coordination of prevention strategies in schools or community-based programs. ``(6) Other qualified psychologist.--The term `other qualified psychologist' has the meaning given such term in section 5421(e). ``(7) Poverty line.--The term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. ``(8) School counselor.--The term `school counselor' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- ``(A) possesses State licensure or certification granted by an independent professional regulatory authority; ``(B) possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or ``(C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. ``(9) School psychologist.--The term `school psychologist' means an individual who-- ``(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in a school setting; ``(B) possesses State licensure or certification in school psychology in the State in which the individual works; or ``(C) possesses national certification by the National School Psychology Certification Board. ``(10) School social worker.--The term `school social worker' means an individual who-- ``(A) holds a master's degree in social work from a program accredited by the Council on Social Work Education; ``(B) is licensed or certified by the State in which services are provided; or ``(C) possesses a national credential or national certification as a school social work specialist granted by an independent professional organization. ``(11) State.--The term `State' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 5548. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDER GRANT PROGRAM. ``(a) In General.--In accordance with this chapter, the Secretary shall make grants to eligible States to assist local educational agencies in those States in hiring additional school-based mental health and student service providers. ``(b) Allocation of Funds.--From the total amount appropriated for a fiscal year to carry out this chapter, the Secretary shall-- ``(1) make available 1 percent of such amount to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities that carry out the purposes of this chapter; and ``(2) make available in the form of grants to each eligible State an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 50 percent of such total amount as the number of children in poverty who reside in the State bears to the number of such children in all States; and ``(B) an amount that bears the same relationship to 50 percent of such total amount as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the State bears to the number of children enrolled in all such schools in all States. ``(c) Minimum Grant.--Notwithstanding subsection (b), no grant under this section shall be for an amount less than $1,000,000. ``(d) Reallocation.--The Secretary shall reallocate to States that have received approval under subsection (e)(2) any funds allocated under subsection (b) to a State that fails to submit an application that is approved by the Secretary. ``(e) Application by State.-- ``(1) In general.--To be eligible to receive a grant under this chapter, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Approval.--The Secretary may not approve an application under this subsection unless the State submitting the application-- ``(A) presents a plan, which the Secretary considers to be reasonable, under which the State will make grants, in accordance with the purposes of this chapter, to local educational agencies to fund the hiring of additional school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers; and ``(B) provides an assurance that the State will provide the matching amount required under subsection (g). ``(f) Use of Funds by State.-- ``(1) In general.--In accordance with this subsection, the total of the amounts made available to a State under this section and the amounts of the non-Federal match required under subsection (g) may only be used by a State to make grants to local educational agencies to assist such agencies in hiring additional school-based mental health and student service providers. ``(2) Administrative costs.--In each fiscal year, a State may use not more than 5 percent of the assistance made available to it under this chapter for the administrative costs of the State in carrying out the State's responsibilities under this chapter. ``(3) Allocation of funds.--In making grants in accordance with this subsection, the State shall allocate from the total described in paragraph (1) to each local educational agency an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 50 percent of such total as the number of children in poverty who reside in the school district served by the local educational agency bears to the number of such children who reside in all the school districts in the State; and ``(B) an amount that bears the same relationship to 50 percent of such total as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the school district served by the local educational agency bears to the number of children enrolled in all such schools in the State. ``(4) Minimum grant.--Notwithstanding paragraph (3), no grant made by a State in accordance with this subsection shall be for an amount less than $50,000. ``(5) Source of data.--For purposes of paragraph (3), the State shall use data from the most recent fiscal year for which satisfactory data are available, except that the State may adjust such data, or use alternative child poverty data, if the State demonstrates to the Secretary's satisfaction that such adjusted or alternative data more accurately reflect the relative incidence of children who are living in poverty and who reside in the school districts in the State. ``(6) Application by local educational agencies.--A State may require that, in order to be eligible for a grant made by the State in accordance with this subsection, a local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require. ``(g) Matching Funds.-- ``(1) In general.--As a condition of receiving a grant under this section, the Secretary shall require that a State provide from non-Federal sources an amount equal to the amount of the grant. ``(2) Local contribution.--In making grants to local educational agencies in accordance with this subsection, a State may require that a local educational agency match a portion of the amount of the grant made to the agency. ``(3) Form.--The non-Federal share required by this subsection may be provided in cash or in kind, fairly evaluated, and may include facilities, equipment, or services. ``(h) Funds To Be Supplementary.--Assistance made available under this chapter shall be used to supplement, and may not supplant, Federal, State, or local funds used for employing school-based mental health and student service providers. ``(i) Data Collection and Report.-- ``(1) In general.--For each fiscal year for which it receives assistance under this chapter, a State shall collect data describing how the assistance is used. ``(2) Report.--Not later than 1 year after assistance is made available to a State under this chapter, the State shall transmit to the Secretary a report on the data described in paragraph (1), including information with respect to each local educational agency to which the State made a grant with assistance made available under this chapter-- ``(A) the number of school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers employed by local educational agency; and ``(B) the ratio of students to school counselors, the ratio of students to school psychologists or other qualified psychologists, the ratio of students to child and adolescent psychiatrists, and the ratio of students to school social workers. ``(3) Source of funds.--A State may use a portion of the assistance permitted to be used for administrative costs to carry out its responsibilities under this subsection. ``(4) Publication.--The Secretary shall make data received under this subsection publicly available on an annual basis. ``SEC. 5549. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this chapter $100,000,000 for each of fiscal years 2012 through 2020.''. (b) Clerical Amendments.--The table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by amending the items relating to subpart 14 of title V to read as follows: ``subpart 14--grants to improve the mental health of children ``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS ``Sec. 5541. Grants for the integration of schools and mental health systems. ``Sec. 5542. Promotion of school readiness through early childhood emotional and social development. ``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``Sec. 5545. Findings. ``Sec. 5546. Purposes. ``Sec. 5547. Definitions. ``Sec. 5548. School-based mental health and student service provider grant program. ``Sec. 5549. Authorization of appropriations.''.

Student Support Act - Amends the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to make matching grants of at least $1 million to states for allocation to local educational agencies (LEAs) so that additional school-based mental health and student service providers may be hired, thereby reducing the student-to-provider ratios in elementary and secondary schools to specified levels recommended by the Institute of Medicine of the National Academy of Sciences. Includes school counselors, school psychologists or other psychologists, child or adolescent psychiatrists, and school social workers among such providers. Requires grants to states and state allocations to LEAs to be made pursuant to specified formulas that take into account a state's and school district's share of disadvantaged children.

To amend the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to States for assistance in hiring additional school-based mental health and student service providers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military and Veterans Education Protection Act''. SEC. 2. PROGRAM PARTICIPATION AGREEMENTS FOR PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION. Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is amended-- (1) in subsection (a)(24)-- (A) by inserting ``that receives funds provided under this title'' before ``, such institution''; and (B) by striking ``other than funds provided under this title, as calculated in accordance with subsection (d)(1)'' and inserting ``other than Federal educational assistance, as defined in subsection (d)(5) and calculated in accordance with subsection (d)(1)''; and (2) in subsection (d)-- (A) in the subsection heading, by striking ``Non- Title IV'' and inserting ``Non-Federal Educational''; (B) in paragraph (1)-- (i) in the matter preceding subparagraph (A), by inserting ``that receives funds provided under this title'' before ``shall''; (ii) in subparagraph (B)-- (I) in clause (i), by striking ``assistance under this title'' and inserting ``Federal educational assistance''; and (II) in clause (ii)(I), by inserting ``, or on a military base if the administering Secretary for a program of Federal educational assistance under clause (ii), (iii), or (iv) of paragraph (5)(B) has authorized such location'' before the semicolon; (iii) in subparagraph (C), by striking ``program under this title'' and inserting ``program of Federal educational assistance''; (iv) in subparagraph (E), by striking ``funds received under this title'' and inserting ``Federal educational assistance''; and (v) in subparagraph (F)-- (I) in clause (iii), by striking ``under this title'' and inserting ``of Federal educational assistance''; and (II) in clause (iv), by striking ``under this title'' and inserting ``of Federal educational assistance''; (C) in paragraph (2)-- (i) by striking subparagraph (A) and inserting the following: ``(A) Ineligibility.-- ``(i) In general.--Notwithstanding any other provision of law, a proprietary institution of higher education receiving funds provided under this title that fails to meet a requirement of subsection (a)(24) for two consecutive institutional fiscal years shall be ineligible to participate in or receive funds under any program of Federal educational assistance for a period of not less than two institutional fiscal years. ``(ii) Regaining eligibility.--To regain eligibility to participate in or receive funds under any program of Federal educational assistance after being ineligible pursuant to clause (i), a proprietary institution of higher education shall demonstrate compliance with all eligibility and certification requirements for the program for a minimum of two institutional fiscal years after the institutional fiscal year in which the institution became ineligible. In order to regain eligibility to participate in any program of Federal educational assistance under this title, such compliance shall include meeting the requirements of section 498 for such 2-year period. ``(iii) Notification of ineligibility.--The Secretary of Education shall determine when a proprietary institution of higher education that receives funds under this title is ineligible under clause (i) and shall notify all other administering Secretaries of the determination. ``(iv) Enforcement.--Each administering Secretary for a program of Federal educational assistance shall enforce the requirements of this subparagraph for the program concerned upon receiving notification under clause (iii) of a proprietary institution of higher education's ineligibility.''; and (ii) in subparagraph (B)-- (I) in the matter preceding clause (i)-- (aa) by striking ``In addition'' and all that follows through ``education fails'' and inserting ``Notwithstanding any other provision of law, in addition to such other means of enforcing the requirements of a program of Federal educational assistance as may be available to the administering Secretary, if a proprietary institution of higher education that receives funds provided under this title fails''; and (bb) by striking ``the programs authorized by this title'' and inserting ``all programs of Federal educational assistance''; and (II) in clause (i), by inserting ``with respect to a program of Federal educational assistance under this title,'' before ``on the expiration date''; (D) in paragraph (4)(A), by striking ``sources under this title'' and inserting ``Federal educational assistance''; and (E) by adding at the end the following: ``(5) Definitions.--In this subsection: ``(A) Administering secretary.--The term `administering Secretary' means the Secretary of Education, the Secretary of Defense, the Secretary of Veterans Affairs, the Secretary of Homeland Security, or the Secretary of a military department responsible for administering the Federal educational assistance concerned. ``(B) Federal educational assistance.--The term `Federal educational assistance' means funds provided under any of the following provisions of law: ``(i) This title. ``(ii) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. ``(iii) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. ``(iv) Section 1784a of title 10, United States Code.''. SEC. 3. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS ACTIONS ON INELIGIBILITY OF CERTAIN PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION FOR PARTICIPATION IN PROGRAMS OF EDUCATIONAL ASSISTANCE. (a) Department of Defense.-- (1) In general.--Chapter 101 of title 10, United States Code, is amended by inserting after section 2008 the following new section: ``Sec. 2008a. Ineligibility of certain proprietary institutions of higher education for participation in Department of Defense programs of educational assistance ``(a) In General.--Upon receipt of a notice from the Secretary of Education under clause (iii) of section 487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary institution of higher education is ineligible for participation in or receipt of funds under any program of Federal educational assistance by reason of such section, the Secretary of Defense shall ensure that no educational assistance under the provisions of law specified in subsection (b) is available or used for education at the institution for the period of institutional fiscal years covered by such notice. ``(b) Covered Assistance.--The provisions of law specified in this subsection are the provisions of law on educational assistance through the Department of Defense as follows: ``(1) This chapter. ``(2) Chapters 105, 106A, 1606, 1607, and 1608 of this title. ``(3) Section 1784a of this title. ``(c) Notice on Ineligibility.--(1) The Secretary of Defense shall take appropriate actions to notify persons receiving or eligible for educational assistance under the provisions of law specified in subsection (b) of the application of the limitations in section 487(d)(2) of the Higher Education Act of 1965 to particular proprietary institutions of higher education. ``(2) The actions taken under this subsection with respect to a proprietary institution shall include publication, on the Internet website of the Department of Defense that provides information to persons described in paragraph (1), of the following: ``(A) The name of the institution. ``(B) The extent to which the institution failed to meet the requirements of section 487(a)(24) of the Higher Education Act of 1965. ``(C) The length of time the institution will be ineligible for participation in or receipt of funds under any program of Federal educational assistance by reason of section 487(d)(2)(A) of that Act. ``(D) The nonavailability of educational assistance through the Department for enrollment, attendance, or pursuit of a program of education at the institution by reason of such ineligibility.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2008 the following new item: ``2008a. Ineligibility of certain proprietary institutions of higher education for participation in Department of Defense programs of educational assistance.''. (b) Department of Veterans Affairs.-- (1) In general.--Subchapter II of chapter 36 of title 38, United States Code, is amended by inserting after section 3681 the following new section: ``Sec. 3681A. Ineligibility of certain proprietary institutions of higher education for participation in Department of Veterans Affairs programs of educational assistance ``(a) In General.--Upon receipt of a notice from the Secretary of Education under clause (iii) of section 487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary institution of higher education is ineligible for participation in or receipt of funds under any program of Federal educational assistance by reason of such section, the Secretary of Veterans Affairs shall ensure that no educational assistance under the provisions of law specified in subsection (b) is available or used for education at the institution for the period of institutional fiscal years covered by such notice. ``(b) Covered Assistance.--The provisions of law specified in this subsection are the provisions of law on educational assistance through the Department under chapters 30, 31, 32, 33, 34, and 35 of this title. ``(c) Notice on Ineligibility.--(1) The Secretary of Veterans Affairs shall take appropriate actions to notify persons receiving or eligible for educational assistance under the provisions of law specified in subsection (b) of the application of the limitations in section 487(d)(2) of the Higher Education Act of 1965 to particular proprietary institutions of higher education. ``(2) The actions taken under this subsection with respect to a proprietary institution shall include publication, on the Internet website of the Department that provides information to persons described in paragraph (1), of the following: ``(A) The name of the institution. ``(B) The extent to which the institution failed to meet the requirements of section 487(a)(24) of the Higher Education Act of 1965. ``(C) The length of time the institution will be ineligible for participation in or receipt of funds under any program of Federal educational assistance by reason of section 487(d)(2)(A) of that Act. ``(D) The nonavailability of educational assistance through the Department for enrollment, attendance, or pursuit of a program of education at the institution by reason of such ineligibility.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 36 of such title is amended by inserting after the item relating to section 3681 the following new item: ``3681A. Ineligibility of certain proprietary institutions of higher education for participation in Department of Veterans Affairs programs of educational assistance.''.

Military and Veterans Education Protection Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require proprietary institutions of higher education to derive at least 10% of their revenue from sources other than title IV or federal educational assistance programs for military personnel and veterans, or become ineligible for title IV funding and participation in those programs. (Currently, this 90/10 rule requires these schools to derive at least 10% of their revenue from sources other than title IV or become ineligible for title IV funding.)

Military and Veterans Education Protection Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Hydropower Regulatory Efficiency Act of 2012''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Promoting small hydroelectric power projects. Sec. 4. Promoting conduit hydropower projects. Sec. 5. FERC authority to extend preliminary permit periods. Sec. 6. Promoting hydropower development at nonpowered dams and closed loop pumped storage projects. Sec. 7. DOE study of pumped storage and potential hydropower from conduits. SEC. 2. FINDINGS. Congress finds that-- (1) the hydropower industry currently employs approximately 300,000 workers across the United States; (2) hydropower is the largest source of clean, renewable electricity in the United States; (3) as of the date of enactment of this Act, hydropower resources, including pumped storage facilities, provide-- (A) nearly 7 percent of the electricity generated in the United States; and (B) approximately 100,000 megawatts of electric capacity in the United States; (4) only 3 percent of the 80,000 dams in the United States generate electricity, so there is substantial potential for adding hydropower generation to nonpowered dams; and (5) according to one study, by utilizing currently untapped resources, the United States could add approximately 60,000 megawatts of new hydropower capacity by 2025, which could create 700,000 new jobs over the next 13 years. SEC. 3. PROMOTING SMALL HYDROELECTRIC POWER PROJECTS. Subsection (d) of section 405 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2705) is amended by striking ``5,000'' and inserting ``10,000''. SEC. 4. PROMOTING CONDUIT HYDROPOWER PROJECTS. (a) Applicability of, and Exemption From, Licensing Requirements.-- Section 30 of the Federal Power Act (16 U.S.C. 823a) is amended-- (1) by striking subsections (a) and (b) and inserting the following: ``(a)(1) A qualifying conduit hydropower facility shall not be required to be licensed under this part. ``(2)(A) Any person, State, or municipality proposing to construct a qualifying conduit hydropower facility shall file with the Commission a notice of intent to construct such facility. The notice shall include sufficient information to demonstrate that the facility meets the qualifying criteria. ``(B) Not later than 15 days after receipt of a notice of intent filed under subparagraph (A), the Commission shall-- ``(i) make an initial determination as to whether the facility meets the qualifying criteria; and ``(ii) if the Commission makes an initial determination, pursuant to clause (i), that the facility meets the qualifying criteria, publish public notice of the notice of intent filed under subparagraph (A). ``(C) If, not later than 45 days after the date of publication of the public notice described in subparagraph (B)(ii)-- ``(i) an entity contests whether the facility meets the qualifying criteria, the Commission shall promptly issue a written determination as to whether the facility meets such criteria; or ``(ii) no entity contests whether the facility meets the qualifying criteria, the facility shall be deemed to meet such criteria. ``(3) For purposes of this section: ``(A) The term `conduit' means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. ``(B) The term `qualifying conduit hydropower facility' means a facility (not including any dam or other impoundment) that is determined or deemed under paragraph (2)(C) to meet the qualifying criteria. ``(C) The term `qualifying criteria' means, with respect to a facility-- ``(i) the facility is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit; ``(ii) the facility has an installed capacity that does not exceed 5 megawatts; and ``(iii) on or before the date of enactment of the Hydropower Regulatory Efficiency Act of 2012, the facility is not licensed under, or exempted from the license requirements contained in, this part. ``(b) Subject to subsection (c), the Commission may grant an exemption in whole or in part from the requirements of this part, including any license requirements contained in this part, to any facility (not including any dam or other impoundment) constructed, operated, or maintained for the generation of electric power which the Commission determines, by rule or order-- ``(1) utilizes for such generation only the hydroelectric potential of a conduit; and ``(2) has an installed capacity that does not exceed 40 megawatts.''. (2) in subsection (c), by striking ``subsection (a)'' and inserting ``subsection (b)''; and (3) in subsection (d), by striking ``subsection (a)'' and inserting ``subsection (b)''. (b) Conforming Amendment.--Subsection (d) of section 405 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2705), as amended, is further amended by striking ``subsection (a) of such section 30'' and inserting ``subsection (b) of such section 30''. SEC. 5. FERC AUTHORITY TO EXTEND PRELIMINARY PERMIT PERIODS. Section 5 of the Federal Power Act (16 U.S.C. 798) is amended-- (1) by designating the first, second, and third sentences as subsections (a), (c), and (d), respectively; and (2) by inserting after subsection (a) (as so designated) the following: ``(b) The Commission may extend the period of a preliminary permit once for not more than 2 additional years beyond the 3 years permitted by subsection (a) if the Commission finds that the permittee has carried out activities under such permit in good faith and with reasonable diligence.''. SEC. 6. PROMOTING HYDROPOWER DEVELOPMENT AT NONPOWERED DAMS AND CLOSED LOOP PUMPED STORAGE PROJECTS. (a) In General.--To improve the regulatory process and reduce delays and costs for hydropower development at nonpowered dams and closed loop pumped storage projects, the Federal Energy Regulatory Commission (referred to in this section as the ``Commission'') shall investigate the feasibility of the issuance of a license for hydropower development at nonpowered dams and closed loop pumped storage projects in a 2-year period (referred to in this section as a ``2-year process''). Such a 2-year process shall include any prefiling licensing process of the Commission. (b) Workshops and Pilots.--The Commission shall-- (1) not later than 60 days after the date of enactment of this Act, hold an initial workshop to solicit public comment and recommendations on how to implement a 2-year process; (2) develop criteria for identifying projects featuring hydropower development at nonpowered dams and closed loop pumped storage projects that may be appropriate for licensing within a 2-year process; (3) not later than 180 days after the date of enactment of this Act, develop and implement pilot projects to test a 2-year process, if practicable; and (4) not later than 3 years after the date of implementation of the final pilot project testing a 2-year process, hold a final workshop to solicit public comment on the effectiveness of each tested 2-year process. (c) Memorandum of Understanding.--The Commission shall, to the extent practicable, enter into a memorandum of understanding with any applicable Federal or State agency to implement a pilot project described in subsection (b). (d) Reports.-- (1) Pilot projects not implemented.--If the Commission determines that no pilot project described in subsection (b) is practicable because no 2-year process is practicable, not later than 240 days after the date of enactment of this Act, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that-- (A) describes the public comments received as part of the initial workshop held under subsection (b)(1); and (B) identifies the process, legal, environmental, economic, and other issues that justify the determination of the Commission that no 2-year process is practicable, with recommendations on how Congress may address or remedy the identified issues. (2) Pilot projects implemented.--If the Commission develops and implements pilot projects involving a 2-year process, not later than 60 days after the date of completion of the final workshop held under subsection (b)(4), the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that-- (A) describes the outcomes of the pilot projects; (B) describes the public comments from the final workshop on the effectiveness of each tested 2-year process; and (C)(i) outlines how the Commission will adopt policies under existing law (including regulations) that result in a 2-year process for appropriate projects; (ii) outlines how the Commission will issue new regulations to adopt a 2-year process for appropriate projects; or (iii) identifies the process, legal, environmental, economic, and other issues that justify a determination of the Commission that no 2-year process is practicable, with recommendations on how Congress may address or remedy the identified issues. SEC. 7. DOE STUDY OF PUMPED STORAGE AND POTENTIAL HYDROPOWER FROM CONDUITS. (a) In General.--The Secretary of Energy shall conduct a study-- (1)(A) of the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such existing facilities to be upgraded or retrofitted with advanced commercially available technology; and (B) of the technical potential of existing pumped storage facilities and new advanced pumped storage facilities, to provide grid reliability benefits; and (2)(A) to identify the range of opportunities for hydropower that may be obtained from conduits (as defined by the Secretary) in the United States; and (B) through case studies, to assess amounts of potential energy generation from such conduit hydropower projects. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study conducted under subsection (a), including any recommendations. Passed the House of Representatives July 9, 2012. Attest: KAREN L. HAAS, Clerk.

Hydropower Regulatory Efficiency Act of 2012 - (Sec. 3) Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to increase from 5,000 to 10,000 kilowatts the size of small hydroelectric power projects which the Federal Energy Regulatory Commission (FERC) may exempt from its license requirements. (Sec. 4) Amends the Federal Power Act to revise the limitation on the maximum installation capacity of qualifying conduit hydropower facilities that are eligible for an exemption from licensing requirements. Requires any person, state, or municipality proposing to construct a qualifying conduit hydropower facility to file with FERC a notice of intent to do so. Requires FERC, within 15 days after receiving such a notice of intent, to make an initial determination as to whether the facility meets the qualifying criteria. Waives license requirements for any conduit hydroelectric facility that: (1) uses for electric power generation only the hydroelectric potential of a non-federally owned conduit, (2) has a maximum installed capacity of five megawatts, and (3) is not currently licensed or exempted from license requirements. Redefines "conduit" to specify any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. Authorizes FERC to exempt from license requirements any electric power generation facility that utilizes for such generation only the hydroelectric potential of a conduit, and has an installed capacity or 40 megawatts or fewer. (Sec. 5) Authorizes FERC to extend the preliminary permit period for up to two additional years beyond the three years otherwise allowed if it finds that the permittee has implemented activities under the permit in good faith and with reasonable diligence. (Sec. 6) Directs FERC to: (1) investigate the feasibility of issuing a license for hydropower development at nonpowered dams and closed loop pumped storage projects during a two-year period, and (2) hold workshops and develop hydropower pilot projects. (Sec. 7) Directs the Secretary of Energy (DOE) to study: (1) the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such facilities to be upgraded or retrofitted with advanced commercially available technology; and (2) the technical potential of existing pumped storage facilities and new advanced pumped storage facilities to provide grid reliability benefits.

To improve hydropower, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``First Responder Anthrax Preparedness Act''. SEC. 2. PRE-EVENT ANTHRAX VACCINATION PROGRAM FOR EMERGENCY RESPONSE PROVIDERS. (a) Anthrax Preparedness.-- (1) In general.--Title V of the Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 311 et seq.) is amended by adding at the end the following new section: ``SEC. 526. ANTHRAX PREPAREDNESS. ``(a) Pre-Event Anthrax Vaccination Program for Emergency Response Providers.--For the purpose of domestic preparedness for and collective response to terrorism, the Secretary, in coordination with the Secretary of Health and Human Services, shall establish a program to provide anthrax vaccines from the strategic national stockpile under section 319F-2(a) of the Public Health Service Act (42 U.S.C. 247d- 6b(a)) that will be nearing the end of their labeled dates of use at the time such vaccines are to be administered to emergency response providers who are at high risk of exposure to anthrax and who voluntarily consent to such administration, and shall-- ``(1) establish any necessary logistical and tracking systems to facilitate making such vaccines so available; ``(2) distribute disclosures regarding associated benefits and risks to end users; and ``(3) conduct outreach to educate emergency response providers about the voluntary program. ``(b) Threat Assessment.--The Secretary shall-- ``(1) support homeland security-focused risk analysis and risk assessments of the threats posed by anthrax from an act of terror; ``(2) leverage existing and emerging homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to an anthrax terror attack; and ``(3) share information and provide tailored analytical support on threats posed by anthrax to State, local, and tribal authorities, as well as other national biosecurity and biodefense stakeholders.''. (2) Clerical amendment.--The table of contents in section 1(b) of such Act is amended by inserting at the end of the items relating to title V the following new item: ``Sec. 526. Anthrax preparedness.''. (b) Pilot Program.-- (1) In general.--In carrying out the pre-event vaccination program authorized in section 526(a) of the Homeland Security Act of 2002, as added by subsection (a), the Secretary of Homeland Security, in coordination with the Secretary of Health and Human Services, shall carry out a pilot program to provide anthrax vaccines to emergency response providers as so authorized. The duration of the pilot program shall be 24 months from the date the initial vaccines are administered to participants. (2) Preliminary requirements.--By not later than 1 year after the date of the enactment of this Act, and prior to implementing the pilot program under paragraph (1), the Secretary of Homeland Security shall-- (A) establish a communication platform for the pilot program; (B) establish education and training modules for the pilot program; (C) conduct economic analysis of the pilot program; and (D) create a logistical platform for the anthrax vaccine request process under the pilot program. (3) Location.--In carrying out the pilot program under this subsection, the Secretary of Homeland Security shall select emergency response providers based in at least two States for participation in the pilot program. (4) Distribution of information.--The Secretary of Homeland Security shall provide to each emergency response provider who participates in the pilot program under this subsection disclosures and educational materials regarding the associated benefits and risks of any vaccine provided under the pilot program and of exposure to anthrax. (5) Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter until 1 year after the completion of the pilot program, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the progress and results of the pilot program, including the percentage of eligible emergency response providers, as determined by each pilot location, that volunteer to participate, the degree to which participants obtain necessary vaccinations, as appropriate, and recommendations to improve initial and recurrent participation in the pilot program. The report shall include a plan under which the Secretary plans to continue the program to provide vaccines to emergency response providers under section 526(a) of the Homeland Security Act of 2002, as added by subsection (a). (6) Deadline for implementation.--The Secretary of Homeland Security shall begin implementing the pilot program under this subsection by not later than the date that is 1 year after the date of the enactment of this Act. Passed the House of Representatives July 29, 2015. Attest: KAREN L. HAAS, Clerk.

First Responder Anthrax Preparedness Act (Sec. 2) Amends the Homeland Security Act of 2002 to direct the Department of Homeland Security (DHS), in coordination with the Department of Health and Human Services (HHS), for the purpose of domestic preparedness for and collective response to terrorism, to: (1) establish a program to provide surplus anthrax vaccines nearing the end of their labeled dates of use from the strategic national stockpile for administration to emergency response providers who are at high risk of exposure to anthrax and who voluntarily consent to such administration, (2) distribute disclosures regarding associated benefits and risks to end users, and (3) conduct outreach to educate emergency response providers about the program. Requires DHS to: (1) support homeland security-focused risk analysis and assessments of the threats posed by anthrax from an act of terror; (2) leverage homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to an anthrax terror attack; and (3) share information and provide tailored analytical support on threats posed by anthrax to state, local, and tribal authorities, as well as other national biosecurity and biodefense stakeholders. Directs DHS, in coordination with HHS, to carry out a 24-month pilot program to provide anthrax vaccines to emergency response providers. Requires DHS to: (1) establish a communication platform and education and training modules for such program, (2) conduct economic analysis of such program, (3) create a logistical platform for the anthrax vaccine request process, (4) select providers based in at least two states to participate, (5) provide to each participating provider disclosures and educational materials regarding the benefits and risks of any vaccine provided and of exposure to anthrax, and (6) submit annual reports on pilot program results and recommendations to improve pilot program participation. Requires the report to include a plan for continuation of the DHS program to provide vaccines to emergency response providers.

First Responder Anthrax Preparedness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Recovery from Trauma Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to a 2002 Government Accountability Office report (GAO-02-813), large numbers of children experience trauma-related mental health problems, while at the same time facing barriers to receiving appropriate mental health care. (2) According to the National Institute of Mental Health, only 36 percent of youth with any mental disorder received services, and only half of these youth who were severely impaired by their mental disorder received any professional mental health treatment. Of those with anxiety disorders (including post traumatic stress disorder), only 18 percent received services. Half of all lifetime cases of mental illness begin by age 14, and that despite effective treatments that have been developed, there are long delays, sometimes decades, between first onset of symptoms and when treatment is obtained. (3) Findings from the Adverse Childhood Experiences Study have shown that adverse childhood experiences predispose children towards negative trajectories from infancy to adulthood. (4) The Great Smoky Mountains Study, a representative longitudinal study of children, found that by age 16, more than 67 percent of the children had been exposed to one or more traumatic events, such as child maltreatment, domestic violence, or sexual assault (Copeland et al, 2007). (5) According to the National Institute of Mental Health, the lifetime prevalence of post-traumatic stress disorder for 13 to 18 year olds is 4 to 6 percent (NIMH, 2010). In 2007, the National Institute of Mental Health reported that adults who were abused or neglected as children have increased risk of major depression, often beginning in childhood with long- lasting effects. (6) According to the Department of Defense, more than 700,000 children have experienced one or more parental deployments. Children's reactions to a parent's deployment vary by a child's developmental stage, age, and presence of any preexisting psychological or behavioral problems. The mental health of the parent is often a key factor affecting the child's distress level. Parents reporting clinically significant stress are more likely to have children identified as high risk for psychological and behavioral problems. (7) The National Intimate Partner and Sexual Violence Survey revealed that nearly 1 in 5 women reported having been the victim of a rape at some time during their lives. Forty-two percent experienced their first rape before the age of 18. (8) The National Child Traumatic Stress Network collected data on 14,088 children and adolescents served by 56 Network service centers across the country from 2004 to 2010, examining the prevalence of exposure to a wide range of trauma types, access to services, and child outcomes outcome. Nearly 80 percent of children referred for screening and evaluation reported experiencing at least one type of traumatic event. Of the 11,104 children and adolescents who reported trauma exposure, 77 percent had experienced more than one type of trauma and 31 percent had experienced five or more types. (9) The children served by the National Child Traumatic Stress Network are involved with many different kinds of child- serving systems. Of those receiving service, 65 percent had received social services and 35 percent had received school- based services. After treatment, significant improvements were made in trauma symptoms, mental health diagnoses, and behavioral problems. SEC. 3. GRANTS TO ADDRESS THE PROBLEMS OF INDIVIDUALS WHO EXPERIENCE TRAUMA AND VIOLENCE RELATED STRESS. Section 582 of the Public Health Service Act (42 U.S.C. 290hh-1) is amended to read as follows: ``SEC. 582. GRANTS TO ADDRESS THE PROBLEMS OF INDIVIDUALS WHO EXPERIENCE TRAUMA AND VIOLENCE RELATED STRESS. ``(a) In General.--The Secretary shall award grants, contracts or cooperative agreements to public and nonprofit private entities, as well as to Indian tribes and tribal organizations, for the purpose of developing and maintaining programs that provide for-- ``(1) the continued operation of the National Child Traumatic Stress Initiative (referred to in this section as the `NCTSI') that focus on the mental, behavioral, and biological aspects of psychological trauma response; and ``(2) the development of knowledge with regard to evidence- based practices for identifying and treating mental, behavioral, and biological disorders of children and youth resulting from witnessing or experiencing a traumatic event. ``(b) Priorities.--In awarding grants, contracts or cooperative agreements under subsection (a)(2) (related to the development of knowledge on evidence-based practices for treating mental, behavioral, and biological disorders associated with psychological trauma), the Secretary shall give priority to universities, hospitals, mental health agencies, and other community-based child-serving programs that have established clinical and research experience in the field of trauma- related mental disorders. ``(c) Child Outcome Data.--The NCTSI coordinating center shall collect, analyze, and report NCTSI-wide child outcome and process data for the purpose of establishing the effectiveness, implementation, and clinical utility of early identification and delivery of evidence-based treatment and services delivered to children and families served by the NCTSI grantees. ``(d) Training.--The NCTSI coordinating center shall oversee the continuum of interprofessional training initiatives in evidence-based and trauma-informed treatments, interventions, and practices offered to NCTSI grantees and providers in all child-serving systems. ``(e) Dissemination.--The NCTSI coordinating center shall collaborate with the Secretary in the dissemination of evidence-based and trauma-informed interventions, treatments, products, and other resources to all child-serving systems and policymakers. ``(f) Review.--The Secretary shall establish consensus-driven, in- person or teleconference review of NCTSI applications by child trauma experts and review criteria related to expertise and experience related to child trauma and evidence-based practices. ``(g) Geographical Distribution.--The Secretary shall ensure that grants, contracts or cooperative agreements under subsection (a) are distributed equitably among the regions of the United States and among urban and rural areas. Notwithstanding the previous sentence, expertise and experience in the field of trauma-related disorders shall be prioritized in the awarding of such grants are required under subsection (b). ``(h) Evaluation.--The Secretary, as part of the application process, shall require that each applicant for a grant, contract or cooperative agreement under subsection (a) submit a plan for the rigorous evaluation of the activities funded under the grant, contract or agreement, including both process and outcome evaluation, and the submission of an evaluation at the end of the project period. ``(i) Duration of Awards.--With respect to a grant, contract or cooperative agreement under subsection (a), the period during which payments under such an award will be made to the recipient shall be 6 years. Such grants, contracts or agreements may be renewed. Expertise and experience in the field of trauma-related disorders shall be a priority for new and continuing awards. ``(j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $100,000,000 for fiscal year 2014, and such sums as may be necessary for each of fiscal years 2015 through 2024.''.

Children's Recovery from Trauma Act - Amends the Public Health Service Act to reauthorize and revise the National Child Traumatic Stress Initiative (NCTSI). Requires the NCTSI coordinating center to: (1) collect, analyze, and report NCTSI child outcome and process data for the purpose of establishing the effectiveness, implementation, and clinical utility of early identification and delivery of treatment and services delivered to children and families served by the NCTSI grantees; (2) oversee interprofessional training initiatives in treatments, interventions, and practices offered to NCTSI grantees and providers in all child-serving systems; and (3) collaborate with the Secretary of Health and Human Services (HHS) in the dissemination of interventions, treatments, products, and other resources to all child-serving systems and policymakers. Directs the Secretary to establish consensus-driven, in-person or teleconference review of NCTSI applications by child trauma experts and review criteria related to expertise and experience related to child trauma and evidence-based practices. Requires the Secretary, in awarding grants under NCTSI, to prioritize expertise and experience in the field of trauma-related disorders over geographic distribution of grantees. Extends the duration of a grant from five years to six years. Gives expertise and experience in the field of trauma-related disorders priority for new and continuing awards.

Children's Recovery from Trauma Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Transparency in Trade Act''. SEC. 2. PUBLICATION OF TEXTS WITH RESPECT TO NEGOTIATING ROUNDS. (a) Negotiations.--Section 105(a)(1) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204(a)(1)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(E) with respect to each negotiating round for the agreement, publish on a publicly available Internet website-- ``(i) the proposed United States text, prior to the start of such negotiating round; and ``(ii) the considered text, at the conclusion of such negotiating round.''. (b) Procedural Disapproval Resolution.--Section 106(b) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4205(b)) is amended-- (1) in paragraph (1)-- (A) in the heading, by striking ``or Consultations'' and inserting ``, Consultations, or Publication of Texts''; and (B) in subparagraph (B)-- (i) in clause (i)-- (I) by striking ``to notify or consult'' and all that follows through ``on negotiations'' and inserting ``, in accordance with the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, to notify or consult on, or publish texts with respect to, negotiations''; and (II) by striking ``notify or consult.'' and inserting ``notify, consult, or publish texts.''; and (ii) in clause (ii)-- (I) in the matter preceding subclause (I), by striking ``has `failed or refused to notify or consult in accordance with the Bipartisan Congressional Trade Priorities and Accountability Act of 2015' on negotiations'' and inserting ``has `failed, in accordance with the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, to notify or consult on, or publish texts with respect to,' negotiations''; (II) in subclause (III), by striking ``or'' at the end; (III) in subclause (IV), by striking the period at the end and inserting ``; or''; and (IV) by adding at the end the following: ``(V) the President has failed, under section 105(a)(1)(E), to publish texts with respect to each negotiating round of the parties to the agreement.''; and (2) in paragraphs (3)(C) and (4)(C), by striking ``to notify or consult'' and all that follows through ``on negotiations'' and inserting ``, in accordance with the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, to notify or consult on, or publish texts with respect to, negotiations''. (c) Definitions.--Section 111 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4210) is amended-- (1) by redesignating paragraphs (7) through (23) as paragraphs (8) through (24), respectively; (2) by inserting after paragraph (6) the following new paragraph: ``(7) Considered text.--The term `considered text'-- ``(A) means, with respect to a negotiating round, each proposal considered during such negotiating round related to the text of the agreement, tariff or service sector schedules, or any other element of the agreement (referred to as `the actual consolidated negotiating text document'), whether proposed by the United States or by another party to the negotiations and without regard to any representation made by the United States regarding the confidentiality of such proposal; and ``(B) includes, with respect to each such proposal, an identification of each party to the negotiations that offered or supported the proposal, if the proposal was agreed to by one or more of the parties to such negotiating round.''; (3) by redesignating paragraphs (20) through (24), as so redesignated by paragraph (1), as paragraphs (22) through (26), respectively; and (4) by inserting after paragraph (19), as so redesignated by paragraph (1), the following new paragraphs: ``(20) Negotiating round.--The term `negotiating round' means, with respect to negotiations on an agreement subject to the provisions of section 103(b), a meeting of one or more of the trade ministers (or designees) of any party to such negotiations with a representative of the United States. ``(21) Proposed united states text.--The term `proposed United States text' means a document that includes, with respect to a negotiating round, each proposal drafted by the United States to be submitted for consideration in such negotiating round, including proposals related to the text of the agreement, tariff or service sector schedules, or any other element of the agreement.''. SEC. 3. USTR TRANSPARENCY OFFICER. Section 141(b)(3) of the Trade Act of 1974 is amended by adding at the end the following: ``The Trade Representative shall ensure that the individual who is appointed the Chief Transparency Officer does not, because of any other position the individual holds or otherwise, have, or appear to have, any conflict of interest in ensuring the transparency of the activities of the Office of the Trade Representative, including trade negotiations.''.

Promoting Transparency in Trade Act This bill amends the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require the President to publish on a publicly available website the proposed U.S. text for a trade agreement regarding trade barriers before the start of a negotiating round and the considered text for such an agreement at the conclusion of each negotiating round. Congress may disapprove of trade authorities procedures (fast track) if the President has not published required negotiation texts for a proposed trade agreement. The bill amends the Trade Act of 1974 to direct the U.S. Trade Representative (USTR) to ensure that the Chief Transparency Officer of the Office of the USTR does not have, or appear to have, any conflict of interest in ensuring the transparency of the activities of the Office, including trade negotiations.

Promoting Transparency in Trade Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Travel Regional Investment Partnership Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The importance of travel and tourism cannot be overstated: travel and tourism employs America. (2) Approximately 8,300,000 domestic jobs depend on the travel and tourism industry. (3) The United States travel and tourism industry is worth more than $691,000,000,000 annually in direct spending, of which more than 85 percent is the result of domestic travel. Including indirect spending, such industry tops $1,200,000,000,000 in spending. (4) The travel and tourism industry accounts for 2.6 percent of GDP, nearly four times that of the automotive industry. (5) Domestic employment related to the travel and tourism industry cannot be outsourced to other countries. (6) The current economic downturn has created the most difficult economic environment for the domestic travel and tourism industry since the period following the terrorist attacks of September 11, 2001. (7) The travel and tourism industry has contracted by nearly $130,000,000,000 in 2009 alone. The domestic tourism economy has fallen by nearly 4.5 percent during 2009, twice the rate of the overall economy of the United States. (8) Domestic spending on travel and tourism has been in decline since the fourth quarter of fiscal year 2008, while employment in the travel and tourism industry has been falling since the second quarter of such year. (9) Public-private partnerships have been underutilized in the promotion of travel and tourism and are a dynamic tool in creating new domestic tourism markets and promoting domestic regional tourism growth. SEC. 3. DOMESTIC REGIONAL TOURISM GRANT PROGRAM. (a) Establishment by Secretary of Commerce.--The Secretary of Commerce shall establish a competitive grant program, administered by the Office of Travel and Tourism Industries, to promote domestic regional tourism growth and new domestic tourism market creation. (b) Range of Grant Monetary Amounts.--No grant shall be less than $100,000 or more than $1,000,000. (c) Grantee Eligibility Requirements.-- (1) Eligible entities.--The following entities are eligible for a grant under this section for the purposes of promoting domestic regional tourism growth and new domestic tourism market creation: (A) A Convention and Visitors Bureau. (B) A partnership between a State or local government and a local tourism entities. (2) Application process.-- (A) Submission.--An eligible entity seeking a grant under this section shall submit to the Secretary an application at such time, in such form, and with such information and assurances as the Secretary may require. (B) Contents.--Such application shall include-- (i) a description of the tourist promotion activities that the grant will fund; and (ii) in the case of a partnership between a State or local government and local tourism entities-- (I) the specific tourist entities that such government has partnered with in order promote tourism within the relevant domestic region; and (II) the details of the partnership and specific information as to how such partnership will increase regional tourism. (d) Matching Requirement.-- (1) Non-federal funds.--As a condition of receipt of a grant under this section, the grant recipient shall provide, either directly or through donations from public or private entities, non-Federal matching funds, in cash or in-kind, in an amount equal to the amount of the grant. (2) Special rule for in-kind donations.--Of the amount of non-Federal matching funds required under paragraph (1), not more than 25 percent shall be provided through in-kind contributions. (e) Reports.--Not later than 6 months after the end of each fiscal year in which grants were awarded by the Secretary under this section, the Secretary shall submit a report to Congress on-- (1) travel-generated expenditures; (2) travel-generated tax receipts; and (3) travel-generated employment. (f) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (2) Local tourist entity.--The term ``local tourist entity'' means any public or private sector business engaged in tourism-related activities. (g) Authorization of Appropriations.--There is authorized to be appropriated $10,000,000 for each of the first 5 fiscal years that begin after the date of enactment of this section for grants under this section, and such amounts appropriated shall remain available until expended.

Travel Regional Investment Partnership Act - Directs the Secretary of Commerce to establish a competitive grant program, administered by the Office of Travel and Tourism Industries, to award grants to eligible entities (such as a Convention and Visitors Bureau or a partnership between a state or local government and a local tourism entity) to promote domestic regional tourism growth and new domestic tourism market creation.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``El Camino Real de los Tejas National Historic Trail Act of 2003''. SEC. 2. AUTHORIZATION AND ADMINISTRATION. Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following: ``(23) El camino real de los tejas.-- ``(A) In general.--Subject to subparagraph (B), El Camino Real de los Tejas (The Royal Road of historic Tejas) National Historic Trail, a combination of historic routes totaling 2,580 miles in length from the Rio Grande near Eagle Pass and Laredo, Texas, to Natchitoches, Louisiana, and including the Old San Antonio Road, as generally depicted on the maps entitled `El Camino Real de los Tejas', contained in the report prepared pursuant to subsection (b) entitled `National Historic Trail Feasibility Study and Environmental Assessment: El Camino Real de los Tejas, Texas-Louisiana', dated July 1998. The National Park Service is authorized to administer designated portions of this trail system as a national historic trail as set forth in this paragraph. ``(B) Establishment.-- ``(i) Publicly owned lands.--Congress authorizes the establishment of El Camino Real de los Tejas national historic trail and the respective administration on those portions of the historic trail routes and related historic sites within publicly owned lands when such trail related resources meet the purposes of this Act or certification criteria set by the Secretary of the Interior per section 3(a)(3) of this Act. ``(ii) Privately owned lands.--Congress authorizes the establishment of El Camino Real de los Tejas national historic trail and the respective administration on those portions of the historic trail routes and related historic sites within privately owned lands only through the voluntary and expressed consent of the owner and when such trails and sites qualify for certification as officially established components of the national historic trail. The owner's approval of a certification agreement satisfies the consent requirement. Certification agreements are not legally binding and may be terminated at any time. Should land ownership change at a certified site, the certification will cease to be valid unless the new owner consents to a new agreement. ``(C) Private property rights protection.--Nothing in this Act or in the establishment of any portion of the national historic trail authorizes any person to enter private property without the consent of the owner. Nothing in this Act or in the establishment of any portion of the national historic trail will authorize the Federal Government to restrict private property owner's use or enjoyment of their property subject to other laws or regulations. Authorization of El Camino Real de los Tejas National Historic Trail under this Act does not itself confer any additional authority to apply other Federal laws and regulations on non-Federal lands along the trail. Laws or regulations requiring public entities and agencies to take into consideration a national historic trail shall continue to apply notwithstanding the foregoing. Notwithstanding section 7(g) of this Act, the United States is authorized to acquire privately owned real property or an interest in such property for purposes of the national historic trail only with the consent of the owner of such property and shall have no authority to condemn or otherwise appropriate privately owned real property or an interest in such property for the purposes of El Camino Real de los Tejas National Historic Trail. ``(D) Coordination of activities.--The Secretary of the Interior may coordinate with United States and Mexican public and nongovernmental organizations, academic institutions, and, in consultation with the Secretary of State, the Government of Mexico and its political subdivisions, for the purpose of exchanging trail information and research, fostering trail preservation and educational programs, providing technical assistance, and working to establish an international historic trail with complementary preservation and education programs in each nation.''.

El Camino Real de los Tejas National Historic Trail Act of 2003 - Amends the National Trails System Act to designate El Camino Real de los Tejas as a National Historic Trail. Authorizes establishment of such trail on portions of the trail on: (1) publicly owned lands; and (2) privately owned lands only with the consent of the owner.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``War Crimes Prosecution Facilitation Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) In May 1993, the United Nations established the International Criminal Tribunal for the Former Yugoslavia. (2) The mandate of the Tribunal is to prosecute ``genocide, crimes against humanity, grave breaches of the Geneva Conventions, and violations of the laws and customs of war'' committed in the territory of the former Yugoslavia from January 1, 1991, until ``a date to be determined after restoration of peace''. (3) Parties to the Dayton Agreement, as well as subsequent agreements, agreed to cooperate fully with the ``investigation and prosecution of war crimes and other violations of international humanitarian law''. All members of the international community are required by the Tribunal Statute to cooperate in ``the identification and location of persons'', ``the arrest or detention of persons'', and ``the surrender or the transfer of the accused'' to the Tribunal. (4) Although 76 persons have been publicly indicted by the Tribunal, 66 remain at large. Of those publicly indicted, there are 51 Bosnian Serbs, 1 Croatian Serb, 3 Serbian Yugoslav Army officers, 18 Bosnian Croats, and 3 Bosniacs. (5) Credible reports indicate that some of the indicted war criminals are living in areas of Bosnia and Herzegovina that are under the effective control of Croatia or Serbia- Montenegro. Many of the indicted war criminals have been sighted living openly and freely in Croatia, the Croat- controlled areas of the Federation of Bosnia and Herzegovina, Republika Srpska, and Serbia-Montenegro. (6) An estimated 2,000,000 persons have been forced from their homes by the war, many of whom remain displaced and unable to return to their homes, in violation of the Dayton Accords, because their homes are in a jurisdiction controlled by a different ethnic group. (7) The fighting in Bosnia has ceased for more than a year, and international efforts are now focused on the economic reconstruction and implementation of the civilian aspects of the Dayton Accords. (8) The International Bank for Reconstruction and Development, the European Bank for Reconstruction and Development, the International Monetary Fund, and individual donor countries, including the United States, have begun disbursing funds toward meeting an identified goal of $5,100,000,000 for reconstruction of Bosnia. SEC. 3. SENSE OF THE CONGRESS. (a) In General.--It is the sense of the Congress that-- (1) reconciliation in Bosnia and Herzegovina cannot be achieved if indicted war criminals remain at large and refugees and displaced persons are unable to return to their homes; (2) reconstruction without reconciliation will not be effective in ensuring stability in the long run because, absent individual accountability, victimized communities will assign collective responsibility, thus perpetuating the cycle of hatred; and (3) the Government of the United States should ensure that multilateral and bilateral assistance is provided to parties to the Dayton Agreement only if doing so would promote reconciliation as well as reconstruction, including the transfer of war criminals to the Tribunal, the return of refugees and displaced persons, and freedom of movement. (b) Additional Provision.--It is further the sense of the Congress that the Tribunal, consistent with its mandate, should continue to investigate and bring indictments against persons who have violated international humanitarian law. SEC. 4. RESTRICTIONS ON FUNDING. (a) Bilateral Assistance.-- (1) In general.--No assistance may be provided under the Foreign Assistance Act of 1961 or the Arms Export Control Act for any country described in subsection (d). (2) Application to prior appropriations.--The prohibition on assistance contained in paragraph (1) includes the provision of assistance from funds appropriated prior to the date of enactment of this Act. (b) Multilateral Assistance.--The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions to work in opposition to, and vote against, any extension by such institutions of any financial or technical assistance or grants of any kind to any country described in subsection (d). (c) Exceptions.-- (1) In general.--Subject to paragraph (2), subsections (a) and (b) shall not apply to the provision of-- (A) humanitarian assistance; (B) democratization assistance; or (C) assistance for physical infrastructure projects involving activities in both a sanctioned country and nonsanctioned contiguous countries, if the nonsanctioned countries are the primary beneficiaries. (2) Further limitations.--Notwithstanding paragraph (1)-- (A) no assistance may be made available under the Foreign Assistance Act of 1961 or the Arms Export Control Act for a program, project, or activity in any country described in subsection (d) in which an indicted war criminal has any financial or material interest or through any organization with which the indicted individual is affiliated; and (B) no assistance (other than emergency food or medical assistance or demining assistance) may be made available under the Foreign Assistance Act of 1961 or the Arms Export Control Act to any program, project, or activity in any area in any country described in subsection (d) in which local authorities are not complying with the provisions of Article IX and Annex 4, Article II of the Dayton Agreement relating to war crimes and the Tribunal, or with the provisions of Annex 7 of the Dayton Agreement relating to the right of refugees and displaced persons to return to their homes of origin. (d) Sanctioned Countries.--A country described in this section is a country the authorities of which fail to apprehend and transfer to the Tribunal all persons who have been indicted by the Tribunal and are in a territory that is under the effective control of those authorities. (e) Waiver.-- (1) Authority.--The President may waive the application of subsection (a) or subsection (b) with respect to a country if the President determines and certifies to the appropriate committees of Congress within six months after the date of enactment of this Act that a majority of the indicted persons who are within a territory that is under the effective control of the country have been arrested and transferred to the Tribunal. (2) Period of effectiveness.--Any waiver made pursuant to this subsection shall be effective for a period of six months. (f) Termination of Sanctions.--The sanctions imposed pursuant to subsection (a) or subsection (b) with respect to a country shall cease to apply only if the President determines and certifies to Congress that the authorities of that country have apprehended and transferred to the Tribunal all persons who have been indicted by the Tribunal and are in a territory that is under the effective control of those authorities. SEC. 5. DEFINITIONS. As used in this Act: (1) Country.--The term ``country'' shall not include the state of Bosnia and Herzegovina, and the provisions of this Act shall be applied separately to its constituent entities of Republika Srpska and the Federation of Bosnia and Herzegovina. (2) Dayton agreement.--The term ``Dayton Agreement'' means the General Framework Agreement for Peace in Bosnia and Herzegovina, together with annexes relating thereto, done at Dayton, November 10 through 16, 1995. (3) Democratization assistance.--The term ``democratization assistance'' includes electoral assistance and assistance used in establishing the institutions of a democratic and civil society. (4) Humanitarian assistance.--The term ``humanitarian assistance'' includes disaster and food assistance and assistance for demining, refugees, housing, education, health care, and other social services. (5) Tribunal.--The term ``Tribunal'' means the International Criminal Tribunal for the Former Yugoslavia.

War Crimes Prosecution Facilitation Act of 1997 - Expresses the sense of the Congress that: (1) reconciliation in Bosnia and Herzegovina cannot be achieved if indicted war criminals remain at large and refugees and displaced persons are unable to return to their homes; (2) the United States should ensure that multilateral and bilateral assistance is provided to the Dayton Agreement parties only if doing so would promote reconciliation as well as reconstruction, including the transfer of war criminals to the International Criminal Tribunal for the Former Yugoslavia, the return of refugees and displaced persons, and freedom of movement; and (3) the Tribunal should continue to investigate and bring indictments against persons who have violated international humanitarian law. Prohibits foreign assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act (except humanitarian or democratization assistance, or assistance for physical infrastructure projects) to: (1) any country whose government fails to apprehend and transfer to the Tribunal persons who have been indicted by the Tribunal and are in their territory; (2) any program or activity in such country in which an indicted war criminal has any financial interest or through any organization with which the indicted person is affiliated; and (3) any program or activity in any country (other than emergency food, medical, or demining assistance) in which local authorities are not complying with certain articles of the Dayton Agreement. Directs the Secretary of the Treasury to instruct the U.S. executive directors of the international financial institutions to oppose, and vote against, any extension of any financial assistance or grants to such a country. Provides for a waiver of such sanctions if a majority of indicted persons within the country's territory have been arrested and transferred to the Tribunal.

War Crimes Prosecution Facilitation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hoh Indian Tribe Safe Homelands Act''. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) The Hoh Indian Reservation, located along the Hoh River and the Pacific Ocean in a remote section of Jefferson County, Washington, is the homeland of the Hoh Indian Tribe, a federally recognized Indian tribe. (2) Established by Executive Order in 1893, the Reservation is approximately one square mile, but its habitable acreage has been reduced over time due to storm surges, repeated flooding and erosion, and lack of river dredging. (3) Due to its location along the river and ocean and frequent torrential rains, 90 percent of the Reservation is located within a flood zone and, in fact, has flooded repeatedly over the last five years. In addition, 100 percent of the Reservation is within a tsunami zone, leaving most of the Reservation unfit for safe occupation. (4) The Tribe has repeatedly suffered from serious flood and wind damage to homes, tribal buildings, and utility infrastructure that have caused significant damage and resulted in critical safety and environmental hazards. (5) Federal agencies such as the Bureau of Indian Affairs, the Department of Housing and Urban Development, and the Federal Emergency Management Agency have limited authority to assist the Tribe with housing and other improvements and services due to the dangerous and unsustainable location of the Reservation. (6) The Tribe has purchased from private owners near the Reservation approximately 260 acres of land in order to move key infrastructure out of the flood zone. (7) In addition, the State of Washington's Department of Natural Resources has transferred ownership of 160 acres of land to the Tribe. (8) An approximately 37 acre parcel of logged land, administered by the National Park Service, lies between the current Reservation land and those lands acquired by the Tribe, and the only road accessing the Reservation crosses this parcel. (9) Together, the lands described in paragraphs 6, 7, and 8 would constitute a contiguous parcel for the Reservation and would create a safe area for members of the Tribe to live and rebuild their community. SEC. 3. DEFINITIONS. For the purposes of this Act---- (1) the term ``Federal land'' mean the Federal lands described in section 4(c)(2); (2) the term ``Reservation'' means the reservation of the Hoh Indian Tribe; (3) the term ``Secretary'' means the Secretary of the Interior; and (4) the term ``Tribe'' means the Hoh Indian Tribe, a federally recognized Indian tribe. SEC. 4. TRANSFER OF LANDS TO BE HELD IN TRUST AS PART OF THE TRIBE'S RESERVATION; PLACEMENT OF OTHER LAND INTO TRUST. (a) In General.--The Secretary shall transfer to the Tribe all right, title, and interest of the United States in and to the Federal land. Such land shall be held in trust by the United States for the benefit of the Tribe. Such land shall be excluded from the boundaries of Olympic National Park. At the request of the Tribe, at the time of transfer of the Federal land, the Secretary shall also place into trust for the benefit of the Tribe the non-Federal land owned by the Tribe and described in subsection (c)(1). (b) Reservation.--Land taken into trust for the Tribe pursuant to subsection (a) shall be part of the Reservation (c) Description of Lands.--The land to be transferred and held in trust under subsection (a) is the land generally depicted on the map titled ``H.R. ___ Hoh Indian Tribe Safe Homelands Act'', and dated _________ and further described as-- (1) the non-Federal land owned by the Hoh Tribe; and (2) the Federal land administered by the National Park Service, located in Section 20, Township 26N, Range 13W, W.M. South of the Hoh River. (d) Availability of Map.--Not later than 120 days after the completion of the land transfer of Federal land under this section, the Secretary shall make the map available to the appropriate agency officials and congressional committees. The map shall be available for public inspection in the appropriate offices of the Secretary. (e) Congressional Intent.--It is the intent of Congress that-- (1) the condition of the Federal land at the time of the transfer under this section should be preserved and protected; (2) that the natural environment existing on the Federal land at the time of the transfer under this section should not be altered, except as described in this Act; and (3) the Tribe and the National Park Service shall work cooperatively on issues of mutual concern related to this Act. SEC. 5. PRESERVATION OF EXISTING CONDITION OF FEDERAL LAND; TERMS OF CONSERVATION AND USE IN CONNECTION WITH LAND TRANSFER. (a) Restrictions on Use.--The use of the Federal land transferred pursuant to section 4 is subject to the following conditions: (1) No commercial, residential, industrial, or other buildings or structures shall be placed on the Federal land being transferred and placed into trust. The existing road may be maintained or improved, but no major improvements or road construction shall occur on the lands. (2) In order to maintain its use as a natural wildlife corridor and to provide for protection of existing resources, no logging or hunting shall be allowed on the land. (3) The Tribe may authorize tribal members to engage in ceremonial and other treaty uses of these lands and existing tribal treaty rights are not diminished by this Act. (4) The Tribe shall survey the boundaries of the Federal land and submit the survey to the National Park Service for review and concurrence. (b) Cooperative Efforts.--Congress urges the Secretary and the Tribe to enter into written agreements on the following: (1) Upon completion of the Tribe's proposed emergency fire response building, Congress urges the parties to work toward mutual aid agreements. (2) The National Park Service and the Tribe shall work collaboratively to provide opportunities for the public to learn more about the culture and traditions of the Tribe. (3) The land may be used for the development of a multi- purpose, non-motorized trail from Highway 101 to the Pacific Ocean. The parties agree to work cooperatively in the development and placement of such trail. SEC. 6. HOH INDIAN RESERVATION. All lands taken into trust by the United States under this Act shall be a part of the Hoh Indian Reservation. SEC. 7. GAMING PROHIBITION. No land taken into trust for the benefit of the Hoh Indian Tribe under this Act shall be considered Indian lands for the purpose of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).

Hoh Indian Tribe Safe Homelands Act - Directs the Secretary of the Interior to transfer certain federal and non-federal land to the Hoh Indian Tribe, to be held in trust by the United States for the benefit of the Tribe. Prohibits on such land: (1) the placement of commercial, residential, or industrial buildings; (2) logging and hunting activities; or (3) gaming.

To transfer certain land to the United States to be held in trust for the Hoh Indian Tribe, to place land into trust for the Hoh Indian Tribe, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Fairness Act of 2001''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. (a) In General.--Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made'', and by striking ``1984'' in clause (i) and inserting ``1989''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraphs (F) and (G) of this paragraph), the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes eligible for The applicable such benefits in: percentage is: 1979............................... 55 percent 1980............................... 45 percent 1981............................... 35 percent 1982............................... 32 percent 1983............................... 25 percent 1984............................... 20 percent 1985............................... 16 percent 1986............................... 10 percent 1987............................... 3 percent 1988............................... 5 percent. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph. ``(G)(i) This paragraph shall apply in the case of any individual subject to any timely election to receive lump sum payments under this subparagraph. ``(ii) A written election to receive lump sum payments under this subparagraph, in lieu of the application of this paragraph to the computation of the primary insurance amount of an individual described in paragraph (4)(B), may be filed with the Commissioner of Social Security in such form and manner as shall be prescribed in regulations of the Commissioner. Any such election may be filed by such individual or, in the event of such individual's death before any such election is filed by such individual, by any other beneficiary entitled to benefits under section 202 on the basis of such individual's wages and self- employment income. Any such election filed after December 31, 2001, shall be null and void and of no effect. ``(iii) Upon receipt by the Commissioner of a timely election filed by the individual described in paragraph (4)(B) in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of such election to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay such individual, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000, in 4 annual lump sum installments of $1,250, the first of which shall be made during fiscal year 2002 not later than July 1, 2002, and ``(II) subparagraph (A) shall not apply in determining such individual's primary insurance amount. ``(iv) Upon receipt by the Commissioner as of December 31, 2001, of a timely election filed in accordance with clause (ii) by at least one beneficiary entitled to benefits on the basis of the wages and self- employment income of a deceased individual described in paragraph (4)(B), if such deceased individual has filed no timely election in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of all such elections received as of such date to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay each beneficiary filing such a timely election, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000 (or, in the case of 2 or more such beneficiaries, such amount distributed evenly among such beneficiaries), in 4 equal annual lump sum installments, the first of which shall be made during fiscal year 2002 not later than July 1, 2002, and ``(II) solely for purposes of determining the amount of such beneficiary's benefits, subparagraph (A) shall be deemed not to apply in determining the deceased individual's primary insurance amount.''. (b) Effective Date and Related Rules.-- (1) Applicability of amendments.-- (A) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (B) Applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before July 2002. The amendments made to this section shall apply with respect to benefits payable in months in any fiscal year after fiscal year 2002 only if the corresponding decrease in adjusted discretionary spending limits for budget authority and outlays under section 3 of this Act for fiscal years prior to fiscal year 2003 is extended by Federal law to such fiscal year after fiscal year 2002. (2) Recomputation to reflect benefit increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for June 2002, if such benefits are based on a primary insurance amount computed-- (A) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (B) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act. SEC. 3. OFFSET THROUGH REDUCTIONS IN DISCRETIONARY SPENDING LIMITS. Whenever the Director of the Office of Management and Budget estimates this legislation under section 252(d)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985, the Director shall decrease the adjusted discretionary spending limits for budget authority and outlays for fiscal year 2002 set forth in section 251(c)(6)(A) of such Act by the increase in direct spending estimated to result from enactment of this legislation for that fiscal year. For purposes of section 252(b) of such Act, an amount equal to that decrease in the discretionary spending limit for outlays for such fiscal year shall be treated as direct spending legislation decreasing the deficit for that fiscal year.

Notch Fairness Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum Old Age Insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977.Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988.Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000.Directs the Director of the Office of Management and Budget, when estimating any additional spending under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) resulting from this Act, to decrease the adjusted discretionary spending limits for budget authority and outlays for FY 2002 set forth in such Act by the increase in direct spending estimated to result from enactment of this Act for that fiscal year.

To amend title II of the Social Security Act to allow workers who attain age 65 after 1981 and before 1992 to choose either lump sum payments over four years totalling $5,000 or an improved benefit computation formula under a new 10-year rule governing the transition to the changes in benefit computation rules enacted in the Social Security Amendments of 1977, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights History Project Act of 2009''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) A fundamental principle of American democracy is that individuals should stand up for their rights and beliefs and fight for justice. (2) The actions of those who participated in the Civil Rights movement from the 1950s through the 1960s are a shining example of this principle in action, demonstrated in events as varied as the Montgomery Bus Boycott, the sit-ins, the Freedom Rides, the March on Washington, the drive for voting rights in Mississippi, and the March to Selma. (3) While the Civil Rights movement had many visible leaders, including Thurgood Marshall, Dr. Martin Luther King, Jr., and Rosa Parks, there were many others whose impact and experience were just as important to the cause but who are not as well known. (4) The participants in the Civil Rights movement possess an invaluable resource in their first-hand memories of the movement, and the recording of the retelling of their stories and memories will provide a rich, detailed history of our Nation during an important and tumultuous period. (5) It is in the Nation's interest to undertake a project to collect oral histories of individuals from the Civil Rights movement so future generations will be able to learn of their struggle and sacrifice through primary-source, eyewitness material. A coordinated Federal project would also focus attention on the efforts undertaken by various public and private entities to collect and interpret articles in all formats relating to the Civil Rights movement, and serve as a model for future projects undertaken in museums, libraries, and universities throughout the Nation. (6) The Library of Congress and the Smithsonian Institution are appropriate repositories to collect, preserve, and make available to the public a collection of these oral histories. The Library and Smithsonian have expertise in the management of documentation projects, and experience in the development of cultural and educational programs for the public. (b) Purpose.--It is the purpose of this Act to create a new federally sponsored, authorized, and funded project that will coordinate at a national level the collection of video and audio recordings of personal histories and testimonials of individuals who participated in the American Civil Rights movement that will build upon and complement previous and ongoing documentary work on this subject, and to assist and encourage local efforts to preserve the memories of such individuals so that Americans of all current and future generations may hear from them directly and better appreciate the sacrifices they made. SEC. 3. ESTABLISHMENT OF JOINT PROJECT AT LIBRARY OF CONGRESS AND NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE TO COLLECT VIDEO AND AUDIO RECORDINGS OF HISTORIES OF PARTICIPANTS IN AMERICAN CIVIL RIGHTS MOVEMENT. (a) Establishment of Project.-- (1) In general.--Within the limits of available funds, the Librarian of Congress (hereafter referred to as the ``Librarian'') and the Secretary of the Smithsonian Institution (hereafter referred to as the ``Secretary)'', acting jointly, shall establish an oral history project-- (A) to survey, during the initial phase of the project, collections of audio and video recordings of the reminiscences of participants in the Civil Rights movement that are housed in archives, libraries, museums, and other educational institutions, as well as ongoing documentary work, in order to augment and complement these endeavors and avoid duplication of effort; (B) to solicit, reproduce, and collect-- (i) video and audio recordings of personal histories and testimonials of individuals who participated in the Civil Rights movement, and (ii) visual and written materials (such as letters, diaries, photographs, and ephemera) relevant to the personal histories of individuals; (C) to create a collection of the recordings and other materials obtained, and to catalog and index the collection in a manner the Librarian and the Secretary consider appropriate; and (D) to make the collection available for public use through the Library of Congress and the National Museum of African American History and Culture, as well as through such other methods as the Librarian and the Secretary consider appropriate. (2) Role of director of museum.--The Secretary shall carry out the Secretary's duties under this Act through the Director of the National Museum of African American History and Culture. (b) Use of and Consultation With Other Entities.--The Librarian and the Secretary may carry out the activities described in subsection (a)(1) through agreements and partnerships entered into with other government and private entities, and may otherwise consult with interested persons (within the limits of available resources) and develop appropriate guidelines and arrangements for soliciting, acquiring, and making available recordings under the project under this Act. (c) Services of Experts and Consultants; Acceptance of Volunteer Services; Advance Payments.--In carrying out activities described in subsection (a)(1), the Librarian and the Secretary may-- (1) procure temporary and intermittent services under section 3109 of title 5, United States Code; (2) accept and utilize the services of volunteers and other uncompensated personnel and reimburse them for travel expenses, including per diem, as authorized under section 5703 of title 5, United States Code; and (3) make advances of money and payments in advance in accordance with section 3324 of title 31, United States Code. (d) Timing.--As soon as practicable after the enactment of this Act, the Librarian and the Secretary shall begin collecting video and audio recordings and other materials under subsection (a)(1), and shall attempt to collect the first such recordings from the oldest individuals involved. (e) Definition.--In this Act, the term ``Civil Rights movement'' means the movement to secure racial equality in the United States for African Americans that, focusing on the period 1954 through 1968, challenged the practice of racial segregation in the Nation and achieved equal rights legislation for all American citizens. SEC. 4. PRIVATE SUPPORT FOR CIVIL RIGHTS HISTORY PROJECT. (a) Encouraging Solicitation and Acceptance of Donations.--The Librarian of Congress and the Secretary are encouraged to solicit and accept donations of funds and in-kind contributions to support activities under section 3. (b) Dedication of Funds Provided to Library of Congress.-- Notwithstanding any other provision of law-- (1) any funds donated to the Librarian of Congress to support the activities of the Librarian under section 3 shall be deposited entirely into an account established for such purpose; (2) the funds contained in such account shall be used solely to support such activities; and (3) the Librarian of Congress may not deposit into such account any funds donated to the Librarian which are not donated for the exclusive purpose of supporting such activities. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $500,000 for fiscal year 2010; and (2) such sums as may be necessary for each of the fiscal years 2011 through 2014. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Civil Rights History Project Act of 2009 - Requires, within the limits of available funds, the Librarian of Congress and the Secretary of the Smithsonian Institution (acting through the Director of the National Museum of African American History and Culture) to establish an oral history project to: (1) collect video and audio recordings of, and visual and written materials relevant to the personal histories of, participants in the Civil Rights movement; and (2) make the collection available for public use through the Library of Congress and the Museum. Defines, for this Act, "Civil Rights movement" as the movement to secure racial equality in the United States for African Americans that, focusing on the period 1954 through 1968, challenged the practice of racial segregation in the nation and achieved equal rights legislation for all American citizens. Encourages the Librarian and the Secretary to solicit and accept related donations of funds and in-kind contributions. Authorizes appropriations.

To direct the Librarian of Congress and the Secretary of the Smithsonian Institution to carry out a joint project at the Library of Congress and the National Museum of African American History and Culture to collect video and audio recordings of personal histories and testimonials of individuals who participated in the Civil Rights movement, and for other purposes.