FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE, REFERENCE, AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Uniform Food Safety Labeling Act''. (b) Reference.--Except as otherwise specified, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to that section or other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.). (c) Table of Contents.--The table of contents is as follows: Sec. 1. Short title, reference, and table of contents. Sec. 2. Labeling of raw or partially cooked foods and unpasteurized juice. Sec. 3. Sale and labeling of frozen fish and shellfish. Sec. 4. Sale of raw eggs. Sec. 5. Statement of origin. Sec. 6. Freshness date. Sec. 7. Food labeled as natural. Sec. 8. Labeling of kosher and kosher-style foods. Sec. 9. Unit pricing. Sec. 10. Grades for farm products. Sec. 11. Regulations. SEC. 2. LABELING OF RAW OR PARTIALLY COOKED FOODS AND UNPASTEURIZED JUICE. Section 403 (21 U.S.C. 343) is amended by adding at the end the following: ``(t)(1) Unless the label or labeling of raw or partially cooked eggs, fish, milk, dairy products, shellfish, or unpasteurized juice offered in a ready-to-eat form as a deli, vended, or other item, or the label or labeling of a ready-to-eat food containing as an ingredient raw or partially cooked eggs, fish, milk, dairy products, shellfish, or unpasteurized juice, discloses the increased risk associated with eating such food in raw or partially cooked form. ``(2) Eggs, fish, milk, dairy products, and shellfish routinely served raw or partially cooked, unpasteurized juice, and ready-to-eat foods containing such raw or partially cooked foods or unpasteurized juice as ingredients shall bear the following: This food contains raw or partially cooked eggs, fish, shellfish, or unpasteurized juice. Children, the elderly, pregnant women, or persons with weakened immune systems may experience severe foodborne illness from eating this item. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 3. SALE AND LABELING OF FROZEN FISH AND SHELLFISH. Section 403 (21 U.S.C. 343), as amended by section 2, is amended by adding at the end the following: ``(u)(1) Except as provided in subparagraph (2), if it is fish or shellfish that has been frozen unless its label or labeling bears a prominent and conspicuous statement indicating that such product has been frozen. ``(2) This paragraph shall not apply to fish or shellfish that has been frozen prior to being smoked, cured, cooked, or subjected to the heat of commercial sterilization. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 4. SALE OF RAW EGGS. Section 403 (21 U.S.C. 343), as amended by section 3, is amended by adding at the end the following: ``(v)(1) If it is raw eggs, unless its label or labeling states `Children, the elderly, pregnant women, or persons with weakened immune systems may experience severe illness from eating raw or partially cooked eggs.' ``(2) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 5. STATEMENT OF ORIGIN. Section 403 (21 U.S.C. 343), as amended by section 4, is amended by adding at the end the following: ``(w)(1) If it is a perishable agricultural commodity as defined in section 1(b)(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b)(1)), unless it bears a label or labeling containing the country of origin of the perishable agricultural commodity. ``(2) If it is a product derived from a perishable agricultural commodity, including juice, frozen juice concentrate, fruit butter, preserves and jams, or canned or frozen fruits or vegetables, unless it bears a label or labeling containing the country of origin of the perishable agricultural commodity and the product derived from it. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 6. FRESHNESS DATE. Section 403 (21 U.S.C. 343), as amended by section 5, is amended by adding at the end the following: ``(x)(1) Unless its label or labeling bears the date upon which the food should no longer be sold because of diminution of quality, nutrient availability, or safety. The freshness date shall be stated in terms of the day and month of the year if the food will not be fresh after 3 months on the shelf, or in terms of the month and year if the product will be fresh for more than 3 months on the shelf. The phrase `use by' shall precede the date. ``(2) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the means of disclosing the freshness date.''. SEC. 7. FOOD LABELED AS NATURAL. Section 403 (21 U.S.C. 343), as amended by section 6, is amended by adding at the end the following: ``(y)(1) If its label or labeling bears the word `natural', unless-- ``(A) it contains no artificial flavoring, color additive, chemical preservative, or any other artificial or synthetic ingredient added after harvesting; and ``(B) it has undergone no processing other than minimal processing, such as the removal of inedible substances or the application of physical processes such as cutting, grinding, drying, homogenizing, or pulping. ``(2) This paragraph shall not apply to the use of the terms `natural flavors' and `natural colors' as approved by the Food and Drug Administration. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation the labeling requirements of this paragraph.''. SEC. 8. LABELING OF KOSHER AND KOSHER-STYLE FOODS. Section 403 (21 U.S.C. 343), as amended by section 7, is amended by adding at the end the following: ``(z)(1) If it is falsely represented in the food's label or labeling to be kosher, kosher for Passover, pareve, or as having been prepared in accordance with orthodox Jewish religious standards either by direct statements, orally or in writing, or by display of the word `Kosher', `Kosher for Passover', or `Pareve'; or ``(2) if the food's label or labeling uses the term `Kosher' in conjunction with the words `style' or `type' or any similar expression which might reasonably be calculated to deceive a reasonable person to believe that a representation is being made that the food sold is kosher, kosher for Passover, pareve, or prepared in accordance with orthodox Jewish religious standards. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation provisions that implement this paragraph.''. SEC. 9. UNIT PRICING. (a) In General.--Section 403 (21 U.S.C. 343), as amended by section 8, is amended by adding at the end the following: ``(aa)(1) Unless its label or labeling bears the unit price and the total price of the food as provided in this paragraph. ``(2) As used in this paragraph ``(A) The term `unit price' of food shall mean the price per measure. ``(B) The term `price per measure' shall mean-- ``(i) price per pound for food whose net quantity is expressed in units of weight, except for such food whose net weight is less than 1 ounce which shall be expressed as price per ounce if the same unit of measure is used for the same food in all sizes; ``(ii) price per pint or quart for food whose net quantity is stated in fluid ounces, pints, quarts, gallons, or a combination thereof, if the same unit of measure is used for the same food in all sizes sold in the retail establishment; and ``(iii) price per 100 for food whose net quantity is expressed by count, except as otherwise provided by regulation. ``(3) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation a national program of pricing as prescribed by this paragraph.''. SEC. 10. GRADES FOR FARM PRODUCTS. Section 403 (21 U.S.C. 343), as amended by section 9, is amended by adding at the end the following: ``(bb)(1) Unless it bears a grade, where grading is customary within the industry. ``(2) The Secretary shall, in accordance with section 11 of the National Uniform Food Safety Labeling Act, establish by regulation a national program of grading for food which is customarily graded.''. SEC. 11. REGULATIONS. (a)(1) Within 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue proposed regulations to implement paragraphs (t) and (bb) of section 403 of the Federal Food, Drug, and Cosmetic Act. The proposed regulations shall establish format requirements for the label statements mandated by such sections. The required label statements shall appear in easily legible boldface print or type, with upper and lower case letters, and in distinct contrast to other printed or graphic matter. The label statements shall appear in a type size not less than the largest type found on the label, except that used for the brand name, product name, logo, or universal product code, and in any case not less than the type size required for the declaration of net quantity of contents statement as prescribed by regulation printed in 21 C.F.R. 101.105(1). All required label statements shall be placed on the information panel, except for the statements required by paragraphs (w) and (aa) of such section 403, which shall be placed on the principal display panel. (2) Not later than 24 months after the date of enactment of this Act, the Secretary shall issue final regulations to implement sections 403(z)-(y) of the Federal Food, Drug, and Cosmetic Act. (b) If the Secretary does not promulgate final regulations under subsection (a)(2) upon the expiration of 24 months after the date of the enactment of this Act, the proposed regulation issued in accordance with subsection (a)(1) shall be considered as the final regulations upon the expiration of such 24 months. There shall be promptly published in the Federal Register notice of the new status of the proposed regulations.

National Uniform Food Safety Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to deem food to be misbranded unless certain labeling information is provided concerning: (1) raw or partially cooked eggs, fish and shellfish, dairy products, or unpasteurized juice in ready-to-eat form; (2) frozen fish and shellfish other than smoked, cured, cooked, or commercially sterilized; (3) raw eggs; (4) country of origin for perishable agricultural commodities or derived products ; (5) freshness dates; (6) food labeled as natural; (7) kosher and kosher-style foods; (8) unit pricing; and (9) grades (where customary) for farm products.

To amend the Federal Food, Drug, and Cosmetic Act to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Employee Ownership Bank Act''. SEC. 2. FINDINGS. Congress finds that-- (1) over the past 6 years, the United States has lost more than 3,000,000 decent paying manufacturing jobs; (2) at the end of 2006, the United States had a record- breaking trade deficit of more than $763,000,000,000, including a $232,000,000,000 trade deficit with China; (3) preserving and increasing decent paying jobs must be a top priority of the United States Congress; (4) providing loan guarantees, direct loans, and technical assistance to employees to buy their own companies will preserve and increase employment in the United States; and (5) just like the United States Export-Import Bank was created in 1934 during the midst of the Great Depression as a way to increase United States jobs through exports, the time has come to establish the United States Employee Ownership Bank within the Department of the Treasury to preserve and expand jobs in the United States. SEC. 3. ESTABLISHMENT OF UNITED STATES EMPLOYEE OWNERSHIP BANK WITHIN THE DEPARTMENT OF THE TREASURY. (a) Establishment Required.--Before the end of the 90-day period beginning on the date of enactment of this Act, the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall establish the United States Employee Ownership Bank (in this Act referred to as the ``Bank'') to foster increased employee ownership and greater employee participation in company decisionmaking throughout the United States. (b) Duties of Bank.--The Bank shall provide-- (1) loans subordinated to the interests of all other creditors and loan guarantees, to employees to purchase a business through an employee stock ownership plan or eligible worker-owned cooperative, which shall be at least 51 percent employee owned; and (2) grants to States and nonprofit and cooperative organizations with experience in developing employee-owned businesses and worker-owned cooperatives-- (A) to provide education and outreach to inform people about the possibilities and benefits of employee ownership of companies, gain sharing, and participation in company decisionmaking, including some financial education; (B) to provide technical assistance to assist employee efforts to become business owners; (C) to provide participation training to teach employees and employers methods of employee participation in company decisionmaking; and (D) to conduct objective third party pre- feasibility and feasibility studies to determine if employees who would like to start up employee stock ownership plans or worker cooperatives would be able to create a sustainable business. (c) Preconditions.--Before the Bank makes any subordinated loan or loan guarantee under subsection (b)(1), the employees shall submit to the Bank-- (1) a business plan that shows that-- (A) not less than 51 percent of all interests in the company is owned or controlled by an employee stock ownership plan or eligible worker-owned cooperative; (B) the board of directors of the company is elected by all of the participants in the employee stock ownership plan, as well as other shareholders, or by the members of the eligible worker-owned cooperative; and (C) all employees receive basic information about company progress and have the opportunity to participate in day-to-day operations; and (2) a feasibility study from an objective third party with a positive determination that the employee stock ownership plan or eligible worker owned cooperative will generate enough margin to pay back any loan, subordinated loan, or loan guarantee that was made possible through the Bank. (d) Insurance of Subordinated Loans and Loan Guarantees.-- (1) In general.--The Bank shall, with respect to any subordinated loan or loan guarantee provided under this Act, insure such loan or loan guarantee against the nonrepayment of the outstanding balance of the loan. (2) Annual premiums.--The Bank shall fix the annual premium for the insurance of each subordinated loan or loan guarantee under this subsection to be paid by the borrower, in such manner and in such amount as to cover no more than the cost of the insurance. (3) Premiums and guarantee fees available to cover losses.--The premiums collected by the Bank from insurance issued under this subsection and the fees collected by the Bank for loan guarantees issued under subsection (b) shall be deposited in a fund in the Treasury, and shall be available to the Bank to cover any losses incurred by the Bank in connection with any such loan or loan guarantee. (e) Terms and Conditions for Loans and Loan Guarantees.-- Notwithstanding any other provision of law, a loan or loan guarantee under subsection (b)(1) shall-- (1) bear interest at an annual rate of, as determined by the Secretary-- (A) in the case of a direct loan-- (i) the cost of borrowing to the Department of the Treasury for obligations of comparable maturity; or (ii) 4 percent; and (B) in the case of a guaranteed loan, the current applicable market rate for a loan of comparable maturity; and (2) have a term not to exceed 12 years. (f) Technical Assistance in the Discretion of the Secretary.--In the case of activities under subsection (b)(2)(B), the Secretary may require the Bank-- (1) to provide for the targeting of key groups, such as retiring business owners, unions, managers, trade associations, and community organizations; (2) to encourage cooperation in organizing workshops and conferences; (3) to provide for the preparation and distribution of materials concerning employee ownership and participation; and (4) to provide training workshops for personnel of State, nonprofit, and cooperative technical assistance organizations and to defray part of the costs of an annual meeting of such organizations to share their experience and best practices. (g) Participation Training in the Discretion of the Secretary.--In the case of activities under subsection (b)(2)(C), the Secretary may require the Bank-- (1) to provide for courses on employee participation; and (2) to provide for the development and fostering of networks of employee owned companies to spread the use of successful participation techniques. SEC. 4. REGULATIONS. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to implement this Act. (b) Content.--Regulations required by subsection (a) shall include provisions-- (1) to ensure the safety and soundness of the Bank; and (2) to ensure that the Bank will not compete with commercial financial institutions; SEC. 5. ORGANIZATION OF THE BANK. (a) Management.--There shall be at the head of the Bank, a Director of the United States Employee Ownership Bank (in this Act referred to as the ``Director''), who shall be appointed by, and serve at the pleasure of, the Secretary. (b) Staff.--The Director may select, appoint, employ, and fix the compensation of such employees as are necessary to carry out the functions of the Bank. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of the Treasury, $100,000,000 for fiscal year 2008, and such sums as may be necessary thereafter to carry out this Act.

United States Employee Ownership Bank Act - Directs the Secretary of the Treasury to establish the United States Employee Ownership Bank to foster increased employee ownership and greater employee participation in company decisionmaking throughout the United States. Requires the Bank to make: (1) loans (subordinated to the interests of all other creditors) and loan guarantees to employees to purchase a business through an employee stock ownership plan or eligible worker-owned cooperative; and (2) grants to states and nonprofit and cooperative organizations with experience in developing employee-owned businesses and worker-owned cooperatives to provide education, outreach, and technical assistance to such employee business efforts. Requires the Bank to insure such loans or loan guarantees against nonrepayment of the outstanding loan balance.

A bill to provide for the establishment of the United States Employee Ownership Bank, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Clean, Learn, Educate, Abolish, Neutralize, and Undermine Production (CLEAN-UP) of Methamphetamines Act of 2002''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ENVIRONMENTAL PROTECTION Sec. 101. Response to environmental hazards associated with illegal manufacture of methamphetamine on Department of Agriculture and Department of the Interior lands. Sec. 102. Grant program to assist State and local government and private response to environmental hazards associated with illegal manufacture of methamphetamine on agricultural lands. Sec. 103. Designation of by-products of methamphetamine laboratories as hazardous materials and waste under Hazardous Materials Transportation Act and Solid Waste Disposal Act. Sec. 104. Grant program to assist local law enforcement agencies in the safe identification, cleanup, and disposal of methamphetamine laboratories. Sec. 105. Grant program to assist local law enforcement agencies in meeting the costs of complying with Federal laws relating to methamphetamine laboratory cleanup and disposal. Sec. 106. Study of environmental impact. TITLE II--EDUCATION, PREVENTION, AND TREATMENT Sec. 201. Study regarding health effects of exposure to process of unlawful manufacture of methamphetamine. Sec. 202. Grants for educational programs on prevention and treatment of methamphetamine abuse. Sec. 203. Local grants for treatment of methamphetamine abuse and related conditions. TITLE III--ENFORCEMENT Sec. 301. Authorization of appropriations relating to methamphetamine laboratory seizure statistics. Sec. 302. Authorization of appropriations relating to COPS grants. Sec. 303. Expansion of methamphetamine Hot Spots program to include personnel and equipment for enforcement, prosecution, and environmental cleanup. Sec. 304. Authorization of appropriations relating to the clandestine laboratory training. Sec. 305. Liability of promoters of drug-oriented entertainment. Sec. 306. Statement of Congress regarding availability and illegal importation of pseudoephedrine from Canada. TITLE I--ENVIRONMENTAL PROTECTION SEC. 101. RESPONSE TO ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL MANUFACTURE OF METHAMPHETAMINE ON DEPARTMENT OF AGRICULTURE AND DEPARTMENT OF THE INTERIOR LANDS. (a) Response Activities.--The Secretary of Agriculture and the Secretary of the Interior may carry out programs for the environmental clean up and remediation of National Forest System lands and other lands under the jurisdiction of the Department of Agriculture and National Park System lands and other lands under the jurisdiction of the Department of the Interior that are contaminated with any hazardous substance or pollutant associated with the illegal manufacture of methamphetamine. (b) Authorization of Appropriations.--There is authorized to be appropriated $15,000,000 to carry out the programs authorized in subsection (a). SEC. 102. GRANT PROGRAM TO ASSIST STATE AND LOCAL GOVERNMENT AND PRIVATE RESPONSE TO ENVIRONMENTAL HAZARDS ASSOCIATED WITH ILLEGAL MANUFACTURE OF METHAMPHETAMINE ON AGRICULTURAL LANDS. (a) Grants Authorized.--The Secretary of Agriculture may make grants to State and local governments and to private persons to assist the efforts of State and local governments and private persons to clean up and remediate agricultural lands that are contaminated with any hazardous substance or pollutant associated with the illegal manufacture of methamphetamine. No grant may be made under this subsection to any person who is responsible for the contamination. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Agriculture $15,000,000 to make grants under subsection (a). SEC. 103. DESIGNATION OF BY-PRODUCTS OF METHAMPHETAMINE LABORATORIES AS HAZARDOUS MATERIALS AND WASTE UNDER HAZARDOUS MATERIALS TRANSPORTATION ACT AND SOLID WASTE DISPOSAL ACT. (a) Hazardous Materials Transportation Act.--The Secretary of Transportation shall utilize the authority provided by section 5103 of title 49, United States Code, to designate certain by-products of the methamphetamine production process as hazardous materials for purposes of chapter 51 of such title to protect the environment from the environmental harm caused by certain by-products of illegal methamphetamine laboratories and to expand the civil and criminal penalties available against persons who operate such laboratories. (b) Solid Waste Disposal Act.--The Administrator of the Environmental Protection Agency shall utilize the authority provided by section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921) to designate certain by-products of the methamphetamine production process as hazardous waste for purposes of such Act (42 U.S.C. 6901 et seq.) to protect the environment from the environmental harm caused by certain by-products of illegal methamphetamine laboratories and to expand the civil and criminal penalties available against persons who operate such laboratories. (c) Covered Materials.--Not later than 13 months after the date of the enactment of this Act, the Administrator of the Drug Enforcement Administration shall submit to the Secretary of Transportation and the Administrator of the Environmental Protection Agency a list of those by-products of the methamphetamine production process that, in the event of improper disposal and inadequate remediation, are likely to cause long-term harm to the environment. The Administrator of the Drug Enforcement Administration shall take into consideration the report required by section 106 in preparing the initial list and shall revise the list annually thereafter as necessary to reflect changes in the methamphetamine production process. (d) Time for Designation.--The designations required by subsections (a) and (b) shall be completed not later than 18 months after the date of the enactment of this Act. If the Administrator of the Drug Enforcement Administration revises the list referred to in subsection (c), the Secretary of Transportation and the Administrator of the Environmental Protection Agency shall complete additional designations to reflect the revisions made to the list not later than 18 months after the date of the submission of the revised list. SEC. 104. GRANT PROGRAM TO ASSIST LOCAL LAW ENFORCEMENT AGENCIES IN THE SAFE IDENTIFICATION, CLEANUP, AND DISPOSAL OF METHAMPHETAMINE LABORATORIES. (a) Grants Authorized.--The Secretary of Labor, acting through the Occupational Safety and Health Administration, shall provide grants to local law enforcement agencies for-- (1) training in safe procedures for identifying, cleaning up, and disposing of methamphetamine laboratories, and (2) acquisition of equipment for the safe identification, cleanup, and disposal of methamphetamine laboratories, including costs associated with such training and acquisition provided by public agencies or private organizations. (b) Rulemaking.--The Secretary of Labor may prescribe rules to carry out this section. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2003. SEC. 105. GRANT PROGRAM TO ASSIST LOCAL LAW ENFORCEMENT AGENCIES IN MEETING THE COSTS OF COMPLYING WITH FEDERAL LAWS RELATING TO METHAMPHETAMINE LABORATORY CLEANUP AND DISPOSAL. (a) Grants Authorized.--The Secretary of Labor shall provide grants to local law enforcement agencies to assist such agencies in meeting the costs of complying with Federal laws regarding the cleanup and disposal of methamphetamine laboratories. (b) Rulemaking.--The Secretary of Labor may prescribe rules to carry out this section. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2003. SEC. 106. STUDY OF ENVIRONMENTAL IMPACT. (a) Study Required.--Not later than one year after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to Congress a study of the impact of the operation of laboratories for the manufacture of methamphetamines on the environment, including the impact on agriculture. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator of the Environmental Protection Agency $1,000,000 for fiscal year 2003 to conduct the study required by subsection (a). TITLE II--EDUCATION, PREVENTION, AND TREATMENT SEC. 201. STUDY REGARDING HEALTH EFFECTS OF EXPOSURE TO PROCESS OF UNLAWFUL MANUFACTURE OF METHAMPHETAMINE. (a) In General.--With respect to the unlawful manufacturing of methamphetamine, the Secretary of Health and Human Services shall conduct a study for the purpose of determining-- (1) to what extent food, water, air, soil, equipment, or other matter becomes contaminated with methamphetamine or other harmful substances as a result of the proximity of the matter to the process of such manufacturing; and (2) whether any adverse health conditions result from the exposure of individuals to such process or to contaminated matter within the meaning of paragraph (1). (b) Report to Congress.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall complete the study under subsection (a) and submit to the Congress a report describing the findings of the study. SEC. 202. GRANTS FOR EDUCATIONAL PROGRAMS ON PREVENTION AND TREATMENT OF METHAMPHETAMINE ABUSE. Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended-- (1) in section 4003-- (A) at the end of paragraph (1), by striking ``and''; (B) at the end of paragraph (2), by striking the period and inserting ``; and''; and (C) at the end of the section, by adding the following: ``(3) $20,000,000 for fiscal year 2003, for grants under subpart 4.''; (2) by redesignating subpart 4 as subpart 5; and (3) by inserting after subpart 3 the following: ``Subpart 4--Education on Prevention and Treatment of Methamphetamine Abuse ``SEC. 4146. GRANT PROGRAM. ``(a) Grants.--From funds made available to carry out this subpart under section 4003(3), the Secretary may make grants on a competitive basis to local educational agencies and nonprofit organizations to carry out programs to educate students on prevention and treatment of methamphetamine abuse. ``(b) Applications.--To receive a grant under this section, an applicant shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.''. SEC. 203. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE AND RELATED CONDITIONS. Subpart 1 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended-- (1) by redesignating the section 514 that relates to methamphetamine and appears after section 514A as section 514B; and (2) by inserting after section 514B (as so redesignated) the following section: ``local grants for treatment of methamphetamine abuse and related conditions ``Sec. 514C. (a) In General.--The Secretary may make grants to political subdivisions of States and to nonprofit private entities for the purpose of providing treatment for methamphetamine abuse, subject to subsection (b). ``(b) Certain Services for Children.--In addition to the purpose described in subsection (a), a grant under such subsection may be expended to treat children for any adverse health condition resulting from a qualifying methamphetamine-related exposure. ``(c) Definitions.--For purposes of this section: ``(1) The term `children' means individuals who are under the age of 18. ``(2)(A) The term `qualifying methamphetamine-related exposure', with respect to children, means exposure to methamphetamine or other harmful substances as a result of the proximity of the children to the process of manufacturing methamphetamine or the proximity of the children to associated contaminated matter. ``(B) The term `associated contaminated matter', with respect to the process of manufacturing methamphetamine, means food, water, air, soil, equipment, or other matter that is contaminated with methamphetamine or other harmful substances as a result of the proximity of the matter to such process. ``(d) Funding.-- ``(1) Authorization of appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2003. ``(2) Allocation for children.--Of the amount appropriated under paragraph (1) for a fiscal year, not less than $2,500,000 shall be reserved for carrying out this section with respect to children.''. TITLE III--ENFORCEMENT SEC. 301. AUTHORIZATION OF APPROPRIATIONS RELATING TO METHAMPHETAMINE LABORATORY SEIZURE STATISTICS. In addition to any other funds authorized to be appropriated for fiscal year 2003 for the collection, aggregation, and dissemination of methamphetamine laboratory seizure statistics by the El Paso Intelligence Center (EPIC) of the Department of Justice, there is authorized to be appropriated $2,000,000 for such purpose. SEC. 302. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS GRANTS. (a) In General.--In addition to any other funds authorized to be appropriated for fiscal year 2003 for grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), known as the COPS program, there is authorized to be appropriated $20,000,000 for such purpose to provide training to State and local prosecutors and law enforcement agents for prosecution of methamphetamine offenses. (b) Rural Set-Aside.--Of amounts made available pursuant to subsection (a), $5,000,000 shall be available only for prosecutors and law enforcement agents for rural communities. (c) DEA Reimbursement.--Of amounts made available pursuant to subsection (a), $2,000,000 shall be available only to reimburse the Drug Enforcement Administration for existing training expenses. SEC. 303. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO INCLUDE PERSONNEL AND EQUIPMENT FOR ENFORCEMENT, PROSECUTION, AND ENVIRONMENTAL CLEANUP. Section 1701(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended-- (1) in paragraph (10) by striking ``and'' at the end; (2) in paragraph (11) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(12) hire personnel and purchase equipment to assist in the enforcement and prosecution of methamphetamine offenses and the environmental cleanup of methamphetamine-affected areas.''. SEC. 304. AUTHORIZATION OF APPROPRIATIONS RELATING TO THE CLANDESTINE LABORATORY TRAINING. In addition to any other funds authorized to be appropriated for fiscal year 2003 for the facilities and personnel used to operate the Clandestine Laboratory Training Facility of the Drug Enforcement Administrated, located in Quantico, Virginia, there is authorized to be appropriated $10,000,000 for such purpose (but to include not more than 20 additional fulltime positions) to provide training to law enforcement personnel of all the States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. SEC. 305. LIABILITY OF PROMOTERS OF DRUG-ORIENTED ENTERTAINMENT. (a) In General.--The Controlled Substances Act is amended by inserting after section 416 (21 U.S.C. 856) the following new section: ``SEC. 416A. PROMOTERS OF DRUG ORIENTED ENTERTAINMENT. ``Whoever knowingly promotes any rave, dance, music, or other entertainment event, that takes place under circumstances where the promoter knows or reasonably ought to know that a controlled substance will be used or distributed in violation of Federal law or the law of the place were the event is held, shall be fined under title 18, United States Code, or imprisoned for not more than 9 years, or both.''. (b) Clerical Amendment.--The table of sections at the beginning of the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 416 the following new item: ``Sec. 416A. Promoters of drug oriented entertainment.''. SEC. 306. STATEMENT OF CONGRESS REGARDING AVAILABILITY AND ILLEGAL IMPORTATION OF PSEUDOEPHEDRINE FROM CANADA. (a) Findings.--The Congress finds that-- (1) pseudoephedrine is one of the basic precursor chemicals used in the manufacture of the dangerous narcotic methamphetamine; (2) the Federal Government, working in cooperation with narcotics agents of State and local governments and the private sector, has tightened the control of pseudoephedrine in the United States in recent years; (3) pseudoephedrine can only be purchased in the United States in small quantity bottles or blister packs; however, the widespread presence of large containers of pseudoephedrine from Canada at methamphetamine laboratories and dumpsites in the United States, despite efforts of law enforcement agencies to stem the flow of these containers into the United States, demonstrates the strength of the demand for, and the inherent difficulties in stemming the flow of, these containers from neighboring Canada; and (4) Canada lacks a comprehensive legislative framework for addressing the pseudoephedrine trafficking problem. (b) Call for Action by Canada.--The Congress strongly urges the President to seek commitments from the Government of Canada to begin immediately to take effective measures to stem the widespread and increasing availability in Canada and the illegal importation into the United States of pseudoephedrine.

Clean, Learn, Educate, Abolish, Neutralize, and Undermine Production (CLEAN-UP) of Methamphetamines Act of 2002 - Authorizes the Secretary of Agriculture and the Secretary of the Interior to carry out environmental cleanup and remediation programs involving specified lands that are contaminated with hazardous substances associated with illegal methamphetamine manufacture.Directs: (1) the Secretary of Transportation and the Administrator of the Environmental Protection Agency (EPA) to designate as hazardous certain byproducts of the methamphetamine production process and expand penalties against laboratory operators; (2) the Administrator of the Drug Enforcement Administration to list byproducts likely to cause long-term environmental harm; (3) the Secretary of Labor, acting through the Occupational Safety and Health Administration, to provide grants to local law enforcement for specified training and equipment acquisition; (4) the EPA Administrator to study the impact of methamphetamine laboratory operation on the environment; and (5) the Secretary of Health and Human Services to study contamination issues.Amends: (1) the Elementary and Secondary Education Act of 1965 to authorize grants for educational programs; (2) the Public Health Service Act to authorize grants to provide treatment; (3) the Omnibus Crime Control and Safe Streets Act of 1968 to include among permissible grant projects under the "cops on the beat" program hiring personnel and purchasing equipment; and (4) the Controlled Substances Act to set penalties for promoting an entertainment event where the promoter knows that a controlled substance will be used or distributed in violation of specified law.Urges the President to seek commitments from the Canadian Government regarding the availability of pseudoephedrine.

To respond to the illegal production, distribution, and use of methamphetamines in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Indian Land Transfer Act''. SEC. 2. LANDS HELD IN TRUST FOR VARIOUS TRIBES OF CALIFORNIA INDIANS. (a) In General.--Subject to section 3, all right, title, and interest of the United States in and to the lands described in subsection (b) in connection with each tribe, band, or group of California Indians listed in such subsection (including all improvements on such lands and appurtenances to such lands) are hereby declared to be held in trust status by the United States for the benefit of such tribe, band, or group. (b) Lands Described.--The lands described in this subsection, comprising approximately 1,144.23 acres, and the related tribe, band, or group, are as follows: (1) Pit river tribe.--Lands with respect to the Pit River Tribe; 560 acres located as follows: Township 42 North, Range 13 East, Mount Diablo Base and Meridian Section 3: S\1/2\ of NW\1/4\, NW\1/4\ of NW\1/4\, 120 acres. Township 43 North, Range 13 East Section 1: N\1/2\ of NE\1/4\, 80 acres, Section 22: SE\1/4\ of SE\1/4\, 40 acres, Section 25: SE\1/4\ of NW\1/4\, 40 acres, Section 26: SW\1/4\ of SE\1/4\, 40 acres, Section 27: SE\1/4\ of NW\1/4\, 40 acres, Section 28: NE\1/4\ of SW\1/4\, 40 acres, Section 32: SE\1/4\ of SE\1/4\, 40 acres, Section 34: SE\1/4\ of NW\1/4\, 40 acres, Township 44 North, Range 14 East, Mount Diablo Base and Meridian Section 31: S\1/2\ of SW\1/4\, 80 acres. (2) Bridgeport paiute indian colony.--Lands with respect to the Bridgeport Paiute Indian Colony; 40 acres located as follows: Township 5 North, Range 25 East, Mount Diablo Base and Meridian Section 28: SW\1/4\ of NE\1/4\. (3) Utu utu gwaitu paiute tribe.--Lands with respect to Utu Utu Gwaitu Paiute Tribe, Benton Paiute Reservation; 240 acres located as follows: Township 2 South, Range 31 East, Mount Diablo Base and Meridian Section 11: SE\1/4\ and E\1/2\ of SW\1/4\. (4) Fort independence community of paiute indians.--Lands with respect to the Fort Independence Community of Paiute Indians; 200 acres located as follows: Township 13 South, Range 34 East, Mount Diablo Base and Meridian Section 1: W\1/2\ of Lot 5 in the NE\1/4\, Lot 3, E\1/2\ of Lot 4, and E\1/2\ of Lot 5 in the NW\1/4\. (5) Barona group of capitan grande band of mission indians.--Lands with respect to the Barona Group of Capitan Grande Band of Mission Indians; 5.03 acres located as follows: Township 14 South, Range 2 East, San Bernardino Base and Meridian Section 7, Lot 15. (6) Morongo band of mission indians.--Lands with respect to the Morongo Band of Mission Indians; approximately 40 acres located as follows: Township 3 South, Range 2 East, San Bernardino Base and Meridian Section 20: NW\1/4\ of NE\1/4\. (7) Pala band of mission indians.--Lands with respect to the Pala Band of Mission Indians; 59.20 acres located as follows: Township 9 South, Range 2 West, San Bernardino Base and Meridian Section 13, Lot 1, and Section 14, Lots 1, 2, 3. SEC. 3. EXISTING RIGHTS PRESERVED; MISCELLANEOUS PROVISIONS. (a) Existing Rights Preserved.--The declaration contained in section 2 shall be subject to valid existing rights in effect on the day before the enactment of this Act. (b) Notice of Cancellation of Grazing Privileges.--Grazing privileges on the lands described in section 2 shall terminate two years after the date of enactment of this Act. (c) Proceeds From Rents and Royalties Transferred to Indians.-- Amounts which accrue to the United States after the date of the enactment of this Act from sales, bonuses, royalties, and rentals relating to any land described in section 2 shall be available for use or obligation, in such manner and for such purposes as the Assistant Secretary, Indian Affairs, may approve, by the tribe, band, or group of Indians for whose benefit such land is held after the date of enactment of this Act. (d) Laws Governing Lands To Be Held In Trust.--Any lands which are to be held in trust for the benefit of any tribe, band, or group of Indians pursuant to this Act shall be added to the existing reservation of the tribe, band, or group, and the official boundaries of the reservation shall be modified accordingly. These lands shall be subject to the laws of the United States relating to Indian land in the same manner and to the same extent as other lands held in trust for such tribe, band, or group on the day before the date of this Act. Passed the House of Representatives September 10, 1996. Attest: ROBIN H. CARLE, Clerk.

California Indian Land Transfer Act - Transfers all right, title, and interest of the U.S. in and to specified lands to certain California Indian tribes to be held in trust by the U.S. for the benefit of such Indian tribes. Terminates grazing privileges on the lands two years after the date of enactment of this Act.

California Indian Land Transfer Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Garment Consumer's Right-to-Know Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) The production of garments in sweatshops that violate labor rights and standards burdens interstate and international commerce and the free flow of goods in commerce by spreading and perpetuating labor conditions that undermine minimum living standards and by providing an unfair means of competition to the detriment of employers who comply with the law. (2) The existence of domestic and foreign working conditions detrimental to fair competition and the maintenance of minimum standards of living necessary for health, efficiency, and general well-being of domestic and foreign workers are a continuing and growing problem in the garment industry. (3) Many consumers of garments wish to know whether the garments they purchase in interstate and international commerce are made under working conditions that the consumer deems morally repugnant, indecent, violative of workers' human dignity and fundamental rights, or otherwise unacceptable. The absence of reliable and available information about such sweatshop conditions impairs consumers' capacity to freely and knowingly choose whether to purchase garments made in sweatshops and sold into interstate and international commerce. (4) The Congress concurs in the findings of the Comptroller General that most sweatshop employers violate the recordkeeping requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). (5) The failure of these employers to maintain adequate records, as well as the lack of access to such records by consumers, employees, consumer and employee representatives, and the public at large has adversely affected and continues to adversely affect the ability of employees and the Department of Labor to collect wages due to workers and to otherwise ensure compliance with the Act's wage and hour, child labor, and industrial homework provisions. (6) These failures of recordkeeping and lack of access to records--combined with the inadequacy in the scope of information that manufacturers have been required to record and disclose--also obstruct consumers from freely and knowingly choosing whether to buy garments that are made under sweatshop conditions. (7) It is necessary to amend the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) to ensure free consumer choice and to promote fair competition and working conditions that are not detrimental to the maintenance of health, efficiency, and general well-being of workers in the garment industry. SEC. 3. RECORDKEEPING AND DISCLOSURE IN THE GARMENT INDUSTRY. The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 11 the following new section: ``recordkeeping and disclosure in the garment industry ``Sec. 11A. (a) An apparel manufacturer shall maintain, for not less than 3 years, the following: ``(1) The same records and information with respect to the employees and homeworkers of each contractor engaged by the apparel manufacturer that the apparel manufacturer is required to make, keep, and preserve with respect to an employer's employees and homeworkers under section 11(c). ``(2) Records of the following, with respect to the apparel manufacturer and each contractor engaged by the apparel manufacturer: ``(A) The address of the headquarters, principal places of business, and place of incorporation (or other legal registration) of the apparel manufacturer and each contractor. ``(B) A full description of each production run of the apparel manufacturer and of each production order placed by the apparel manufacturer with the contractor, including descriptions of the items manufactured or otherwise transformed by the apparel manufacturer or contractor, and of the attendant processes of manufacturing and transformation, that are sufficiently detailed to enable consumers, employees, consumer and employee representatives, and the public to readily identify-- ``(i) the type, brand, style, or other identifying features of the particular final retail product to which a production run or production order applies; ``(ii) for each process of manufacturing or transformation, the quantity of items manufactured or transformed by that process, the date of work performed, and the location of the facility where work was or is performed by employees of the apparel manufacturer fulfilling a production run or of the contractor fulfilling the production order; ``(iii) the class or type of employees that performed each process of manufacturing or transformation; ``(iv) the age of each such employee; and ``(v) for each such employee, identified by a unique number divulged only to that employee, the regular time and overtime hours worked (as determined under section 13), the wages and benefits paid, and the method of calculating any piece rates or incentive rates paid. ``(C) The names and addresses of all persons who are financially invested or interested, whether as partners, associates, profit sharers, shareholders, or through other forms of financial investment, in the apparel manufacturer and each contractor engaged by the apparel manufacturer, together with the proportion or amount of their respective investments or interests, except that in the case of a publicly traded corporation a listing of principal officers shall suffice. ``(3) Identification of-- ``(A) all applicable labor laws; and ``(B) every charge, complaint, petition, or other legal, administrative, or claim submitted, filed, served, or in any other manner brought by any party, and every action taken by any public authority or private arbitrator during the previous 5 years, pertaining to compliance or non compliance by the apparel manufacturer and each contractor with the applicable labor laws. ``(b) Prior to, or concurrent with, an apparel manufacturer's placement of a production order with a contractor to manufacture apparel, the apparel manufacturer shall enter into a contract with the contractor that requires the contractor to provide to the apparel manufacturer, in a timely manner, the records and information required under subsection (a). ``(c) An apparel manufacturer shall diligently enforce any contract specified in section 11A(b), including initiating legal action against the contractor in an appropriate court. ``(d)(1) Beginning 1 year after the date of enactment of this section, an apparel manufacturer shall submit copies of the records and contracts required under subsection (a) and (b) to the Secretary, who shall make the information contained in those records and contracts fully and freely available to the public, through printed and electronic databases that are available via the Internet and readily searchable by content. ``(2) Not later than 1 year after enactment of this subsection, the Secretary shall promulgate regulations indicating the specific categories of data an apparel manufacturer and each of its contractors shall submit. The Secretary shall ensure that those categories are sufficient to ensure that the database required under paragraph (1) is readily searchable by name of apparel manufacturer and contractor, address of apparel manufacturer and contractor, date of each production run of the apparel manufacturer, date of each production order or purchase order between named apparel manufacturers and contractors, job categories of each apparel manufacturer and contractor for each production run, purchase order and production order, categories of violations and other information for each apparel manufacturer and contractor specified in subsection (a)(3)(B). The Secretary shall provide for the submission of such data through a standardized electronic means that is freely available to all apparel manufacturers and contractors. ``(e)(1)(A) Any employee of an apparel manufacturer, or of a contractor engaged by such manufacturer, any organization representing the interests of consumers in the United States, and any labor organization representing employees in the garment industry in the United States or in the country in which the respective contractor does business may bring an action against such manufacturer or contractor for violation of such manufacturer's obligations under this section in an appropriate United States district court. ``(B) An apparel manufacturer or contractor found liable in an action under this paragraph shall be subject to an award of compensatory, consequential, and punitive damages, as well as equitable relief. Any such damages shall be awarded to, and apportioned among, the employees of the contractor as to which the apparel manufacturer has failed to maintain information required under subsection (a) or has failed to enter into or enforce contracts as required under subsection (b). ``(C) Plaintiffs in such actions shall be entitled to a trial by jury and to attorney fees and costs in the same manner as provided in section 16(b). ``(2) The compliance of an apparel manufacturer with this section, with respect to the information and records employees and homeworkers of each contractor engaged by the apparel manufacturer and the contract and enforcement requirements of subsections (b) and (c), may be enforced in the same manner as records and information the apparel manufacturer is required to make, keep, and preserve with respect to an employer's employees and homeworkers under section 11(a). ``(f) For purposes of this section: ``(1)(A) The term `apparel' means a garment (or a section or component of such garment) designed or intended to be worn by men, women, children, or infants and to be sold or offered for sale. ``(B) Such term includes clothing, knit goods, hats, gloves, handbags, hosiery, ties, scarves, and belts. ``(C) Such term does not include premanufactured items, such as buttons, zippers, snaps, or studs. ``(2) The term `manufacture', with respect to apparel, means to design, cut, sew, dye, wash, finish, assemble, press, or otherwise produce. ``(3)(A) The term `apparel manufacturer' means any person, in or affecting interstate or foreign commerce, that-- ``(i) manufactures apparel or engages in the business of selling apparel; or ``(ii) engages a contractor to manufacture apparel. ``(B) Such term does not include a contractor. ``(4) The term `contractor' means-- ``(A) any person who contracts, directly or indirectly, with an apparel manufacturer to manufacture apparel (including any subcontractor of such person) for such manufacturer; and ``(B) any agent, distributor, or person described in subparagraph (A) through which homework is distributed or collected by such an agent, distributor, or contractor engaged by an apparel manufacturer. ``(5) The term `applicable labor laws' means the Federal, State, or international laws or regulations to which an apparel manufacturer or contractor is subject in the area of labor and employment, including wages and hours, child labor, safety and health, discrimination, freedom of association and collective bargaining, work-related benefits and leaves, and any other workplace condition or aspect of the employment relationship. ``(6) The term `appropriate court' means, with respect to an apparel manufacturer or contractor-- ``(A) an appropriate United States district court; ``(B) a court of any State having jurisdiction over the apparel manufacturer or contractor; or ``(C) a foreign court or tribunal having jurisdiction over the apparel manufacturer or contractor.''. SEC. 4. CIVIL PENALTIES FOR VIOLATIONS OF RECORDKEEPING. Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)) is amended by adding at the end the following: ``(f) Any person who fails to maintain or submit information, records, or contracts as required under section 11(c) and section 11A shall be subject to a civil penalty of $5,000 for each employee to whom such records pertain, except that a person who willfully commits such a failure shall be liable for such civil penalty for each pay period in which the failure occurs. In addition to any other penalties provided by law, any person who submits fraudulent information, records, or contracts under section 11A shall be subject to a civil penalty of $10,000 for the first such fraudulent act and $15,000 for each such subsequent fraudulent act.''.

Garment Consumer's Right-to-Know Act of 2005 - Amends the Fair Labor Standards Act of 1938 to require apparel manufacturers to: (1) maintain, for at least three years, certain records and information with respect to the employees and homeworkers of each contractor they engage; (2) enter contracts that require such contractors to provide them with such information about working conditions; and (3) submit copies of such records and contracts to the Secretary of Labor, who shall make such information fully and freely available to the public, through printed and electronic databases searchable on the Internet. Sets forth civil penalties for violations of such requirements.

To amend the Fair Labor Standards Act of 1938 to provide access to information about sweatshop conditions in the garment industry, and for other purposes.

SECTION 1. FINDINGS. Congress makes the following findings: (1) Dr. Dorothy Irene Height was born on March 24, 1912, to James Edward Height and Fannie (Borroughs) Height in Richmond, Virginia, and was raised in Rankin, Pennsylvania. (2) Dr. Height is recognized as one of the preeminent social and civil rights activists of her time, particularly in the struggle for equality, social justice, and human rights for all peoples. (3) Beginning as a civil rights advocate in the 1930s, she soon gained prominence through her tireless efforts to promote interracial schooling, to register and educate voters, and to increase the visibility and status of women in our society. (4) Dr. Height has labored to provide hope for inner-city children and their families, and she can claim responsibility for many of the advances made by women and African Americans over the course of the last century. (5) Her public career spans over 65 years. (6) Dr. Height was a valued consultant on human and civil rights issues to First Lady Eleanor Roosevelt and she encouraged President Eisenhower to desegregate the Nation's schools and President Johnson to appoint African-American women to subCabinet posts. (7) Dr. Height has been President of the National Council of Negro Women (NCNW) since 1957, a position to which she was appointed upon the retirement of Dr. Mary McLeod Bethune, one of the most influential African-American women in United States history. (8) The National Council of Negro Women is currently the umbrella organization for 250 local groups and 38 national groups engaged in economic development and women's issues. (9) Under Dr. Height's leadership, the National Council of Negro Women implemented a number of new and innovative programs and initiatives, including-- (A) Operation Woman Power, a project to expand business ownership by women and to provide funds for vocational training; (B) leadership training for African-American women in the rural South; (C) the Black Family Reunion, a nationwide annual gathering to encourage, renew, and celebrate the concept of not only the Black family, but of all families; (D) the Women's Center for Education and Career Advancement, established to empower minority women in nontraditional careers; and (E) the Bethune Museum and Archives, a museum devoted to the history of African-American women. (10) Dr. Height has been at the forefront of AIDS education, both nationally and internationally. Under her direction, the National Council of Negro Women established offices in West Africa and South Africa and worked to improve the conditions of women in the developing world. (11) Dr. Height has been central in the success of 2 other influential women's organizations, specifically-- (A) as president and executive board member of Delta Sigma Theta, Dr. Height left the sorority more efficient and globally focused with a centralized headquarters; and (B) her work with Young Women's Christian Association (YWCA) led to its integration and more active participation in the civil rights movement. (12) As a member of the ``Big Six'' civil rights leaders, which included Whitney Young, A. Phillip Randolph, Martin Luther King, Jr., James Farmer, and Roy Wilkins, Dr. Height was the only female at the table when the Reverend Dr. Martin Luther King, Jr. and others made plans for the civil rights movement. (13) Dr. Height is the recipient of many awards and accolades for her efforts on behalf of women's rights, including-- (A) the Spingarn Award, the highest honor bestowed by the National Association for the Advancement of Colored People (NAACP) for civil rights contributions; (B) the Presidential Medal of Freedom, awarded by President Clinton; (C) the John F. Kennedy Memorial Award, from the National Council of Jewish Women; (D) the Ministerial Interfaith Association Award, for her contributions to interfaith, interracial, and ecumenical movements for over 30 years; (E) the Lovejoy Award, the highest recognition by the Grand Lodge of the Benevolent and Protective Order of Elks of the World, for outstanding contributions to human relations; (F) the Ladies Home Journal Woman of the Year Award, in recognition for her work for human rights; (G) the William L. Dawson Award, presented by the Congressional Black Caucus for decades of public service to people of color and particularly women; (H) the Citizens Medal Award for distinguished service, presented by President Reagan; and (I) the Franklin Delano Roosevelt Freedom Medal, awarded by the Franklin and Eleanor Roosevelt Institute. (14) Dr. Dorothy Height has established a lasting legacy of public service that has been an invaluable contribution to the progress of the Nation. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of Congress, to Dr. Dorothy Irene Height, a gold medal of appropriate design in recognition of her many contributions to the Nation. (b) Design and Striking.--For purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2 at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, overhead expenses. SEC. 4. STATUS AS NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Authorizes the President to award to Dr. Dorothy Height, on behalf of Congress, a congressional gold medal in recognition of her many contributions to the Nation.

A bill to award a congressional gold medal to Dr. Dorothy Height, in recognition of her many contributions to the Nation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anaktuvuk Pass Land Exchange and Wilderness Redesignation Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) the Alaska National Interest Lands Conservation Act (16 U.S.C. 460hh et seq.), enacted on December 2, 1980, established the Gates of the Arctic National Park and Preserve and the Gates of the Arctic Wilderness. (2) The village of Anaktuvuk Pass, located in the highlands of the central Brooks Range, is virtually surrounded by such national park and wilderness area. (3) Unlike most other Alaska Native communities, the village of Anaktuvuk Pass is not located on a major river, lake, or coastline that can be used as a means of access. (4) The residents of Anaktuvuk Pass have relied increasingly on snow machines in winter and all-terrain vehicles in summer as their primary means of access to pursue caribou and other subsistence resources. (5) In a land exchange agreement in 1983, linear easements were reserved by the Inupiat Eskimo people for use of all- terrain vehicles across certain national park lands, mostly along stream and river banks. (6) Such linear easements proved unsatisfactory, because such easements provided inadequate access to subsistence resources and caused excessive environmental impact from concentrated use. (7) Officials of the National -P-a-r-k -S-e-r-v-i-c-e -a-n-d -t-h-e Park Service and Nunamiut Corporation initiated discussions in 1985 to address concerns over the use of all- terrain vehicles on park and wilderness land. (8) Such discussions resulted in an agreement, originally executed in 1992, and subsequently amended in 1993 and 1994, between the National -P-a-r-k -S-e-r-v-i-c-e -a-n-d -t-h-e Park Service and Nunamiut Corporation and the city of Anaktuvuk Pass, -A-l-a-s-k-a-, -a-n-d -t-h-e Alaska, and Arctic Slope Regional Corporation. (9) The full effectuation of the agreement, by its terms, described in paragraph (7) requires the approval and ratification by Congress. SEC. 3. DEFINITIONS. As used in this Act: (1) Agreement.--The term ``Agreement'' means the document entitled ``Donation, Exchange of Lands and Interests and Wilderness Redesignation Agreement Among Arctic Slope Regional Corporation, Nunamuit Corporation, City of Anaktuvuk Pass and the United States of America'', executed on December 17, 1992, and subsequently amended by the parties in 1993 and 1994. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. RATIFICATION OF AGREEMENT. (a) Ratification.-- (1) In general.--The Agreement is hereby ratified and confirmed. The terms, conditions, procedures, covenants, reservations, and other provisions set forth by the parties specified in section 2(7) of the Agreement, and subsequently amended are hereby are ratified and confirmed. The obligations and commitments of the United States, Arctic Slope Regional Corporation, Nunamiut Corporation and the city of Anaktuvuk Pass, under such Agreement are hereby considered to be a matter of Federal law. (2) Land acquisition.--Subject to any applicable law, the lands acquired by the United States pursuant to the Agreement shall be administered by the Secretary as part of the Gates of the Arctic National Park and Preserve. (b) Maps.-- (1) In general.--The lands subject to the conveyances, retention of surface access rights, access easements, and all- terrain vehicle easements shall be determined in accordance with the maps described as exhibits C1, C2, and D through I of the Agreement and the Map No. 185/80,039, entitled ``Land Exchange -A-c-t-i-o-n-s-, -P-r-o-p-o-s-e-d Actions, Anaktuvuk Pass Land Exchange and Wilderness Redesignation, Gates of the Arctic National Park and Preserve'', dated April 1994. (2) Location of maps.--The maps shall be on file at the Alaska Regional Office of the National Park Service and the offices of Gates of the Arctic National Park and Preserve in Fairbanks, Alaska. (3) Public inspection.--The Secretary shall ensure that written legal descriptions of the lands described in paragraph (1) shall be available for public inspection in the offices specified in paragraph (2). (4) Discrepancies.--In case of any discrepancy between the maps described in paragraph (1) and the Map No. 185/80,039, the Map No. 185/80,039 shall control. SEC. 5. NATIONAL PARK SYSTEM WILDERNESS. (a) Redesignation.-- (1) In general.--Section 701(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 1132 note) is amended by striking out ``approximately seven million and fifty-two thousand acres'' and inserting in lieu thereof ``approximately -7-,-3-4-0-,-8-3-2 -a-c-r-e-s seven million thirty-four thousand eight hundred and thirty-two acres''. (2) Acreage.--The amendment made by paragraph (1) shall result in the addition to the Gates of the Arctic Wilderness of approximately 56,825 acres, and the rescission of approximately 73,993 acres as wilderness, from the total acreage of the Gates of Arctic Wilderness (as determined on the day before the date of enactment of this Act). (b) Maps.--The lands redesignated in subsection (a) are depicted on a map prepared by the National Park Service entitled ``Wilderness -A-c-t-i-o-n-s-, -P-r-o-p-o-s-e-d Actions, Anaktuvuk Pass Land Exchange and Wilderness Redesignation, Gates of the Arctic National Park and Preserve'', Map No. 185/80,040, dated April 1994, and on file at the Alaska Regional Office of the National Park Service and the office of Gates of the Arctic National Park and Preserve in Fairbanks, Alaska. (c) Redesignation.-- (1) In general.-- (A) Section 201(8)(a) of the Alaska National Interest Lands Conservation Act is amended by striking out ``approximately six million four hundred and sixty thousand acres'' and inserting in lieu thereof ``approximately six million four hundred and seventy- seven thousand one hundred and sixty-eight acres''. (B) Section 701(7) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 1132) is amended by striking out ``approximately five million eight hundred thousand acres'' and inserting in lieu thereof ``approximately five million eight hundred seventeen thousand one hundred and sixty eight acres''. (2) Acreage.--The amendment made by paragraph (1) shall result in the addition to the Noatak National Preserve and the Noatak Wilderness of approximately 17,168 acres to the total acreage of the Noatak National Preserve and the Noatak Wilderness (as determined on the day before the date of enactment of this Act). (d) Maps.--The lands redesignated in subsection (c) are depicted on a map entitled ``Proposed Noatak National Preserve Wilderness expansion'' dated September 19, 1994. SEC. 6. CONFORMANCE WITH OTHER LAW. (a) Alaska Native Claims Settlement Act.--All of the lands, or interests therein, conveyed to and received by Arctic Slope Regional Corporation or Nunamiut Corporation pursuant to the Agreement shall be deemed to have been conveyed and received pursuant to the requirements relating to land exchanges under section 22(f) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(f)). (b) Valid Existing Rights.--All of the lands or interests in lands conveyed pursuant to the Agreement shall be conveyed subject to valid existing rights. (c) Alaska National Interest Lands Conservation Act.--Nothing in this Act or in the Agreement may be construed to enlarge or diminish the rights, privileges, or obligations of any person, except to the extent specifically set forth in this Act or the Agreement (including the specific preference for subsistence uses and access to subsistence resources provided under the Alaska National Interest Lands Conservation Act (94 Stat. 2417 et seq.)).

Anaktuvuk Pass Land Exchange and Wilderness Redesignation Act of 1994 - Ratifies and confirms the agreement among the United States, the Arctic Slope Regional Corporation, the Nunamiut Corporation, and the city of Anaktuvuk Pass executed on December 17, 1992. Requires the lands acquired by the United States pursuant to such Agreement to be administered by the Secretary of the Interior as part of the Gates of the Arctic National Park and Preserve. Amends the Alaska National Interest Lands Conservation Act to provide for: (1) the addition and the rescission of lands within the Gates of the Arctic Wilderness; and (2) the addition of lands to the Noatak National Preserve and the Noatak Wilderness.

Anaktuvuk Pass Land Exchange and Wilderness Redesignation Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Oceanic and Atmospheric Administration Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the National Oceanic and Atmospheric Administration. (2) Function.--The term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (3) Office.--The term ``office'' includes any office, institute, council, unit, organizational entity, or component thereof. (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (5) Under secretary.--The term ``Under Secretary'' means the Under Secretary of Commerce for Oceans and Atmosphere appointed under section 102. SEC. 3. ORGANIZATION OF ADMINISTRATION. (a) In General.--There shall be in the Department of Commerce an agency known as the National Oceanic and Atmospheric Administration. (b) Primary Missions.--The primary missions of the Administration are the following: (1) The provision and certification of hydrographic and geodetic products and data. (2) The conservation and management of the Nation's coastal and marine resources. (3) The exploration of the oceans. (4) To further human understanding of-- (A) the oceans; (B) the earth's atmosphere; and (C) the functional relationship of the oceans and the atmosphere. (c) Components.--The Secretary shall maintain within the Administration the following components: (1) The National Coastal and Ocean Service. (2) The National Oceanic and Atmospheric Research Service. (3) The National Marine Fisheries Service. (4) The National Weather Service. (5) The National Environmental Satellite and Data Information Service. (6) The Office of Marine and Aviation Operations. (7) Such other components as the Secretary considers necessary. (d) Functions.--The Administration shall perform such functions as were vested in the Administration or any officer, employee, or office of the Administration immediately before the enactment of this Act, except as may be provided otherwise by law or by a redelegation of authority after that date by the President, the Secretary of Commerce, or any other officer of the United States who delegated such function to the Administration before that date or who is otherwise authorized to make such a redelegation. SEC. 4. UNDER SECRETARY FOR OCEANS AND ATMOSPHERE. (a) In General.--There shall be at the head of the Administration the Under Secretary of Commerce for Oceans and Atmosphere. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall be paid at the rate of basic pay for level III of the Executive Schedule. (b) Functions.--Subject to the authority, direction, and control of the Secretary, the Under Secretary shall perform such functions and exercise such powers with respect to the Administration as the Secretary may prescribe, including the following: (1) Serve as the Administrator of the National Oceanic and Atmospheric Administration. (2) General management. (3) Policy development and guidance. (4) Budget formulation, guidance, and execution, and other financial matters. (5) Resource requirements determination and allocation. (6) Program management and direction. (7) Environment, safety, and health operations. (8) Administration of contracts. (9) Personnel, including the selection, appointment, distribution, supervision, establishing of compensation, and separation of personnel. (10) Procurement of services of experts and consultants in accordance with section 3109 of title 5, United States Code. (11) External affairs, including legal, legislative, and public affairs, and serving as liaison with other elements of the Department of Commerce and with other Federal agencies, State, tribal, and local governments, and the public. SEC. 5. ASSISTANT SECRETARY FOR OCEANS AND ATMOSPHERE. (a) In General.--There shall be in the Administration an Assistant Secretary of Commerce for Oceans and Atmosphere. The Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretarty shall be paid at the rate of basic pay for level IV of the Executive Schedule. (b) Functions.--The Assistant Secretary-- (1) shall perform such functions and exercise such powers as the Secretary or Under Secretary may prescribe; and (2) shall act as Under Secretary during the absence or disability of the Under Secretary or in the event of a vacancy in the office of Under Secretary. SEC. 6. DEPUTY UNDER SECRETARY. (a) In General.--There shall be in the Administration a Deputy Under Secretary for Oceans and Atmosphere. The Deputy Under Secretary shall be appointed by the Secretary. The Deputy Under Secretary shall be paid at the rate of basic pay for level IV of the Executive Schedule. (b) Functions.--Subject to the authority, direction, and control of the Secretary and the Under Secretary, the Deputy Under Secretary-- (1) shall serve as an advisor to the Under Secretary and to the Assistant Secretary on all program and policy issues; (2) shall be responsible for ensuring the timely and effective implementation of the Administration policies and objectives; and (3) in the absence or disability of the Under Secretary or Assistant Secretary, or in the event of a vacancy in either such position, the Deputy Under Secretary shall act in that position. SEC. 7. GENERAL COUNSEL. (a) In General.--There shall be in the Administration a General Counsel. The General Counsel shall be appointed by the Secretary, subject to approval of the President. The General Counsel shall be paid at the rate of basic pay for level V of the Executive Schedule. (b) Functions.--Subject to the authority, direction, and control of the Secretary and the Under Secretary, the General Counsel-- (1) shall serve as the chief legal officer of the Administration for all legal matters that arise in connection with the conduct of the functions of the Administration; and (2) shall perform such other functions and exercise such powers as the Secretary or Under Secretary may prescribe. SEC. 8. ASSISTANT ADMINISTRATORS. (a) In General.--There shall be in the Administration the following: (1) An Assistant Administrator for Coastal and Ocean Services. (2) An Assistant Administrator for Oceanic and Atmospheric Research and Chief Scientist. (3) An Assistant Administrator for Fisheries. (4) An Assistant Administrator for Weather. (5) An Assistant Administrator for Environmental Satellite Data and Information. (6) A Director of Marine and Aviation Operations and the Commissioned Officer Corps. (b) Appointment.--Each Assistant Administrator and the Director referred to in subsection (a) shall be appointed by the Secretary. (c) Qualifications.--Each Assistant Administrator and the Director referred to in subsection (a) shall be an individual who is qualified by reason of background and experience to direct the implementation and administration of the functions for which they are responsible. (d) Functions.--Each Assistant Administrator and the Director referred to in subsection (a), under the authority, direction, and control of the Under Secretary, shall perform such functions and exercise such powers as the Under Secretary may prescribe. SEC. 9. PROGRAM SUPPORT. For each fiscal year 2003 through 2007, there is authorized to be appropriated to the Secretary the following: (1) For corporate services provided by the Under Secretary's office, $80,000,000. (2) For facilities maintenance, repairs, and safety, $13,000,000. (3) For environmental compliance, in addition to amounts authorized under section 3 of Public Law 104-91, $2,000,000. (4) For energy management, $550,000. (5) For marine services, $75,000,000. (6) For fleet planning and maintenance, $13,027,000. SEC. 10. CONTINUATION OF SERVICE. Any individual serving on the date of the enactment of this Act in a position provided for in this Act may continue to serve in that position until a successor is appointed under this Act. SEC. 11. CONFORMING AMENDMENTS AND REPEALS. (a) Pay Rate of Deputy Under Secretary.--Section 5315 of title 5, United States Code, is amended by adding at the end the following: ``Deputy Under Secretary of Commerce for Oceans and Atmosphere.''. (b) Reorganization Plan Number 4 of 1970.-- (1) Repeal.--Reorganization Plan Number 4 of 1970 (5 App. U.S.C.) is repealed. (2) Relationship to administration functions.--Paragraph (1) shall not affect the functions of the Administration under section 3(d).

National Oceanic and Atmospheric Administration Act - (Sec. 1) Re-establishes the National Oceanic and Atmospheric Administration (NOAA) in the Department of Commerce, headed by the Under Secretary of Commerce for Oceans and Atmosphere who will serve as the Administrator of NOAA.Places within NOAA: (1) the National Coastal and Ocean Service; (2) the National Oceanic and Atmospheric Research Service; (3) the National Marine Fisheries Service; (4) the National Weather Service; (5) the National Environmental Satellite and Data Information Service; (6) the Office of Marine and Aviation Operations; and (7) such other components as the Secretary considers necessary.Establishes within NOAA the positions of: (1) Under Secretary of Commerce for Oceans and Atmosphere; (2) Assistant Secretary of Commerce for Oceans and Atmosphere; (3) Deputy Under Secretary for Oceans and Atmosphere; (4) General Counsel; and (5) Assistant Administrators for the Services and a Director of Marine and Aviation Operations and the Commissioned Officer Corps.(Sec. 2) Re-establishes the Coastal Ocean Program and eliminates the development of ocean technology as one of its goals.Establishes within NOAA a Great Lakes Environmental Research Laboratory, a Pacific Marine Environmental Laboratory, and an Atlantic Oceanographic and Meteorological Laboratory.Establishes in law (what already exists in fact) within NOAA: (1) a National Undersea Research Program; (2) an Ocean Exploration Program; and (3) a Science Advisory Board.Authorizes the Secretary of Commerce (Secretary) to designate units of and to coordinate the Coastal Ocean Observing System to collect data necessary to carry out the primary missions of NOAA .Requires the Secretary, before designating a regional coastal ocean observing system as a unit of the national system, to establish standards and protocols for the distribution of data by regional systems. Requires the Secretary to use such data to develop forecast models to support coastal and fishery management, marine navigation, weather and climate predictions and other appropriate activities.Authorizes appropriations to the Secretary for FY 2003 through 2007 for: (1) ARGO floats; (2) ocean and coastal research activities; (3) activities related to the Great Lakes Environmental Research Laboratory and associated cooperative institutes; (4) Coastal Ocean Program activities; (5) National Undersea Research Program activities; (6) Ocean Exploration Program activities; (7) Tsunami hazard migration activities; (8) Arctic research partnership programs; (9) coastal environmental health and biomolecular research activities; (10) coastal ocean observing activities; and (11) the operation of the Science Advisory Board.Directs the National Ocean Research Leadership Council to report to specified congressional committees a plan for implementing the October 10, 2000, report of the President's Panel on Ocean Exploration, including a recommendation for a dedicated multiyear, multidisciplinary voyage of discovery.Reauthorizes appropriations to the Secretary to enable NOAA to: (1) provide corporate services (but excluding the current provision of retired pay of NOAA commissioned officers); (2) carry out marine services activities (including ship planning); and (3) carry out activities related to maintenance, repair, safety, environmental compliance, and project planning and execution or facilities for FY 2003 through 2007.(Sec. 3) Increases from $250,000 or 5 percent of the total funding to $500,000 or 10 percent of the total funding the threshold amount requiring the Secretary to notify specified committees before reprogramming NOAA funds..

To improve the conservation and management of coastal and ocean resources by reenacting and clarifying provisions of a reorganization plan authorizing the National Oceanic and Atmospheric Administration.

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Gallatin Land Consolidation Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) the land north of Yellowstone National Park possesses outstanding natural characteristics and wildlife habitats that would make the land a highly valuable addition to the National Forest System; (2) it is in the interest of the United States for the Secretary of Agriculture to enter into an Option Agreement for the acquisition of land owned by Big Sky Lumber Co.; and (3) it is in the interest of the United States to-- (A) establish a logical and effective ownership pattern for the Gallatin National Forest, substantially reducing long-term costs for taxpayers; and (B) consolidate the Gallatin National Forest in a manner that will enable the public to have access to and enjoy the many recreational uses of the land. SEC. 3. DEFINITIONS. In this Act: (1) BSL.--The term ``BSL'' means Big Sky Lumber Co., an Oregon joint venture, and its successors and assigns, and any other entities having a property interest in the BSL land. (2) BSL land.--The term ``BSL land'' means the up to approximately 55,000 acres of land owned by BSL that is to be acquired by the Secretary of Agriculture, as depicted in Exhibit A to the Option Agreement. (3) Exchange agreement.--The term ``Exchange Agreement'' means the agreement entered into between BSL and the Secretary of Agriculture under section 4(e). (4) Option agreement.--The term ``Option Agreement'' means the agreement dated ________ and entitled ``Option Agreement for the Acquisition of Big Sky Lumber Co. Lands Pursuant to the Gallatin Range Consolidation and Protection Act of 1993'' and the exhibits and maps attached to the agreement. SEC. 4. GALLATIN LAND CONSOLIDATION COMPLETION. (a) In General.--If BSL offers fee title to the BSL land, including mineral interests, that is acceptable to the United States-- (1) the Secretary of Agriculture shall accept a warranty deed to the BSL land; (2) the Secretary of Agriculture shall convey to BSL, subject to valid existing rights and to such other terms, conditions, reservations, and exceptions as may be agreed on by the Secretary of Agriculture and BSL, fee title to up to approximately 25,000 acres of National Forest System land and appurtenances thereto as depicted in Exhibit B to the Option Agreement; (3) the Secretary of Agriculture shall grant to BSL timber harvest rights to up to approximately 50,000,000 board feet of timber in accordance with subsection (c) and as described in Exhibit C to the Option Agreement; (4) subject to availability of funds, the Secretary of Agriculture shall purchase land belonging to BSL in the Taylor Fork area, as depicted in Exhibit D, at a purchase price of not more than $6,500,000; and (5) the Secretary of the Interior shall convey to BSL, by patent or otherwise, subject to valid existing rights and to such other terms, conditions, reservations, and exceptions as may be agreed to by the Secretary of the Interior and BSL, fee title to approximately 1,860 acres of Bureau of Land Management land, as depicted in Exhibit B to the Option Agreement. (b) Valuation.--The property and other assets exchanged by BSL and the United States under subsection (a) shall be approximately equal in value, as determined by the Secretary of Agriculture. (c) Timber Harvest Rights.-- (1) In general.--The Secretary of Agriculture shall prepare, grant to BSL, and administer the timber harvest rights identified in Exhibit C to the Option Agreement, over a period of 5 consecutive years after the date of enactment of this Act. (2) Entire timber sale program of the gallatin national forest.--Timber harvest volume shall constitute the timber sale program for the Gallatin National Forest for that 5-year period. (3) Substitution.--If exceptional circumstances, such as natural catastrophe, changes in law or policy, or extraordinary environmental or financial circumstances prevent the Secretary of Agriculture from conveying the timber harvest rights identified in Exhibit C to the Option Agreement, the Secretary of Agriculture shall replace the value of the diminished harvest rights by-- (A) substituting equivalent timber harvest rights volume from the same market area; (B) conveying national forest lands containing merchantable timber within the Gallatin National Forest; or (C) making a payment from funds made available to the Secretary of Agriculture out of the Land and Water Conservation Fund. (4) Procedures.-- (A) In general.--The following procedures shall apply to all national forest timber harvest rights identified for exchange under subsection (a): (i) Identification of timber.--The Secretary of Agriculture shall designate Federal timber, as depicted in Exhibit C to the Option Agreement, for exchange to BSL. (ii) Harvest schedule.--The Secretary of Agriculture and BSL shall mutually develop and agree upon schedules for all national forest timber to be conveyed to BSL in the exchange. (iii) Open market.--All timber harvest rights granted to BSL in the exchange shall be offered for sale by BSL through the competitive bid process. (iv) Small business.--All timber harvest rights granted to BSL in the exchange shall be subject to compliance by BSL with Forest Service small business program procedures in effect as of the date of enactment of this Act, including contractual provisions for payment schedules, harvest schedules, and bonds. (v) Compliance with option and exchange agreements.--All timber harvest rights granted to BSL in the exchange and all timber harvested under the exchange shall comply with the terms of the Option Agreement and the Exchange Agreement. (B) Binding effect.--The procedures under subparagraph (A) shall be binding on BSL and its assigns, contractors, and successors in interest. (d) Exchange Agreement.-- (1) In general.--The Secretary of Agriculture shall offer to enter into an Exchange Agreement with BSL that-- (A) describes the non-Federal and Federal land and interests in lands to be exchanged; (B) identifies the terms, conditions, reservations, exceptions, and rights-of-way conveyances; and (C) describes the terms for the harvest rights of timber granted under subsection (a)(3). (2) Consistency.--The Exchange Agreement shall be consistent with this Act and the Option Agreement. (3) Submission to congress.-- (A) In general.--On completion of the Exchange Agreement, the Secretary of Agriculture shall submit the Exchange Agreement to the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and each member of the Montana congressional delegation; and (B) Delayed effectiveness.--The Exchange Agreement shall not take effect until 30 days after the date on which the Exchange Agreement is submitted in accordance with subparagraph (A). (e) Rights-of-Way.--As part of the exchange under subsection (a)-- (1) the Secretary of Agriculture, under the authority of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), shall convey to BSL such easements in or other rights-of-way over National Forest System land as may be agreed to by the Secretary of Agriculture and BSL in the Exchange Agreement; and (2) BSL shall convey to the United States such easements in or rights-of-way over land owned by BSL as may be agreed to by the Secretary of Agriculture and BSL in the Exchange Agreement. (f) Quality of Title.-- (1) Determination.--The Secretary of Agriculture shall review the title for the BSL land described in subsection (a) and, within 60 days after receipt of all applicable title documents from BSL, determine whether-- (A) the applicable title standards for Federal land acquisition have been satisfied or the quality of the title is otherwise acceptable to the Secretary of Agriculture; (B) all draft conveyances and closing documents have been received and approved; (C) a current title commitment verifying compliance with applicable title standards has been issued to the Secretary of Agriculture; and (D) except as provided in section 8(b) (i)-(iii) of the Gallatin Range Consolidation and Protection Act of 1993 (107 Stat. 992), the title includes both the surface and subsurface estates without reservation or exception (except by the United States or the State of Montana, by patent) including-- (i) minerals, mineral rights, and mineral interests; (ii) timber, timber rights, and timber interests; (iii) water, water rights, and ditch conveyances; and (iv) any other interest in the property. (2) Conveyance of title.--If the quality of title does not meet Federal standards or is otherwise determined to be unacceptable to the Secretary of Agriculture, the Secretary of Agriculture shall advise BSL regarding corrective actions necessary to make an affirmative determination under subparagraph (1). (g) Timing of Implementation.-- (1) Exchange agreement.--The Exchange Agreement shall be completed and executed not later than 60 days after the date of enactment of this Act. (2) Land-for-land exchange.--The Secretary of Agriculture shall accept the conveyance of land described in subsection (a) not later than 60 days after the Secretary of Agriculture has entered into the Exchange Agreement and made an affirmative determination of quality of title. (3) Land-for-timber exchange.--The Secretary of Agriculture shall make the timber harvest rights described in subsection (a)(3) available over 5 consecutive years following the date of enactment of this Act. Specific procedures for execution of the harvest rights shall be specified in the Exchange Agreement. (4) Purchase.--The Secretary of Agriculture shall complete the purchase of BSL land under subsection (a)(4) not later than 60 days after the date on which appropriated funds are made available and an affirmative determination of quality of title is made with respect to the BSL land. SEC. 5. GENERAL PROVISIONS. (a) Minor Corrections.-- (1) In general.--The Option Agreement and the Exchange Agreement shall be subject to such minor corrections as may be agreed to by the Secretary of Agriculture and BSL. (2) Notification.--The Secretary of Agriculture shall notify the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and each member of the Montana congressional delegation of any changes made pursuant to this subsection. (b) Public Availability.--The Option Agreement and Exchange Agreement shall be filed with the county clerks for Gallatin County, Park County, Madison County, and Granite County, Montana, and shall be on file and available for public inspection in the appropriate offices of the Forest Service. (c) Status of Land.--All land conveyed to the United States under this Act shall be added to and administered as part of the Gallatin National Forest and Deerlodge National Forest, as appropriate, in accordance with the Act of March 1, 1911 (commonly known as the ``Weeks Act'') (36 Stat. 961, chapter 186), and other laws (including regulations) pertaining to the National Forest System. (d) Implementation.--The Secretary of Agriculture shall ensure that sufficient funds are made available to the Gallatin National Forest to carry out this Act.

Gallatin Land Consolidation Act of 1998 - Authorizes a land exchange (for inclusion in the Gallatin National Forest) between the Secretaries of Agriculture and the Interior and the Big Sky Lumber Company (BSL). Provides that if BSL offers fee title to specified land that is acceptable to the United States, the Secretary of: (1) Agriculture shall accept a warranty deed to the land, convey to BSL (subject to specified limitations) fee title to up to 25,000 acres of National Forest System land, grant to BSL timber harvest rights to up to 50 million board feet of timber, and (subject to availability of funds) purchase land belonging to BSL in the Taylor Fork area at a purchase price of up to $6.5 million; and (2) the Interior shall convey fee title to approximately 1,860 acres of Bureau of Land Management land. Requires that the property and other assets exchanged by BSL and the United States be approximately equal in value, as determined by the Secretary of Agriculture. Directs the Secretary of Agriculture to prepare, grant to BSL, and administer specified timber harvest rights over a period of five consecutive years. Specifies that timber harvest volume shall constitute the timber sale program for the Gallatin National Forest for that five-year period. Directs such Secretary, if exceptional circumstances prevent the Secretary from conveying such rights, to replace the value of the diminished harvest rights by substituting equivalent timber harvest rights volume from the same market area, conveying national forest lands containing merchantable timber with such Forest, or making a payment from funds from the Land and Water Conservation Fund. Sets forth provisions regarding: (1) procedures applicable to all national forest timber harvest rights identified for exchange; (2) the exchange agreement; (3) rights-of-way; (4) quality of title; and (5) timing of implementation of the exchange agreement.

Gallatin Land Consolidation Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Psychiatric Hospital Prospective Payment System Act of 1999''. SEC. 2. MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC FACILITIES. (a) Establishment of Prospective Payment System.--Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following: ``(l) Prospective Payment System for Inpatient Psychiatric Services.-- ``(1) Amount of payment.-- ``(A) During transition period.--Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility (as defined in paragraph (7)(C)) for each day of services furnished in a cost reporting period beginning on or after October 1, 2000, and before October 1, 2003, is equal to the sum of-- ``(i) the TEFRA percentage (as defined in paragraph (7)(D)) of the facility-specific per diem rate (determined under paragraph (2)); and ``(ii) the PPS percentage (as defined in paragraph (7)(B)) of the applicable Federal per diem rate (determined under paragraph (3)). ``(B) Under fully implemented system.-- Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility for each day of services furnished in a cost reporting period beginning on or after October 1, 2003, is equal to the applicable Federal per diem rate determined under paragraph (3) for the facility for the fiscal year in which the day of services occurs. ``(C) New facilities.--In the case of a psychiatric facility that does not have a base fiscal year (as defined in paragraph (7)(A)), payment for the operating and capital-related costs of inpatient hospital services shall be made under this subsection using the applicable Federal per diem rate. ``(2) Determination of facility-specific per diem rates.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period after the cost reporting period beginning in the base fiscal year and before October 1, 2003, by a factor equal to the market basket percentage increase. ``(3) Determination of the federal per diem rate.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating to first fiscal year.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period up to the first cost reporting period to which this subsection applies by a factor equal to the market basket percentage increase. ``(C) Computation of standardized per diem rate.-- The Secretary shall standardize the amount determined under subparagraph (B) for each facility by-- ``(i) adjusting for variations among facilities by area in the average facility wage level per diem; and ``(ii) adjusting for variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)). ``(D) Computation of weighted average per diem rates.-- ``(i) Separate rates for urban and rural areas.--Based on the standardized amounts determined under subparagraph (C) for each facility, the Secretary shall compute a separate weighted average per diem rate-- ``(I) for all psychiatric facilities located in an urban area (as defined in subsection (d)(2)(D)); and ``(II) for all psychiatric facilities located in a rural area (as defined in subsection (d)(2)(D)). ``(ii) For hospitals and units.--Subject to paragraph (7)(C), in the areas referred to in clause (i) the Secretary may compute a separate weighted average per diem rate for-- ``(I) psychiatric hospitals; and ``(II) psychiatric units described in the matter following clause (v) of subsection (d)(1)(B). If the Secretary establishes separate average weighted per diem rates under this clause, the Secretary shall also establish separate average per diem rates for facilities in such categories that are owned and operated by an agency or instrumentality of Federal, State, or local government and for facilities other than such facilities. ``(iii) Weighted average.--In computing the weighted averages under clauses (i) and (ii), the standardized per diem amount for each facility shall be weighted for each facility by the number of days of inpatient hospital services furnished during its cost reporting period beginning in the base fiscal year. ``(E) Updating.--The weighted average per diem rates determined under subparagraph (D) shall be updated for each fiscal year after the first fiscal year to which this subsection applies by a factor equal to the market basket percentage increase. ``(F) Determination of federal per diem rate.-- ``(i) In general.--The Secretary shall compute for each psychiatric facility for each fiscal year (beginning with fiscal year 2001) a Federal per diem rate equal to the applicable weighted average per diem rate determined under subparagraph (E), adjusted for-- ``(I) variations among facilities by area in the average facility wage level per diem; ``(II) variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)); and ``(III) variations among facilities in the proportion of low-income patients served by the facility. ``(ii) Other adjustments.--In computing the Federal per diem rates under this subparagraph, the Secretary may adjust for outlier cases, the indirect costs of medical education, and such other factors as the Secretary determines to be appropriate. ``(iii) Budget neutrality.--The adjustments specified in clauses (i)(I), (i)(III), and (ii) shall be implemented in a manner that does not result in aggregate payments under this subsection that are greater or less than those aggregate payments that otherwise would have been made if such adjustments did not apply. ``(4) Establishment of patient classification system.-- ``(A) In general.--The Secretary shall establish-- ``(i) classes of patients of psychiatric facilities (in this paragraph referred to as `case mix groups'), based on such factors as the Secretary determines to be appropriate; and ``(ii) a method of classifying specific patients in psychiatric facilities within these groups. ``(B) Weighting factors.--For each case mix group, the Secretary shall assign an appropriate weighting factor that reflects the relative facility resources used with respect to patients classified within that group compared to patients classified within other such groups. ``(5) Data collection; utilization monitoring.-- ``(A) Data collection.--The Secretary may require psychiatric facilities to submit such data as is necessary to implement the system established under this subsection. ``(B) Utilization monitoring.--The Secretary shall monitor changes in the utilization of inpatient hospital services furnished by psychiatric facilities under the system established under this subsection and report to the appropriate committees of Congress on such changes, together with recommendations for legislation (if any) that is needed to address unwarranted changes in such utilization. ``(6) Special adjustments.--Notwithstanding the preceding provisions of this subsection, the Secretary shall reduce aggregate payment amounts that would otherwise be payable under this subsection for inpatient hospital services furnished by a psychiatric facility during cost reporting periods beginning in fiscal years 2001 and 2002 by such uniform percentage as is necessary to assure that payments under this subsection for such cost reporting periods are reduced by an amount that is equal to the sum of-- ``(A) the aggregate increase in payments under this title during fiscal years 1999 and 2000, that is attributable to the operation of subsection (b)(8); and ``(B) the aggregate increase in payments under this title during fiscal years 2001 and 2002 that is attributable to the application of the market basket percentage increase under paragraphs (2)(B) and (3)(E) of this subsection in lieu of the provisions of subclauses (VI) and (VII) of subsection (b)(3)(B)(ii). Reductions under this paragraph shall not affect computation of the amounts payable under this subsection for cost reporting periods beginning in fiscal years after fiscal year 2002. ``(7) Definitions.--For purposes of this subsection: ``(A) The term `base fiscal year' means, with respect to a hospital, the most recent fiscal year ending before the date of the enactment of this subsection for which audited cost report data are available. ``(B) The term `PPS percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 25 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 75 percent. ``(C) The term `psychiatric facility' means-- ``(i) a psychiatric hospital; and ``(ii) a psychiatric unit described in the matter following clause (v) of subsection (d)(1)(B). ``(D) The term `TEFRA percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 75 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 25 percent.''. (b) Limit on Reductions Under Balanced Budget Act.--Section 1886(b) of the Social Security Act (42 U.S.C. 1395ww(b)) is amended by adding at the end the following: ``(8)(A) Notwithstanding the amendments made by sections 4411, 4414, 4415, and 4416 of the Balanced Budget Act of 1997, in the case of a psychiatric facility (as defined in subparagraph (B)(ii)), the amount of payment for the operating costs of inpatient hospital services for cost reporting periods beginning on or after October 1, 1998, and before October 1, 2000, shall not be less than 95 percent of the amount that would have been paid for such costs if such amendments did not apply. ``(B) For purposes of this paragraph, the term `psychiatric facility' means-- ``(i) a psychiatric hospital; and ``(ii) a psychiatric unit described in the matter following clause (v) of subsection (d)(1)(B).''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply as if included in the enactment of the Balanced Budget Act of 1997.

Medicare Psychiatric Hospital Prospective Payment System Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for a prospective payment system for inpatient psychiatric facility hospital services; and (2) exempt such services from certain reductions under the Balanced Budget Act of 1997 (BBA'97), and, instead limit payment to not less than a certain applicable percentage of the amount that would have been paid if such reductions did not apply. Provides that the amendments made by this Act shall apply as if included in the enactment of BBA'97.

Medicare Psychiatric Hospital Prospective Payment System Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transitional Medical Assistance Improvement Act of 2001''. SEC. 2. REVISION AND SIMPLIFICATION OF THE TRANSITIONAL MEDICAL ASSISTANCE PROGRAM (TMA). (a) Option of Continuous Eligibility for 12 Months; Option of Continuing Coverage for Up to an Additional Year.-- (1) Option of continuous eligibility for 12 months by making reporting requirements optional.--Section 1925(b) of the Social Security Act (42 U.S.C. 1396r-6(b)) is amended-- (A) in paragraph (1), by inserting ``, at the option of a State,'' after ``and which''; (B) in paragraph (2)(A), by inserting ``Subject to subparagraph (C)--'' after ``(A) Notices.--''; (C) in paragraph (2)(B), by inserting ``Subject to subparagraph (C)--'' after ``(B) Reporting requirements.--''; (D) by adding at the end the following new subparagraph: ``(C) State option to waive notice and reporting requirements.--A State may waive some or all of the reporting requirements under clauses (i) and (ii) of subparagraph (B). Insofar as it waives such a reporting requirement, the State need not provide for a notice under subparagraph (A) relating to such requirement.''; and (E) in paragraph (3)(A)(iii), by inserting ``the State has not waived under paragraph (2)(C) the reporting requirement with respect to such month under paragraph (2)(B) and if'' after ``6-month period if''. (2) State option to extend eligibility for low-income individuals for up to 12 additional months.--Section 1925 of such Act (42 U.S.C. 1396r-6) is further amended-- (A) by redesignating subsections (c) through (f) as subsections (d) through (g); and (B) by inserting after subsection (b) the following new subsection: ``(c) State Option of Up to 12 Months of Additional Eligibility.-- ``(1) In general.--Notwithstanding any other provision of this title, each State plan approved under this title may provide, at the option of the State, that the State shall offer to each family which received assistance during the entire 6- month period under subsection (b) and which meets the applicable requirement of paragraph (2), in the last month of the period the option of extending coverage under this subsection for the succeeding period not to exceed 12 months. ``(2) Income restriction.--The option under paragraph (1) shall not be made available to a family for a succeeding period unless the State determines that the family's average gross monthly earnings (less such costs for such child care as is necessary for the employment of the caretaker relative) as of the end of the 6-month period under subsection (b) does not exceed 185 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved. ``(3) Application of extension rules.--The provisions of paragraphs (2), (3), (4), and (5) of subsection (b) shall apply to the extension provided under this subsection in the same manner as they apply to the extension provided under subsection (b)(1), except that for purposes of this subsection-- ``(A) any reference to a 6-month period under subsection (b)(1) is deemed a reference to the extension period provided under paragraph (1) and any deadlines for any notices or reporting and the premium payment periods shall be modified to correspond to the appropriate calendar quarters of coverage provided under this subsection; and ``(B) any reference to a provision of subsection (a) or (b) is deemed a reference to the corresponding provision of subsection (b) or of this subsection, respectively.''. (b) State Option To Waive Receipt of Medicaid for 3 of Previous 6 Months To Qualify for TMA.--Section 1925(a)(1) of such Act (42 U.S.C. 1396r-6(a)(1)) is amended by adding at the end the following: ``A State may, at its option, also apply the previous sentence in the case of a family that was receiving such aid for fewer than 3 months, or that had applied for and was eligible for such aid for fewer than 3 months, during the 6 immediately preceding months described in such sentence.''. (c) Elimination of Sunset for TMA.-- (1) Subsection (g) of section 1925 of such Act (42 U.S.C. 1396r-6), as redesignated under subsection (a)(2), is repealed. (2) Section 1902(e)(1) of such Act (42 U.S.C. 1396a(e)(1)) is amended by striking ``(A) Nothwithstanding'' and all that follows through ``During such period, for'' in subparagraph (B) and inserting ``For''. (d) CMS Report on Enrollment and Participation Rates Under TMA.-- Section 1925 of such Act, as amended by subsections (a)(2) and (c), is amended by adding at the end the following new subsection: ``(g) Additional Provisions.-- ``(1) Collection and reporting of participation information.--Each State shall-- ``(A) collect and submit to the Secretary, in a format specified by the Secretary, information on average monthly enrollment and average monthly participation rates for adults and children under this section; and ``(B) make such information publicly available. Such information shall be submitted under subparagraph (A) at the same time and frequency in which other enrollment information under this title is submitted to the Secretary. Using such information, the Secretary shall submit to Congress annual reports concerning such rates.''. (e) Coordination of Work.--Section 1925(g) of such Act, as added by subsection (d), is amended by adding at the end the following new paragraph: ``(2) Coordination with administration for children and families.--The Administrator of the Centers for Medicare & Medicaid Services, in carrying out this section, shall work with the Assistant Secretary for the Administration for Children and Families to develop guidance or other technical assistance for States regarding best practices in guaranteeing access to transitional medical assistance under this section.''. (f) Elimination of TMA Requirement for States That Extend Coverage to Children and Parents Through 185 Percent of Poverty.-- (1) In general.--Section 1925 of such Act is further amended by adding at the end the following new subsection: ``(h) Provisions Optional for States That Extend Coverage to Children and Parents Through 185 Percent of Poverty.--A State may (but is not required to) meet the requirements of subsections (a) and (b) if it provides for medical assistance under this title (whether under section 1931, through a waiver under section 1115, or otherwise) to families (including both children and caretaker relatives) the average gross monthly earning of which (less such costs for such child care as is necessary for the employment of a caretaker relative) is at or below a level that is at least 185 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved.''. (2) Conforming amendments.--Such section is further amended, in subsections (a)(1) and (b)(1), by inserting ``, but subject to subsection (h),'' after ``Notwithstanding any other provision of this title,'' each place it appears. (g) Requirement of Notice for All Families Losing TANF.--Subsection (a)(2) of such section is amended by adding after and below subparagraph (B), the following: ``Each State shall provide, to families whose aid under part A or E of title IV has terminated but whose eligibility for medical assistance under this title continues, written notice of their ongoing eligibility for such medical assistance. If a State makes a determination that any member of a family whose aid under part A or E of title IV is being terminated is also no longer eligible for medical assistance under this title, the notice of such determination shall be supplemented by a one- page notification form describing the different ways in which individuals and families may qualify for such medical assistance and explaining that individuals and families do not have to be receiving aid under part A or E of title IV in order to qualify for such medical assistance.''. (h) Extending Use of Outstationed Workers To Accept Applications for Transitional Medical Assistance.--Section 1902(a)(55) of such Act (42 U.S.C. 1396a(a)(55)) is amended by inserting ``and under section 1931'' after ``(a)(10)(A)(ii)(IX)''. (i) Effective Dates.--(1) Except as provided in this subsection, the amendments made by this section shall apply to calendar quarters beginning on or after October 1, 2001, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. (2) The amendment made by subsection (g) shall take effect 6 months after the date of the enactment of this Act. (3) In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

Transitional Medical Assistance Improvement Act of 2001 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to revise the program commonly referred to as the transitional medical assistance (TMA) program. Authorizes States to: (1) extend the eligibility for TMA of low-income individuals for up to 12 additional months; and (2) allow another six months of eligibility, in certain circumstances, in the case of family eligible for or receiving Medicaid for less than three of the previous six months. Repeals the sunset date for TMA (thus making the program permanent).

To amend title XIX of the Social Security Act to revise and simplify the transitional medical assistance (TMA) program.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Drug Sentencing Reform Act of 2001''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--REDUCTION OF DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER COCAINE Sec. 101. Reduction in disparity in sentencing between crack and powder cocaine. Sec. 102. Sentencing guideline conforming changes and enhancements for acts of violence during the course of a drug trafficking offense. TITLE II--INCREASED EMPHASIS ON THE DEFENDANT'S ROLE IN THE OFFENSE Sec. 201. Increase in sentence for leadership role in drug offense. Sec. 202. Limit on sentence when defendant has lesser role in the offense. Sec. 203. Elderly, nonviolent prisoner pilot program. Sec. 204. Emergency amendment authority; effective date. TITLE I--REDUCTION OF DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER COCAINE SEC. 101. REDUCTION IN DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER COCAINE. (a) Amendment of the Controlled Substances Act.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended as follows: (1) Ten-year mandatory minimum.-- (A) Decrease in amount of powder cocaine necessary to trigger mandatory minimum.--In subsection (b)(1)(A)(ii) by striking ``5 kilograms'' and inserting ``4 kilograms''. (B) Increase in amount of crack cocaine necessary to trigger mandatory minimum.--In subsection (b)(1)(A)(iii) by striking ``50 grams'' and inserting ``200 grams''. (2) Five-year mandatory minimum.-- (A) Decrease in amount of powder cocaine necessary to trigger mandatory minimum.--In subsection (b)(1)(B)(ii) by striking ``500 grams'' and inserting ``400 grams''. (B) Increase in amount of crack cocaine necessary to trigger mandatory minimum.--In subsection (b)(1)(B)(iii) by striking ``5 grams'' and inserting ``20 grams''. (b) Amendment of the Controlled Substances Import and Export Act.-- Section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended as follows: (1) Ten-year mandatory minimum.-- (A) Decrease in amount of powder cocaine necessary to trigger mandatory minimum.--In subsection (b)(1)(B) by striking ``5 kilograms'' and inserting ``4 kilograms''. (B) Increase in amount of crack cocaine necessary to trigger mandatory minimum.--In subsection (b)(1)(C) by striking ``50 grams'' and inserting ``200 grams''. (2) Five-year mandatory minimum.-- (A) Decrease in amount of powder cocaine necessary to trigger mandatory minimum.--In subsection (b)(2)(B) by striking ``500 grams'' and inserting ``400 grams''. (B) Increase in amount of crack cocaine necessary to trigger mandatory minimum.--In subsection (b)(2)(C) by striking ``5 grams'' and inserting ``20 grams''. (c) Conforming Change to Penalty for Possession.--Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended in the fourth sentence by striking ``5 years'' and inserting ``1 year''. SEC. 102. SENTENCING GUIDELINE CONFORMING CHANGES AND ENHANCEMENTS FOR ACTS OF VIOLENCE DURING THE COURSE OF A DRUG TRAFFICKING OFFENSE. Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and policy statements to ensure-- (1) that guideline offense levels based upon the quantity of powder cocaine and crack cocaine are consistent with the amendments made by section 101; and (2) that the guidelines provide an appropriate additional penalty increase of from 2 to 8 levels if the defendant used violence, made a credible threat to use violence, directed the use or threatened use of violence, or possessed a firearm, or other dangerous weapon, during the course of a drug trafficking offense. TITLE II--INCREASED EMPHASIS ON THE DEFENDANT'S ROLE IN THE OFFENSE SEC. 201. INCREASE IN SENTENCE FOR LEADERSHIP ROLE IN DRUG OFFENSE. Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and policy statements to ensure an additional increase of at least 2 levels if-- (1) the defendant, as an organizer, leader, manager, or supervisor of drug trafficking activity, is subject to an aggravating role enhancement under the guidelines; and (2) the offense involved 1 or more of the following super- aggravating factors-- (A) the defendant used another person to purchase, sell, transport, or store controlled substances, used impulse, fear, friendship, affection, or some combination thereof to involve such person in the offense, and such person had a minimum knowledge of the illegal enterprise and was to receive little or no compensation from the illegal transaction; (B) the defendant maintained an establishment for the manufacture or distribution of a controlled substance, as generally described in section 406 of the Controlled Substances Act (21 U.S.C. 856); (C) the defendant distributed a controlled substance to a person under age 18, a person over age 64, or a pregnant individual, or involved a person under age 18, a person over age 64, or a pregnant individual in drug trafficking; (D) the defendant bribed, or attempted to bribe, a Federal, State, or local law enforcement official in connection with a drug trafficking offense; (E) the defendant was involved in the importation into the United States of a controlled substance; or (F) the defendant committed the drug trafficking offense as part of a pattern of criminal conduct engaged in as a livelihood. SEC. 202. LIMIT ON SENTENCE WHEN DEFENDANT HAS LESSER ROLE IN THE OFFENSE. Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, as appropriate, the Federal sentencing guidelines and policy statements to ensure that-- (1) if the defendant is subject to a minimal role adjustment under the guidelines, the base offense level based solely on drug quantity shall not exceed level 32; and (2) if the defendant otherwise qualifies for a minimal role adjustment under the guidelines and had a minimum knowledge of the illegal enterprise, was to receive little or no compensation from the illegal transaction, and acted on impulse, fear, friendship, or affection when the defendant was otherwise unlikely to commit such an offense, there shall be an additional reduction of 2 offense levels. SEC. 203. ELDERLY, NONVIOLENT PRISONER PILOT PROGRAM. (a) Definitions.--In this section: (1) Crime of violence.--The term ``crime of violence'' has the same meaning given the term in section 16 of title 18, United States Code. (2) Designated facility.--The term ``designated facility'' means a Federal penitentiary designated by the Attorney General as appropriate for the pilot program. (3) Director.--The term ``Director'' means the Director of the Bureau of Prisons. (4) Eligible prisoner.--The term ``eligible prisoner'' means a prisoner in the custody of the Bureau of Prisons who-- (A) is not less than 65 years of age; (B) is serving a term of imprisonment after conviction for an offense other than a crime of violence and has served the greater of 10 years or one- half of the term of imprisonment; (C) has not been convicted in the past of any Federal or State crime of violence; (D) has not been determined by the Bureau of Prisons, on the basis of information the Bureau uses to make custody classifications, and in the sole discretion of the Bureau, to have a history of violence; (E) has not escaped, or attempted to escape, from the Bureau of Prisons facility; and (F) has not been determined by the Director, pursuant to the disciplinary system of the Bureau of Prisons, to have committed an infraction involving an act of violence. (5) Home detention.--The term ``home detention'' has the same meaning given the term in the Federal Sentencing Guidelines, and includes detention in a nursing home or other residential long-term care facility. (6) Pilot program.--The term ``pilot program'' means the pilot program carried out in accordance with this section. (7) Term of imprisonment.--The term ``term of imprisonment'' includes multiple terms of imprisonment ordered to run consecutively or concurrently, which shall be treated as a single, aggregate term of imprisonment for purposes of this section. (b) Program Established.-- (1) In general.--Notwithstanding section 3624 of title 18, United States Code, or any other provision of law, the Director shall carry out a pilot program at 1 or more designated facilities, under which the Director shall, in accordance with paragraph (2), place each prisoner who is determined to be an eligible prisoner on home detention until the date on which the term of imprisonment to which the prisoner was sentenced expires. (2) Timing of release.--In carrying out the pilot program, the Director shall place an eligible prisoner on home detention under paragraph (1)-- (A) with respect to a prisoner who is determined to be an eligible prisoner on or before the date that is 90 days after the date of enactment of this Act, not later than 180 days after the date of enactment of this Act; and (B) with respect to a prisoner who is determined to be an eligible prisoner after the date that is 90 days after the date of enactment of this Act and before the date that is 3 years and 91 days after such date of enactment, not later than 90 days after the date of such determination. (3) Violation of terms of home detention.--A violation of the terms of the home detention, including the commission of another Federal, State, or local crime, shall result in the return of the prisoner to the prior custody of that prisoner. (c) Program Evaluation.-- (1) In general.--The Director shall contract with an independent organization to monitor and evaluate the progress of each prisoner released under the pilot program during the 3- year period beginning on the date of such release. (2) Annual report.--The organization described in paragraph (1) shall annually submit to the Director and to Congress a report on the pilot program, which shall include-- (A) an evaluation of the effectiveness of the pilot program in providing successful transition to eligible prisoners from incarceration to the community, including data relating to the recidivism rates for those prisoners; and (B) the cost savings to the Federal Government resulting from the early removal of eligible prisoners from incarceration. SEC. 204. EMERGENCY AMENDMENT AUTHORITY; EFFECTIVE DATE. (a) Emergency Amendment Authority.-- (1) In general.--The United States Sentencing Commission, in its discretion, may-- (A) promulgate amendments pursuant to the directives in this Act in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100-182), as though the authority under that Act had not expired; and (B) pursuant to the emergency authority provided in paragraph (1), make such conforming amendments to the Sentencing Guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. (2) Promulgation.--The Commission shall promulgate any amendments under paragraph (1) promptly so that the amendments take effect on the same date as the amendments made by this Act. (b) Effective Date.-- (1) In general.--The amendments made by this Act shall apply to any offense committed on or after 180 days after the date of enactment of this Act. There shall be no retroactive application of any portion of this Act. (2) Applicability.--This subsection shall not apply to section 203 of this Act.

Drug Sentencing Reform Act of 2001 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to decrease the amount of powder cocaine and increase the amount of crack cocaine necessary to trigger the mandatory minimum penalties relating to the trafficking in, and possession, importation, or distribution of, cocaine.Directs the United States Sentencing Commission to amend the sentencing guidelines to ensure: (1) that guideline offense levels based upon the quantity of powder cocaine and crack cocaine are consistent with this Act, and that they provide an additional penalty increase of from two to eight levels if the defendant used or credibly threatened violence, or possessed a dangerous weapon, during the course of a drug trafficking offense; (2) an additional increase of at least two levels if the defendant has a leadership role (as specified) in drug trafficking activity involving super-aggravating factors; and (3) that there be a limit on sentence (as specified) when the defendant has a lesser role.Requires the Director of the Bureau of Prisons to carry out a pilot program at one or more designated facilities to place each eligible prisoner on home detention until the date on which that prisoner's term of imprisonment expires. Defines "eligible prisoner" as a prisoner who is at least 65 years old, has not been determined by the Bureau to have a history of violence, and meets other specified criteria.Grants the Commission certain emergency amendment authority.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Litigation Relief for Forest Management Projects Act''. SEC. 2. FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974. (a) Consultation Regarding Land Management Plans.--Section 6(d) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(d)) is amended-- (1) by striking ``(d) The Secretary'' and inserting the following: ``(d) Public Participation and Consultation.-- ``(1) In general.--The Secretary''; and (2) by adding at the end the following: ``(2) No additional consultation required after approval of land management plans.-- ``(A) In general.--Notwithstanding any other provision of law, no additional consultation shall be required under this subsection or any other provision of law (including section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)) with respect to-- ``(i) the listing of a species as threatened or endangered, or a designation of critical habitat pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), if a land management plan has been adopted by the Secretary as of the date of designation; or ``(ii) any provision of a land management plan adopted as described in clause (i). ``(B) Effect of paragraph.--Nothing in this paragraph affects any applicable requirement of the Secretary to consult with the head of any other Federal department or agency-- ``(i) regarding a project carried out, or proposed to be carried out, in an area designated as critical habitat pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or ``(ii) with respect to the development of a new land management plan or the revision of an existing land management plan.''. (b) Definition of Secretary; Conforming Amendments.-- (1) Definition of secretary.--Section 3(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(a)) is amended, in the first sentence of the matter preceding paragraph (1), by inserting ``(referred to in this Act as the `Secretary')'' after ``Secretary of Agriculture''. (2) Conforming amendments.--The Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is amended, in sections 4 through 9, 12, 13, and 15, by striking ``Secretary of Agriculture'' each place it appears and inserting ``Secretary''. SEC. 3. FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976. Section 202(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(f)) is amended-- (1) by striking ``(f) The Secretary'' and inserting the following: ``(f) Public Involvement.-- ``(1) In general.--The Secretary''; and (2) by adding at the end the following: ``(2) No additional consultation required after approval of land use plans.-- ``(A) In general.--Notwithstanding any other provision of law, no additional consultation shall be required under this subsection or any other provision of law (including section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)), with respect to-- ``(i) the listing of a species as threatened or endangered, or a designation of critical habitat, pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), if a land use plan has been adopted by the Secretary as of the date of listing or designation; or ``(ii) any provision of a land use plan adopted as described in clause (i). ``(B) Effect of paragraph.--Nothing in this paragraph affects any applicable requirement of the Secretary to consult with the head of any other Federal department or agency-- ``(i) regarding a project carried out, or proposed to be carried out, with respect to a species listed as threatened or endangered, or in an area designated as critical habitat, pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or ``(ii) with respect to the development of a new land use plan or the revision of an existing land use plan.''.

Litigation Relief for Forest Management Projects Act This bill amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to prohibit any additional consultation from being required with respect to: (1) the listing of a species as threatened or endangered, or a designation of a critical habitat, if a land management plan has been adopted by the Department of Agriculture as of the designation date; or (2) any provision of such an adopted plan. The bill amends the Federal land Policy and Management Act of 1976 to prohibit any additional consultation from being required with respect to: (1) the listing of a species as threatened or endangered, or a designation of critical habitat, if a land use plan has been adopted by the Department of the Interior as of the designation date; or (2) any provision of such an adopted plan.

Litigation Relief for Forest Management Projects Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nepal Trade Preferences Act''. SEC. 2. ELIGIBILITY REQUIREMENTS. (a) In General.--The President may authorize the provision of preferential treatment under this Act to articles that are imported directly from Nepal into the customs territory of the United States pursuant to section 3 if the President determines-- (1) that Nepal meets the requirements set forth in paragraphs (1), (2), and (3) of section 104(a) of the African Growth and Opportunity Act (19 U.S.C. 3703(a)); and (2) after taking into account the factors set forth in paragraphs (1) through (7) of subsection (c) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462), that Nepal meets the eligibility requirements of such section 502. (b) Withdrawal, Suspension, or Limitation of Preferential Treatment; Mandatory Graduation.--The provisions of subsections (d) and (e) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462) shall apply with respect to Nepal to the same extent and in the same manner as such provisions apply with respect to beneficiary developing countries under title V of that Act (19 U.S.C. 2461 et seq.). SEC. 3. ELIGIBLE ARTICLES. (a) Certain Manufactured and Other Articles.-- (1) In general.--An article described in paragraph (2) may enter the customs territory of the United States free of duty. (2) Articles described.-- (A) In general.--An article is described in this paragraph if-- (i) the article is the growth, product, or manufacture of Nepal; (ii) the article is imported directly from Nepal into the customs territory of the United States; (iii) the article is described in subparagraphs (B) through (G) of subsection (b)(1) of section 503 of the Trade Act of 1974 (19 U.S.C. 2463); (iv) the President determines, after receiving the advice of the United States International Trade Commission in accordance with subsection (e) of that section, that the article is not import-sensitive in the context of imports from Nepal; and (v) subject to subparagraph (C), the sum of the cost or value of the materials produced in, and the direct costs of processing operations performed in, Nepal or the customs territory of the United States is not less than 35 percent of the appraised value of the article at the time it is entered. (B) Exclusions.--An article shall not be treated as the growth, product, or manufacture of Nepal for purposes of subparagraph (A)(i) by virtue of having merely undergone-- (i) simple combining or packaging operations; or (ii) mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article. (C) Limitation on united states cost.--For purposes of subparagraph (A)(v), the cost or value of materials produced in, and the direct costs of processing operations performed in, the customs territory of the United States and attributed to the 35-percent requirement under that subparagraph may not exceed 15 percent of the appraised value of the article at the time it is entered. (b) Textile and Apparel Articles.-- (1) In general.--A textile or apparel article described in paragraph (2) or (3) may enter the customs territory of the United States free of duty. (2) Textile and apparel articles wholly assembled in nepal.-- (A) In general.--A textile or apparel article is described in this paragraph if the textile or apparel article is-- (i) wholly assembled in Nepal, without regard to the country of origin of the yarn or fabric used to make the articles; and (ii) imported directly from Nepal into the customs territory of the United States. (B) Limitations.-- (i) Low volume of imports.--If, during a calendar year, imports of textile and apparel articles described in subparagraph (A) from Nepal are less than 1 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the customs territory of the United States during that calendar year, such imports from Nepal may be increased to an amount that is equal to not more than 1.5 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the customs territory of the United States during that calendar year for the succeeding calendar year. (ii) Higher volume of imports.--If, during a calendar year, imports of textile and apparel articles described in subparagraph (A) from Nepal are at least 1 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the customs territory of the United States during that calendar year, such imports from Nepal may be increased by an amount that is equal to not more than \1/3\ of 1 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the customs territory of the United States during that calendar year for the succeeding calendar year. (iii) Aggregate country limit.--In no case may the aggregate quantity of textile and apparel articles described in subparagraph (A) imported into the customs territory of the United States from Nepal during a calendar year under this subsection exceed the applicable percentage set forth in paragraph (4)(B) for that calendar year. (3) Handloomed, handmade, folklore articles and ethnic printed fabrics.-- (A) In general.--A textile or apparel article is described in this paragraph if the textile or apparel article is-- (i) imported directly from Nepal into the customs territory of the United States; (ii) on a list of textile and apparel articles determined by the President, after consultation with the Government of Nepal, to be handloomed, handmade, folklore articles or ethnic printed fabrics of Nepal; and (iii) certified as a handloomed, handmade, folklore article or an ethnic printed fabric of Nepal by the competent authority of Nepal. (B) Ethnic printed fabric.--For purposes of subparagraph (A), an ethnic printed fabric of Nepal is-- (i) fabric containing a selvedge on both edges, having a width of less than 50 inches, and classifiable under subheading 5208.52.30 or 5208.52.40 of the Harmonized Tariff Schedule of the United States; (ii) fabric of a type that contains designs, symbols, and other characteristics of Nepal-- (I) normally produced for and sold in indigenous markets in Nepal; and (II) normally sold in Nepal by the piece as opposed to being tailored into garments before being sold in indigenous markets in Nepal; (iii) printed, including waxed, in Nepal; and (iv) fabric formed in the United States from yarns formed in the United States or from fabric formed in Nepal from yarns originating in either the United States or Nepal. (4) Limitations on benefits.-- (A) In general.--Preferential treatment under this subsection shall be extended in the 1-year period beginning January 1, 2014, and in each of the succeeding 10 1-year periods, to imports of textile and apparel articles from Nepal under this subsection in an amount not to exceed the applicable percentage of the aggregate square meter equivalents of all textile and apparel articles imported into the customs territory of the United States in the most recent 12-month period for which data are available. (B) Applicable percentage.--For purposes of this paragraph, the term ``applicable percentage'' means 1.5 percent for the 1-year period beginning January 1, 2014, increased in each of the 10 succeeding 1-year periods by equal increments, so that for the period beginning January 1, 2023, the applicable percentage does not exceed 3.5 percent. (5) Surge mechanism.--The provisions of subparagraph (B) of section 112(b)(3) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(3)) shall apply to textile and apparel articles imported from Nepal to which preferential treatment is extended under this subsection to the same extent and in the same manner that such provisions apply to textile and apparel articles described in such section 112(b)(3) imported from a beneficiary sub-Saharan African country. (6) Special eligibility rules; protections against transshipment.--The provisions of subsection (e) of section 112 and section 113 of the African Growth and Opportunity Act (19 U.S.C. 3721 and 3722) shall apply to textile and apparel articles imported from Nepal to which preferential treatment is extended under this subsection to the same extent and in the same manner that such provisions apply to textile and apparel articles imported from beneficiary sub-Saharan countries to which preferential treatment is extended under such section 112. SEC. 4. REPORTING REQUIREMENT. The President shall monitor, review, and report to Congress, not later than one year after the date of the enactment of this Act, and annually thereafter, on the implementation of this Act and on the trade and investment policy of the United States with respect to Nepal. SEC. 5. TERMINATION OF PREFERENTIAL TREATMENT. No preferential treatment extended under this Act shall remain in effect after December 31, 2023. SEC. 6. EFFECTIVE DATE. The provisions of this Act shall take effect on January 1, 2014.

Nepal Trade Preferences Act - Authorizes the President to give preferential treatment to certain articles imported directly from Nepal into the U.S. customs territory if that country meets certain requirements under the African Growth and Opportunity Act, including a market-based economy and the rule of law, the protection of human rights and internationally-recognized worker rights, elimination of trade barriers to the United States, and non-engagement in activities that undermine U.S. national security or foreign policy interests or support acts of international terrorism. Requires Nepal also to meet certain eligibility criteria for designation as a beneficiary developing country under the Trade Act of 1974. Authorizes certain import-sensitive articles (watches, electronic articles, steel articles, footwear and certain other apparel, and glass products) imported directly from Nepal to enter the U.S. customs territory duty-free if: (1) the article is the growth, product, or manufacture of Nepal; (2) the President determines, after receiving advice from the U.S. International Trade Commission (USITC), that the article is not import-sensitive; and (3) the sum of the cost or value of the materials produced in, and the manufacturing costs performed in, Nepal or the U.S. customs territory is at least 35% of the appraised value of the article at the time it is entered. Limits to 15% of the appraised value of the article at the time it is entered the cost or value of the materials produced in, and the manufacturing costs performed in, the U.S. customs territory, and attributed to the 35% requirement. Grants duty-free treatment to certain textile or apparel articles: (1) wholly assembled in Nepal, without regard to the country of origin of the yarn or fabric used to make them; and (2) imported directly from Nepal into the U.S. customs territory. Prescribes requirements for handloomed, handmade, folklore articles or ethnic printed fabrics. Terminates the extension of preferential treatment to Nepal after December 31, 2023.

Nepal Trade Preferences Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare and Teenage Pregnancy Reduction Act''. SEC. 2. BLOCK GRANTS TO STATES FOR FAMILIES WITH DEPENDENT CHILDREN. (a) In General.--Title IV of the Social Security Act (42 U.S.C. 601-617) is amended by striking part A (except sections 403(h) and 417) and inserting the following: ``Part A--Block Grants to States for Families With Dependent Children ``SEC. 401. ENTITLEMENT. ``For grants to which States meeting the requirements of this part are entitled, there is authorized to be appropriated to the Secretary for each fiscal year an amount equal to-- ``(1) 103 percent of the aggregate amount of Federal outlays under part A of this title, other than under section 403(l), (as in effect immediately before the effective date of this part) for fiscal year 1994; plus ``(2) 100 percent of the aggregate amount of Federal outlays under such section 403(l) for fiscal year 1993. ``SEC. 402. APPLICATION REQUIREMENTS. ``To be entitled to a grant under this part for a fiscal year, a State must, not later than June 30 of the immediately preceding fiscal year, submit to the Secretary an application which describes the State program to assist families with dependent children (which may include job training and work programs for such families), including the goals and objectives of the program. ``SEC. 403. BLOCK GRANT. ``The Secretary shall make a grant for a fiscal year to each State that meets the requirement of section 402 for the fiscal year in an amount equal to-- ``(1) 103 percent of the amount paid to the State under part A of this title, other than under section 403(l), (as in effect immediately before the effective date of this part) for fiscal year 1994; plus ``(2) 100 percent of the amount paid to the State under such section 403(l) for fiscal year 1993. ``SEC. 404. USE OF FUNDS. ``(a) In General.--Each State to which a grant is made under section 403 for a fiscal year shall use the grant to carry out the State program to assist families with dependent children. ``(b) Prohibitions.--Each State to which a grant is made under section 403 for a fiscal year shall not use any Federal funds provided to carry out the State program to assist families with dependent children, to provide assistance during the fiscal year with respect to a dependent child if-- ``(1) the mother or father of the dependent child has not attained 19 years of age; or ``(2) the paternity or maternity of the dependent child has not been established. ``(c) Special Rule.--During a period not exceeding 1 year from the date a family with a dependent child moves to a State to which a grant is made under section 403 for a fiscal year from another State, the State may-- ``(1) apply the same rules as apply with respect to any other dependent child in the State, in providing assistance with respect to the dependent child under the State program to assist families with dependent children; or ``(2) treat the dependent child in the same manner as such other State would have treated the dependent child if the dependent child had not moved from such other State. ``SEC. 405. DEFINITION OF DEPENDENT CHILD. ``As used in this part, the term `dependent child' means an individual who-- ``(1) is needy, as determined by the State in which the child resides; ``(2) has been deprived of parental support or care due to the death, continued absence from the home (other than absence occasioned solely due to the performance of active duty in the uniformed services of the United States), or physical or mental incapacity of a parent; ``(3) is living with the individual's father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece, in a place of residence maintained by 1 or more of such relatives as his, her, or their home; and ``(4) is-- ``(A) not more than 18 years of age; or ``(B) at the option of the State-- ``(i) not more than 19 years of age; and ``(ii) a full-time student in a secondary school (or in the equivalent level of vocational or technical training) who may reasonably be expected to complete the program of the secondary school (or the training) before attaining 19 years of age.''. ``SEC. 406. ANNUAL REPORTS. ``Not later than 6 months after the end of each fiscal year for which a State is made a grant under section 403, the State shall submit to the Secretary a report which contains-- ``(1) a statement of the average number of families with dependent children in the State during the fiscal year, and of the number of such families to which assistance was provided under State programs funded under this part during the fiscal year; ``(2) in absolute and in percentage terms, the extent to which there has been an increase or decrease, during the fiscal year and since the effective date of this part, in-- ``(A) teen pregnancies in the State; ``(B) births of children immediately eligible for assistance through the State program of assistance to families with dependent children; ``(C) families to whom such assistance has been terminated due to the gainful employment of 1 or more members of the family; and ``(D) absent parents who contribute financially to the support of families receiving such assistance; and ``(3) the extent to which the State has met the goals and objectives set forth in the application for the grant. ``SEC. 407. WITHHOLDING OF BLOCK GRANT. ``Notwithstanding any other provision of this part, beginning 4 years after the effective date of this part, the Secretary may suspend or withhold for any period a portion or all of a grant to a State for a fiscal year under this part if, after reviewing the State reports submitted pursuant to section 406, the Secretary determines that the State program of assistance to families with dependent children during the immediately preceding fiscal year has not adequately met the needs of the families.''. (b) Repeal of JOBS Program.--Part F of title IV of such Act (42 U.S.C. 681-687) is hereby repealed. (c) Transfer of Provision Providing for Penalties for Substantial Noncompliance With State Plan for Child and Spousal Support.-- (1) In General.--Section 403(h) of such Act (42 U.S.C. 603(h)) is hereby transferred to section 455 of such Act, inserted after subsection (b) of such section 455, and redesignated as subsection (c). (2) Conforming amendments.-- (A) Section 455(c) of such Act (42 U.S.C. 655(c)), as added by paragraph (1) of this subsection, is amended-- (i) in paragraph (1)-- (I) by striking ``part D'' and inserting ``this part''; and (II) by striking ``such part'' and inserting ``this part''; and (ii) by striking paragraph (3). (B) Section 452(a)(4) of such Act (42 U.S.C. 652(a)(4)) is amended-- (i) by striking ``403(h)(1)'' and inserting ``455(c)(1)''; and (ii) by striking ``403(h)(2)'' and inserting ``455(c)(2)''. (C) Section 452 of such Act (42 U.S.C. 652) is amended, in each of subsections (a)(4), (d)(3)(A), (g)(1), and (g)(3)(A), by striking ``403(h)'' and inserting ``455(c)''. (d) Transfer of Provision Providing for Assistant Secretary for Family Support.-- (1) In general.--Section 417 of such Act (42 U.S.C. 617) is hereby transferred to section 452 of such Act, added at the end of such section 452, and redesignated as subsection (j). (2) Conforming amendment.--Section 452(j) of such Act (42 U.S.C. 652(j)), as added by paragraph (1) of this subsection, is amended-- (A) by striking ``assistant secretary for family support''; and (B) by striking ``programs under this part, part D, and part F'' and inserting ``program under this part''. (e) Effective Date.--The amendments and repeal made by this section shall take effect on October 1, 1995. (f) References in Other Laws.--Any reference in any law, regulation, document, paper, or other record of the United States to part A or F of title IV of the Social Security Act, or to a provision of law contained in either such part, shall, unless the context otherwise requires, be considered to be a reference to such part A or F, or such provision, as in effect immediately before October 1, 1995. SEC. 3. REDUCTION OF FEDERAL AFDC ADMINISTRATIVE COSTS. (a) Cost-Reduction Requirement.--The Secretary of Health and Human Services shall, using any authorities otherwise available, take such actions as may be necessary to ensure that, for each fiscal year that begins 12 months or more after the date of the enactment of this Act, the total administrative costs of the program described in part A of title IV of the Social Security Act shall not exceed 50 percent of the total administrative costs of that program (as then in effect) for fiscal year 1994. (b) Reporting Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a written report to Congress describing-- (1) the actions which have been or will be taken in order to achieve timely compliance with subsection (a); (2) the procedures and criteria used in determining what actions to take, including the reasons why each such action was chosen; (3) the savings anticipated from each action described under paragraph (1); and (4) the methodologies and assumptions used in connection with any computations under this section.

Welfare and Teenage Pregnancy Reduction Act - Amends title IV of the Social Security Act to repeal part A (Aid to Families with Dependent Children) (AFDC) and replace it with a program of block grants to States for such families. Authorizes appropriations to the Secretary of Health and Human Services for such grants. Prohibits the use of grant funds to provide assistance with respect to a dependent child if: (1) the mother or father has not reached age 19; or (2) the paternity or maternity of such child has not been established. Declares that, during the first year following arrival in a State from another State of a family with a dependent child, the State may apply its own rules or the rules of that other State. Authorizes the Secretary to suspend or withhold part or all of a grant to a State for a fiscal year if, after reviewing the State's annual report on its program, the Secretary determines that the State program has not, during the immediately preceding fiscal year, adequately met the needs of such families. Directs the Secretary to take necessary action to ensure that, for each fiscal year, the total administrative costs of the AFDC program, as revised by this Act, shall not exceed half of the total administrative costs of the AFDC program as in effect for FY 1994.

Welfare and Teenage Pregnancy Reduction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Samoa Study Commission Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the islands of Tutuila and Manua, and certain other islands that compose American Samoa, were ceded by the chiefs of the islands to the United States by 2 treaties ratified on April 10, 1900, and July 16, 1904; (2) American Samoa's status as an unorganized and unincorporated territory of the United States, and American Samoa's political relationship to the United States, are not clearly defined in any single document; (3) there is a need for a comprehensive study and review of the historical and legal bases of American Samoa's status and political relationship with the United States, including-- (A) a determination of American Samoa's present political relationship with the United States compared to other relationships such as commonwealth, free association, and covenant; and (B) an examination of whether the treaties of cession created trust obligations to American Samoa on the part of the United States; and (4) the economic and social needs of American Samoa are substantially affected by the nature of American Samoa's political status and relationship with the United States. (5) The need for a comprehensive study also of Swains Island. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``American Samoa Study Commission''. SEC. 4. DUTIES. (a) In General.--It shall be the duty of the Commission-- (1) to study and evaluate all factors that led to American Samoa's historical and present political status and relationship with the United States, including-- (A) the events that led to the cession to the United States of the islands that compose American Samoa; and (B) the constitutions, statutes, treaties, and agreements that affect American Samoa's political status and relationship with the United States; (2) to determine the nature of American Samoa's political status and relationship with the United States compared to relationships such as commonwealth, free association, and covenant, and the extent to which the treaties of cession created trust obligations to American Samoa on the part of the United States; (3) to determine whether a single document is needed to set forth American Samoa's political status and relationship with the United States; and (4) to study and evaluate the impact of American Samoa's political status and relationship with the United States (as determined by the Commission under paragraph (2)) on the economic and social needs of American Samoa and its residents. (b) Consultation.--The Commission shall, to the maximum extent practicable, consult with American Samoans in carrying out the duties of the Commission under subsection (a). SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 5 members appointed as follows: (1) 3 members appointed by the Secretary of the Interior, including-- (A) 1 member appointed from among individuals recommended by the Governor of American Samoa; and (B) 1 member appointed from among individuals recommended by the legislature of the Territorial government of American Samoa. (2) 1 member appointed by the Speaker of the House of Representatives. (3) 1 member appointed by the President of the Senate. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), each member of the Commission shall be paid, to the extent of amounts made available in appropriation Acts, $150 for each day (including travel time) during which the member is engaged in the actual performance of the duties of the Commission. (2) Prohibition of compensation of federal employees.-- Except as provided in subsection (d), members of the Commission who are full-time officers or employees of the United States or the Territorial government of American Samoa may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (d) 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. (e) Quorum.--3 members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (f) Chairperson; Vice Chairperson.--The Chairperson and Vice Chairperson of the Commission shall be elected by the members. (g) Meetings.-- (1) Initial meeting.--Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Secretary of the Interior shall call the initial meeting of the members of the Commission. (2) Subsequent meetings.--The Chairperson or a majority of the members of the Commission shall call any meeting of the Commission that occurs after the meeting called under paragraph (1). SEC. 6. STAFF AND SUPPORT SERVICES. (a) Director.--The Commission shall have a Director, who shall be appointed by the Commission. (b) Staff.--Subject to rules prescribed by the Commission, the Chairperson of the Commission may appoint and fix the pay of 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 such title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum rate of basic pay payable for GS-16 of the General Schedule. (d) Experts and Consultants.--Subject to rules prescribed by the Commission, the Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed $150 per day. (e) 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. SEC. 7. POWERS OF COMMISSION. (a) Hearings.-- (1) In general.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and locations, take testimony, and receive evidence as the Commission considers appropriate. (2) Location of certain hearings.-- (A) Required hearings.--The Commission shall conduct at least 1 hearing at any location on each of-- (i) Tutuila; (ii) Ofu; (iii) Olosega; and (iv) Tau. (B) Other hearings.--The Commission may conduct at least 3 separate hearings in the United States at locations where significant numbers of American Samoans reside. (3) Notice.--The Commission shall provide notice to the public of the hearings referred to in paragraphs (1) and (2), including information regarding the date, location, and topic of each meeting, and shall take other actions as the Commission considers necessary to obtain, to the maximum extent practicable, public participation in the hearings. (b) Delegation of Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this Act. (c) Obtaining Official Data.-- (1) In general.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of the Federal agency shall furnish the information to the Commission. (2) Exception.--Paragraph (1) shall not apply to any information that the Commission is prohibited to secure or request by another law. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. 8. REPORTS. (a) Draft Report.-- (1) In general.--Not later than the expiration of the 1- year period beginning on the date of the enactment of this Act, the Commission shall prepare and publish a draft report containing the findings, conclusions, and recommendations of the Commission. (2) Distribution.--The Commission shall distribute such report to appropriate Federal and American Samoan agencies and shall make such report available to members of the public upon request. (3) Solicitation of comments.--The Commission shall solicit written comments from the Federal and American Samoan agencies and other persons to which copies of such report are distributed under paragraph (2). (b) Final Report.--Not later than the expiration of the 9-month period beginning on the date of the publication of the report required by subsection (a)(1), the Commission shall submit to the President and the Congress a final report, which shall include-- (1) a detailed statement of the findings and conclusions made by the Commission after consideration of the comments received by the Commission under subsection (a)(3); (2) the recommendations of the Commission for legislative and administrative actions that the Commission determines to be appropriate; and (3) copies of all written comments received by the Commission under subsection (a)(3). SEC. 9. DEFINITIONS. For purposes of this Act: (1) The term ``American Samoan'' has the meaning given the term ``native American Samoan'' in section 4 of Public Law 100- 571 (16 U.S.C. 410qq-3). (2) The term ``Commission'' means the American Samoa Study Commission established in section 3. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $200,000 to carry out this Act. SEC. 11. TERMINATION. The Commission shall terminate not later than the expiration of the 60-day period beginning on the date on which the Commission submits its final report under section 8.

American Samoa Study Commission Act - Establishes the American Samoa Study Commission to study and report on all factors that led to American Samoa's historical and present political status and relationship with the United States. Authorizes appropriations.

American Samoa Study Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neotropical Migratory Bird Conservation Act''. SEC. 2. FINDINGS. Congress finds that-- (1)(A) birds constitute one of the most widely recognized and appreciated components of North American wildlife; (B) approximately 25,000,000 Americans travel to observe birds; and (C) more than 60,000,000 adult Americans watch and feed birds at home; (2) birds-- (A) are key indicators of environmental health; (B) play important roles in plant pollination and seed dispersal; (C) serve as critical links in the food web; and (D) maintain the health of the environment; (3)(A) healthy bird populations provide important economic benefits, such as control of noxious insects on agricultural crops, thereby preventing hundreds of millions of dollars in economic losses each year to farming and timber interests; and (B) more than $20,000,000,000 is spent in the United States each year on watching and feeding birds; (4)(A) despite their irreplaceable value, many North American bird species, once considered common, are in decline; (B) 90 North American bird species are listed as endangered or threatened in the United States; (C) another 124 North American bird species are of high conservation concern; and (D) Mexico's Secretariat of Environment, Natural Resources and Fisheries lists approximately 390 bird species as being endangered, threatened, vulnerable, or rare; (5)(A) of the nearly 800 bird species known to occur in the United States, approximately 500 migrate among nations; (B) the large majority of those species, the neotropical migrants, winter in Latin America and the Caribbean; and (C) neotropical migrants in particular have received much attention because of their population declines; (6)(A) the primary reason for the declines is habitat loss and degradation (including pollution and contamination); (B) because neotropical migrants range across numerous international borders each year, their conservation requires that safeguards be established at both ends of the migration routes, as well as at critical stopover areas along the way; and (C) establishing such safeguards necessitates the joint commitment and effort of all nations that support those species, as well as all levels of society; and (7) this Act constitutes an effort on the part of the United States to adopt appropriate measures for the protection of migratory birds in collaboration with-- (A) neighboring nations that are parties to the Convention Respecting Nature Protection and Wildlife Preservation in the Western Hemisphere, done at the Pan American Union, Washington, October 12, 1940 (56 Stat. 1354); and (B) States, conservation organizations, corporations and business interests, and other private entities. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to assist in the conservation of neotropical migratory birds by supporting neotropical migratory bird conservation programs in Latin America, the Caribbean, and the United States with a focus on reversing habitat loss and degradation; (2) to promote partnerships between Federal, State, and nongovernmental entities in the United States in the conservation of neotropical migratory birds; (3) to foster active governmental and nongovernmental participation in neotropical migratory bird conservation by cooperating countries throughout Latin America and the Caribbean; (4) to promote circumstances under which the conservation of neotropical migratory birds in Latin America and the Caribbean may be carried out by local entities; (5) to provide financial resources for projects that support neotropical migratory bird conservation; (6) to promote the effective conservation of neotropical migratory birds in the Western Hemisphere through collaboration at all levels of society; and (7) to link, bolster, and augment successful existing neotropical migratory bird conservation efforts, rather than creating new and separate initiatives. SEC. 4. CONSERVATION ASSISTANCE. (a) In General.--The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (referred to in this Act as the ``Secretary''), shall establish a program to provide financial assistance for projects to promote the conservation of neotropical migratory birds. (b) Project Applicants.--An entity that is eligible to receive financial assistance for a project under this Act is an entity that-- (1) is-- (A) a Federal, State, or local governmental entity of the United States; (B) a United States nongovernmental organization, corporation or business interest, or other private entity; (C) a governmental or nongovernmental organization, corporation or business interest, or other private entity in Latin America or the Caribbean; or (D) an international organization that is dedicated to achieving the purposes of this Act; and (2) submits a project proposal to the Secretary. (c) Project Proposals.--Each project proposal shall-- (1) demonstrate that the project will enhance the conservation of neotropical migratory birds in Latin America, the Caribbean, or the United States by focusing on reversing habitat loss and degradation; (2) include mechanisms to ensure adequate local public participation in project development and implementation; (3) contain assurances that the project will be implemented in consultation with appropriate local and other government officials with jurisdiction over the resources addressed by the project; (4) demonstrate sensitivity to local historic and cultural resources and comply with applicable laws; and (5) provide any other information that the Secretary considers to be necessary for evaluating the proposal. (d) Project Sustainability.--To the maximum extent practicable, each project shall aim to support or establish such structures as are necessary to ensure achievement of conservation objectives specified in this Act, including the long-term operation and maintenance of the project by local entities in the country in which the project is carried out. (e) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of each project shall be not greater than 33 percent. (2) Non-federal share.-- (A) Payment by united states and international entities.--Not less than 50 percent of the non-Federal share of the costs of each project shall be covered by-- (i) United States nongovernmental organizations; (ii) international nongovernmental organizations; (iii) States of the United States and other United States non-Federal entities; and (iv) corporations, business interests, and other private entities. (B) Payment by local entities.--In addition to the non-Federal share provided under subparagraph (A), the entity submitting the proposal for a project to be assisted under this Act shall obtain matching support from local entities in the country in which the project is carried out, including corporations and business interests, sufficient to pay not less than 50 percent of the non-Federal share of the costs of the project. (C) Form of payment by united states and international entities.--In the case of a project submitted by an entity in the United States, the non- Federal share shall be paid in cash. In the case of a project submitted by any other entity, the non-Federal share may be provided in the form of cash or in-kind contributions. SEC. 5. NEOTROPICAL MIGRATORY BIRD ADVISORY COMMITTEE. (a) Establishment.--There is established a Neotropical Migratory Bird Advisory Committee (referred to in this Act as the ``Committee'') to assist in carrying out this Act. (b) Membership.-- (1) Voting members.--The Committee shall have 14 voting members, appointed as follows: (A) 8 members appointed by the Secretary, 1 of whom shall be designated by the Secretary to chair the Committee. Six of the members appointed under this subparagraph shall be appointed from individuals representing non-Federal entities having a strong interest in neotropical bird conservation. Members appointed under this subparagraph shall serve a term of 2 years. Appointments under this subparagraph shall be rotated among various non-Federal entities. (B) 1 member appointed by the International Association of Fish and Wildlife Agencies, who shall not be required to be an officer or employee of the Association. (C) 1 member appointed by the National Fish and Wildlife Foundation established by the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), who shall not be required to be an officer or employee of the Foundation. (D) 1 member appointed by the Speaker of the House of Representatives. (E) 1 member appointed by the Majority Leader of the Senate. (F) 1 member appointed by the Director of the Agency for International Development. (G) 1 member appointed by the Secretary of State. (2) Nonvoting member.--The Secretary shall ensure that one representative of Canada is allowed to attend meetings of the Committee as an observer. (A) In general.--The Committee shall include 3 nonvoting members appointed by the Director of the United States Fish and Wildlife Service, each of whom-- (i) is a native and resident of Latin America or the Caribbean; and (ii) is actively involved in local conservation efforts in Latin America or the Caribbean. (B) Conditions of service as member.--The member described in subparagraph (A) shall serve in an advisory capacity and for a 2-year term. (c) Duties.--The Committee shall-- (1) assist in the development of guidelines for the solicitation of proposals for projects eligible for financial assistance under section 4; (2) promote participation in the program established under section 4 by public and private non-Federal entities; (3) review and recommend to the Secretary proposals for financial assistance that meet the requirements specified in section 4 and any other criteria established by the Committee; and (4) coordinate and facilitate grant processes under this Act among entities involved in neotropical bird conservation. (d) Meetings.--The Committee shall hold such meetings as are necessary to carry out the duties of the Committee. (e) Compensation.-- (1) In general.--Subject to paragraph (2), a member of the Committee shall not receive any compensation for the service of the member on the Committee. (2) Travel expenses.--A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of services for the Committee. (f) Eligibility for Financial Assistance.--An entity represented by a member of the Committee shall not be eligible to receive financial assistance under this Act. SEC. 6. DUTIES OF SECRETARY. (a) Assistance to Committee.--The Secretary shall facilitate consideration of projects described in section 4(a) by the Committee and otherwise assist the Committee in carrying out its duties under this Act. (b) Other Duties.--In carrying out this Act, the Secretary shall-- (1) develop and oversee agreements to provide financial assistance under section 4; (2) seek cooperators described in section 7; (3) translate documents into Spanish as necessary; and (4) generally manage implementation of this Act. (c) Funding.--The Secretary may use funds described in section 9(b) to carry out this section. SEC. 7. COOPERATION. In carrying out this Act, the Secretary shall cooperate with appropriate entities, including-- (1) appropriate officials in countries where projects authorized by this Act are proposed to be carried out or are being carried out; (2) the heads of other Federal agencies; and (3) entities carrying out, as of the date of enactment of this Act, initiatives that support bird conservation in Latin America and the Caribbean, such as Partners in Flight, the North American Waterfowl Management Plan, the Western Hemisphere Shorebird Reserve Network, Winged Ambassadors, the Latin America small grants program of the American Bird Conservancy, and Wings of the Americas. SEC. 8. REPORT TO CONGRESS. Not later than December 31, 2002, the Secretary shall submit to Congress a report on the results and effectiveness of the program carried out under this Act, including recommendations concerning how the Act might be improved and whether the program should be continued. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $4,000,000 for each of fiscal years 1999 through 2001, to remain available until expended. (b) Administrative Expenses.--For each fiscal year, of the amounts made available to carry out this Act under subsection (a), the Secretary may use not more than 10 percent to pay administrative expenses incurred in carrying out this Act.

Neotropical Migratory Bird Conservation Act - Requires the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to establish a program to provide financial assistance for projects to promote the conservation of neotropical migratory birds. Makes the following entities that submit project proposals to the Secretary eligible for such assistance: (1) Federal, State, or local governmental entities or private entities; (2) governmental or private entities in Latin America or the Caribbean; or (3) international organizations that are dedicated to achieving this Act's purposes. Limits the Federal share of project costs to 33 percent. Establishes a Neotropical Migratory Bird Advisory Committee to carry out specified duties with respect to projects and assistance. Authorizes appropriations to carry out this Act for FY 1999 through 2001.

Neotropical Migratory Bird Conservation Act

SECTION 1. SHORT TITLE; AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT. (a) In General.--This Act may be cited as the ``Clean Water Infrastructure Financing Act of 2003''. (b) Amendment of Federal Water Pollution Control Act.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS. Section 601(a) (33 U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all that follows through the period and inserting ``to accomplish the purposes of this Act.''. SEC. 3. CAPITALIZATION GRANTS AGREEMENTS. (a) Requirements for Construction of Treatment Works.--Section 602(b)(6) (33 U.S.C. 1382(b)(6)) is amended to read as follows: ``(6) treatment works eligible under section 603(c)(1) of this Act constructed in whole or in part with funds made available by a State water pollution control revolving fund under this title and section 205(m) of this Act will meet the requirements of section 513 of this Act in the same manner as treatment works constructed with assistance under title II of this Act;''. (b) Architectural and Engineering Contracts.--Section 602(b) (33 U.S.C. 1382(b)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ``; and''; and (3) by adding at the end the following: ``(11) the State will require that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services entered into using amounts from the fund will be awarded in the same way that a contract for architectural and engineering services is awarded under chapter 11 of title 40, United States Code, or an equivalent qualifications-based requirement prescribed by the State, except that such an award shall not be construed as conferring a proprietary interest upon the United States.''. (c) Guidance for Small Systems.--Section 602 (33 U.S.C. 1382) is amended by adding at the end the following: ``(c) Guidance for Small Systems.-- ``(1) Simplified procedures.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall assist the States in establishing simplified procedures for small systems to obtain assistance under this title. ``(2) Publication of manual.--Not later than 1 year after the date of enactment of this subsection, and after providing notice and opportunity for public comment, the Administrator shall publish a manual to assist small systems in obtaining assistance under this title and publish in the Federal Register notice of the availability of the manual. ``(3) Small system defined.--For purposes of this title, the term `small system' means a system for which a municipality or intermunicipal, interstate, or State agency seeks assistance under this title and which serves a population of 10,000 or less.''. SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS. (a) Activities Eligible for Assistance.--Section 603(c) (33 U.S.C. 1383(c)) is amended to read as follows: ``(c) Activities Eligible for Assistance.-- ``(1) In general.--The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance to activities that have as a principal benefit the improvement or protection of water quality of navigable waters to a municipality, intermunicipal agency, interstate agency, State agency, or other person. Such activities may include the following: ``(A) Construction of a publicly owned treatment works. ``(B) Implementation of lake protection programs and projects under section 314. ``(C) Implementation of a management program under section 319. ``(D) Implementation of a conservation and management plan under section 320. ``(E) Restoration or protection of publicly or privately owned riparian areas, including acquisition of property rights. ``(F) Implementation of measures to promote beneficial reuse of wastewater. ``(G) Development and implementation of plans by a public recipient to prevent water pollution. ``(H) Acquisition of lands necessary to meet any mitigation requirements related to construction of a publicly owned treatment works. ``(I) Implementation of measures to enhance the security of publicly owned treatment works. ``(J) Replacement and rehabilitation of treatment works to intercept, transport, control, or treat municipal combined sewer overflows and sanitary sewer overflows. ``(2) Fund amounts.--The water pollution control revolving fund of a State shall be established, maintained, and credited with repayments, and the fund balance shall be available in perpetuity for providing financial assistance described in paragraph (1). Fees charged by a State to recipients of such assistance may be deposited in the fund for the sole purpose of financing the cost of administration of this title.''. (b) Loan Guarantees.--Section 603(d)(5) (33 U.S.C. 1383(d)(5)) is amended to read as follows: ``(5) to provide loan guarantees for-- ``(A) similar revolving funds established by municipalities or intermunicipal agencies; and ``(B) developing and implementing innovative technologies.''. (c) Administrative Expenses.--Section 603(d)(7) (33 U.S.C. 1383(d)(7)) is amended by inserting before the period at the end the following: ``or $400,000 per year or \1/2\ percent per year of the current valuation of such fund, whichever is greater, plus the amount of any fees collected by the State for such purpose under subsection (c)(2)''. (d) Technical and Planning Assistance for Small Systems.--Section 603(d) (33 U.S.C. 1383(d)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting a semicolon; and (3) by adding at the end the following: ``(8) to provide to small systems technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, repair schedules, and other activities to improve wastewater treatment plant operations, except that such amounts shall not exceed 2 percent of all grant awards to such fund under this title; and''. (e) Grants to Financially Distressed Communities.--Section 603(d) (33 U.S.C. 1383(d)) is further amended by adding at the end the following: ``(9) to make grants to financially distressed communities in the State in the amounts specified in subsection (i).''. (f) Consistency With Planning Requirements.--Section 603(f) (33 U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting ``is not inconsistent''. (g) Construction Assistance.--Section 603(g) (33 U.S.C. 1383(g)) is amended to read as follows: ``(g) Construction Assistance.-- ``(1) Priority list requirement.--The State may provide financial assistance from its water pollution control revolving fund with respect to a project for construction of a publicly owned treatment works only if such project is on the State's priority list under section 216 of this Act without regard to the rank of such project on the State's priority list. ``(2) Eligibility of certain treatment works.--A treatment works shall be treated as a publicly owned treatment works for purposes of subsection (c) if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage.''. (h) Financially Distressed Communities.--Section 603 is amended by adding at the end the following: ``(i) Financially Distressed Communities.-- ``(1) Grants.-- ``(A) In general.--In any fiscal year in which the Administrator has available for obligation more than $1,400,000,000 for the purposes of this title, a State shall make grants to financially distressed communities in the State in an amount equal to 25 percent of the difference between-- ``(i) the total amount that would have been allotted to the State under section 604 for such fiscal year if the amount available to the Administrator for obligation under this title for such fiscal year had been equal to $1,400,000,000; and ``(ii) the total amount allotted to the State under section 604 for such fiscal year. ``(B) Period of availability.--Notwithstanding section 604(c), amounts to be used by a State under this paragraph for making grants to financially distressed communities shall remain available to the State until expended. ``(C) Certification.--A State may make a grant to a financially distressed community under this paragraph only if the community certifies to the State that the amounts of the grant will be used to improve water quality. ``(2) Priority for loans.--A State may give priority to a financially distressed community in making loans from its water pollution control revolving fund. ``(3) Financially distressed community defined.--In this section, the term `financially distressed community' means any community that meets affordability criteria established by the State in which the treatment works is located, if such criteria are developed after public review and comment. ``(4) Information to assist states.--The Administrator may publish information to assist States in establishing affordability criteria under paragraph (3).''. SEC. 5. ASSET MANAGEMENT. Title VI (33 U.S.C. 1381 et seq.) is amended-- (1) by redesignating section 607 as section 608; and (2) by inserting after section 606 the following: ``SEC. 607. ASSET MANAGEMENT. ``(a) In General.--The Administrator shall provide technical and financial assistance to owners and operators of publicly-owned treatment works for the following activities: ``(1) Performing an inventory of critical treatment works assets. ``(2) Evaluating the condition and performance of inventoried assets or asset groupings. ``(3) Developing a plan for maintaining, repairing, and replacing treatment works and for funding such activities. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2004 through 2008. Such sums shall remain available until expended.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 608, as redesignated by section 5 of this Act, is amended by striking paragraphs (1) through (5) and inserting the following: ``(1) $3,000,000,000 for fiscal year 2004; ``(2) $4,000,000,000 for fiscal year 2005; ``(3) $5,000,000,000 for fiscal year 2006; ``(4) $6,000,000,000 for fiscal year 2007; and ``(5) $7,000,000,000 for fiscal year 2008.''.

Clean Water Infrastructure Financing Act of 2003 - Amends the Federal Water Pollution Control Act to remove certain requirements for States with respect to construction of treatment works under capitalization grant agreements.Requires architectural and engineering contracts to be awarded consistent with procedures under the Federal Property and Administrative Services Act of 1949 or an equivalent State qualifications-based requirement.Directs the Administrator of the Environmental Protection Agency to assist States in establishing simplified procedures for small water systems to obtain assistance under the Act.Requires revolving funds to be used only for providing assistance for activities which have as a principal benefit the improvement or protection of water quality of navigable waters. Makes revisions concerning uses of funds for: (1) innovative technologies; (2) administrative expenses; (3) small system technical, planning, and management assistance; and (4) financially distressed communities.Revises requirements related to consistency with plans and eligibility of treatment works not considered publicly owned.Requires States to make grants to financially distressed communities in any fiscal year in which the Administrator has more than $1.4 billion available for obligation and allows a State to give priority to such communities in making loans.Directs the Administrator to provide technical and financial assistance to owners and operators of publicly-owned treatment works for: (1) inventorying critical treatment works assets; (2) evaluating the performance and condition of these assets; and (3) developing a plan for maintaining and replacing treatment works.Reauthorizes appropriations for FY 2004 through 2008 for the revolving fund program.

To amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control revolving funds, and for other purposes.

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

Three Kids Mine Remediation and Reclamation Act - Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, specified federal land within the Three Kids Mine Project Site for the environmental remediation and reclamation of the Site. Requires Henderson Redevelopment Agency to pay the fair market value, if any, of the federal land, as determined and as adjusted based on remediation and reclamation costs. Excludes from the determination of fair market value any existing contamination associated with historical mining on such land. Adjusts the boundary of the River Mountains Area of Critical Environmental Concern to exclude any part of the Project Site.

Three Kids Mine Remediation and Reclamation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Email Privacy Act''. SEC. 2. VOLUNTARY DISCLOSURE CORRECTIONS. (a) In General.--Section 2702 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``divulge'' and inserting ``disclose''; and (ii) by striking ``while in electronic storage by that service'' and inserting ``that is in electronic storage with or otherwise stored, held, or maintained by that service''; (B) in paragraph (2)-- (i) by striking ``to the public''; (ii) by striking ``divulge'' and inserting ``disclose''; and (iii) by striking ``which is carried or maintained on that service'' and inserting ``that is stored, held, or maintained by that service''; and (C) in paragraph (3)-- (i) by striking ``divulge'' and inserting ``disclose''; and (ii) by striking ``a provider of'' and inserting ``a person or entity providing''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by inserting ``wire or electronic'' before ``communication''; (B) by amending paragraph (1) to read as follows: ``(1) to an originator, addressee, or intended recipient of such communication, to the subscriber or customer on whose behalf the provider stores, holds, or maintains such communication, or to an agent of such addressee, intended recipient, subscriber, or customer;''; and (C) by amending paragraph (3) to read as follows: ``(3) with the lawful consent of the originator, addressee, or intended recipient of such communication, or of the subscriber or customer on whose behalf the provider stores, holds, or maintains such communication;''; (3) in subsection (c) by inserting ``wire or electronic'' before ``communications''; (4) in each of subsections (b) and (c), by striking ``divulge'' and inserting ``disclose''; and (5) in subsection (c), by amending paragraph (2) to read as follows: ``(2) with the lawful consent of the subscriber or customer;''. SEC. 3. AMENDMENTS TO REQUIRED DISCLOSURE SECTION. Section 2703 of title 18, United States Code, is amended-- (1) by striking subsections (a) through (c) and inserting the following: ``(a) Contents of Wire or Electronic Communications in Electronic Storage.--Except as provided in subsections (i) and (j), a governmental entity may require the disclosure by a provider of electronic communication service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by that service only if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that-- ``(1) is issued by a court of competent jurisdiction; and ``(2) may indicate the date by which the provider must make the disclosure to the governmental entity. In the absence of a date on the warrant indicating the date by which the provider must make disclosure to the governmental entity, the provider shall promptly respond to the warrant. ``(b) Contents of Wire or Electronic Communications in a Remote Computing Service.-- ``(1) In general.--Except as provided in subsections (i) and (j), a governmental entity may require the disclosure by a provider of remote computing service of the contents of a wire or electronic communication that is stored, held, or maintained by that service only if the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that-- ``(A) is issued by a court of competent jurisdiction; and ``(B) may indicate the date by which the provider must make the disclosure to the governmental entity. In the absence of a date on the warrant indicating the date by which the provider must make disclosure to the governmental entity, the provider shall promptly respond to the warrant. ``(2) Applicability.--Paragraph (1) is applicable with respect to any wire or electronic communication that is stored, held, or maintained by the provider-- ``(A) on behalf of, and received by means of electronic transmission from (or created by means of computer processing of communication received by means of electronic transmission from), a subscriber or customer of such remote computing service; and ``(B) solely for the purpose of providing storage or computer processing services to such subscriber or customer, if the provider is not authorized to access the contents of any such communications for purposes of providing any services other than storage or computer processing. ``(c) Records Concerning Electronic Communication Service or Remote Computing Service.-- ``(1) In general.--Except as provided in subsections (i) and (j), a governmental entity may require the disclosure by a provider of electronic communication service or remote computing service of a record or other information pertaining to a subscriber to or customer of such service (not including the contents of wire or electronic communications), only-- ``(A) if a governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) that-- ``(i) is issued by a court of competent jurisdiction directing the disclosure; and ``(ii) may indicate the date by which the provider must make the disclosure to the governmental entity; ``(B) if a governmental entity obtains a court order directing the disclosure under subsection (d); ``(C) with the lawful consent of the subscriber or customer; or ``(D) as otherwise authorized in paragraph (2). ``(2) Subscriber or customer information.--A provider of electronic communication service or remote computing service shall, in response to an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or any means available under paragraph (1), disclose to a governmental entity the-- ``(A) name; ``(B) address; ``(C) local and long distance telephone connection records, or records of session times and durations; ``(D) length of service (including start date) and types of service used; ``(E) telephone or instrument number or other subscriber or customer number or identity, including any temporarily assigned network address; and ``(F) means and source of payment for such service (including any credit card or bank account number), of a subscriber or customer of such service. ``(3) Notice not required.--A governmental entity that receives records or information under this subsection is not required to provide notice to a subscriber or customer.''; (2) in subsection (d)-- (A) by striking ``(b) or''; (B) by striking ``the contents of a wire or electronic communication, or''; (C) by striking ``sought,'' and inserting ``sought''; and (D) by striking ``section'' and inserting ``subsection''; and (3) by adding at the end the following: ``(h) Notice.--Except as provided in section 2705, a provider of electronic communication service or remote computing service may notify a subscriber or customer of a receipt of a warrant, court order, subpoena, or request under subsection (a), (b), (c), or (d) of this section. ``(i) Rule of Construction Related to Legal Process.--Nothing in this section or in section 2702 shall limit the authority of a governmental entity to use an administrative subpoena authorized by Federal or State statute, a grand jury, trial, or civil discovery subpoena, or a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction to-- ``(1) require an originator, addressee, or intended recipient of a wire or electronic communication to disclose a wire or electronic communication (including the contents of that communication) to the governmental entity; ``(2) require a person or entity that provides an electronic communication service to the officers, directors, employees, or agents of the person or entity (for the purpose of carrying out their duties) to disclose a wire or electronic communication (including the contents of that communication) to or from the person or entity itself or to or from an officer, director, employee, or agent of the entity to a governmental entity, if the wire or electronic communication is stored, held, or maintained on an electronic communications system owned, operated, or controlled by the person or entity; or ``(3) require a person or entity that provides a remote computing service or electronic communication service to disclose a wire or electronic communication (including the contents of that communication) that advertises or promotes a product or service and that has been made readily accessible to the general public. ``(j) Rule of Construction Related to Congressional Subpoenas.-- Nothing in this section or in section 2702 shall limit the power of inquiry vested in the Congress by article I of the Constitution of the United States, including the authority to compel the production of a wire or electronic communication (including the contents of a wire or electronic communication) that is stored, held, or maintained by a person or entity that provides remote computing service or electronic communication service.''. SEC. 4. DELAYED NOTICE. Section 2705 of title 18, United States Code, is amended to read as follows: ``Sec. 2705. Delayed notice ``(a) In General.--A governmental entity acting under section 2703 may apply to a court for an order directing a provider of electronic communication service or remote computing service to which a warrant, order, subpoena, or other directive under section 2703 is directed not to notify any other person of the existence of the warrant, order, subpoena, or other directive. ``(b) Determination.--A court shall grant a request for an order made under subsection (a) for delayed notification of up to 180 days if the court determines that there is reason to believe that notification of the existence of the warrant, order, subpoena, or other directive will likely result in-- ``(1) endangering the life or physical safety of an individual; ``(2) flight from prosecution; ``(3) destruction of or tampering with evidence; ``(4) intimidation of potential witnesses; or ``(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial. ``(c) Extension.--Upon request by a governmental entity, a court may grant one or more extensions, for periods of up to 180 days each, of an order granted in accordance with subsection (b).''. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or an amendment made by this Act shall be construed to preclude the acquisition by the United States Government of-- (1) the contents of a wire or electronic communication pursuant to other lawful authorities, including the authorities under chapter 119 of title 18 (commonly known as the ``Wiretap Act''), the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), or any other provision of Federal law not specifically amended by this Act; or (2) records or other information relating to a subscriber or customer of any electronic communication service or remote computing service (not including the content of such communications) pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter 119 of title 18 (commonly known as the ``Wiretap Act''), or any other provision of Federal law not specifically amended by this Act.

Email Privacy Act This bill amends the federal criminal code to revise provisions that limit an electronic communication service (ECS) or remote communication service (RCS) provider from disclosing the contents of a wire or electronic communication that is in electronic storage. Additionally, it revises the standards for the government to compel an ECS or RCS provider to disclose contents of a wire or electronic communication or noncontent records or information pertaining to a subscriber or customer. An ECS or RCS provider may notify a subscriber or customer of the receipt of a warrant, court order, subpoena, or request, unless the government obtains an order for delayed notification. The bill revises the process for obtaining a delayed notification order and lengthens the maximum duration of a delayed notification order.

Email Privacy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Marihuana And Regulatory Tolerance Enforcement Act''. SEC. 2. INAPPLICABILITY OF CONTROLLED SUBSTANCES ACT TO MARIHUANA IN CERTAIN STATES. (a) In General.--Part E of the Controlled Substances Act (21 U.S.C. 871 et seq.) is amended by adding at the end the following: ``SEC. 521. INAPPLICABILITY TO MARIHUANA IN CERTAIN STATES. ``(a) In General.--For the period described in subsection (c), this title shall not apply with respect to the production, manufacture, distribution, prescribing, dispensing, possession, and use of marihuana in a State if each of the following conditions is met: ``(1) The State submits a request to the Attorney General certifying that the State has legalized marihuana for recreational or medical use. ``(2) The request demonstrates, as determined by the Attorney General, that the State has, or will have, in effect a statewide regulatory regime for marihuana that is sufficient to protect Federal interests, including each of the following: ``(A) Preventing the distribution of marihuana to minors. ``(B) Preventing revenue from the sale of marihuana from going to criminal enterprises, gangs, and cartels. ``(C) Preventing the diversion of marihuana from States where the manufacture, distribution, dispensing, and possession of marihuana is legal to other States. ``(D) Preventing State-authorized marihuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity. ``(E) Preventing violence and the use of firearms in the cultivation and distribution of marihuana. ``(F) Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marihuana use. ``(G) Preventing the growing of marihuana on public lands and the attendant public safety and environmental dangers posed by marihuana production on public lands. ``(H) Preventing marihuana possession or use on Federal property. ``(I) Preventing distribution of tainted marihuana. ``(3) The State agrees to study and report annually to the Attorney General regarding outcomes of legalizing marihuana in the State on the following: ``(A) Youth marihuana use. ``(B) Rates of driving while intoxicated. ``(C) Diversion to other States. ``(D) Prevalence of drug-related organized crime activity. ``(b) Finding by Attorney General.-- ``(1) In general.--Not later than 90 days after receipt of a request under subsection (a), the Attorney General shall-- ``(A) issue a finding on whether the conditions listed in subsection (a) are met; and ``(B) if the Attorney General finds that such conditions are not met, include an explanation of the reasons why such conditions are not met. ``(2) Failure to issue a finding.--If the Attorney General fails to issue such a finding by the deadline specified in paragraph (1), the Attorney General is deemed to have found that the conditions listed in subsection (a) for the State involved are met, subject to the Attorney General's authority to revoke such a finding under subsection (e). ``(c) Duration of Period.--The period described in this subsection is, with respect to a State, the period of 3 years beginning on the effective date of the Attorney General's finding that the conditions listed in subsection (a) are met. A State may submit requests under subsection (a)(1) for subsequent, consecutive 3-year periods. ``(d) Effective Date.--The effective date of a finding under subsection (b)(1) that the conditions listed in subsection (a) are met with respect to a State shall be not sooner than the effective date of the State's regulatory regime required by subsection (a)(2). ``(e) Loss of Waiver.-- ``(1) In general.--The Attorney General may-- ``(A) continually review the production, manufacture, distribution, prescribing, dispensing, possession, and use of marihuana in a State with respect to which the Attorney General finds the conditions listed in subsection (a) are met; and ``(B) after providing notice and an opportunity to correct any failure to meet such conditions in accordance with paragraph (2), revoke such finding if the Attorney General finds that the conditions listed in subsection (a) are no longer met. ``(2) Notice; opportunity to correct.--If the Attorney General finds that the conditions listed in subsection (a) are no longer met, the Attorney General shall give the State involved-- ``(A) notice of such finding; and ``(B) a period of not less than 180 days to correct any failure to meet the conditions listed in subsection (a). ``(f) Rule of Construction.--Nothing in this section shall be construed to prohibit the Federal Government from providing assistance to a State (under Federal law other than this title) in the implementation or enforcement of State law relating to the production, manufacture, distribution, prescribing, dispensing, possession, or use of marihuana. ``(g) Definition.--In this section, the term `tainted' means containing microbes, pesticides, or controlled substances other than marihuana.''. (b) Clerical Amendment.--The table of contents at the beginning of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513) is amended by inserting at the end of the items relating to part E of title II the following new item: ``Sec. 521. Inapplicability to marihuana in certain States.''.

State Marihuana And Regulatory Tolerance Enforcement Act This bill amends the Controlled Substances Act to prohibit federal enforcement of marijuana offenses in a state that: (1) requests a waiver from the Department of Justice (DOJ) certifying that it legalized marijuana; (2) demonstrates a regulatory scheme sufficient to protect federal interests (e.g., preventing marijuana distribution to minors); and (3) agrees to study and report on certain outcomes. DOJ may revoke the waiver of a state that fails to meets the conditions.  

State Marihuana And Regulatory Tolerance Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telemarketing Intrusive Practices Act of 2001''. SEC. 2. DEFINITIONS. In this Act: (1) Caller identification service or device.--The term ``caller identification service or device'' means a telephone service or device that permits a consumer to see the telephone number of an incoming call. (2) Chairman.--The term ``Chairman'' means the Chairman of the Federal Trade Commission. (3) Commission.--The term ``Commission'' means the Federal Trade Commission. (4) Consumer.--The term ``consumer'' means an individual who is an actual or prospective purchaser, lessee, or recipient of consumer goods or services. (5) Consumer goods or services.--The term ``consumer good or service'' means an article or service that is purchased, leased, exchanged, or received primarily for personal, family, or household purposes, including stocks, bonds, mutual funds, annuities, and other financial products. (6) Marketing or sales solicitation.-- (A) In general.--The term ``marketing or sales solicitation'' means the initiation of a telephone call or message to encourage the purchase of, rental of, or investment in, property, goods, or services, that is transmitted to a person. (B) Exception.--The term does not include a call or message-- (i) to a person with the prior express invitation or permission of that person; (ii) by a tax-exempt nonprofit organization; (iii) on behalf of a political candidate or political party; or (iv) to promote the success or defeat of a referendum question. (7) State.--The term ``State'' means each of the several States of the United States and the District of Columbia. (8) Telephone sales call.-- (A) In general.--The term ``telephone sales call'' means a call made by a telephone solicitor to a consumer for the purpose of-- (i) engaging in a marketing or sales solicitation; (ii) soliciting an extension of credit for consumer goods or services; or (iii) obtaining information that will or may be used for the direct marketing or sales solicitation or exchange of or extension of credit for consumer goods or services. (B) Exception.--The term does not include a call made-- (i) in response to an express request of the person called; or (ii) primarily in connection with an existing debt or contract, payment, or performance that has not been completed at the time of the call. (9) Telephone solicitor.--The term ``telephone solicitor'' means an individual, association, corporation, partnership, limited partnership, limited liability company or other business entity, or a subsidiary or affiliate thereof, that does business in the United States and makes or causes to be made a telephone sales call. SEC. 3. FEDERAL TRADE COMMISSION NO CALL LIST. (a) In General.--The Commission shall-- (1) establish and maintain a list for each State, of consumers who request not to receive telephone sales calls; and (2) provide notice to consumers of the establishment of the lists. (b) State Contract.--The Commission may contract with a State to establish and maintain the lists. (c) Private Contract.--The Commission may contract with a private vendor to establish and maintain the lists if the private vendor has maintained a national listing of consumers who request not to receive telephone sales calls, for not less than 2 years, or is otherwise determined by the Commission to be qualified. (d) Consumer Responsibility.-- (1) Inclusion on list.--Except as provided in subsection (d)(2), a consumer who wishes to be included on a list established under subsection (a) shall notify the Commission in such manner as the Chairman may prescribe to maximize the consumer's opportunity to be included on that list. (2) Deletion from list.--Information about a consumer shall be deleted from a list upon the written request of the consumer. (e) Update.--The Commission shall-- (1) update the lists maintained by the Commission not less than quarterly with information the Commission receives from consumers; and (2) annually request a no call list from each State that maintains a no call list and update the lists maintained by the Commission at that time to ensure that the lists maintained by the Commission contain the same information contained in the no call lists maintained by individual States. (f) Fees.--The Commission may charge a reasonable fee for providing a list. (g) Availability.-- (1) In general.--The Commission shall make a list available only to a telephone solicitor. (2) Format.--The list shall be made available in printed or electronic format, or both, at the discretion of the Chairman. SEC. 4. TELEPHONE SOLICITOR NO CALL LIST. (a) In General.--A telephone solicitor shall maintain a list of consumers who request not to receive telephone sales calls from that particular telephone solicitor. (b) Procedure.--If a consumer receives a telephone sales call and requests to be placed on the do not call list of that telephone solicitor, the solicitor shall-- (1) place the consumer on the no call list of the solicitor; and (2) provide the consumer with a confirmation number which shall provide confirmation of the request of the consumer to be placed on the no call list of that telephone solicitor. SEC. 5. TELEPHONE SOLICITATIONS. (a) Telephone Sales Call.--A telephone solicitor may not make or cause to be made a telephone sales call to a consumer-- (1) if the name and telephone number of the consumer appear in the then current quarterly lists made available by the Commission under section 3; (2) if the consumer previously requested to be placed on the do not call list of the telephone solicitor pursuant to section 4; (3) to be received between the hours of nine o'clock p.m. and nine o'clock a.m. and between five o'clock p.m. and seven o'clock p.m., local time, at the location of the consumer; (4) in the form of an electronically transmitted facsimile; or (5) by use of an automated dialing or recorded message device. (b) Caller Identification Device.--A telephone solicitor shall not knowingly use any method to block or otherwise circumvent the use of a caller identification service or device by a consumer. (c) Sale of Consumer Information to Telephone Solicitors.-- (1) In general.--A person who obtains the name, residential address, or telephone number of a consumer from a published telephone directory or from any other source and republishes or compiles that information, electronically or otherwise, and sells or offers to sell that publication or compilation to a telephone solicitor for marketing or sales solicitation purposes, shall exclude from that publication or compilation, and from the database used to prepare that publication or compilation, the name, address, and telephone number of a consumer if the name and telephone number of the consumer appear in the then current quarterly list made available by the Commission under section 3. (2) Exception.--This subsection does not apply to a publisher of a telephone directory when a consumer is called for the sole purpose of compiling, publishing, or distributing a telephone directory intended for use by the general public. SEC. 6. REGULATIONS. The Chairman may adopt regulations to carry out this Act that shall include-- (1) provisions governing the availability and distribution of the lists established under section 3; (2) notice requirements for a consumer who requests to be included on the lists established under section 3; and (3) a schedule for the payment of fees to be paid by a person who requests a list made available under section 3. SEC. 7. CIVIL CAUSE OF ACTION. (a) Action by Commission.-- (1) Unfair or deceptive trade practice.--A violation of section 4 or 5 is an unfair or deceptive trade practice under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (2) Cumulative damages.--In a civil action brought by the Commission under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to recover damages arising from more than one alleged violation, the damages shall be cumulative. (b) Private Right of Action.-- (1) In general.--A person or entity may, if otherwise permitted by the laws or the rules of court of a State, bring in an appropriate court of that State-- (A) an action based on a violation of section 4, 5, or 6 to enjoin the violation; (B) an action to recover for actual monetary loss from a violation of section 4, 5, or 6, or to receive $500 in damages for each violation, whichever is greater; or (C) an action under paragraphs (1) and (2). (2) Willful violation.--If the court finds that the defendant willfully or knowingly violated section 4, 5, or 6, the court may, in the discretion of the court, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph (1)(B) of this subsection and to include reasonable attorney's fees. SEC. 8. EFFECT ON STATE LAW. Nothing in this Act shall be construed to prohibit a State from enacting or enforcing more stringent legislation in the regulation of telephone solicitors. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as necessary to carry out the provisions of this Act.

Telemarketing Intrusive Practices Act of 2001 - Directs the Federal Trade Commission to: (1) establish, maintain, and periodically update for each State a list of consumers who request not to receive telephone sales calls; and (2) notify consumers of the establishment of the lists.Makes the consumer responsible for requesting the Commission to be included on such list.Mandates: (1) deletion of consumer information from such list upon consumer request; and (2) maintenance of a no call list by a telephone solicitor.Prohibits telephone solicitations to a consumer: (1) who has previously requested inclusion in the solicitor's no-call list; (2) who is included in the then current quarterly lists made available by the Commission; and (3) between specified evening hours.Provides for a civil cause of action by the Commission, and a private right of action by a person or entity, for violations of this Act.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent All Soring Tactics Act of 2013'' or the ``PAST Act''. SEC. 2. INCREASED ENFORCEMENT UNDER HORSE PROTECTION ACT. (a) Definitions.--Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended-- (1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: ``(1)(A) The term `action device' means any boot, collar, chain, roller, or other device that encircles or is placed upon the lower extremity of the leg of a horse in such a manner that it can-- ``(i) rotate around the leg or slide up and down the leg, so as to cause friction; or ``(ii) strike the hoof, coronet band, fetlock joint, or pastern of the horse. ``(B) Such term does not include soft rubber or soft leather bell boots or quarter boots that are used as protective devices.''; and (3) by adding at the end the following new paragraph: ``(6)(A) The term `participate' means engaging in any activity with respect to a horse show, horse exhibition, or horse sale or auction, including-- ``(i) transporting or arranging for the transportation of a horse to or from a horse show, horse exhibition, or horse sale or auction; ``(ii) personally giving instructions to an exhibitor; or ``(iii) being knowingly present in a warm-up area, inspection area, or other area at a horse show, horse exhibition, or horse sale or auction that spectators are not permitted to enter. ``(B) Such term does not include spectating.''. (b) Findings.--Section 3 of the Horse Protection Act (15 U.S.C. 1822) is amended-- (1) in paragraph (3)-- (A) by inserting ``and soring horses for such purposes'' after ``horses in intrastate commerce,''; and (B) by inserting ``in many ways, including by creating unfair competition, by deceiving the spectating public and horse buyers, and by negatively impacting horse sales'' before the semicolon; (2) in paragraph (4), by striking ``and'' at the end; (3) in paragraph (5), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new paragraphs: ``(6) the Inspector General of the Department of Agriculture has determined that the program through which the Secretary inspects horses is inadequate for preventing soring; ``(7) historically, Tennessee Walking Horses, Racking Horses, and Spotted Saddle Horses have been subjected to soring; and ``(8) despite regulations in effect related to inspection for purposes of ensuring that horses are not sore, violations of this Act continue to be prevalent in the Tennessee Walking Horse, Racking Horse, and Spotted Saddle Horse breeds.''. (c) Horse Shows and Exhibitions.--Section 4 of the Horse Protection Act (15 U.S.C. 1823) is amended-- (1) in subsection (a)-- (A) by striking ``appointed'' and inserting ``licensed''; and (B) by adding at the end the following new sentences: ``In the first instance in which the Secretary determines that a horse is sore, the Secretary shall disqualify the horse from being shown or exhibited for a period of not less than 180 days. In the second instance in which the Secretary determines that such horse is sore, the Secretary shall disqualify the horse for a period of not less than one year. In the third instance in which the Secretary determines that such horse is sore, the Secretary shall disqualify the horse for a period of not less than three years.''; (2) in subsection (b) by striking ``appointed'' and inserting ``licensed''; (3) by striking subsection (c) and inserting the following new subsection: ``(c)(1)(A) The Secretary shall prescribe by regulation requirements for the Department of Agriculture to license, train, assign, and oversee persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses at horse shows, horse exhibitions, or horse sales or auctions, for hire by the management of such events, for the purposes of enforcing this Act. ``(B) No person shall be issued a license under this subsection unless such person is free from conflicts of interest, as defined by the Secretary in the regulations issued under subparagraph (A). ``(C) If the Secretary determines that the performance of a person licensed in accordance with subparagraph (A) is unsatisfactory, the Secretary may, after notice and an opportunity for a hearing, revoke the license issued to such person. ``(D) In issuing licenses under this subsection, the Secretary shall give a preference to persons who are licensed or accredited veterinarians. ``(E) Licensure of a person in accordance with the requirements prescribed under this subsection shall not be construed as authorizing such person to conduct inspections in a manner other than that prescribed for inspections by the Secretary (or the Secretary's representative) under subsection (e). ``(2)(A) Not later than 30 days before the date on which a horse show, horse exhibition, or horse sale or auction begins, the management of such show, exhibition, or sale or auction may notify the Secretary of the intent of the management to hire a person or persons licensed under this subsection and assigned by the Secretary to conduct inspections at such show, exhibition, or sale or auction. ``(B) After such notification, the Secretary shall assign a person or persons licensed under this subsection to conduct inspections at the horse show, horse exhibition, or horse sale or auction. ``(3) A person licensed by the Secretary to conduct inspections under this subsection shall issue a citation with respect to any violation of this Act recorded during an inspection and notify the Secretary of each such violation not later than five days after the date on which a citation was issued with respect to such violation.''; and (4) by adding at the end the following new subsection: ``(f) The Secretary shall publish on the public website of the Animal and Plant Health Inspection Service of the Department of Agriculture, and update as frequently as the Secretary determines is necessary, information on violations of this Act for the purposes of allowing the management of a horse show, horse exhibition, or horse sale or auction to determine if an individual is in violation of this Act.''. (d) Unlawful Acts.--Section 5 of the Horse Protection Act (15 U.S.C. 1824) is amended-- (1) in paragraph (2)-- (A) by striking ``or (C) respecting'' and inserting ``(C), or (D) respecting''; and (B) by striking ``and (D)'' and inserting ``(D) causing a horse to become sore or directing another person to cause a horse to become sore for the purpose of showing, exhibiting, selling, auctioning, or offering for sale the horse in any horse show, horse exhibition, or horse sale or auction, and (E)''; (2) in paragraph (3), by striking ``appoint'' and inserting ``hire''; (3) in paragraph (4)-- (A) by striking ``appoint'' and inserting ``hire''; and (B) by striking ``qualified''; (4) in paragraph (5), by striking ``appointed'' and inserting ``hired''; (5) in paragraph (6)-- (A) by striking ``appointed'' and inserting ``hired''; and (B) by inserting ``that the horse is sore'' after ``the Secretary''; and (6) by adding at the end the following new paragraphs: ``(12) The use of an action device on any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse at a horse show, horse exhibition, or horse sale or auction. ``(13) The use of a weighted shoe, pad, wedge, hoof band, or other device or material at a horse show, horse exhibition, or horse sale or auction that-- ``(A) is placed on, inserted in, or attached to any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse; ``(B) is constructed to artificially alter the gait of such a horse; and ``(C) is not strictly protective or therapeutic in nature.''. (e) Violations and Penalties.--Section 6 of the Horse Protection Act (15 U.S.C. 1825) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``Except as provided in paragraph (2) of this subsection, any person who knowingly violates section 5'' and inserting ``Any person who knowingly violates section 5 or the regulations issued under such section, including any violation recorded during an inspection conducted in accordance with section 4(c) or 4(e)''; and (ii) by striking ``more than $3,000, or imprisoned for not more than one year, or both.'' and inserting ``more than $5,000, or imprisoned for not more than three years, or both, for each such violation.''; (B) in paragraph (2)-- (i) by striking subparagraph (A); (ii) by striking ``(2)''; and (iii) by redesignating subparagraphs (B) and (C) as paragraphs (2) and (3), respectively, and moving the margins of such paragraphs (as so redesignated) two ems to the left; and (C) by adding at the end the following new paragraph: ``(4) Any person who knowingly fails to obey an order of disqualification shall, upon conviction thereof, be fined not more than $5,000 for each failure to obey such an order, imprisoned for not more than three years, or both.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``section 5 of this Act'' and inserting ``section 5 or the regulations issued under such section''; and (ii) by striking ``$2,000'' and inserting ``$4,000''; and (B) by adding at the end the following new paragraph: ``(5) Any person who fails to pay a licensed inspector hired under section 4(c) shall, upon conviction thereof, be fined not more than $4,000 for each such violation.''; and (3) in subsection (c)-- (A) in the first sentence-- (i) by inserting ``, or otherwise participating in any horse show, horse exhibition, or horse sale or auction'' before ``for a period of not less than one year''; and (ii) by striking ``any subsequent'' and inserting ``the second''; (B) by inserting before ``Any person who knowingly fails'' the following: ``For the third or any subsequent violation, a person may be permanently disqualified by order of the Secretary, after notice and an opportunity for a hearing before the Secretary, from showing or exhibiting any horse, judging or managing any horse show, horse exhibition, or horse sale or auction, or otherwise participating in, including financing the participation of other individuals in, any horse show, horse exhibition, or horse sale or auction (regardless of whether walking horses are shown, exhibited, sold, auctioned, or offered for sale at the horse show, horse exhibition, or horse sale or auction).''; and (C) by striking ``$3,000'' each place it appears and inserting ``$5,000''. (f) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendments made by this section, including regulations prescribing the requirements under subsection (c) of section 4 of the Horse Protection Act (15 U.S.C. 1823), as amended by subsection (c)(3). (g) Severability.--If any provision of this Act or any amendment made by this Act, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding.

Prevent All Soring Tactics Act of 2013 or the PAST Act - Amends the Horse Protection Act (HPA) to replace the Designated Qualified Persons program responsible for inspecting horses for soring with a new inspection system. (The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness.) Directs the Department of Agriculture (USDA) to prescribe regulatory requirements to license, train, assign, and oversee persons who are to be hired by the management of horse shows, exhibitions, sales, or auctions and are qualified to detect and diagnose sore horses or otherwise inspect horses at such events. Prohibits issuing a license to any person unless such person is free from conflicts of interest. Authorizes USDA to revoke a license for unsatisfactory performance. Requires USDA to give a preference to persons who are licensed or accredited veterinarians in issuing the licenses. Requires USDA to assign USDA-licensed inspectors after receiving notice that management intends to hire the inspectors. Directs an inspector to issue a citation for violations and notify USDA of the violations within five days of the citation being issued. Requires USDA to: (1) publish on the Animal and Plant Health Inspection Service's website information on violations of such Act; and (2) disqualify a horse that is sore for specified time periods that increase after the first, second, and third instance. Prohibits a person in any horse show, horse exhibition, or horse sale or auction from causing or directing a horse to become sore for the purpose of showing, exhibiting, selling, auctioning, or offering for sale the horse. Prohibits showing, exhibiting, selling, or auctioning a Tennessee Walking, a Racking, or a Spotted Saddle horse with: (1) an action device that causes friction by rotating around a horse's leg or sliding up and down the leg or strikes the hoof, coronet band, fetlock joint, or pastern of the horse; or (2) a weighted shoe, pad, wedge, hoof band, or other device or material if it is constructed to artificially alter a horse's gait and is not strictly protective or therapeutic. Increases the maximum criminal penalties and maximum civil liability penalties for certain HPA violations. Authorizes USDA to disqualify a violator from: (1) transporting or arranging for the transportation of a horse to or from a show, exhibition, sale, or auction; (2) personally giving instructions to an exhibitor; or (3) being knowingly present in a warm-up area, inspection area, or other area that spectators are not permitted. Permits USDA to permanently disqualify a person with at least three violations after notice and an opportunity for a hearing.

PAST Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment in America Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Research and development performed in the United States results in quality jobs, better and safer products, increased ownership of technology-based intellectual property, and higher productivity in the United States. (2) The extent to which companies perform and increase research and development activities in the United States is in part dependent on Federal tax policy. (3) Congress should make permanent a research and development credit that provides a meaningful incentive to all types of taxpayers. SEC. 3. PERMANENT EXTENSION OF RESEARCH CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 4. INCREASE IN RATES OF ALTERNATIVE INCREMENTAL CREDIT. (a) In General.--Subparagraph (A) of section 41(c)(4) of the Internal Revenue Code of 1986 (relating to election of alternative incremental credit) is amended-- (1) by striking ``2.65 percent'' and inserting ``3 percent'', (2) by striking ``3.2 percent'' and inserting ``4 percent'', and (3) by striking ``3.75 percent'' and inserting ``5 percent''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 5. ALTERNATIVE SIMPLIFIED CREDIT FOR QUALIFIED RESEARCH EXPENSES. (a) In General.--Subsection (c) of section 41 of the Internal Revenue Code of 1986 (relating to base amount) is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (4) the following new paragraph: ``(5) Election of alternative simplified credit.-- ``(A) In general.--At the election of the taxpayer, the credit determined under subsection (a)(1) shall be equal to 12 percent of so much of the qualified research expenses for the taxable year as exceeds 50 percent of the average qualified research expenses for the 3 taxable years preceding the taxable year for which the credit is being determined. ``(B) Special rule in case of no qualified research expenses in any of 3 preceding taxable years.-- ``(i) Taxpayers to which subparagraph applies.--The credit under this paragraph shall be determined under this subparagraph if the taxpayer has no qualified research expenses in any 1 of the 3 taxable years preceding the taxable year for which the credit is being determined. ``(ii) Credit rate.--The credit determined under this subparagraph shall be equal to 6 percent of the qualified research expenses for the taxable year. ``(C) Election.--An election under this paragraph shall apply to the taxable year for which made and all succeeding taxable years unless revoked with the consent of the Secretary. An election under this paragraph may not be made for any taxable year to which an election under paragraph (4) applies.''. (b) Coordination With Election of Alternative Incremental Credit.-- (1) In general.--Section 41(c)(4)(B) of the Internal Revenue Code of 1986 (relating to election) is amended by adding at the end the following: ``An election under this paragraph may not be made for any taxable year to which an election under paragraph (5) applies.''. (2) Transition rule.--In the case of an election under section 41(c)(4) of the Internal Revenue Code of 1986 which applies to the taxable year which includes the date of the enactment of this Act, such election shall be treated as revoked with the consent of the Secretary of the Treasury if the taxpayer makes an election under section 41(c)(5) of such Code (as added by subsection (a)) for such year. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.

Investment in America Act of 2005 - Amends the Internal Revenue Code to: (1) make permanent the tax credit for increasing research activities; (2) increase the rates of the alternative incremental credit for certain research expenses; and (3) permit a taxpayer election of an alternative simplified tax credit for research expenses in lieu of the standard tax credit for increasing research activities.

A bill to amend the Internal Revenue Code of 1986 to permanently extend the research credit, to increase the rates of the alternative incremental credit, and to provide an alternative simplified credit for qualified research expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Redress Act of 2015''. SEC. 2. EXTENSION OF PRIVACY ACT REMEDIES TO CITIZENS OF DESIGNATED COUNTRIES. (a) Civil Action; Civil Remedies.--With respect to covered records, a covered person may bring a civil action against an agency and obtain civil remedies, in the same manner, to the same extent, and subject to the same limitations, including exemptions and exceptions, as an individual may bring and obtain with respect to records under-- (1) section 552a(g)(1)(D) of title 5, United States Code, but only with respect to disclosures intentionally or willfully made in violation of section 552a(b) of such title; and (2) subparagraphs (A) and (B) of section 552a(g)(1) of title 5, United States Code, but such an action may only be brought against a designated Federal agency or component. (b) Exclusive Remedies.--The remedies set forth in subsection (a) are the exclusive remedies available to a covered person under this section. (c) Application of the Privacy Act With Respect to a Covered Person.--For purposes of a civil action described in subsection (a), a covered person shall have the same rights, and be subject to the same limitations, including exemptions and exceptions, as an individual has and is subject to under section 552a of title 5, United States Code, when pursuing the civil remedies described in paragraphs (1) and (2) of subsection (a). (d) Designation of Covered Country.-- (1) In general.--The Attorney General may, with the concurrence of the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security, designate a foreign country or regional economic integration organization, or member country of such organization, as a ``covered country'' for purposes of this section if-- (A) the country or regional economic integration organization, or member country of such organization, has entered into an agreement with the United States that provides for appropriate privacy protections for information shared for the purpose of preventing, investigating, detecting, or prosecuting criminal offenses; or (B) the Attorney General has determined that the country or regional economic integration organization, or member country of such organization, has effectively shared information with the United States for the purpose of preventing, investigating, detecting, or prosecuting criminal offenses and has appropriate privacy protections for such shared information. (2) Removal of designation.--The Attorney General may, with the concurrence of the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security, revoke the designation of a foreign country or regional economic integration organization, or member country of such organization, as a ``covered country'' if the Attorney General determines that such designated ``covered country''-- (A) is not complying with the agreement described under paragraph (1)(A); (B) no longer meets the requirements for designation under paragraph (1)(B); or (C) impedes the transfer of information (for purposes of reporting or preventing unlawful activity) to the United States by a private entity or person. (e) Designation of Designated Federal Agency or Component.-- (1) In general.--The Attorney General shall determine whether an agency or component thereof is a ``designated Federal agency or component'' for purposes of this section. The Attorney General shall not designate any agency or component thereof other than the Department of Justice or a component of the Department of Justice without the concurrence of the head of the relevant agency, or of the agency to which the component belongs. (2) Requirements for designation.--The Attorney General may determine that an agency or component of an agency is a ``designated Federal agency or component'' for purposes of this section, if-- (A) the Attorney General determines that information exchanged by such agency with a covered country is within the scope of an agreement referred to in subsection (d)(1)(A); or (B) with respect to a country or regional economic integration organization, or member country of such organization, that has been designated as a ``covered country'' under subsection (d)(1)(B), the Attorney General determines that designating such agency or component thereof is in the law enforcement interests of the United States. (f) Federal Register Requirement; Nonreviewable Determination.--The Attorney General shall publish each determination made under subsections (d) and (e). Such determination shall not be subject to judicial or administrative review. (g) Jurisdiction.--The United States District Court for the District of Columbia shall have exclusive jurisdiction over any claim arising under this section. (h) Definitions.--In this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 552(f) of title 5, United States Code. (2) Covered country.--The term ``covered country'' means a country or regional economic integration organization, or member country of such organization, designated in accordance with subsection (d). (3) Covered person.--The term ``covered person'' means a natural person (other than an individual) who is a citizen of a covered country. (4) Covered record.--The term ``covered record'' has the same meaning for a covered person as a record has for an individual under section 552a of title 5, United States Code, once the covered record is transferred-- (A) by a public authority of, or private entity within, a country or regional economic organization, or member country of such organization, which at the time the record is transferred is a covered country; and (B) to a designated Federal agency or component for purposes of preventing, investigating, detecting, or prosecuting criminal offenses. (5) Designated federal agency or component.--The term ``designated Federal agency or component'' means a Federal agency or component of an agency designated in accordance with subsection (e). (6) Individual.--The term ``individual'' has the meaning given that term in section 552a(a)(2) of title 5, United States Code. (i) Preservation of Privileges.--Nothing in this section shall be construed to waive any applicable privilege or require the disclosure of classified information. Upon an agency's request, the district court shall review in camera and ex parte any submission by the agency in connection with this subsection. (j) Effective Date.--This Act shall take effect 90 days after the date of the enactment of this Act.

Judicial Redress Act of 2015 Authorizes the Department of Justice (DOJ) to designate foreign countries or regional economic integration organizations whose natural citizens may bring civil actions under the Privacy Act of 1974 against certain U.S. government agencies for purposes of accessing, amending, or redressing unlawful disclosures of records maintained by an agency. Allows DOJ, with the concurrence of the Department of State, the Department of the Treasury, and the Department of Homeland Security, to designate countries or organizations whose citizens may pursue such civil remedies if the person's country or organization has appropriate privacy protections for sharing information with the United States to prevent, investigate, detect, or prosecute criminal offenses. Exempts DOJ's designations from judicial or administrative review. Grants the U.S. District Court for the District of Columbia exclusive jurisdiction over any claim arising under this Act.

Judicial Redress Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Sabbatical Leave Grants Act''. SEC. 2. GRANTS TO ENCOURAGE USE OF SABBATICAL LEAVE FOR PROFESSIONAL DEVELOPMENT. (a) In General.--Part B of title II of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``SEC. 2212. GRANTS FOR SALARY DURING SABBATICAL LEAVE. ``(a) Program Authorized.--The Secretary may make grants to State educational agencies and local educational agencies to pay such agencies for one-half of the amount of the salary that otherwise would be earned by an eligible teacher described in subsection (b), if, in lieu of fulfilling the teacher's ordinary teaching assignment, the teacher completes a course of study described in subsection (c) during a sabbatical term described in subsection (d). ``(b) Eligible Teachers.--An eligible teacher described in this subsection is a teacher who-- ``(1) is employed by an agency receiving a grant under this section to provide classroom instruction to children at an elementary or secondary school that provides free public education; ``(2) has secured from such agency, and any other person or agency whose approval is required under State law, approval to take sabbatical leave for a sabbatical term described in subsection (d); ``(3) has submitted to the agency an application for a subgrant at such time, in such manner, and containing such information as the agency may require, including-- ``(A) written proof-- ``(i) of the approval described in paragraph (2); and ``(ii) of the teacher's having been accepted for enrollment in a course of study described in subsection (c); and ``(B) assurances that the teacher-- ``(i) will notify the agency in writing within a reasonable time if the teacher terminates enrollment in the course of study described in subsection (c) for any reason; ``(ii) in the discretion of the agency, will reimburse to the agency some or all of the amount of the subgrant if the teacher fails to complete the course of study; and ``(iii) otherwise will provide the agency with proof of having completed such course of study not later than 60 days after such completion; and ``(4) has been selected by the agency to receive a subgrant based on the agency's plan for meeting its classroom needs. ``(c) Course of Study.--A course of study described in this subsection is a course of study at an institution of higher education that-- ``(1) requires not less than one academic semester and not more than one academic year to complete; ``(2) is open for enrollment for professional development purposes to an eligible teacher described in subsection (b); and ``(3) is designed to improve the classroom teaching of such teachers through academic and child development studies. ``(d) Sabbatical Term.--A sabbatical term described in this subsection is a leave of absence from teaching duties granted to an eligible teacher for not less than one academic semester and not more than one academic year, during which period the teacher receives-- ``(1) one-half of the amount of the salary that otherwise would be earned by the teacher, if the teacher had not been granted a leave of absence, from State or local funds made available by a State educational agency or a local educational agency; and ``(2) one-half of such amount from Federal funds received by such agency through a grant under this section. ``(e) Payments.-- ``(1) To eligible teachers.--In making a subgrant to an eligible teacher under this section, a State educational agency or a local educational agency shall agree to pay the teacher, for tax and administrative purposes, as if the teacher's regular employment and teaching duties had not been suspended. ``(2) Repayment of secretary.--A State educational agency or a local educational agency receiving a grant under this section shall agree to pay over to the Secretary the Federal share of any amount recovered by the agency pursuant to subsection (b)(3)(B)(ii). ``(f) Funding.--For the purpose of carrying out this section, there are authorized to be appropriated $200,000,000 for fiscal year 2002 and such sums as may be necessary for fiscal years 2003 through 2006. Such sums shall be in addition to the amount authorized to be appropriated to carry out this part under section 2003.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect beginning with fiscal year 2002.

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

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

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) Section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204) as enacted on December 22, 1987, shall have the full force and effect of law, and shall apply notwithstanding any waiver or suspension of such section that was authorized or exercised subsequent to December 22, 1987. (B) For purposes of such section, the term ``Palestine Liberation Organization or any of its constituent groups, any successor to any of those, or any agents thereof'' shall include the Palestinian Authority and the government of any unilaterally declared Palestinian state. (C) 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 each 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 such suspension is in the national security interest of the United States. 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. Passed the House of Representatives September 27, 2000. Attest: JEFF TRANDAHL, Clerk. 106th CONGRESS 2d Session H. R. 5272 _______________________________________________________________________ AN ACT To provide for a United States response in the event of a unilateral declaration of a Palestinian state. _______________________________________________________________________ September 28 (legislative day, September 22), 2000 Read the first time

Sets forth certain measures that shall be applied in the event that a Palestinian state is unilaterally declared, including: (1) the enforcement of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204) calling for certain prohibitions regarding the Palestine Liberation Organization (PLO) such as prohibiting the establishment of a PLO office in the United States; (2) the prohibition 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) the withholding of a specified percentage of the U.S. contribution to any international organization that recognizes a unilaterally declared Palestinian state; and (4) U.S. opposition to 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, a number of the requirements under this Act if he determines and certifies to specified congressional committees that it is in the national security interest of the United States.

Peace Through Negotiations Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Outreach Improvement Act of 2007''. SEC. 2. IMPROVEMENT OF OUTREACH ACTIVITIES WITHIN DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 5 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER IV--OUTREACH ACTIVITIES ``Sec. 561. Outreach activities: coordination of activities within the Department ``(a) Coordination Procedures.--The Secretary shall establish and maintain procedures for ensuring the effective coordination of the outreach activities of the Department between and among the following: ``(1) The Office of the Secretary. ``(2) The Office of Public Affairs. ``(3) The Veterans Health Administration. ``(4) The Veterans Benefits Administration. ``(5) The National Cemetery Administration. ``(b) Annual Review of Procedures.--The Secretary shall-- ``(1) annually review the procedures in effect under subsection (a) for the purpose of ensuring that those procedures meet the requirements of that subsection; and ``(2) make such modifications to those procedures as the Secretary considers appropriate in light of such review in order to better achieve that purpose. ``Sec. 562. Outreach activities: cooperative activities with States; grants to States for improvement of outreach ``(a) Purpose.--It is the purpose of this section to provide for assistance by the Secretary to State and county veterans agencies to carry out programs in locations within the respective jurisdictions of such agencies that offer a high probability of improving outreach and assistance to veterans, and to the spouses, children, and parents of veterans, to ensure that such individuals are fully informed about, and assisted in applying for, any veterans' and veterans-related benefits and programs (including State veterans' programs) for which they may be eligible. ``(b) Priority for Areas With High Concentration of Eligible Individuals.--In providing assistance under this section, the Secretary shall give priority to State and county veteran agencies in locations-- ``(1) that have relatively large concentrations of populations of veterans and other individuals referred to in subsection (a); or ``(2) that are experiencing growth in the population of veterans and other individuals referred to in subsection (a). ``(c) Contracts for Outreach Services.--The Secretary may enter into a contract with a State or county veterans agency in order to carry out, coordinate, improve, or otherwise enhance outreach by the Department and the State or county (including outreach with respect to a State or county veterans program). As a condition of entering into any such contract, the Secretary shall require the agency to submit annually to the Secretary a three-year plan for the use of any funds provided to the agency pursuant to the contract and to meet the annual outcome measures developed by the Secretary under subsection (d)(4). ``(d) Grants.--(1) The Secretary may make a grant to a State or county veterans agency to be used to carry out, coordinate, improve, or otherwise enhance-- ``(A) outreach activities, including activities carried out pursuant to a contract entered into under subsection (c); and ``(B) activities to assist in the development and submittal of claims for veterans and veterans-related benefits, including activities carried out pursuant to a contract entered into under subsection (c). ``(2) A State veterans agency that receives a grant under this subsection may award all or a portion of the grant to county veterans agencies within the State to provide outreach services for veterans, on the basis of the number of veterans residing in the jurisdiction of each county. ``(3) To be eligible for a grant under this subsection, a State or county veterans agency shall submit to the Secretary an application containing such information and assurances as the Secretary may require. The Secretary shall require a State or county veterans agency to include, as part of the agency's application-- ``(A) a three-year plan for the use of the grant; and ``(B) a description of the programs through which the agency will meet the annual outcome measures developed by the Secretary under paragraph (4). ``(4)(A) The Secretary shall develop and provide to the recipient of a grant under this subsection written guidance on annual outcome measures, Department policies, and procedures for applying for grants under this section. ``(B) The Secretary shall annually review the performance of each State or county veterans agency that receives a grant under this section. ``(C) In the case of a State or county veterans agency that is a recipient of a grant under this subsection that does not meet the annual outcome measures developed by the Secretary, the Secretary shall require the agency to submit a remediation plan under which the agency shall describe how and when it plans to meet such outcome measures. The Secretary must approve such plan before the Secretary may make a subsequent grant to that agency under this subsection. ``(5) No portion of any grant awarded under this subsection may be used for the purposes of administering the grant funds or to subsidize the salaries of State or county veterans service officers or other employees of a State or county veterans agency that receives a grant under this subsection. ``(6) Federal funds provided to a State or county veterans agency under this subsection may not be used to provide more than 50 percent of the total cost of the State or county government activities described in paragraph (1) and shall be used to expand existing outreach programs and services and not to supplant State and local funding that is otherwise available. ``(7) In awarding grants under this subsection, the Secretary shall give priority to State and county veterans agencies that serve the largest populations of veterans. ``(8)(A) In a case in which a county government does not have a county veterans agency, the county government may be awarded a grant under this subsection to establish such an agency. ``(B) In a case in which a county government does not have a county veterans agency and does not seek to establish such an agency through the use of a grant under this subsection, the State veterans agency for the State in which the county is located may use a grant under this section to provide outreach services for that county. ``(C) In the case of a State in which no State or county veterans agency seeks to receive a grant under this subsection, the funds that would otherwise be allocated for that State shall be reallocated to those States in which county veterans agencies exist and have sought grants under this subsection. ``(9) A grant under this subsection may be used to provide education and training, including on-the-job training, for State, county, and local government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain accreditation in accordance with procedures approved by the Secretary and, for employees so accredited, for purposes of continuing education. ``(e) Definitions.--For the purposes of this section: ``(1) The term `State veterans agency' means the element of the government of a State that has responsibility for programs and activities of that State government relating to veterans benefits. ``(2) The term `county veterans agency' means the element of the government of a county or municipality that has responsibility for programs and activities of that county or municipal government relating to veterans benefits. ``Sec. 563. Outreach activities: funding ``(a) Separate Account.--Amounts for the outreach activities of the Department under this subchapter shall be budgeted and appropriated through a separate appropriation account. ``(b) Separate Statement of Amount.--In the budget justification materials submitted to Congress in support of the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested to be appropriated for that fiscal year for the account specified in subsection (a). ``Sec. 564. Definition of outreach ``For purposes of this subchapter, the term `outreach' means the act or process of taking steps in a systematic manner to provide information, services, and benefits counseling to veterans, and the survivors of veterans, who may be eligible to receive benefits under the laws administered by the Secretary to ensure that those individuals are fully informed about, and assisted in applying for, any benefits and programs under such laws for which they may be eligible. ``Sec. 565. Authorization of appropriations ``There is authorized to be appropriated to the Secretary for each of fiscal years 2008, 2009, and 2010, $25,000,000 to carry out this subchapter, including making grants under section 562(d) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``subchapter iv--outreach activities ``561. Outreach activities: coordination of activities within the Department. ``562. Outreach activities: cooperative activities with States; grants to States for improvement of outreach. ``563. Outreach activities: funding. ``564. Definition of outreach. ``565. Authorization of appropriations.''. (c) Deadline for Implementation.--The Secretary of Veterans Affairs shall implement the outreach activities required under subchapter IV of chapter 5 of title 38, United States Code, as added by subsection (a), by not later than 120 days after the date of the enactment of this Act. Passed the House of Representatives May 23, 2007. Attest: LORRAINE C. MILLER, Clerk.

Veterans Outreach Improvement Act of 2007 - Directs the Secretary of Veterans Affairs to establish, maintain, and modify as necessary procedures for ensuring the effective coordination of outreach activities of the Department of Veterans Affairs between and among the Office of the Secretary, the Office of Public Affairs, the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. Directs the Secretary to give priority to state and county outreach assistance in locations that: (1) have relatively large concentrations of veterans; or (2) are experiencing growth in veteran populations. Authorizes the Secretary to make grants to state or county veterans agencies for state and local outreach services. Requires each participating agency to submit annually to the Secretary a three-year plan for the use of such funds. Authorizes appropriations.

To amend title 38, United States Code, to improve the outreach activities of the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian and Alaska Native Foster Care and Adoption Services Amendments of 2003''. SEC. 2. AUTHORITY OF INDIAN TRIBES TO RECEIVE FEDERAL FUNDS FOR FOSTER CARE AND ADOPTION ASSISTANCE. (a) Children Placed in Tribal Custody Eligible for Foster Care Funding.--Section 472(a)(2) of the Social Security Act (42 U.S.C. 672(a)(2)) is amended-- (1) by striking ``or (B)'' and inserting ``(B)''; and (2) by inserting before the semicolon the following: ``, or (C) an Indian tribe (as defined in section 479B(e)) or an intertribal consortium if the Indian tribe or consortium is not operating a program pursuant to section 479B and (i) has a cooperative agreement with a State pursuant to section 479B(c) or (ii) submits to the Secretary a description of the arrangements (jointly developed or developed in consultation with the State) made by the Indian tribe or consortium for the payment of funds and the provision of the child welfare services and protections required by this title''. (b) Programs Operated by Indian Tribal Organizations.--Part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.) is amended by adding at the end the following: ``SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS. ``(a) Application.--Except as provided in subsection (b), this part shall apply to an Indian tribe that elects to operate a program under this part in the same manner as this part applies to a State. ``(b) Modification of Plan Requirements.-- ``(1) In general.--In the case of an Indian tribe submitting a plan for approval under section 471, the plan shall-- ``(A) in lieu of the requirement of section 471(a)(3), identify the service area or areas and population to be served by the Indian tribe; and ``(B) in lieu of the requirement of section 471(a)(10), provide for the approval of foster homes pursuant to tribal standards and in a manner that ensures the safety of, and accountability for, children placed in foster care. ``(2) Determination of federal share.-- ``(A) Per capita income.-- ``(i) In general.--For purposes of determining the Federal medical assistance percentage applicable to an Indian tribe under paragraphs (1) and (2) of section 474(a), the calculation of an Indian tribe's per capita income shall be based upon the service population of the Indian tribe as defined in its plan in accordance with paragraph (1)(A). ``(ii) Consideration of other information.--An Indian tribe may submit to the Secretary such information as the Indian tribe considers relevant to the calculation of the per capita income of the Indian tribe, and the Secretary shall consider such information before making the calculation. ``(B) Administrative expenditures.--The Secretary shall, by regulation, determine the proportions to be paid to Indian tribes pursuant to section 474(a)(3), except that in no case shall an Indian tribe receive a lesser proportion than the corresponding amount specified for a State in that section. ``(C) Sources of non-federal share.--An Indian tribe may use Federal or State funds to match payments for which the Indian tribe is eligible under section 474. ``(3) Modification of other requirements.--Upon the request of an Indian tribe or tribes, the Secretary may modify any requirement under this part if, after consulting with the Indian tribe or tribes, the Secretary determines that modification of the requirement would advance the best interests and the safety of children served by the Indian tribe or tribes. ``(4) Consortium.--The participating Indian tribes of an intertribal consortium may develop and submit a single plan under section 471 that meets the requirements of this section. ``(c) Cooperative Agreements.--An Indian tribe or intertribal consortium and a State may enter into a cooperative agreement for the administration or payment of funds pursuant to this part. In any case where an Indian tribe or intertribal consortium and a State enter into a cooperative agreement that incorporates any of the provisions of this section, those provisions shall be valid and enforceable. Any such cooperative agreement that is in effect as of the date of enactment of this section, shall remain in full force and effect subject to the right of either party to the agreement to revoke or modify the agreement pursuant to the terms of the agreement. ``(d) Regulations.--Not later than 1 year after the date of enactment of this section, the Secretary shall, in full consultation with Indian tribes and tribal organizations, promulgate regulations to carry out this section. ``(e) Definitions of Indian Tribe; Tribal Organizations.--In this section, the terms `Indian tribe' and `tribal organization' have the meanings given those terms in subsections (e) and (l) of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), respectively.''. (c) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act without regard to regulations to implement such amendments being promulgated by such date.

Indian and Alaska Native Foster Care and Adoption Services Amendments of 2003 - Amends title IV part E of the Social Security Act (Foster Care and Adoption Assistance) to authorize an Indian tribe or intertribal consortium meeting certain requirements to receive Federal foster care maintenance payments for children placed in its custody.Prescribes procedural guidelines for foster care programs operated by Indian tribal organizations.

A bill to amend part E of title IV of the Social Security Act to provide equitable access for foster care and adoption services for Indian children in tribal areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Quality Cancer Care Demonstration Project Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) In order to ensure the delivery of quality, cost- efficient medical care, Medicare must transform the payment system to one based on evidence-based guidelines and demonstrated quality delivery of care. (2) An Institute of Medicine report entitled ``Ensuring Quality Cancer Care'' recommends that the following items are essential components in quality cancer care delivery: (A) An agreed-upon treatment plan that outlines the goals of care. (B) Access to clinical trials. (C) Policies to ensure full disclosure of information about appropriate treatment options to patients. (D) A mechanism to coordinate services. (3) Additionally, the report notes the importance of ensuring quality of care at the end of life, in particular, the management of cancer-related pain and timely referral to palliative and hospice care. (4) According to the Institute of Medicine, the quality of cancer care must be measured by using a core set of quality measures. Cancer care quality measures should be used to hold providers, including health care systems, health plans, and physicians, accountable for demonstrating that they provide and improve quality of care. (5) Although two of the critical components of cancer care are treatment planning and end-of-life care, none of the 153 quality measures in the Centers for Medicare & Medicaid Services (CMS) 2009 Physician Quality Reporting Initiative (PQRI) addresses overall treatment planning or end-of-life care for cancer patients. (6) The medical literature suggests that adherence to quality metrics and evidence-based guidelines help lower costs by reducing use of physician services, hospitalizations, and supplemental and expensive drugs.'' SEC. 3. MEDICARE QUALITY CANCER CARE DEMONSTRATION PROJECT. (a) Establishment.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a quality cancer care demonstration project under this section (in this section referred to as the ``QCCD project'') for the purpose of establishing quality metrics and aligning Medicare payment incentives in the areas of treatment planning and end-of-life care for Medicare beneficiaries with cancer. (b) Test Metrics and Reporting Systems Through a Pay-for-Reporting Incentive Program.--Under the QCCD project, the Secretary shall do the following: (1) Identify and address gaps in current quality measures related to the areas of active treatment planning and end-of- life care by refining the performance measures described in paragraphs (1) and (2) of subsection (d) relating to active treatment planning and end-of-life care for clinician-level reporting. (2) Explore the potential to report quality data through registries or other electronic means for treatment planning and end-of-life care data, including identifying data elements necessary to measure quality of treatment planning and end-of- life care and determine how those elements could be collected through claims data or registries or other electronic means. (3) Test and validate identified treatment planning and end-of-life quality measures through a pay-for-reporting program with oncologists, which program-- (A) ensures that oncologists are able to accurately report on measures through simple HCPCS coding mechanisms; and (B) tests processes of submitting treatment planning and end-of-life measures through registries or other electronic means. (c) Incentive Payment.-- (1) In general.--Under the QCCD project, the Secretary shall provide for a separate payment under section 1848 of the Social Security Act (42 U.S.C. 1395w-4), to be divided into a baseline payment amount and an additional payment amount, as specified by the Secretary, for a treatment planning code and for an end-of-life code. The amount of such payments under the project shall be designed to total $300,000,000 each year. Payments under the project shall be designed to be paid on an ongoing basis as claims are submitted. (2) Requirement to satisfy baseline mandatory measures to receive baseline payment.--In order for a physician to receive any payment under the QCCD project for treatment planning or end-of-life care, a physician must report in a manner specified under the project that all of the baseline mandatory measures described in paragraph (1)(A) or (2)(A), respectively, of subsection (d) were satisfied. (3) Requirement to satisfy all measures to receive additional payment.--In order for a physician to receive the additional payment amount described in paragraph (1) under this subsection for treatment planning or end-of-life care, a physician must report in a manner specified under the project that all of measures described in paragraph (1) or (2), respectively, of subsection (d) were satisfied. (d) Measures.-- (1) Treatment planning measures.--The specific measures related to treatment planning and any subsequent modifications described in this paragraph are as follows: (A) Baseline mandatory measures.-- (i) Documented pathology report. (ii) Documented clinical staging prior to initiation of first course of treatment. (iii) Performed treatment education by oncology nursing staff. (iv) Provided the patient with a written care plan for patients in active treatment, which advises patient of relevant options. (B) Augmented.-- (i) Implemented practice-endorsed treatment plan consistent with nationally recognized evidence based guidelines. (ii) Documented clinical trial discussed with the patient, or that no clinical trial available. (iii) Documented discussion or coordination with other physicians involved in the patient's care. (2) End-of-life care measures.--The specific measures related to end-of-life care described in this paragraph are as follows: (A) Baseline mandatory.-- (i) Documented advanced care planning session with the patient. (ii) Symptoms assessed and addressed. (iii) Recommended the patient to hospice program, whether for institutional or home- based hospice care. (B) Augmented.-- (i) Documented no acute care hospital admissions (including admission to an emergency room or intensive care unit but excluding admission to a hospice or palliative care unit) within 30 days of death. (ii) Advanced directive discussion with the patient documented in the physician's records and, if agreed to, inclusion of an advanced directive in such records. (iii) Documented that no chemotherapy administered within 30 days of death. (e) Duration of Project.-- (1) In general.--The Secretary shall conduct the demonstration project over a sufficient period (of not less than 2 years) to allow for refinement of metrics and reporting methodologies and for analyses. The project shall continue, subject to paragraph (2), to operate until the Secretary has developed and implemented under part B of the Medicare program a payment system that relates payment under such part for professional oncology services to performance on measures developed and refined under the demonstration project. (2) Transition.--The Secretary shall provide for a transition period over the course of 2 years during which oncologists are permitted to transition from the payment system under the demonstration project to the payment system described in paragraph (1). (f) Project Evaluation.-- (1) In general.--The Secretary shall conduct an evaluation of the QCCD project-- (A) to determine oncologist participation in the project; (B) to assess the cost effectiveness of the project, including an analyses of the cost savings (if any) to the Medicare part A and B programs resulting from a general reduction in physician services, hospitalizations, and supplemental care drug costs; (C) to compare outcomes of patients participating in the project to outcomes for those not participating in the project; (D) to determine the satisfaction of patients participating in the project; and (E) to evaluate other such matters as the Secretary determines is appropriate. (2) Reporting.--Not later than 90 days after the completion of the second year following the commencement of the QCCD project, the Secretary shall submit to Congress a report on the evaluation conducted under paragraph (1) together which such recommendations for legislation or administrative action as the Secretary determines is appropriate.

Medicare Quality Cancer Care Demonstration Project Act of 2009 - Directs the Secretary of Health and Human Services to establish a quality cancer care demonstration project for the purpose of establishing quality metrics and aligning payment incentives under title XVIII (Medicare) of the Social Security Act in the areas of treating planning and end-of-life care for Medicare beneficiaries with cancer.

To improve the quality and cost effectiveness of cancer care to Medicare beneficiaries by establishing a national demonstration project.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Laboratory Personnel Shortage Act of 2003''. SEC. 2. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) Scholarship and Loan Repayment Programs.--Section 737 of the Public Health Service Act (42 U.S.C. 293a)) is amended by adding at the end the following subsection: ``(e) Scholarship and Loan Repayment Program for Medical Technologists, Medical Laboratory Technicians, and Other Medical Laboratory Personnel.-- ``(1) In general.--The Secretary shall establish a program of scholarships and loan repayment for the purpose of alleviating the shortage of medical laboratory personnel. The scholarship and loan repayment program shall include a period of obligated service for recipients in a designated health professional shortage area, or other area where there is a shortage of medical laboratory personnel. The Secretary may model the program after the scholarship and loan repayment programs under sections 338A and 338B. ``(2) Eligible entities.--Schools of allied health, and health care institution-based programs training medical laboratory personnel, are eligible to receive awards under paragraph (1). ``(3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated $11,193,000 in fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008. Such authorization is in addition to other authorizations of appropriations that are available for such purpose.''. (b) Other Programs Under Title VII.-- (1) Allied health and other disciplines.-- (A) Preference in making awards; public service announcements.--Section 755 of the Public Health Service Act (42 U.S.C. 294e)) is amended by adding at the end the following subsections: ``(c) Preference in Making Awards.--In making awards of grants and contracts under subsection (a), the Secretary shall give preference to making awards to assist entities in meeting the costs associated with expanding or establishing programs that will increase the number of individuals trained as medical laboratory personnel. ``(d) Public Service Announcements.--The Secretary shall develop and issue public service announcements that advertise and promote medical laboratory personnel careers, highlight the advantages and rewards of medical laboratory personnel careers, and encourage individuals to enter medical laboratory personnel careers.''. (B) Authorization of appropriations.--Section 757 of the Public Health Service Act (42 U.S.C. 294g(a)) is amended by adding at the end the following subsection: ``(d) Allied Health and Other Disciplines.--For the purpose of carrying out section 755, there are authorized to be appropriated $100,000,000 for fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008. Such authorization is in addition to the authorizations of appropriations under subsection (a) that are available for such purpose.''. (2) Other title vii programs.--Section 740 of the Public Health Service Act (42 U.S.C. 293d) is amended-- (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following subsection: ``(d) Medical Laboratory Personnel.--For the purpose of increasing the number of individuals trained as medical laboratory personnel through making awards of grants or contracts under sections 737 through 739 for appropriate schools of allied health, there are authorized to be appropriated, in addition to authorizations of appropriations under subsections (a) through (c) that are available for such purpose, the following: ``(1) For awards under section 738 to serve as members of the faculty of such schools, $332,500 for fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008. ``(2) For awards under section 739 to such schools, $8,200,000 for fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008.''. (3) Definition of medical laboratory personnel.--Section 799B of the Public Health Service Act (42 U.S.C. 295p) is amended by adding at the end the following: ``(12) The term `medical laboratory personnel' means allied health professionals (as defined in paragraph (5)) who are medical technologists, cytotechnologists, histotechnologists, phlebotomists, or medical laboratory technicians, or who are in other fields that, within the meaning of section 353(a) (relating to the certification of clinical laboratories), examine materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings.''. SEC. 3. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION. Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.) is amended by inserting after section 1509 the following section: ``SEC. 1509A. SHORTAGE OF TECHNOLOGISTS FOR LABORATORY ANALYSIS REGARDING SCREENING FOR CERVICAL CANCER. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration and in collaboration with the Director of the Centers for Disease Control and Prevention, shall make grants to appropriate public and nonprofit private entities to provide training to increase the number of cytotechnologists who are available with respect to screening women for cervical cancer. ``(b) Funding.-- ``(1) In general.--Subject to paragraph (2), for the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2004, and such sums as may be necessary for each of the fiscal years 2005 through 2008. ``(2) Limitation.--The authorization of appropriations established in paragraph (1) is not effective for a fiscal year unless the amount appropriated under section 1510(a) for the fiscal year is equal to or greater than $173,928,000.''. SEC. 4. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE. Section 422(c)(3)(C) of the Public Health Service Act (42 U.S.C. 285b-4(c)(3)(C)) is amended by inserting after ``allied health professionals'' the following: ``, with emphasis given in the training of such professionals to the training of medical laboratory personnel (as defined in section 799B) in medical laboratory disciplines with respect to which there are needs for increased numbers of personnel''.

Medical Laboratory Personnel Shortage Act of 2003 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), through scholarships and loans for health professional training that may be modeled after the National Health Service Corps' scholarship and loan repayment programs, to alleviate the shortage of medical laboratory personnel where needed. Allows schools of allied health, as well as health care institution-based programs training medical laboratory personnel, to receive such awards.Requires the Secretary to give preference, in making awards of grants and contracts to increase the number of individuals trained in allied health professions, to entities with programs training medical laboratory personnel. Directs the Secretary to develop and issue public service announcements advertising medical laboratory personnel careers and encouraging individuals to enter the medical laboratory field.Directs the Secretary to make grants for training to increase the number of cytotechnologists available for screening women for cervical cancer.

To amend the Public Health Service Act with respect to the shortage of medical laboratory personnel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Walnut Canyon Study Act of 2007''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to authorize a study of the study area to evaluate public uses and public values; and (2) to obtain recommendations for options for the management of the public uses and protection of resources of the study area. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map entitled ``Walnut Canyon Proposed Study Area'' and dated July 17, 2003. (2) Monument.--The term ``Monument'' means the Walnut Canyon National Monument in the State of Arizona. (3) Public use.--The term ``public use'', with respect to the study area, includes-- (A) livestock grazing; (B) hunting; (C) access to forested areas; (D) bird watching; (E) camping; (F) driving for pleasure on roads and trails; (G) firewood gathering; (H) general exercise; (I) group uses; (J) hiking; (K) horseback riding; (L) hunting; (M) mountain biking; (N) painting; (O) rock climbing; (P) sightseeing; (Q) skiing; (R) snowmobiling; (S) target practice, as permitted; (T) walking with pets; and (U) wildlife viewing. (4) Public value.--The term ``public value'', with respect to the study area, includes-- (A) geologic features; (B) historic sites; (C) potential urban development; (D) prehistoric sites; (E) riparian communities; (F) scenery; (G) scientific education; (H) solitude and serenity; (I) vegetation diversity; (J) watershed health; (K) wildfire hazard reduction for healthy forests; (L) wildlife and wildlife habitat; (M) fee-free access; and (N) recreational uses. (5) Secretaries.--The term ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture, acting jointly. (6) Study area.--The term ``study area'' means the area identified on the map as ``Walnut Canyon Proposed Study Area'', consisting of 30,818 acres, of which-- (A) 24,987 acres is Federal land in Coconino National Forest; (B) 2,037 acres is State land; (C) 214 acres is private land; and (D) 3,580 acres is the Monument. SEC. 4. STUDY. (a) In General.--The Secretaries shall conduct a study of the study area. (b) Requirements.--The study shall evaluate-- (1) the significance of the resources and public values of the study area as the resources and public values pertain to-- (A) the management objectives of the Forest Service; and (B) the management objectives of the National Park Service; (2) the opportunities for maintaining existing public uses; and (3) a range of options for managing and conserving resources by the National Park Service or the Forest Service, or by both agencies acting jointly, including the suitability and feasibility of-- (A) a boundary adjustment to the Monument; (B) designation of the study area as a National Recreation Area; (C) maintaining the study area as managed by the Forest Service; and (D) any other designation or management option that will accomplish both the protection of resources and the maintenance of public use and access for the study area. (c) Consultation.--In conducting the study, the Secretaries shall-- (1) designate the Forest Service as the lead agency; (2) consult with appropriate Federal, State, county, and local government entities; (3) contract with a third-party consultant with experience in park and land use planning to prepare a draft study; and (4) collaborate with the persons identified in subsection (d) in developing a scope of work for the draft study under the guidance of the third-party consultant. (d) Review.--The Secretaries, the Forest Supervisor of the Coconino National Forest, the Superintendent of the Flagstaff Area National Monuments, the Flagstaff City Council, and the Coconino County Board of Supervisors shall-- (1) review the draft study prepared by the third-party consultant; and (2) provide to the third-party consultant comments on the draft study. (e) Report.--Not later than 18 months after the date on which funds are first made available to carry out this Act, the Secretaries shall submit to Congress a report that-- (1) describes the findings and conclusions of the study conducted under this section; and (2) makes a recommendation for the future management of the study area. (f) Effect.--Nothing in this Act affects the management of the land depicted on the map. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $350,000.

Walnut Canyon Study Act of 2007 - Directs the Secretary of the Interior and the Secretary of Agriculture to conduct a study of specified federal land in Coconino National Forest, state and private lands, and Walnut Canyon National Monument in Arizona (the study area) to evaluate: (1) the significance of the resources and public values of the study area as the resources and public values pertain to the management objectives of the Forest Service and the National Park Service (NPS); (2) the opportunities for maintaining existing public uses; and (3) a range of options for managing and conserving resources by the NPS or the Forest Service, or by both agencies, including the feasibility of a boundary adjustment to the Monument, designation of the study area as a National Recreation Area, maintaining the study area as managed by the Forest Service, and any other designation or management option that will accomplish the protection of resources and the maintenance of public use and access for such area. Requires the Secretaries to: (1) designate the Forest Service as the lead agency; (2) consult with appropriate federal, state, county, and local government entities; (3) contract with a third-party consultant with experience in park and land use planning to prepare a draft study; and (4) collaborate with the Forest Supervisor of the Coconino National Forest, the Superintendent of the Flagstaff Area National Monuments, the Flagstaff City Council, and Coconino County Board of Supervisors in developing a scope of work for the draft study under the guidance of the third-party consultant.

To direct the Secretary of the Interior and the Secretary of Agriculture to jointly conduct a study of certain land adjacent to the Walnut Canyon National Monument in the State of Arizona.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asthma Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Despite improved therapies, the prevalence rate of asthma continues to rise, affecting an estimated 14.6 million Americans; 4.8 million under the age of 18. Since 1984, the prevalence of pediatric asthma has risen 72 percent. Rates are increasing for all ethnic groups and especially for African American and Hispanic children. (2) Asthma is the third leading cause of preventable hospitalizations. Improper diagnosis and poor management of asthma resulted in 1.6 million people being treated for asthma attacks in the emergency room in 1997. According to recent studies, asthma accounts for 17 percent of all pediatric emergency room visits. (3) Asthma can be life-threatening if not properly managed. Most asthma-related deaths are preventable, yet such deaths continue to rise in the U.S. In 1994, 5,487 children died as a result of an asthma attack, representing a six percent increase in deaths from 1993 and a doubling since 1979. (4) Asthma costs the U.S. over $12 billion a year and the rise is asthma prevalence will lead to higher costs in the future. (5) With early recognition of the signs and symptoms of asthma, proper diagnosis and treatment, and patient education and self-management, asthma is a controllable disease. (6) Public health interventions have been proven effective in the treatment and management of asthma. Population-based research supported by the National Institutes of Health (NIH) has effectively demonstrated the benefits of combining aggressive medical treatment with patient education to improve the management of asthma. The National Asthma Education and Prevention Program (NAEPP) helps raise awareness that asthma is a serious chronic disease, and helps promote more effective management of asthma through patient and professional education. (7) The alarming rise in prevalence, asthma-related deaths, and expenditures demonstrate that, despite extensive knowledge on effective asthma management strategies, current federal policy and funding regarding the education, treatment, and management of asthma is inadequate. (8) Additional federal direction, funding, and support is necessary to increase awareness of asthma as a chronic illness, its symptoms, and the environmental factors (indoor and outdoor) that affect the disease, as well as to promote education programs that teach patients how to better manage asthma. SEC. 3. PROVISIONS REGARDING NATIONAL ASTHMA EDUCATION AND PREVENTION PROGRAM OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE. (a) Additional Funding; Expansion of Program.--In addition to any other authorization of appropriations that is available to the National Heart, Lung, and Blood Institute for the purpose of carrying out the National Asthma Education and Prevention Program, there is authorized to be appropriated to such Institute for such purpose $5,000,000 for each of the fiscal years 1999 through 2003. Amounts appropriated under the preceding sentence shall be expended to expand such Program. (b) Coordinating Committee.-- (1) Report to congress.--With respect to the coordinating committee established for the National Asthma Education and Prevention Program of the National Heart, Lung, and Blood Institute, such committee shall submit to the Congress a report that-- (A) contains a determination by the committee of the scope of the problem of asthma in the United States; (B) identifies all Federal programs that carry out asthma-related activities; and (C) contains the recommendations of the committee for strengthening and better coordinating the asthma- related activities of the Federal Government. (2) Inclusion of representative of department of education.--The Secretary of Education or a designee of the Secretary shall be included in the membership of the coordinating committee referred to in paragraph (1). SEC. 4. ASTHMA-RELATED ACTIVITIES OF CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) Additional Funding.--In addition to any other authorization of appropriations that is available to the Centers for Disease Control and Prevention for the purpose of carrying out activities in accordance with subsection (b), there is authorized to be appropriated to such Centers for such purpose $5,000,000 for each of the fiscal years 1999 through 2003. (b) Expansion of Public Health Surveillance Activities; Program for Providing Information and Education to Public.--For purposes of subsection (a), the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall collaborate with the States to expand the scope of-- (1) activities that are carried out to determine the incidence and prevalence of asthma; and (2) activities that are carried out to prevent the health consequences of asthma, including through the provision of information and education to the public regarding asthma, which may include the use of public service announcements through the media and such other means as such Director determines to be appropriate. SEC. 5. GRANTS FOR COMMUNITY OUTREACH REGARDING ASTHMA INFORMATION, EDUCATION, AND SERVICES. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') may make grants to nonprofit private entities for projects to carry out, in communities identified by entities applying for the grants, outreach activities to provide for residents of the communities the following: (1) Information and education on asthma. (2) Referrals to health programs of public and nonprofit private entities that provide asthma-related services, including such services for low-income individuals. The grant may be expended to make arrangements to coordinate the activities of such entities in order to establish and operate networks or consortia regarding such referrals. (b) Preferences in Making Grants.--In making grants under subsection (a), the Secretary shall give preference to applicants that will carry out projects under such subsection in communities that are disproportionately affected by asthma or underserved with respect to the activities described in such subsection and in which a significant number of low-income individuals reside. (c) Evaluations.--A condition for a grant under subsection (a) is that the applicant for the grant agree to provide for the evaluation of the projects carried out under such subsection by the applicant to determine the extent to which the projects have been effective in carrying out the activities referred to in such subsection. (d) Funding.--For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 1999 through 2003. SEC. 6. ACTION PLANS OF STATES REGARDING ASTHMA; FINANCIAL INCENTIVES REGARDING CHILDREN'S HEALTH INSURANCE PROGRAM. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall in accordance with subsection (b) carry out a program to encourage the States to implement plans to carry out activities to assist children with respect to asthma in accordance with guidelines of the National Heart, Lung, and Blood Institute. (b) Relation to Children's Health Insurance Program.-- (1) In general.--Subject to paragraph (2), if a State plan under title XXI of the Social Security Act provides for activities described in subsection (a) to an extent satisfactory to the Secretary, the Secretary shall, with amounts appropriated under subsection (c), make a grant to the State involved to assist the State in carrying out such activities. (2) Requirement of matching funds.-- (A) In general.--With respect to the costs of the activities to be carried out by a State pursuant to paragraph (1), the Secretary may make a grant under such paragraph only if the State agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 50 percent of the costs ($1 for each $1 of Federal funds provided in the grant). (B) Determination of amount contributed.--Non- Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (3) Criteria regarding eligibility for grant.--The Secretary shall publish in the Federal Register criteria describing the circumstances in which the Secretary will consider a State plan to be satisfactory for purposes of paragraph (1). (4) Technical assistance.--With respect to State plans under title XXI of the Social Security Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make available to the States technical assistance in developing the provisions of such plans that will provide for activities pursuant to paragraph (1). (c) Funding.--For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 1999 through 2003. SEC. 7. ACTION PLANS OF LOCAL EDUCATIONAL AGENCIES REGARDING ASTHMA. (a) In General.-- (1) School-based asthma activities.--The Secretary of Education (in this section referred to as the ``Secretary''), in consultation with the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, may make grants to local educational agencies for programs to carry out at elementary and secondary schools specified in paragraph (2) asthma-related activities for children who attend such schools. (2) Eligible schools.--The elementary and secondary schools referred to in paragraph (1) are such schools that are located in communities with a significant number of low-income or underserved individuals (as defined by the Secretary). (b) Development of Programs.--Programs under subsection (a) shall include grants under which local education agencies and State public health officials collaborate to develop programs to improve the management of asthma in school settings. (c) Certain Guidelines.--Programs under subsection (a) shall be carried out in accordance with applicable guidelines or other recommendations of the National Institutes of Health (including the National Heart, Lung, and Blood Institute) and the Environmental Protection Agency. (d) Certain Activities.--Activities that may be carried out in programs under subsection (a) include the following: (1) Identifying and working directly with local hospitals, community clinics, advocacy organizations, parent-teacher associations, and asthma coalitions. (2) Identifying asthmatic children and training them and their families in asthma self-management. (3) Purchasing asthma equipment. (4) Hiring school nurses. (5) Training teachers, nurses, coaches, and other school personnel in asthma-symptom recognition and emergency responses. (6) Simplifying procedures to improve students' safe access to their asthma medications. (7) Such other asthma-related activities as the Secretary determines to be appropriate. (e) Use of Title I Funds.--The Secretary may authorize a local educational agency carrying out a program under subsection (a) to expend for such program not more than 5 percent of amounts received by such agency under title I of the Elementary and Secondary Education Act of 1965. (f) Definitions.--For purposes of this section, the terms ``elementary school'', ``local educational agency'', and ``secondary school'' have the meanings given such terms in the Elementary and Secondary Education Act of 1965. (g) Funding.--For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 1999 through 2003. SEC. 8. SENSE OF CONGRESS REGARDING HOSPITALS AND MANAGED CARE PLANS. It is the sense of the Congress that-- (1) hospitals should be encouraged to offer asthma-related education and training to asthma patients and their families upon discharge from the hospital of such patients; (2) hospitals should, with respect to information on asthma, establish telephone services for patients and communicate with providers of primary health services; and (3) managed care organizations should-- (A) be encouraged to disseminate to health care providers asthma clinical practice guidelines developed or endorsed by the Public Health Service; (B) collect and maintain asthma data; and (C) offer asthma-related education and training to asthma patients and their families. SEC. 9. SENSE OF CONGRESS REGARDING IMPLEMENTATION OF ACT. It is the sense of the Congress that all Federal, State, and local asthma-related activities should-- (1) promote the guidelines and other recommendations of the Public Health Service on asthma diagnosis and management; and (2) be designed in consultation with national and local organizations representing the medical, educational, and environmental communities, as well as advocates that represent those affected by asthma.

Asthma Act - Authorizes additional appropriations to the National Heart, Lung, and Blood Institute to carry out the National Asthma Education and Prevention Program for FY 1999 through 2003. Requires the coordinating committee established for such Program to report to the Congress on the scope of asthma in the United States, all Federal programs that carry out asthma-related activities, and any recommendations for strengthening and better coordinating such activities. Authorizes additional appropriations to the Centers for Disease Control to collaborate with the States to expand the scope of activities carried out to determine the incidence and prevalence of asthma, and prevent its health consequences. Authorizes the Secretary of Health and Human Service to make grants to nonprofit private entities for projects to carry out community outreach activities regarding asthma information, education, and services. Authorizes appropriations. Directs the Secretary to carry out a program to encourage the States to implement plans to assist children with respect to asthma, including matching grants to any State with a children's health insurance program under title XXI of the Social Security Act. Authorizes appropriations. Authorizes the Secretary of Education to make grants to local educational agencies for programs to carry out asthma-related activities for children at specified elementary and secondary schools located in communities with a significant number of low-income or underserved individuals. Authorizes appropriations. Expresses the sense of the Congress that: (1) hospitals should be encouraged to offer asthma-related education and training to asthma patients and their families upon such patients' discharge; (2) hospitals should, with respect to information on asthma, establish telephone services for patients and communicate with primary service providers; (3) managed care organizations should be encouraged to disseminate asthma clinical practice guidelines to providers, collect and maintain asthma data, and offer asthma-related education and training to asthma patients and their families; and (4) all Federal, State, and local asthma-related activities should promote Public Health Service guidelines and recommendations on asthma diagnosis and management, and be designed in consultation with relevant organizations and advocates representing asthma sufferers.

Asthma Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Electronic Health Record Modernization Oversight Act of 2017''. SEC. 2. OVERSIGHT OF ELECTRONIC HEALTH RECORD MODERNIZATION PROGRAM. (a) Program Documents.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees the following documents concerning the Electronic Health Record Modernization Program: (1) Integrated Master Plan. (2) Integrated Master Schedule. (3) Program Management Plan. (4) Annual and lifecycle cost estimates, including, at a minimum, cost elements relating to-- (A) Federal Government labor; (B) contractor labor; (C) hardware; (D) software; and (E) testing and evaluation. (5) Cost baseline. (6) Risk Management Plan. (7) Health IT Strategic Architecture Plan. (8) Transition Plan for implementing updated architecture. (9) Data Migration Plan. (10) System and Data Security Plan. (11) Application Implementation Plan. (12) System Design Documents. (13) Legacy Veterans Information Systems and Technology Architecture Standardization, Security Enhancement, and Consolidation Project Plan. (14) Health Data Interoperability Management Plan. (15) Community Care Vision and Implementation Plan, including milestones and a detailed description of how complete interoperability with non-Department health care providers will be achieved. (b) Quarterly Updates.--Not later than 30 days after the end of each fiscal quarter during the period beginning with the fiscal quarter in which this Act is enacted and ending on the date on which the Electronic Health Record Modernization Program is completed, the Secretary shall submit to the appropriate congressional committees the most recent updated versions, if any exist, of the following documents: (1) Integrated Master Schedule. (2) Program Management Plan, including any written Program Management Review material developed for the Program Management Plan during the fiscal quarter covered by the submission. (3) Each document described in subsection (a)(4). (4) Performance Baseline Report for the fiscal quarter covered by the submission or for the fiscal quarter ending the fiscal year prior to the submission. (5) Budget Reconciliation Report. (6) Risk Management Plan and Risk Register. (c) Contracts.--Not later than 5 days after awarding a contract, order, or agreement, including any modifications thereto, under the Electronic Health Record Modernization Program, the Secretary shall submit to the appropriate congressional committees a copy of the entire such contract, order, agreement, or modification. (d) Notification.-- (1) Requirement.--Not later than 10 days after an event described in paragraph (2) occurs, the Secretary shall notify the appropriate congressional committees of such occurrence, including a description of the event and an explanation for why such event occurred. (2) Event described.--An event described in this paragraph is any of the following events regarding the Electronic Health Record Modernization Program: (A) The delay of any milestone or deliverable by 30 or more days. (B) A request for equitable adjustment, equitable adjustment, or change order exceeding $1,000,000 (as such terms are defined in the Federal Acquisition Regulation). (C) The submission of any protest, claim, or dispute, and the resolution of any protest, claim, or dispute (as such terms are defined in the Federal Acquisition Regulation). (D) A loss of clinical or other data. (E) A breach of patient privacy, including any-- (i) disclosure of protected health information that is not permitted under regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 42 U.S.C. 1320d-2 note); and (ii) breach of sensitive personal information (as defined in section 5727 of title 38, United States Code). (e) Definitions.--In this section: (1) The term ``appropriate congressional committees'' means-- (A) the Committees on Veterans' Affairs of the House of Representatives and the Senate; and (B) the Committees on Appropriations of the House of Representatives and the Senate. (2) The term ``Electronic Health Record Modernization Program'' means-- (A) any activities by the Department of Veterans Affairs to procure or implement an electronic health or medical record system to replace any or all of the Veterans Information Systems and Technology Architecture, the Computerized Patient Record System, the Joint Legacy Viewer, or the Enterprise Health Management Platform; and (B) any contracts or agreements entered into by the Secretary of Veterans Affairs to carry out, support, or analyze the activities under subparagraph (A). Passed the House of Representatives May 21, 2018. Attest: KAREN L. HAAS, Clerk.

Veterans' Electronic Health Record Modernization Oversight Act of 2017 (Sec. 2) This bill directs the Department of Veterans Affairs to provide Congress with: certain planning and implementation documents and contracts related to its Electronic Health Record Modernization program to implement an electronic health or medical record system to replace any or all of the Veterans Information Systems and Technology Architecture, the Computerized Patient Record System, the Joint Legacy Viewer, or the Enterprise Health Management Platform; quarterly updates of certain of such documents; copies of related contracts, orders, or agreements within 5 days; and notice within 10 days of delays of any milestone or deliverable exceeding 30 days, change requests exceeding $1 million, protest submissions, data losses, or breaches of patient privacy.

Veterans’ Electronic Health Record Modernization Oversight Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Military Readiness Through Stability and Predictability Deployment Policy Act''. SEC. 2. MINIMUM PERIODS OF REST AND RECUPERATION FOR UNITS OF THE ARMED FORCES BETWEEN DEPLOYMENTS. (a) Regular Components.-- (1) In general.--No unit of the Armed Forces specified in paragraph (3) may be deployed in support of a covered military operation unless the period between the most recent previous deployment of the unit and a subsequent deployment of the unit is equal to or longer than the period of such most recent previous deployment. (2) Sense of congress on optimal minimum period between deployments.--It is the sense of Congress that the optimal minimum period between the most recent previous deployment of a unit of the Armed Forces specified in paragraph (3) and a subsequent deployment of the unit in support of a covered military operation should be equal to or longer than twice the period of such most recent previous deployment. (3) Covered units.--Subject to subsection (c), the units of the Armed Forces specified in this paragraph are as follows: (A) Units of the regular Army and members assigned to those units. (B) Units of the regular Marine Corps and members assigned to those units. (C) Units of the regular Navy and members assigned to those units. (D) Units of the regular Air Force and members assigned to those units. (b) Reserve Components.-- (1) In general.--No unit of the Armed Forces specified in paragraph (3) may be deployed in support of a covered military operation unless the period between the most recent previous deployment of the unit and a subsequent deployment of the unit is at least three times longer than the period of such most recent previous deployment. (2) Sense of congress on mobilization and optimal minimum period between deployments.--It is the sense of Congress that the units of the reserve components of the Armed Forces should not be mobilized continuously for more than one year, and the optimal minimum period between the previous deployment of a unit of the Armed Forces specified in paragraph (3) and a subsequent deployment of the unit in support of a covered military operation should be five years. (3) Covered units.--The units of the Armed Forces specified in this paragraph are as follows: (A) Units of the Army Reserve and members assigned to those units. (B) Units of the Army National Guard and members assigned to those units. (C) Units of the Marine Corps Reserve and members assigned to those units. (D) Units of the Navy Reserve and members assigned to those units. (E) Units of the Air Force Reserve and members assigned to those units. (F) Units of the Air National Guard and members assigned to those units. (c) Exemptions.--The limitations in subsections (a) and (b) do not apply-- (1) to special operations forces as identified pursuant to section 167(i) of title 10, United States Code; and (2) to units of the Armed Forces needed, as determined by the Secretary of Defense, to assist in the redeployment of members of the Armed Forces from a covered military operation to another operational requirement or back to their home stations. (d) Waiver by the President.--The President may waive the limitation in subsection (a) or (b) with respect to the deployment of a unit of the Armed Forces to meet a threat to the national security interests of the United States if the President certifies to Congress within 30 days that the deployment of the unit is necessary for such purposes. (e) Waiver by Military Chief of Staff or Commandant for Voluntary Mobilizations.-- (1) Army.--With respect to the deployment of a member of the Army who has voluntarily requested mobilization, the limitation in subsection (a) or (b) may be waived by the Chief of Staff of the Army. (2) Navy.--With respect to the deployment of a member of the Navy who has voluntarily requested mobilization, the limitation in subsection (a) or (b) may be waived by the Chief of Naval Operations. (3) Marine corps.--With respect to the deployment of a member of the Marine Corps who has voluntarily requested mobilization, the limitation in subsection (a) or (b) may be waived by the Commandant of the Marine Corps. (4) Air force.--With respect to the deployment of a member of the Air Force who has voluntarily requested mobilization, the limitation in subsection (a) or (b) may be waived by the Chief of Staff of the Air Force. (f) Definitions.--In this Act: (1) Covered military operation.--The term ``covered military operation'' means-- (A) Operation Iraqi Freedom; and (B) Operation Enduring Freedom, including participation in the NATO International Security Assistance Force (Afghanistan). (2) Deployment.--The term ``deployment'' or ``deployed'' means the relocation of forces and materiel to desired areas of operations and encompasses all activities from origin or home station through destination, including staging, holding, and movement in and through the United States and all theaters of operation. (3) Unit.--The term ``unit'' means a unit that is deployable and is commanded by a commissioned officer of the Army, Navy, Air Force, or Marine Corps serving in the grade of major or, in the case of the Navy, lieutenant commander, or a higher grade. (g) Effective Date.--This Act shall take effect on the date of the enactment of this Act.

Ensuring Military Readiness Through Stability and Predictability Deployment Policy Act - Prohibits any unit of the regular Armed Forces from being deployed for Operations Iraqi Freedom or Enduring Freedom unless the period between the most recent previous deployment and a subsequent deployment is equal to or longer than the period of the most recent previous deployment. Expresses the sense of Congress that the optimal minimum period between such deployments should be equal to or longer than twice the period of the most recent previous deployment. Prohibits any unit of the reserves from being deployed for such Operations unless the period between the most recent previous deployment and a subsequent deployment is at least three times longer than the period of the most recent previous deployment. Expresses the sense of Congress that units of the reserves should not be mobilized continuously for more than one year, and that the optimal minimum period between such deployments should be five years. Provides exceptions from deployment requirements. Authorizes the President or chief of staff of the military department concerned to waive such requirements under certain circumstances.

To mandate minimum periods of rest and recuperation for units and members of the regular and reserve components of the Armed Forces between deployments for Operation Iraqi Freedom or Operation Enduring Freedom.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act''. SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY. (a) Findings and Declarations.--Congress finds and declares that-- (1) it is the policy of the United States to promote tribal self-determination and economic self-sufficiency and to support the resolution of disputes over historical claims; (2) Sam Houston, as a leader in the Texas Revolution and the President of the Republic of Texas-- (A) established friendly relations with Indian tribes; (B) expressed his personal appreciation for the assistance of the tribes during the fight for Texas independence; and (C) endeavored to protect the land and rights of the tribes; (3) the United States, pursuant to Federal law and in accordance with several Federal court decisions, has affirmed the rights of tribes, including the Alabama-Coushatta Tribe of Texas (referred to in this Act as the ``Tribe''), to free and undisturbed use and occupancy of the aboriginal lands of the tribes, including the right to compensation when those rights are violated; (4) the land of the Tribe in southeastern Texas has been subject to illegal trespass and use, depriving the Tribe of critical economic development opportunities, including valuable timber production and oil and gas leasing; (5) in June 2000, the United States Court of Federal Claims ruled that-- (A) the United States violated its fiduciary obligations to the Tribe by knowingly failing to protect 2,850,000 acres of the aboriginal lands of the Tribe in southeastern Texas; (B) that failure would have constituted a claim eligible to be heard by the Indian Claims Commission established by the first section of the Act of August 13, 1946 (60 Stat. 1049, chapter 959) (commonly known as the ``Indian Claims Commission Act'') (and terminated by section 23 of that Act (70 Stat. 624, chapter 679)); and (C) as described in House Resolution 69 (98th Congress) (November 1, 1983), it was the sense of the House of Representatives that the Federal Government should pay full monetary compensation to the Tribe for the loss of the 2,850,000 acres of aboriginal lands illegally occupied by non-Indian settlers after 1845; (6) in October 2002, the United States Court of Federal Claims adopted $270,600,000 as the jointly stipulated amount of economic damages to be recovered by the Tribe from the United States; (7) while the Tribe is asserting outstanding claims regarding the aboriginal lands of the Tribe, the Tribe has decided to forego, relinquish, waive, and otherwise extinguish any such claims, on the condition that Congress shall amend the 1987 Restoration Act of the Tribe, enacted as Public Law 100-89 (25 U.S.C. 1300g et seq.), in accordance with this Act; (8) Congress desires to empower the Tribe to govern its own economic future and appreciates the willingness of the Tribe to forego the land claims described in paragraph (7) in exchange for improved economic self-sufficiency; (9) this Act represents a good faith effort on the part of Congress to compensate the Tribe for the loss of the aboriginal lands of the Tribe by providing the Tribe with an economic development opportunity under the same terms and conditions as other federally recognized Indian tribes, in exchange for the agreement of the Tribe to relinquish the land claims described in paragraph (7); and (10) in the absence of Congressional action, those land claims will be pursued through the courts, a process that in all likelihood will consume many years and thereby promote hostility and uncertainty in the State of Texas, to the ultimate detriment of the Tribe, the members of the Tribe, and all other citizens of the State of Texas. (b) Purposes.--The purposes of this Act are-- (1) to recognize and compensate the Tribe for the loss of the aboriginal lands of the Tribe and the resulting loss of any economically productive use of those lands for decades; (2) to restore an economic development opportunity to the Tribe on terms that are equal and fair; (3) to resolve claims by the Tribe regarding the loss of the aboriginal lands of the Tribe; and (4) to insulate the Federal Government and taxpayers from potentially greater and ongoing liability from those claims. SEC. 3. RESTORATION ACT AMENDMENT. For the purpose of restoring an economic development opportunity on terms that are equal and fair, section 207 of Public Law 100-89 (25 U.S.C. 737) is repealed. SEC. 4. DISMISSAL OF LAND CLAIMS. Not later than 180 days after the date of enactment of this Act, the United States and the Tribe shall execute and file in each applicable court a motion for dismissal of any pending claim arising out of or relating to the aboriginal lands, or an interest in the aboriginal lands, of the Tribe. SEC. 5. EXTINGUISHMENT OF CLAIMS. (a) Extinguishment.--Any claim (including any claim for damages for trespass or for use and occupancy) by, or on behalf of, the Tribe, or any predecessor in interest or any of the members of the Tribe, against the United States, the State of Texas, or any landowner, that is based on any interest in or right involving any land or natural resources, shall be regarded as extinguished. (b) Rule of Construction.--Nothing in this section-- (1) affects or limits the personal claim of an individual Indian (except for a Federal common law fraud claim) that is pursued under any law of general applicability that protects non-Indians as well as Indians; or (2) alters the status of land held in trust by the United States on behalf of the Tribe.

Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act This bill amends the Alabama-Coushatta Tribes of Texas Restoration Act to repeal the prohibition against gaming activities by the Alabama-Coushatta Tribe of Texas on its lands if those gaming activities are prohibited by Texas law. The United States and the Tribe must execute and file in each applicable court a motion for dismissal of any pending claim arising out of or relating to any interest in the aboriginal lands of the Tribe. Any claim by or on behalf of the Tribe, or any predecessor in interest or any of its members, against the United States, Texas, or any landowner, that is based on any interest in or right involving any land or natural resources regarding the aboriginal lands, is hereby extinguished.

Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spring Mountains National Recreation Area Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) National forest lands.--The term ``National Forest lands'' means lands included in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))). (2) Recreation area.--The term ``Recreation Area'' means the Spring Mountains National Recreation Area established by section 4. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) preserve scenic, scientific, historic, cultural, natural, wilderness, watershed, riparian, wildlife, threatened and endangered species, and other values contributing to public enjoyment and biological diversity in the Spring Mountains of Nevada; (2) ensure appropriate conservation and management of natural recreation resources in the Spring Mountains; and (3) provide for the development of public recreation opportunities in the Spring Mountains for the enjoyment of present and future generations. SEC. 4. ESTABLISHMENT OF RECREATION AREA. (a) In General.--Subject to valid existing rights, there is established the Spring Mountains National Recreation Area in Nevada. (b) Boundaries and Map.--The Recreation Area shall consist of approximately 316,000 acres of federally owned lands and waters in the Toiyabe National Forest, as generally depicted on a map entitled ``Spring Mountain National Recreation Area--Proposed'', numbered NV-CH, and dated August 2, 1992. (c) Map Filing.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map of the Recreation Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives. (d) Public Inspection.--The map shall be on file and available for public inspection in the offices of the Chief of the Forest Service, Department of Agriculture. (e) Discrepancies.--In the case of any discrepancy between the acreage referred to in subsection (b) and the map described in subsection (b), the map described in subsection (b) shall control with respect to any question concerning the boundaries of the Recreation Area. SEC. 5. MANAGEMENT. (a) In General.--The Secretary, acting through the Chief of the Forest Service, shall manage the Recreation Area in accordance with the laws applicable to the National Forest System and this Act to provide for-- (1) the conservation of scenic, scientific, historic, cultural, and other values contributing to public enjoyment; (2) the conservation of fish and wildlife populations and habitat, including the use of prescribed fire to improve or maintain habitat; (3) the protection of watersheds and the maintenance of free flowing streams and the quality of ground and surface waters in accordance with applicable Federal and State law; (4) public outdoor recreation benefits, including hunting, fishing, trapping, hiking, horseback riding, backpacking, rock climbing, camping, and nature study; (5) wilderness areas as designated by Congress pursuant to the Wilderness Act (16 U.S.C. 1131 et seq.); and (6) the management, utilization, and disposal of natural resources in a manner compatible with the purposes for which the Recreation Area is established. (b) Hunting, Trapping, and Fishing.-- (1) In general.--Subject to paragraph (2), the Secretary shall permit hunting, trapping, fishing, and habitat management within the Recreation Area in accordance with the laws of the United States and the State of Nevada. (2) Exceptions.--The Secretary, after consultation with the Nevada Department of Wildlife, may designate zones where and periods when hunting, trapping, or fishing shall not be permitted for reasons of public safety, administration, or public use and enjoyment. (c) Grazing.--The Secretary may permit the grazing of livestock within the Recreation Area pursuant to Federal law and subject to such reasonable regulations, policies, and practices as the Secretary considers necessary. (d) Preventive Measures.--Nothing in this Act shall preclude such reasonable measures as the Secretary considers necessary to protect the land and resources in the Recreation Area from fire or insect or disease infestation. SEC. 6. MANAGEMENT PLAN. (a) In General.-- (1) Procedures.-- (A) Development of plan.--Not later than 3 full fiscal years after the date of enactment of this Act, the Secretary shall develop a general management plan for the Recreation Area as an amendment to the Toiyabe National Forest Land and Resource Management Plan. (B) Scope.-- (i) In general.--Subject to clause (ii), the amendment described in subparagraph (A) shall reflect the establishment of the Recreation Area and be consistent with this Act. (ii) Effect on toiyabe plan.--Nothing in this Act shall require the Secretary to revise the Toiyabe National Forest Land and Resource Management Plan pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (C) Availability to public.--The general management plan for the Recreation Area shall be available to the public in a document separate from the rest of the Toiyabe National Forest Land and Resource Management Plan. (2) Contents.--The management plan described in paragraph (1) shall be developed with full public participation and shall include-- (A) implementation plans for a continuing program of interpretation and public education about the resources and values of the Recreation Area; (B) proposals for public facilities to be developed, expanded, or improved for the Recreation Area, including one or more visitor centers to accommodate both local and out-of-State visitors; (C) plans for the management of natural and cultural resources in the Recreation Area, with emphasis on the preservation and long-term scientific use of archaeological resources, with priority in development given to the enforcement of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the Recreation Area; (D) wildlife and fish resource management plans for the Recreation Area prepared in consultation with appropriate departments of the State of Nevada and using other available studies of the Recreation Area; (E) recreation management plans for the Recreation Area prepared in consultation with appropriate departments of the State of Nevada; (F) wild horse and burro herd management plans for the Recreation Area prepared in consultation with appropriate departments and commissions of the State of Nevada; and (G) an inventory of all lands within the Recreation Area not presently managed as National Forest lands that will permit the Secretary to evaluate possible future acquisitions. (3) Consultation.--The plans for the management of natural and cultural resources described in paragraph (2)(C) shall be prepared in consultation with-- (A) the Advisory Council on Historic Preservation established by title II of the National Historic Preservation Act (16 U.S.C. 470i et seq.); and (B) the Nevada State Department of Conservation and Natural Resources, Division of Historic Preservation and Archaeology. (b) Wilderness Study Areas.-- (1) Recommendations.--The general management plan for the Recreation Area shall include the recommendations of the Bureau of Land Management as to the suitability for preservation as wilderness pursuant to the Wilderness Act (16 U.S.C. 1131 et seq.) of the 89,270 acres identified as the Mt. Stirling, La Madre Mountains, and Pine Creek Wilderness Study Areas on the Bureau of Land Management Wilderness Status Map, dated March 1990. (2) Management.--Pending submission of a recommendation and until otherwise directed by Act of Congress, the Secretary, acting through the Chief of the Forest Service, shall manage the lands and waters within the wilderness study areas referred to in paragraph (1) so as to maintain their potential for inclusion within the National Wilderness Preservation System. SEC. 7. ACQUISITION OF LANDS. (a) In General.--The Secretary may acquire by donation, purchase with donated or appropriated funds, exchange, bequest, or otherwise such lands, or lesser interests in lands (including mineral interests, water rights, and scenic easements) as the Secretary determines are necessary to carry out this Act. (b) Exchanges Out of Federal Ownership.--Federally owned lands, waters, or interests in lands or waters located within the Recreation Area may not be exchanged except in connection with an exchange for lands, waters, or interests in lands or waters owned by the State of Nevada or a political subdivision of the State. (c) Incorporation of Acquired Lands.--Any lands, waters, or interests in lands or waters located within the Recreation Area that are acquired by the United States or are administratively transferred to the Secretary after the date of enactment of this Act shall be incorporated into the Recreation Area and managed in accordance with this Act and the laws applicable to the National Forest System. (d) Land and Water Conservation Fund.-- (1) Boundaries.--For the purpose of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), when new boundaries are established for a unit of the National Forest System pursuant to subsection (c), the new boundaries shall be treated as if they were the boundaries of the National Forest as of January 1, 1965. (2) Availability of funds.--Money appropriated from the Land and Water Conservation Fund shall be available for the acquisition of lands, waters, and interests in lands and waters in furtherance of the purposes of this Act. SEC. 8. WITHDRAWAL. (a) In General.--Subject to valid existing rights and except for the lands described in subsection (b), all Federal lands within the Recreation Area and all lands, waters, and interests in lands and waters within the Recreation Area that are acquired by the United States after the date of enactment of this Act are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. (b) Exception.--The lands referred to in subsection (a) have the following legal description: S\1/2\ Sec. 23, W\1/2\E\1/2\ and W\1/2\ Sec. 27, E\1/2\E\1/2\ Sec. 28, E\1/2\E\1/2\ Sec. 33, and W\1/2\ Sec. 34, T 23 S, R 58 E, Mt. Diablo Meridian. SEC. 9. COORDINATED MANAGEMENT. The Secretary shall coordinate the management of the Recreation Area with the management of all proximate lands in a manner that best meets the present and future needs of the people of the United States. SEC. 10. COOPERATIVE AGREEMENTS. In order to encourage unified and cost-effective management and interpretation of natural and cultural resources in southern Nevada, the Secretary may enter into cooperative agreements with other Federal, State, and local agencies, and with nonprofit entities, that provide for the management and interpretation of natural and cultural resources in southern Nevada. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Spring Mountains National Recreation Area Act - Establishes the Spring Mountains National Recreation Area in Nevada. Requires the Secretary of Agriculture to develop a general management plan for the Area as an amendment to the Toiyabe National Forest Land and Resource Management Plan. Requires inclusion in the plan any Bureau of Land Management recommendations as to the suitability of specified wilderness study areas for preservation as wilderness. Directs the Secretary, acting through the Chief of the Forest Service, to manage the lands and waters within the wilderness study areas to maintain their potential for inclusion within the National Wilderness Preservation System, pending submission of such recommendation and until otherwise directed by an Act of the Congress. Authorizes the Secretary to acquire such lands, or lesser interests in lands, as necessary to carry out this Act. Withdraws all Federal lands within the Area and lands, waters, and interests in such acquired by the United States after the enactment of this Act from public land and mining laws (including mineral and geothermal leasing), with exceptions. Directs the Secretary to coordinate the management of the Area with that of all proximate lands in a manner that best meets the present and future needs of the people of the United States. Authorizes the Secretary to enter into cooperative agreements with nonprofit entities and other Federal, State, and local agencies to provide for the management and interpretation of natural and cultural resources in southern Nevada. Authorizes appropriations.

Spring Mountains National Recreation Area Act

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

National Institute of Biomedical Imaging Establishment Act - Amends the Public Health Service Act to provide for the establishment of the National Institute of Biomedical Imaging, headed by a Director, which shall conduct and support research, training, and dissemination of health information and other programs with respect to radiologic and other imaging modalities, imaging techniques, and imaging technologies with biomedical applications. Directs the Director of the Institute to: (1) establish a National Biomedical Imaging Program; and (2) prepare and transmit to the Secretary of Health and Human Services and the Director of the National Institutes of Health a plan to initiate, expand, intensify, and coordinate activities of the Institute respecting biomedical imaging. Authorizes appropriations.

National Institute of Biomedical Imaging Establishment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Patient Access to Healthcare Records Act of 2016''. SEC. 2. PROMOTION OF ACCESS TO DATA, VIA RESEARCH AND USER FRIENDLY PRESENTATIONS AND APPLICATIONS. (a) In General.--Subtitle D of the Health Information Technology for Economic and Clinical Health Act (42 U.S.C. 17921 et seq.) is amended by adding at the end the following: ``PART 3--HEALTH CARE CLEARINGHOUSES; DATA PROCESSING TO EMPOWER PATIENTS AND IMPROVE THE HEALTH CARE SYSTEM ``SEC. 13451. MODERNIZING THE ROLE OF CLEARINGHOUSES IN HEALTH CARE. ``(a) Efforts To Promote Access to and Leveraging of Health Information.-- ``(1) In general.--The Secretary shall, through the updating of existing policies and development of policies that support dynamic technology solutions, promote patient access to information related to their care, including real world outcomes and economic data (including claims, eligibility, and payment data), in a manner that would ensure that such information is available in a form convenient for the patient, in a reasonable manner, and without burdening the health care provider involved. ``(2) Requirement.--Activities carried out under paragraph (1) shall include the development of policies to enable covered entities with access to health information to-- ``(A) provide patient access to information related to their care, including real world outcomes and economic data; and ``(B) develop patient engagement tools, reports, analyses, and presentations based on population health, epidemiological, and health services outcomes data, that may demonstrate a fiscal or treatment benefit to the taxpayer. ``(b) Treatment as Covered Entity for Specified Functions.-- ``(1) In general.--With respect to the use and disclosure of protected health information, the Secretary shall-- ``(A) not consider health care clearinghouses that engage in the functions described in paragraph (3) to be business associates under HIPAA-related provisions (as defined in subsection (j)(3)) regardless of the role of such clearinghouses in collecting or receiving the information; and ``(B) consider such clearinghouses to be covered entities under such provisions of law for all purposes. Such clearinghouses shall not be considered business associates for data translation, analytic, cloud computing, or any other purpose. ``(2) Data accuracy and security requirement.--In order to use health data as authorized by this section, a clearinghouse or other covered entity engaging in activities authorized under this section shall be certified to have the necessary expertise and technical infrastructure to ensure the accuracy and security of such claims, eligibility, and payment data through receipt of an accreditation by the Electronic Healthcare Network Accreditation Commission, or by an equivalent accreditation program determined appropriate by the Secretary. ``(3) Enhancing treatment, quality improvement, research, public health efforts and other functions.-- ``(A) Equivalent authority to other covered entities.--Subject to paragraph (2), a health care clearinghouse shall-- ``(i) in addition to carrying out claims processing functions, be permitted to use and disclose protected health information in the same manner as other covered entities, including for purposes of treatment, payment, health care operations as permitted by section 164.506 of title 45, Code of Federal Regulations, research, and public health as permitted by section 164.512 of title 45, Code of Federal Regulations, and creating de- identified information as permitted by section 164.502(d) of title 45, Code of Federal Regulations; and ``(ii) use or disclose protected health information as required by section 164.502(a)(2) of title 45, Code of Federal Regulations. ``(B) Additional authority.--Subject to paragraph (2), a health care clearinghouse and other covered entity shall, in addition to claims processing functions, be permitted to-- ``(i) provide individuals with access to their own protected health information as described in subsection (d); ``(ii) subject to subsection (c)(2), and on behalf of both covered entities and non-covered entities, use and disclose protected health information for health care operations purposes (as defined by section 164.501 of title 45, Code of Federal Regulations) without respect to whether the recipient of the information has or had a relationship with the individual; ``(iii) subject to subsection (c)(2), and upon the request of a covered entity, benchmark the operations of such covered entity against the operations of one or more other covered entities that have elected to participate in such benchmarking; and ``(iv) subject to subsection (c)(2), use protected health information to facilitate clinical trial recruitment. ``(c) Authorities Relating to Data Processing.-- ``(1) In general.--In carrying out HIPAA-related provisions, the Secretary shall permit a health care clearinghouse to aggregate protected health information that the clearinghouse possesses in order to carry out the functions described in subsection (b)(3). Subject to section 164.502(a)(5)(i) of title 45, Code of Federal Regulations, a health care clearinghouse may carry out the functions described in subsection (b)(3) without obtaining individual authorization under section 164.508 of title 45, Code of Federal Regulations. ``(2) Privacy.--For purposes of clauses (ii) through (iv) of subsection (b)(3)(B), with respect to any report, analysis, or presentation provided by the clearinghouse to a third party, such report, analysis, or presentation-- ``(A) shall include only de-identified data; or ``(B) if containing protected health information, shall include such data that is subject to a qualifying data use agreement (as defined in subsection (j)). ``(3) Fee permitted.--Nothing in this paragraph shall be construed to prohibit an individual's right to access claims and payment records in HIPAA standard format for a reasonable, cost-based fee pursuant to section 164.524(c)(4) of title 45, Code of Federal Regulations. In requesting access to records held by a health care clearinghouse, the individual shall identify the health care provider or providers that rendered care. ``(d) Comprehensive Records at the Request of an Individual.-- ``(1) In general.--When a health care clearinghouse receives a written request from an individual for the protected health information of the individual, the clearinghouse shall provide to the individual a comprehensive record of such information (across health care providers and health plans and longitudinal in scope), unless the clearinghouse determines in its sole discretion that providing a comprehensive record is not technologically feasible. ``(2) Purchase from other clearinghouses.--In preparing a comprehensive record for an individual under paragraph (1), a health care clearinghouse may, with the permission of the individual, purchase the protected health information of the individual from one or more other health clearinghouses (and the cost of such purchase may be included in a fair-market fee charged to the individual as provided for under paragraph (1)). ``(e) Situations Not Involving Direct Interaction With Individuals.--Sections 164.400 through 164.414 (relating to breach notification) and sections 164.520 through 164.528 (relating to individual rights) of title 45, Code of Federal Regulations, shall apply to a health care clearinghouse that engages in the functions described in subsection (b)(3) to the extent that such clearinghouse has current contact information pursuant to direct interaction with the individual involved. In the case of each other individual, the clearinghouse shall provide notice to the covered entity of any breach of unsecured protected health information and provide a notice of privacy practices on its website. ``(f) Transition.-- ``(1) In general.--Nothing in this section shall be construed to provide a health care clearinghouse greater authority to use and disclose protected health information than that provided to another covered entity. ``(2) Existing agreements.--With respect to agreements entered into by a health care clearinghouse prior to the date of enactment of this section, a provision of such an agreement that conflicts with this section shall not have any legal force or effect. The preceding sentence may not be construed as affecting any provision of an agreement that does not conflict with this section. ``(g) Safe Harbor and Clarification of Liability.--In the case of a health care clearinghouse that engages in a function described in subsection (b), only that clearinghouse may be held liable for a violation of a HIPAA-related provision (and a covered entity that provided data or data access to the clearinghouse shall not be liable for such violations). ``(h) Enforcement.--Section 13410(a)(2) shall apply to this section in the same manner as such section applies to parts 1 and 2. ``(i) Relation to Other Laws.-- ``(1) Application of hitech rule.--Section 13421 shall apply to this section in the same manner as such section applies to parts 1 and 2, except to the extent that such section 13421 concerns section 1178(a)(2)(B) of the Social Security Act. ``(2) State laws regarding unfair or deceptive acts or practices.--This part shall not be construed to preempt the law of any State that prohibits unfair or deceptive acts or practices. ``(j) Definitions.--In this part: ``(1) De-identified.--The term `de-identified', with respect to health information, means such information that is not individually identifiable as determined in accordance with the standards under section 164.514(b) of title 45, Code of Federal Regulations. ``(2) Health care clearinghouse.--The term `health care clearinghouse' has the meaning given such term in section 1171 of the Social Security Act. ``(3) HIPAA-related provision.--The term `HIPAA-related provision' means the provisions of each of the following: ``(A) This subtitle. ``(B) Part C of title XI of the Social Security Act. ``(C) Regulations promulgated pursuant to sections 262(a) and 264(c) of the Health Insurance Portability and Accountability Act of 1996 or this subtitle. ``(4) Individual.--The term `individual', with respect to protected health information, has the meaning applicable under section 160.103 of title 45, Code of Federal Regulations. ``(5) Qualifying data use agreement.--The term `qualifying data use agreement' means an agreement, which may be electronic, that establishes the permitted uses and disclosures of protected health information by the recipient consistent with this paragraph. A qualifying data use agreement between the health care clearinghouse and the data recipient shall-- ``(A) establish the permitted uses and disclosures of such information by the recipient which shall be limited to the original purpose of disclosure under subsection (b)(3)(B); and ``(B) provide that the data recipient will-- ``(i) not use or further disclose the information other than as permitted by the qualifying data use agreement or as otherwise required by law; ``(ii) use appropriate safeguards to prevent use or disclosure of the information other than as provided for by the qualifying data use agreement; and ``(iii) ensure that any agents to whom it provides the data agree to the same restrictions and conditions that apply to the data recipient with respect to such information.''. (b) Regulations.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall promulgate regulations to carry out the amendment made by subsection (a). (c) Conforming Amendment.--Section 1171(2) of the Social Security Act (42 U.S.C. 1320d(2)) is amended by inserting before the period the following: ``or receives a standard transaction from another entity and processes or facilitates the processing of health information into nonstandard format or nonstandard data content for the receiving entity. Such term also includes an entity that carries out such processing functions, processes standard health care claims, processes health care claim payments or provides advice on such, and processes eligibility claims relating to health plan transactions on behalf of a HIPAA covered entity and in addition, engages in any of the functions described in subsection (a) of section 13451 of the Health Information Technology for Economic and Clinical Health Act''.

Ensuring Patient Access to Healthcare Records Act of 2016 This bill amends the Health Information Technology for Economic and Clinical Health Act to require the Department of Health and Human Services to develop and update policies that enable certain health care clearinghouses, plans, and providers to: (1) provide patients with access to information related to their care; and (2) develop patient-engagement tools, reports, analyses, and presentations that may demonstrate benefit to the taxpayer.

Ensuring Patient Access to Healthcare Records Act of 2016

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

Dividend Incentive and Tax Simplification Act of 2002 - Amends the Internal Revenue Code to: (1) allow, for a corporation, a deduction for dividends paid; and (2) tax dividends received by individuals as capital gain.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Sequestration Investment Tax Credit Act''. SEC. 2. CARBON SEQUESTRATION INVESTMENT TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45E. CARBON SEQUESTRATION INVESTMENT CREDIT. ``(a) Allowance of Credit.-- ``(1) In general.--For purposes of section 38, in the case of an eligible taxpayer's investment in a carbon sequestration project approved by the implementing panel under section 2 of the International Carbon Conservation Act, the carbon sequestration investment credit determined under this section for the taxable year is an amount equal to-- ``(A) $2.50, multiplied by ``(B) the number of tons of carbon the implementing panel determines was sequestrated in such project during the calendar year ending with or within such taxable year, multiplied by ``(C) the percentage of the total investment in such project which is represented by the investment in such project which is attributable, directly or indirectly, to the eligible taxpayer, as determined by the implementing panel. ``(2) Aggregate dollar limitation.--The credit determined under paragraph (1) for any taxable year, when added to any credit allowed to the eligible taxpayer with respect to the such project in any preceding taxable year, shall not exceed 50 percent of the investment attributable to the eligible taxpayer with respect to such project through such taxable year. ``(b) Annual Limitation on Aggregate Credit Allowable.-- ``(1) In general.--The amount of the carbon sequestration investment credit determined under subsection (a) for any taxable year, when added to all such credits allowed to all eligible taxpayers with respect to the such project for such taxable year shall not exceed the credit dollar amount allocated to such project under this subsection by the implementing panel for the calendar year ending with or within such taxable year. ``(2) Time for making allocation.--An allocation shall be taken into account under paragraph (1) only if it is made not later than the close of the calendar year in which the carbon sequestration project proposal with respect to such project is approved by the implementing panel under section 2 of the International Carbon Conservation Act. ``(3) Aggregate credit dollar amount.--The aggregate credit dollar amount which the implementing panel may allocate for any calendar year is equal to $200,000,000. ``(e) Eligible Taxpayer; Implementing Panel.--For purposes of this section-- ``(1) Eligible taxpayer.--A taxpayer is eligible for the credit under this section with respect to a carbon sequestration project if such taxpayer has not elected the application of sections 3 and 4 of the International Carbon Conservation Act with respect to such project. ``(2) Implementing panel.--The term `implementing panel' means the implementing panel established under section 2 of such Act. ``(f) Recapture of Credit in Certain Cases.-- ``(1) In general.--If, at any time during the 30-year period of a carbon sequestration project, there is a recapture event with respect to such project, then the tax imposed by this chapter for the taxable year in which such event occurs shall be increased by the credit recapture amount. ``(2) Credit recapture amount.--For purposes of paragraph (1)-- ``(A) In general.--The credit recapture amount is an amount equal to the recapture percentage of all carbon sequestration investment credits previously allowable to an eligible taxpayer with respect to any investment in such project that is attributable to such taxpayer. ``(B) Recapture percentage.--The recapture percentage shall be 100 percent if the recapture event occurs during the first 10 years of the project, 66\2/ 3\ percent if the recapture event occurs during the second 10 years of the project, 33\1/3\ percent if the recapture event occurs during the third 10 years of the project, and 0 percent if the recapture event occurs at any time after the 30th year of the project. ``(3) Recapture event.--For purposes of paragraph (1), there is a recapture event with respect to a carbon sequestration project if-- ``(A) the eligible taxpayer violates a term or condition of the approval of the project by the implementing panel at any time, ``(B) the eligible taxpayer adopts a practice which the implementing panel has specified in its approval of the project as a practice which would tend to defeat the purposes of the carbon sequestration program, or ``(C) the eligible taxpayer disposes of any ownership interest arising out of its investment that the implementing panel has determined is attributable to the project, unless the implementing panel determines that such disposition will not have any adverse effect on the carbon sequestration project. If an event which otherwise would be a recapture event is outside the control of the eligible taxpayer, as determined by the implementing panel, such event shall not be treated as a recapture event with respect to such taxpayer. ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(g) Disallowance of Double Benefit.-- ``(1) Basis reduction.--The basis of any investment in a carbon sequestration project shall be reduced by the amount of any credit determined under this section with respect to such investment. ``(2) Charitable deduction disallowed.--No deduction shall be allowed to an eligible taxpayer under section 170 with respect to any contribution which the implementing panel certifies pursuant to section 2 of the International Carbon Conservation Act to the Secretary constitutes an investment in a carbon sequestration project that is attributable to such taxpayer. ``(h) Certification to Secretary.--The implementing panel shall certify to the Secretary before January 31 of each year with respect to each eligible taxpayer which has made an investment in a carbon sequestration project-- ``(1) the amount of the carbon sequestration investment credit allowable to such taxpayer for the preceding calendar year, ``(2) whether a recapture event occurred with respect to such taxpayer during the preceding calendar year, and ``(3) the credit recapture amount, if any, with respect to such taxpayer for the preceding calendar year. ``(i) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which limit the credit for investments which are directly or indirectly subsidized by other Federal benefits, ``(2) which prevent the abuse of the provisions of this section through the use of related parties, and ``(3) which impose appropriate reporting requirements.''. (b) Credit Made Part of General Business Credit.-- (1) In general.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(14) the carbon sequestration investment credit determined under section 45E(a).''. (2) Limitation on carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end the following new paragraph: ``(10) No carryback of carbon sequestration investment credit before january 1, 2002.--No portion of the unused business credit for any taxable year which is attributable to the credit under section 45E may be carried back to a taxable year ending before January 1, 2002.''. (c) Deduction for Unused Credit.--Subsection (c) of section 196 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, and'', and by adding at the end the following new paragraph: ``(9) the carbon sequestration investment credit determined under section 45E(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45E. Carbon sequestration investment credit.''. (e) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2001.

Carbon Sequestration Investment Tax Credit Act - Amends the Internal Revenue Code to establish a carbon sequestration investment tax credit for eligible taxpayers.

A bill to amend the Internal Revenue Code of 1986 to provide a carbon sequestration investment tax credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buyback Our Safety Act''. SEC. 2. GUN BUYBACK GRANT PROGRAM. (a) In General.--The Attorney General, through the Assistant Attorney General for the Office of Justice Programs of the Department of Justice, shall establish a gun buyback grant program under which the Assistant Attorney General may make grants to law enforcement agencies of States, units of local government, and Indian tribal governments to assist in funding gun buyback programs carried out by such agencies. (b) Gun Buyback Program Defined.--For purposes of this section, the term ``gun buyback program'' means, with respect to a law enforcement agency of a State, unit of local government, or Indian tribal government, a program carried out by such agency under which guns are purchased or surrendered to such agency. (c) Applications.--A law enforcement agency described in subsection (a) desiring a grant under this section shall submit to the Assistant Attorney General for the Office of Justice Programs an application for the grant, in accordance with subsection (d) and which shall be in such form and contain such information as the Assistant Attorney General may require. (d) Requirements.--The Assistant Attorney General may make a grant under this section to a law enforcement agency described in subsection (a), with respect to a gun buyback program, only if the application submitted under subsection (c) by such agency provides assurances that-- (1) the law enforcement agency will adequately advertise such program to the public; (2) such program will be administered by law enforcement personnel; (3) all guns received through such program will remain in the possession of law enforcement personnel; (4) adequate safeguards will be established and followed to prevent the occurrence of fraud in such program; (5) the law enforcement agency will have in place a process to test on site a gun purchased from an individual through such program before payment is provided to such individual; and (6) an adequate process will be in place to destroy all guns received through such program. (e) Matching Requirement.-- (1) In general.--Subject to paragraph (2), to be eligible for a grant under this section, a law enforcement agency must certify that the law enforcement agency will match all Federal funds provided under such grant with an equal amount of cash or in-kind goods or services from other non-Federal sources. (2) Waiver.--The Assistant Attorney General for the Office of Justice Programs may waive, wholly or in part, the matching requirement under paragraph (1) with respect to a grant made under this section to a law enforcement agency for a gun buyback program if such program provides for obtaining only the guns identified by the National Academy of Sciences pursuant to subsection (f). (f) National Academy of Sciences Standards.--The Attorney General, through the Assistant Attorney General for the Office of Justice Programs, shall enter into an arrangement with the National Academy of Sciences to develop standards for identifying, and identify, guns that are the most likely to be used in violent crimes and establish a pricing scale for purchasing guns so identified through gun buyback programs receiving grants under this section. (g) Reports.-- (1) Reports required by grantees.--In the case of a law enforcement agency described in subsection (a) receiving a grant under this section with respect to a gun buyback program, such agency shall submit to the Assistant Attorney General for the Office of Justice Programs-- (A) not later than 90 days after receipt of such grant and every 90 days thereafter during the period for which the program is carried out, a report including-- (i) the number and types of guns collected and destroyed through such program during such period; and (ii) recommendations for improving future gun buyback programs in the jurisdiction of such agency; and (B) not later than 90 days after the last day of such program, a final report including the information described in each of subclauses (I) and (II) of clause (i) with respect to the duration of the program. (2) Reports by the office of justice programs.--Not later than one year after the date of the enactment of this section and annually thereafter, the Assistant Attorney General for the Office of Justice Programs shall submit to Congress a report on-- (A) the number of gun buyback programs that received funding under this section; (B) the number of guns received through each such gun buyback program; (C) the total number of guns purchased through all such gun buyback programs; and (D) recommendations on improving the grant program under this section and gun buyback programs. (h) Definitions.--For purposes of this section: (1) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (2) Unit of local government.--The term ``unit of local government'' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level. (3) Violent crime.--The term ``violent crime'' means murder, non-negligent manslaughter, forcible rape, robbery, and aggravated assault, as reported by the Federal Bureau of Investigation for purposes of the Uniform Crime Report. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $15,000,000 for the period of fiscal years 2018 through 2022.

Buyback Our Safety Act This bill authorizes the Department of Justice's Office of Justice Programs (OJP) to establish a gun buyback grant program for state, local, and tribal law enforcement agencies. The OJP must enter into an arrangement with the National Academy of Sciences to develop standards to identify the guns likely to be used in violent crimes and to establish a pricing scale for guns purchased through a gun buyback program.

Buyback Our Safety Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alicia Dawn Koehl Respect for National Cemeteries Act''. SEC. 2. AUTHORITY TO RECONSIDER DECISIONS OF SECRETARY OF VETERANS AFFAIRS OR SECRETARY OF THE ARMY TO INTER THE REMAINS OR HONOR THE MEMORY OF A PERSON IN A NATIONAL CEMETERY. (a) Authority To Reconsider Prior Decisions.--Section 2411 of title 38, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): ``(d)(1) In a case described in paragraph (2)(A), the appropriate Federal official may reconsider a decision to-- ``(A) inter the remains of a person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or ``(B) honor the memory of a person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403(a) of this title) or in such an area in Arlington National Cemetery (described in section 2409(a) of this title). ``(2)(A) A case described in this paragraph is a case in which the appropriate Federal official receives information that a person described in subparagraph (B) may have committed a Federal capital crime or a State capital crime but was not convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution. ``(B) A person described in this subparagraph is a person-- ``(i) whose remains have been interred in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or ``(ii) whose memory has been honored in a memorial area in a cemetery in the National Cemetery Administration or in such an area in Arlington National Cemetery. ``(3)(A) If in a case described in paragraph (2), the appropriate Federal official finds, based upon a showing of clear and convincing evidence and after an opportunity for a hearing in a manner prescribed by the appropriate Federal official, that the person had committed a Federal capital crime or a State capital crime but had not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution, the appropriate Federal official shall provide notice to the deceased person's next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision of the appropriate Federal official to disinter the remains of the deceased person or to remove a memorial headstone or marker memorializing the deceased person. ``(B) Notice under subparagraph (A) shall be provided by the appropriate Federal official as follows: ``(i) By the Secretary in accordance with section 5104 of this title. ``(ii) By the Secretary of Defense in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this subsection. ``(4)(A) Notwithstanding any other provision of law, the next of kin or other person authorized to arrange burial or memorialization of the deceased person shall be allowed a period of 60 days from the date of the notice required by paragraph (3) to file a notice of disagreement with the Federal official that provided the notice. ``(B)(i) A notice of disagreement filed with the Secretary under subparagraph (A) shall be treated as a notice of disagreement filed with the Board of Veterans' Appeals under chapter 71 of this title, and shall be decided by the Board in accordance with the provisions of that chapter. ``(ii) A notice of disagreement filed with the Secretary of Defense under subparagraph (A) shall be decided in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this subsection. ``(5) When the decision of the appropriate Federal official to disinter the remains or remove a memorial headstone or marker of the deceased person becomes final either by failure to appeal the decision in accordance with paragraph (4)(A) or by a decision pursuant to paragraph (4)(B), the appropriate Federal official may take any of the following actions: ``(A) Disinter the remains of the person from the cemetery in the National Cemetery Administration or in Arlington National Cemetery and provide for the reburial or other appropriate disposition of the disinterred remains in a place other than a cemetery in the National Cemetery Administration or in Arlington National Cemetery. ``(B) Remove from a memorial area in a cemetery in the National Cemetery Administration or in Arlington National Cemetery any memorial headstone or marker placed to honor the memory of the person.''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to any interment or memorialization conducted by the Secretary of Veterans Affairs or the Secretary of the Army in a cemetery in the National Cemetery Administration or in Arlington National Cemetery after the date of the enactment of this Act. SEC. 3. DISINTERMENT OF REMAINS OF MICHAEL LASHAWN ANDERSON FROM FORT CUSTER NATIONAL CEMETERY. (a) Disinterment of Remains.--The Secretary of Veterans Affairs shall disinter the remains of Michael LaShawn Anderson from Fort Custer National Cemetery. (b) Notification of Next-of-Kin.--The Secretary of Veterans Affairs shall-- (1) notify the next-of-kin of record for Michael LaShawn Anderson of the impending disinterment of his remains; and (2) upon disinterment, relinquish the remains to the next- of-kin of record for Michael LaShawn Anderson or, if the next- of-kin of record for Michael LaShawn Anderson is unavailable, arrange for an appropriate disposition of the remains.

Alicia Dawn Koehl Respect for National Cemeteries Act - Authorizes the appropriate federal official (either the Secretary of Veterans Affairs or the Secretary of the Army) to reconsider a decision to inter or honor the memory of a person in the National Cemetery Administration or in Arlington National Cemetery upon receiving information that such person may have committed a federal or state capital crime but was not convicted by reason of unavailability for trial due to death or flight to avoid prosecution. Requires the appropriate federal official, upon finding, after an opportunity for a hearing, that the person committed but was not convicted of such crime, to provide notice to the individual's next of kin or other authorized person. Allows such next of kin or other person 60 days to file a notice of disagreement, which shall be decided in accordance with such regulations as the Secretary of Defense shall prescribe. Authorizes the appropriate federal official, when a decision becomes final, to disinter the remains or remove the memorial headstone. Directs the Secretary of Veterans Affairs: (1) to disinter the remains of Michael LaShawn Anderson from Fort Custer National Cemetery (Michigan); (2) to notify his next of kin of the impending disinterment; and (3) upon disinterment, to relinquish the remains to the next of kin or, if the next of kin of record in unavailable, arrange for the appropriate disposition of the remains.

Alicia Dawn Koehl Respect for National Cemeteries Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Spyware (I-SPY) Prevention Act of 2007''. SEC. 2. PENALTIES FOR CERTAIN UNAUTHORIZED ACTIVITIES RELATING TO COMPUTERS. (a) In General.--Chapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following: ``Sec. 1030A. Illicit indirect use of protected computers ``(a) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and intentionally uses that program or code in furtherance of another Federal criminal offense shall be fined under this title or imprisoned not more than 5 years, or both. ``(b) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code-- ``(1) intentionally obtains, or transmits to another, personal information with the intent to defraud or injure a person or cause damage to a protected computer; or ``(2) intentionally impairs the security protection of the protected computer with the intent to defraud or injure a person or damage a protected computer; shall be fined under this title or imprisoned not more than 2 years, or both. ``(c) No person may bring a civil action under the law of any State if such action is premised in whole or in part upon the defendant's violating this section. For the purposes of this subsection, the term `State' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. ``(d) As used in this section-- ``(1) the terms `protected computer' and `exceeds authorized access' have, respectively, the meanings given those terms in section 1030; and ``(2) the term `personal information' means-- ``(A) a first and last name; ``(B) a home or other physical address, including street name; ``(C) an electronic mail address; ``(D) a telephone number; ``(E) a Social Security number, tax identification number, drivers license number, passport number, or any other government-issued identification number; or ``(F) a credit card or bank account number or any password or access code associated with a credit card or bank account. ``(e) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following new item: ``1030A. Illicit indirect use of protected computers.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. In addition to any other sums otherwise authorized to be appropriated for this purpose, there are authorized to be appropriated for each of fiscal years 2008 through 2011, the sum of $10,000,000 to the Attorney General for prosecutions needed to discourage the use of spyware and the practices commonly called phishing and pharming. SEC. 4. FINDINGS AND SENSE OF CONGRESS CONCERNING THE ENFORCEMENT OF CERTAIN CYBERCRIMES. (a) Findings.--Congress makes the following findings: (1) Software and electronic communications are increasingly being used by criminals to invade individuals' and businesses' computers without authorization. (2) Two particularly egregious types of such schemes are the use of spyware and phishing scams. (3) These schemes are often used to obtain personal information, such as bank account and credit card numbers, which can then be used as a means to commit other types of theft. (4) In addition to the devastating damage that these heinous activities can inflict on individuals and businesses, they also undermine the confidence that citizens have in using the Internet. (5) The continued development of innovative technologies in response to consumer demand is crucial in the fight against spyware. (b) Sense of Congress.--Because of the serious nature of these offenses, and the Internet's unique importance in the daily lives of citizens and in interstate commerce, it is the sense of Congress that the Department of Justice should use the amendments made by this Act, and all other available tools, vigorously to prosecute those who use spyware to commit crimes and those that conduct phishing and pharming scams. Passed the House of Representatives May 22, 2007. Attest: LORRAINE C. MILLER, Clerk.

Internet Spyware (I-SPY) Prevention Act of 2007 - (Sec. 2) Amends the federal criminal code to impose a fine and/or prison term of up to five years for intentionally accessing a protected computer (a computer exclusively for the use of a financial institution or the U.S. government or which is used in or affects interstate or foreign commerce or communication) without authorization, or exceeding authorized access, by causing a computer program or code to be copied onto the protected computer and intentionally using that program or code in furtherance of another federal criminal offense. Imposes a fine and/or prison term of up to two years if such unauthorized access of a protected computer is for the purpose of: (1) intentionally obtaining or transmitting personal information (including a Social Security number or other government-issued identification number, a bank or credit card number, or an associated password or access code) with intent to defraud or injure a person or cause damage to a protected computer; or (2) intentionally impairing the security protection of a protected computer with the intent to defraud or injure a person or damage such computer. Prohibits any person from bringing a civil action under state law premised upon the defendant's violating this Act. Exempts any lawfully authorized investigative, protective, or intelligence activity of the United States, a state, or a local law enforcement agency or of an U.S. intelligence agency from the prohibitions of this Act. (Sec. 3) Authorizes appropriations for FY2008-FY2011 to the Attorney General for prosecutions needed to discourage the use of spyware and practices commonly called phishing and pharming. (Sec. 4) Expresses the sense of Congress that the Department of Justice should vigorously prosecute those who use spyware to commit crimes and those that conduct phishing and pharming scams.

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

SECTION 1. ESTABLISHMENT OF STATE DEPARTMENT REVIEW PANEL. (a) Findings and Purpose.--The Congress makes the following findings: (1) The Department of State, established in 1789, is responsible for representing the worldwide interests of the United States and its citizens and for advancing the policies of the United States Government. (2) The Department operates 249 posts in more than 180 countries throughout the world, has approximately 18,869 full- time staff, and spends a budget of approximately $4,250,000,000. (3) There have been dramatic changes in the world in which the Department must function, including changes in technology, changes in religious, ethnic, and regional conflicts, and changes in economic, political, and military relationships. Yet, there has been little change in the organization and structure of the Department or its posts throughout the world. (4) The Department and all United States diplomatic efforts should be the subject of a comprehensive review by an independent panel to assess how the Department can best fulfill its mission in the 21st century and meet the challenges of a rapidly changing world. (b) Establishment.--Not later than December 1, 1998, the Congress shall establish a nonpartisan independent panel to be known as the Department of State Review Panel (in this section referred to as the ``Panel''). The Panel shall have the duties set forth in this section. (c) Membership.-- (1) The Panel shall be composed of 10 members who are individuals in the private sector who are recognized experts in matters relating to foreign affairs and the national security of the United States. (2) Members of the Panel shall be appointed as follows: (A) 3 members appointed by the Speaker of the House of Representatives. (B) 3 members appointed by the Majority Leader of the Senate. (C) 2 members appointed by the Minority Leader of the House of Representatives. (D) 2 members appointed by the Minority Leader of the Senate. (3) The Panel shall have a chairman who shall be selected by the members of the panel from among the members. (d) Report.--Not later than 6 months after the appointment of the last member to the Panel, the Panel shall prepare and submit to the Congress a comprehensive report. The report shall include the following: (1) A review of current structures of the Department of State and related agencies, including the organization and operation of the embassies and consulates of the United States abroad, to determine how best to efficiently and effectively-- (A) represent the interests of the United States throughout the world; (B) advance the policies of the United States; (C) cooperate and integrate with other government agencies and departments, including the Department of Defense, the Department of Commerce, and the Office of the United States Trade Representative, the Agency for International Development (AID), the United States Information Agency (USIA), the Arms Control and Disarmament Agency (ACDA), and the intelligence agencies of the United States; and (D) meet the anticipated roles and missions of such entities in the future. (2) Recommendations on any structural reorganization at the Department of State and United States embassies and consulates, including, but not limited to, the following: (A) Whether any geographical desks should be added, combined, or eliminated, including an examination of whether an ``American Affairs'' desk should be established within the Office of the Under Secretary for Political Affairs. (B) Whether any of the Under or Assistant Secretaries of State should be combined, eliminated, or created, including an examination of whether an Under Secretary for ``Future Affairs'' needs to be established to analyze and assess future challenges for the Department. (C) Whether a member of the Armed Forces should be stationed at each embassy and whether a member of any other department should be stationed at all or specific embassies worldwide. (D) Whether Members of the Foreign Service serving in other Federal agencies should be merged into the Department of State. (3) Suggestions for changes in organization and process to ensure that future United States diplomatic efforts are successful. (4) Suggestions for changes in structures to better formulate and implement the foreign policy of the United States. (5) An independent assessment of the challenges the Department of State may face through the year 2020 and beyond. (6) A comprehensive review of how the Department of State, the embassies and consulates of the United States, and diplomatic and other personnel and delegations are organized to handle efficiently future risks, including any recommended structural or internal changes that may be necessary to meet future challenges to the national interest of the United States. (7) The planning assumptions used in the Panel's review, including, but not limited to, assumptions relating to cooperation, communication with allies, levels of risk, real- time situational awareness, and instantaneous communication. (8) An examination of the Department of State's forward presence and prepositioning necessary for negotiation and conflict deterrence in response to anticipated threats and conflicts. (9) An examination of the current information infrastructure and technologies at the Department of State and recommendations on how these technologies need to be updated, changed, or replaced for optimum utilization by the year 2005 and beyond. (10) The vulnerability of United States technology to nontraditional threats, such as information warfare, and the effect of this vulnerability on Department of State operations and missions. (11) Future scenarios requiring a Department of State response, including scenarios in response to nontraditional threats. (e) Information From Federal Agencies.--The Panel may secure directly from the Department of State and from any other Federal department and agency such information as the Panel considers necessary to carry out its duties under this section. The head of the department or agency concerned shall ensure that information requested by the Panel under this subsection is promptly provided. (f) Personnel Matters.-- (1) Each member of the Panel shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Panel. (2) The members of the Panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Panel. (3)(A) The chairman of the Panel may, without regard to the civil service laws and regulations, appoint and terminate an executive director, and a staff of not more than 4 additional individuals, if the Panel determines that an executive director and staff are necessary in order for the Panel to perform its duties effectively. The employment of an executive director shall be subject to confirmation by the Panel. (B) The chairman may fix the compensation of the executive director without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Any Federal Government employee may be detailed to the Panel without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. The Secretary shall ensure that sufficient personnel are detailed to the Panel to enable the Panel to carry out its duties effectively. (5) To the maximum extent practicable, the members and employees of the Panel shall travel on government aircraft, ships, vehicles, or other conveyances when travel is necessary in the performance of a duty of the Panel, except that no such aircraft, ship, vehicle, or other conveyance may be scheduled primarily for the transportation of any such member or employee when the cost of commercial transportation is less expensive. (g) Administrative Provisions.-- (1) The Panel may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. (2) The Secretary of State shall furnish the Panel any administrative and support services requested by the Panel. (3) The Panel may accept, use, and dispose of gifts or donations of services or property. (h) Payment of Panel Expenses.--The compensation, travel expenses, and per diem allowances of members and employees of the Panel shall be paid out of funds available to the Department of State for the payment of compensation, travel allowances, and per diem allowances, respectively, of civilian employees of the Department. The other expenses of the Panel shall be paid out of funds available to the Department for the payment of similar expenses incurred by the Department. (i) Sunset Provision.--The Panel shall terminate 6 months after the submission of a final report to the Congress under subsection (d).

Directs the Congress to establish a nonpartisan independent Department of State Review Panel, which shall report to the Congress: (1) a review of current structures of the Department of State, related agencies, and U.S. embassies and consulates abroad (especially their organization to handle future risks efficiently), including recommendations on any structural reorganization that may be necessary; (2) suggestions for changes in structures to better formulate and implement U.S. foreign policy; and (3) an analysis of the vulnerability of U.S. technology to nontraditional threats (such as information warfare) and the effect of it on Department of State operations and missions.

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

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Emergency Immigration Workload Reduction and Homeland Security Enhancement Act of 2005''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Severability. Sec. 3. Findings. Sec. 4. Temporary suspension of visa waiver program. Sec. 5. Temporary suspension of adjustment of status. Sec. 6. Temporary suspension of renewals of temporary protected status. Sec. 7. Temporary suspension of certain immigrant visa programs. Sec. 8. Restriction of nonimmigrant visas for nationals of countries denying or delaying acceptance of aliens. Sec. 9. Waivers of temporary suspensions. Sec. 10. Termination of temporary suspensions. Sec. 11. Suspension of nonimmigrant visas. Sec. 12. Temporary funding for detention and removal assistance provided by State and local law enforcement agencies. Sec. 13. Effective date. SEC. 2. SEVERABILITY. If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of the Act, and the application of this Act to any other person or circumstance, shall not be affected by such holding. SEC. 3. FINDINGS. The Congress finds as follows: (1) The effective establishment and organization of the Directorate of Border and Transportation Security of the Department of Homeland Security is imperative if the Directorate is to carry out the immigration enforcement responsibilities delegated to it by the Congress in the manner expected by the American people. (2) The effective implementation of these duties will not be achieved without an unacceptable compromise to the security interests of the United States unless certain immigration programs are temporarily suspended, and other material assistance is provided to law enforcement agencies and other entities that support the immigration enforcement functions of the Directorate, until such time as the Secretary of Homeland Security can make the certifications to Congress required in section 10. (3) Such certifications, taken together, will establish the effective operational transfer of immigration enforcement functions to the new Directorate. SEC. 4. TEMPORARY SUSPENSION OF VISA WAIVER PROGRAM. The admission of aliens to the United States under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is suspended. SEC. 5. TEMPORARY SUSPENSION OF ADJUSTMENT OF STATUS. (a) In General.--The authority of the Secretary of Homeland Security to adjust the status of any alien to that of an alien lawfully admitted for permanent residence under section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b) or section 245 of such Act (8 U.S.C. 1187), is suspended. (b) Effect on Applications.--The suspension described in subsection (a) shall include the suspension of acceptance for filing of applications for the adjustments of status described in such subsection. SEC. 6. TEMPORARY SUSPENSION OF RENEWALS OF TEMPORARY PROTECTED STATUS. The authority of the Secretary of Homeland Security to extend any designation made under subparagraph (B) or (C) of section 244(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1254(b)(1)) is suspended. SEC. 7. TEMPORARY SUSPENSION OF CERTAIN IMMIGRANT VISA PROGRAMS. (a) Brothers and Sisters of Citizens.--The allocation of family- sponsored immigrant visas to alien brothers and sisters of citizens under section 203(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(4)), and the admission of such aliens to the United States as immigrants, is suspended. (b) Sons and Daughters of Citizens.--The allocation of family- sponsored immigrant visas to alien sons and daughters of citizens under paragraph (1) or (3) of section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)), and the admission of such aliens to the United States as immigrants, is suspended. (c) Unmarried Sons and Daughters of Permanent Resident Aliens.-- (1) In general.--The allocation of family-sponsored immigrant visas to aliens who are the unmarried sons and daughters (but are not the children) of an alien lawfully admitted for permanent residence under section 203(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)(B)), and the admission of such aliens to the United States as immigrants, is suspended. (2) Children.--The allocation of family-sponsored immigrant visas to aliens who are the children of an alien lawfully admitted for permanent residence under section 203(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)(A)), and the admission of such aliens to the United States as immigrants, is suspended, except that this paragraph shall not apply to dependent children who are under 18 years of age at the time an immigrant visa becomes available to the child. (d) Diversity Immigrants.--The allocation of immigrant visas to aliens under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)), and the admission of such aliens to the United States as immigrants, is suspended. (e) Effect on Classification Petitions.--The suspensions of immigrant visa allocations described in this section shall include the suspension of acceptance for filing of petitions for classification under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) with respect to the affected immigrant visa categories. SEC. 8. RESTRICTION OF NONIMMIGRANT VISAS FOR NATIONALS OF COUNTRIES DENYING OR DELAYING ACCEPTANCE OF ALIENS. (a) Public Listing of Aliens With No Significant Likelihood of Removal.-- (1) In general.--The Secretary of Homeland Security shall establish and maintain a public listing of every alien who is subject to a final order of removal and with respect to whom the Secretary or any Federal court has determined that there is no significant likelihood of removal in the reasonably foreseeable future due to the refusal, or unreasonable delay, of all countries designated by the alien or under this section to receive the alien. (2) Discontinuation of visas.--In the case of any foreign state for which 24 or more of the citizens, subjects, or nationals of such state appear on the public listing described in paragraph (1), such foreign state shall be deemed to have denied or unreasonably delayed the acceptance of such aliens, and the Secretary of Homeland Security shall make the notification to the Secretary of State prescribed in section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)). Consular officers in such foreign state shall accordingly discontinue the issuance of nonimmigrant visas to citizens, subjects, or nationals of the state. (b) Sunset.--Subsection (a) shall sunset in accordance with section 10. SEC. 9. WAIVERS OF TEMPORARY SUSPENSIONS. (a) In General.--The Secretary of Homeland Security may, in the Secretary's discretion-- (1) waive on an individual case-by-case basis sections 5, 7, and 8; or (2) waive, with the concurrence for the Secretary of State, section 4 for designated classes of applicants, if such applicants are not inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) or deportable under section 237(a) of such Act (8 U.S.C 1227). (b) Delegation.--The Secretary of Homeland Security may, in the discretion of the Secretary, delegate to the Secretary of State, for designated classes of applicants, the waiver authority of subsection (a)(1) with respect to sections 7 and 8. SEC. 10. TERMINATION OF TEMPORARY SUSPENSIONS. Sections 4 through 9 shall cease to be effective one week after the certification by the Secretary of Homeland Security to the Congress that the following conditions are satisfied: (1) The integrated entry and exit data system required by the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106-215), including the requirements added by section 302(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107- 173), is fully operational at all ports of entry. (2) The system of machine-readable tamper-resistant visas and other travel and entry documents required by section 302(b) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107-173), as well as the technology standard for visa waiver program participants required by section 302(c) of such Act, are fully operational at all ports of entry and, where applicable, at consular posts abroad. (3) The Department of Homeland Security has the operational capability to take into custody and remove from the United States any alien described in section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) who has been brought to the attention of the Service by a State or local law enforcement agency. (4) Adequate Federal funds have been appropriated and are available to reimburse all verified claims described in section 12. (5) The data system for the registration of aliens under chapter 7 of title II of the Immigration and Nationality Act (8 U.S.C. 261 et seq.) is fully operational and-- (A) is fully compliant with the data system integration and interoperability standards enacted in section 202(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107-173); (B) ensures the entry of all registrations made in accordance with section 221(b) of the Immigration and Nationality Act (8 U.S.C. 1201(b)) into the registration system at the time at the time of the relevant visa application; (C) ensures that all other registrations made under procedures required by section 264 of such Act (8 U.S.C. 1304) are entered into the data system within 72 hours of submission by the alien of an approved form of registration; and (D) ensures that all notices of change of address required by section 265 of such Act (8 U.S.C. 1305) are entered in the data system within 5 working days of submission by the alien of an approved change of address form. (6) A program for the random audit of the backlog of applications for changes in immigration status by aliens present in the United States existing on the effective date of this Act has been fully implemented by the Department of Homeland Security. (7) The program described in paragraph (6) reliably indicates that the incidence of fraud or false statements is no more than 3 percent of all approved applications. (8) The foreign student monitoring system described in section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act (8 U.S.C. 1372), as amended and expanded by sections 501 and 502 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107-173), is fully operational, and no educational institution certified to receive nonimmigrant students under subparagraph (F), (M), or (J) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) registers or admits aliens present in the United States in violation of law. (9) The number of aliens removed from the United States, during each of 4 months preceding the month in which the certification under this section is executed, was at least 25 percent higher than in the comparable months of the previous year. (10) All reports and plans, and all operational transfers of functions, required under title IV of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) have been successfully performed and implemented to the extent required by law as of the certification date. (11) The elimination of the backlog of immigration benefit applications required by section 458 of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2201) has been completed. (12) The annual report required by section 205(b) of the American Competitiveness in the Twenty-first Century Act of 2000 (8 U.S.C. 1574(b)), for the fiscal year preceding the date of the certification, has been submitted to the Congress. (13) Process changes described in section 205(b)(2)(C)(vi) of the American Competitiveness in the Twenty-first Century Act of 2000 (8 U.S.C. 1574(b)(2)(C)(vi)) have been implemented and are substantially operational. SEC. 11. SUSPENSION OF NONIMMIGRANT VISAS. (a) In General.--The authority of the Secretary of State to issue nonimmigrant visas is suspended. The authority of the Secretary of Homeland Security to admit nonimmigrant aliens into the United States is suspended. (b) Effect on Applications.--The suspensions described in subsection (a) shall include the suspension of acceptance for filing of applications for nonimmigrant visas and applications for admission as a nonimmigrant. (c) Waivers Authorized.--The Secretary of Homeland Security may, in the Secretary's discretion, waive the application of subsection (a) in the case of any alien or class of aliens if the following conditions are satisfied: (1) Section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c), and any other provision of law authorizing the issuance of diversity immigrant visas, is repealed. (2) Personal interviews are mandatory for admission of aliens to the United States under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187). (3) The Secretary, with the Secretary of State, verifies that each alien admitted on the basis of a nonimmigrant visa has had a personal interview with a consular officer prior to the issuance of the visa. (d) Construction.--During any period in which a waiver granted under subsection (c) applies to aliens barred from receipt of nonimmigrant visas under section 7(a)(2), the bar shall supersede the waiver. SEC. 12. TEMPORARY FUNDING FOR DETENTION AND REMOVAL ASSISTANCE PROVIDED BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES. The Secretary of Homeland Security shall reimburse verifiable claims submitted by a law enforcement agency of a State, or any political subdivision of a State, that were lawfully incurred for the emergency medical care, housing, and care in a secure facility, and the transportation into Federal custody at a location designated by the Secretary, of any alien detained as inadmissible under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) or deportable under section 237(a) of such Act (8 U.S.C. 1227(a)), if-- (1) transfer to Federal custody has occurred; (2)(A) a determination is subsequently made under section 240(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(1)) that such alien is removable; or (B) a determination is made that the alien has permanently departed the United States; (3) reimbursement for all costs excepting transportation costs is made according to a per diem rate established by the Secretary; and (4) the first day of such detention is not later than the date on which the certification described in section 9 is made. SEC. 13. EFFECTIVE DATE. This Act shall take effect in each local time zone upon the commencement in such zone of the first Sunday that occurs two weeks after the date of the enactment of this Act.

Emergency Immigration Workload Reduction and Homeland Security Enhancement Act of 2005 - Suspends the following immigration-related authorities: (1) the visa waiver program; (2) adjustment to permanent resident status; (3) renewal of temporary protected status (TPS); (4) the diversity immigrant visa program; and (5) certain family-related immigrant visa programs. Authorizes specified waiver authority. Directs the Secretary of Homeland Security to establish a public listing of every alien subject to a final order of deportation for whom the appropriate country of return has refused or unreasonably delayed such action. Requires U.S. visa issuance to be discontinued in a country which has 24 or more listed individuals. Sets forth conditions for waiver of the temporary suspensions set forth in this Act (except for the suspension of TPS renewals). States that all such temporary suspensions shall cease to be effective after the Secretary certifies to Congress that certain security measures are in place, including an integrated entry-exit system at all ports of entry. Suspends the Secretary of State's authority to issue nonimmigrant visas and the Secretary's authority to admit nonimmigrant aliens, subject to specified waivers. Directs the Secretary to reimburse State and local law enforcement agencies for certain alien-related detention and removal costs.

To suspend certain nonessential visas, in order to provide temporary workload relief critical to the successful reorganization of the immigration and naturalization functions of the Department of Homeland Security, to ensure that the screening and monitoring of arriving immigrants and nonimmigrants, and the deterrence of entry and settlement by illegal or unauthorized aliens, is sufficient to maintain the integrity of the sovereign borders of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Havens for Children Act of 1997''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to protect children from the trauma of witnessing or experiencing violence, sexual abuse, neglect, abduction, rape, or death during parent-child visitation and visitation exchanges; (2) to protect victims of domestic violence from experiencing further violence during child visitation and visitation exchanges; and (3) to provide safe havens for parents and children during visitation and visitation exchanges, to promote continuity and stability. SEC. 3. FINDINGS. Congress makes the following findings: (1) Family violence does not necessarily cease when family victims are legally separated by divorce or otherwise not sharing a household. (2) According to a 1996 report by the American Psychological Association, custody and visitation disputes are more frequent when there is a history of domestic violence. (3) Family violence often escalates following separation and divorce, and child custody and visitation arrangements become the new forum for the continuation of abuse. (4) According to a 1996 report by the American Psychological Association, fathers who batter mothers are twice as likely to seek sole custody of their children. In these circumstances, if the abusive father loses custody he is more likely to continue the threats to the mother through other legal actions. (5) Some perpetrators of violence use the children as pawns to control the abused party and to commit more violence during separation or divorce. In one study, 34 percent of women in shelters and callers to hotlines reported threats of kidnapping, 11 percent reported that the batterer had kidnapped the child for some period, and 21 percent reported that threats of kidnapping forced the victim to return to the batterer. (6) Approximately 90 percent of children in homes in which their mothers are abused witness the abuse. Children who witness domestic violence may themselves become victims and exhibit more aggressive, antisocial, fearful, and inhibited behaviors. Such children display more anxiety, aggression and temperamental problems. (7) Women and children are at an elevated risk of violence during the process of separation or divorce. (8) Fifty to 70 percent of men who abuse their spouses or partners also abuse their children. (9) Up to 75 percent of all domestic assaults reported to law enforcement agencies were inflicted after the separation of the couple. (10) In one study of spousal homicide, over \1/2\ of the male defendants were separated from their victims. (11) Seventy-three percent of battered women seeking emergency medical services do so after separation. (12) The National Council of Juvenile and Family Court Judges includes the option of visitation centers in their Model Code on Domestic and Family Violence. SEC. 4. GRANTS TO STATES TO PROVIDE FOR SUPERVISED VISITATION CENTERS (a) In General.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') is authorized to award grants to States to enable States to enter into contracts and cooperative agreements with public or private nonprofit entities to assist such entities in establishing and operating supervised visitation centers for the purposes of facilitating supervised visitation and visitation exchange. (b) Considerations.--In awarding such grants, contracts, and cooperative agreements under subsection (a), the Secretary shall take into account-- (1) the number of families to be served by the proposed visitation center to be established under the grant, contract, or agreement; (2) the extent to which the proposed supervised visitation centers serve underserved populations; and (3) the extent to which the applicant demonstrates cooperation and collaboration with advocates in the local community served, including the State domestic violence coalition, State sexual assault coalition, local shelters, and programs for domestic violence and sexual assault victims. (c) Use of Funds.-- (1) In general.--Amounts provided under a grant, contract, or cooperative agreement awarded under this section shall be used to establish supervised visitation centers and for the purposes described in section 2. Individuals shall be permitted to use the services provided by the center on a sliding fee basis. (2) Applicant requirements.--The Secretary shall award grants, contracts, and cooperative agreements under this Act in accordance with such regulations as the Secretary may promulgate. The Secretary shall give priority in awarding grants, contracts, and cooperative agreements under this Act to States that consider domestic violence in making a custody decision. An applicant awarded such a grant, contract, or cooperative agreement shall-- (A) demonstrate recognized expertise in the area of family violence and a record of high quality service to victims of domestic violence and sexual assault; (B) demonstrate collaboration with and support of the State domestic violence coalition, sexual assault coalition and local domestic violence and sexual assault shelter or program in the locality in which the supervised visitation center will be operated; and (C) provide long-term supervised visitation and visitation exchange services to promote continuity and stability. (d) Reporting and Evaluation.-- (1) Reporting.--Not later than 60 days after the end of each fiscal year, the Secretary shall submit to Congress a report that includes information concerning-- (A) the number of individuals served and the number of individuals turned away from services categorized by State and the type of presenting problems that underlie the need for supervised visitation or visitation exchange, such as domestic violence, child abuse, sexual assault, emotional or other physical abuse, or a combination of such factors; (B) the numbers of supervised visitations or visitation exchanges ordered during custody determinations under a separation or divorce decree or protection order, through child protection services, or through other social services agencies; (C) the process by which children or abused partners are protected during visitations, temporary custody transfers and other activities for which the supervised visitation centers are created; (D) safety and security problems occurring during the reporting period during supervised visitations or at visitation centers including the number of parental abduction cases; (E) the number of parental abduction cases in a judicial district using supervised visitation services, both as identified in criminal prosecution and custody violations; and (F) any other appropriate information designated in regulations promulgated by the Secretary. (2) Evaluation.--In addition to submitting the reports required under paragraph (1), an entity receiving a grant, contract or cooperative agreement under this Act shall have a collateral agreement with the court, the child protection social services division of the State, and local domestic violence agencies or State and local domestic violence coalitions to evaluate the supervised visitation center operated under the grant, contract or agreement. The entities conducting such evaluations shall submit a narrative evaluation of the center to both the center and the grantee. (e) Funding.-- (1) In general.--There shall be made available from amounts contained in the Violent Crime Reduction Trust Fund established under title XXXI of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14211 et seq.), $65,000,000 for each of the fiscal years 1998 through 2000 for the purpose of awarding grants, contracts, and cooperative agreements under this Act. (2) Distribution.--Of the amounts made available to carry out this Act for each fiscal year, not less than 90 percent of such amount shall be used to award grants, contracts, or cooperative agreements. (3) Disbursement.--Amounts made available under this Act shall be disbursed as categorical grants through the 10 regional offices of the Department of Health and Human Services.

Safe Havens for Children Act of 1997 - Authorizes the Secretary of Health and Human Services to award grants to enable States to enter into contracts and cooperative agreements to assist public or private nonprofit entities in establishing and operating supervised visitation centers to facilitate child visitation and visitation exchange. Sets forth provisions regarding considerations in awarding grants, authorized uses of funds, and reporting and evaluation. Makes specified sums available from amounts contained in the Violent Crime Reduction Trust Fund, subject to certain requirements.

Safe Havens for Children Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Section 8 Reform, Responsibility, and Accountability Act of 2007''. SEC. 2. PROHIBITION OF SECTION 8 RENTAL ASSISTANCE FOR FELONS AND ILLEGAL ALIENS. (a) In General.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (i) the following new subsection: ``(j) Prohibition of Assistance for Felons.--Notwithstanding any other provision of law, assistance under this section (including tenant- and project-based assistance) may not be provided for any family that includes an individual who-- ``(1) at any time, has been convicted of a felony under any State or Federal law; or ``(2) is unlawfully present in the United States.''. (b) Applicability.--The amendment made by subsection (a) shall apply beginning upon the expiration of the 24-month period that begins on the date of the enactment of this Act. SEC. 3. 5-YEAR TIME LIMITATION ON SECTION 8 RENTAL ASSISTANCE. Section 16 of the United States Housing Act of 1937 (42 U.S.C. 1437n) is amended by adding at the end the following new subsection: ``(g) 5-Year Time Limitation on Section 8 Assistance.-- ``(1) In general.--Except as otherwise provided in this subsection and notwithstanding any other provision of this Act, assistance under section 8 may not be provided on behalf of any family that includes a member who has previously been provided such assistance for 60 months (whether or not consecutive) or longer. ``(2) Exception for elderly and disabled families.--In determining the number of months for which an individual has been provided assistance under section 8, for purposes of paragraph (1), a public housing agency shall disregard any month during which such individual was a member of a disabled or elderly family so assisted. ``(3) Applicability.-- ``(A) In general.--This subsection shall apply beginning upon the expiration of the 24-month period that begins on the date of the enactment of the Section 8 Reform, Responsibility, and Accountability Act of 2007. ``(B) Treatment of assistance before effective date of limitation.--Except as provided in subparagraph (C), any months that commenced before the expiration of such period shall be considered for purposes of determining, pursuant to paragraph (1), the number of months for which an individual has been provided assistance under section 8. ``(C) Two-year safe harbor after effective date.-- For purposes of paragraph (1), the maximum number of months that commenced before the expiration of such 24- month period that any individual may be considered to have been provided assistance under section 8, shall be 36.''. SEC. 4. WORK REQUIREMENTS FOR SECTION 8 RENTAL ASSISTANCE. Section 16 of the United States Housing Act of 1937 (42 U.S.C. 1437n), as amended by the preceding provisions of this Act, is further amendment by adding at the end the following new subsection: ``(h) Work Requirement for Assisted Families Receiving Section 8 Assistance.-- ``(1) In general.--Except as provided in this subsection and notwithstanding any other provision of this Act, assistance under section 8 may not be provided on behalf of any family, unless each member of the family who is 18 years of age or older performs not fewer than 20 hours of work activities (as such term is defined in section 407(d) of the Social Security Act (42 U.S.C. 607(d))) per week. ``(2) Exemptions.--The Secretary of Housing and Urban Development shall provide an exemption from the applicability of paragraph (1) for any individual family member who-- ``(A) is 62 years of age or older; ``(B) is a blind or disabled individual, as defined under section 216(i)(1) or 1614 of the Social Security Act (42 U.S.C. 416(i)(1); 1382c), and who is unable to comply with this section, or is a primary caretaker of such individual; ``(C) meets the requirements for being exempted from having to engage in a work activity under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under any other welfare program of the State in which the public housing agency administering rental assistance described in paragraph (1) is located, including a State-administered welfare-to-work program; ``(D) is in a family receiving assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or under any other welfare program of the State in which the public housing agency administering such rental assistance is located, including a State-administered welfare-to-work program, and has not been found by the State or other administering entity to be in noncompliance with such program; or ``(E) is a single custodial parent caring for a child who has not attained 6 years of age, and the individual proves that the individual has a demonstrated inability (as determined by the State) to obtain needed child care, for one or more of the following reasons: ``(i) Unavailability of appropriate child care within a reasonable distance from the individual's home or work site. ``(ii) Unavailability or unsuitability of informal child care by a relative or under other arrangements. ``(iii) Unavailability of appropriate and affordable formal child care arrangements. ``(3) Administration.--A public housing agency providing rental assistance described in paragraph (1) may administer the work activities requirement under this subsection directly, through a resident organization, or through a contractor having experience in administering work activities programs within the service area of the public housing agency. The Secretary may establish qualifications for such organizations and contractors. ``(4) Participation of nonprofit employment and work development organizations.--In administering this subsection, each public housing agency shall provide for the active participation of nonprofit employment assistance and training organizations and nonprofit work development organizations in assisting families receiving rental assistance under section 8, in accordance with such requirements as the Secretary shall establish. ``(5) Applicability.--This subsection shall apply beginning upon the expiration of the 24-month period that begins on the date of the enactment of the Section 8 Reform, Responsibility, and Accountability Act of 2007.''. SEC. 5. PREFERENCE FOR PROVIDING SECTION 8 RENTAL ASSISTANCE TO VETERANS. (a) In General.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended-- (1) in subsection (d)(1)(A)-- (A) by inserting after ``except that'' the following: ``each public housing agency shall give preference to families that include a member who is a veteran as such term is defined in section 101 of title 38, United States Code) who will reside in the dwelling unit assisted, and except that''; and (B) by inserting after ``local preferences,'' the following: ``which shall be subordinate to the preference for veterans and shall be''; and (2) in subsection (o)-- (A) in paragraph (6)(A)-- (i) in clause (ii)-- (I) by striking ``this subparagraph'' and inserting ``clause (ii)''; and (II) by inserting before the period at the end the following: ``, and shall be subordinate to the preference established under clause (i)''; (ii) by redesignating clauses (i) and (ii) (as so amended) as clauses (ii) and (iii), respectively; and (iii) by inserting before clause (ii) (as so redesignated by clause (ii) of this subparagraph) the following new clause: ``(i) Required preference for veterans.--In making tenant-based assistance under this subsection available on behalf of eligible families, each public housing agency shall give preference to families that include a member who is a veteran (as such term is defined in section 101 of title 38, United States Code) who will reside in the dwelling unit assisted.''; and (B) in paragraph (13)(J)-- (i) by striking ``The agency'' and inserting the following: ``In selecting families to receive project-based assistance pursuant to this paragraph, the agency shall give preference to families that include a member who is a veteran (as such term is defined in section 101 of title 38, United States Code) who will reside in the unit. In addition, the agency''; and (ii) by inserting after ``section 5A'' the following: ``, except that any such preferences established pursuant to this sentence shall be subordinate to the preference established by the preceding sentence.''. (b) Applicability.--The amendments made by subsection (a) shall apply beginning upon the date of the enactment of this Act. SEC. 6. SENSE OF THE CONGRESS REGARDING THE MOVING TO WORK PROGRAM. It is the sense of the Congress that the Moving to Work demonstration program of the Department of Housing and Urban Development under section 204 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note) should be expanded to include significantly more public housing agencies. SEC. 7. USE OF UNSPENT HOUSING ASSISTANCE PAYMENTS CONTRACT AMOUNTS FOR COMPLIANCE MEASURES. Amounts provided by the Secretary of Housing and Urban Development to a public housing agency under an annual contributions contract for rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) that remain unused for housing assistance payments contracts may be used by such agency for actions-- (1) to monitor compliance of owners of housing assisted under such section and tenants of such housing with all laws and regulations relating to such assistance; and (2) to enforce violations of such laws and regulations. SEC. 8. PUBLIC AVAILABILITY OF PHA PLANS. (a) In General.--Section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c-1) is amended by adding at the end the following new subsection: ``(m) Public Availability of Plan.--Each public housing agency that has a public housing agency plan approved under this section shall make the approved plan (and any approved modifications and amendments to such plan) publicly available for inspection during regular business hours at the offices of the agency and in electronic form by means of the World Wide Web.''. (b) Applicability.--Subsection (m) of section 5A of the United States Housing Act of 1937, as added by the amendment made by subsection (a), shall apply beginning upon the date of the enactment of this Act.

Section 8 Reform, Responsibility, and Accountability Act of 2007 - Amends the United States Housing Act of 1937 to prohibit section 8 rental assistance (including tenant- and project-based assistance) from being provided to any family that includes a convicted felon or illegal alien. Places a five-year limitation on section 8 rental assistance, disregarding any month during which such individual was a member of a disabled or elderly family so assisted. Prohibits such assistance on behalf of any family, unless each member of the family who is 18 years of age or older performs at least 20 hours of work activities per week. Requires the Secretary of Housing and Urban Development (HUD) to exempt from such prohibition any individual family member who meets certain requirements. Requires a public housing agency (PHA), in providing such housing assistance, to give preference to families that include a member who is a veteran that will reside in the dwelling unit. Expresses the sense of Congress that the HUD Moving to Work demonstration program under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 should be expanded to include significantly more PHAs. Authorizes the use of unspent section 8 housing assistance payments for section 8 compliance measures. Requires approved PHA plans, including modifications and amendments, to be made public at the PHA's office and in electronic form on the World Wide Web.

To reform the program for rental assistance under section 8 of the United States Housing Act of 1937, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Market Parity and Modernization Act''. SEC. 2. PRIVATE FLOOD INSURANCE. (a) Mandatory Purchase Requirement.-- (1) Amount and term of coverage.--Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) is amended by striking ``Sec. 102. (a)'' and all that follows through the end of subsection (a) and inserting the following: ``Sec. 102. (a) Amount and Term of Coverage.--After the expiration of sixty days following the date of enactment of this Act, no Federal officer or agency shall approve any financial assistance for acquisition or construction purposes for use in any area that has been identified by the Administrator as an area having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, unless the building or mobile home and any personal property to which such financial assistance relates is covered by flood insurance: Provided, That the amount of flood insurance (1) in the case of Federal flood insurance, is at least equal to the development or project cost of the building, mobile home, or personal property (less estimated land cost), the outstanding principal balance of the loan, or the maximum limit of Federal flood insurance coverage made available with respect to the particular type of property, whichever is less; or (2) in the case of private flood insurance, is at least equal to the development or project cost of the building, mobile home, or personal property (less estimated land cost), the outstanding principal balance of the loan, or the maximum limit of Federal flood insurance coverage made available with respect to the particular type of property, whichever is less: Provided further, That if the financial assistance provided is in the form of a loan or an insurance or guaranty of a loan, the amount of flood insurance required need not exceed the outstanding principal balance of the loan and need not be required beyond the term of the loan. The requirement of maintaining flood insurance shall apply during the life of the property, regardless of transfer of ownership of such property.''. (2) Requirement for mortgage loans.--Subsection (b) of section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)) is amended-- (A) by striking the subsection designation and all that follows through the end of paragraph (5) and inserting the following: ``(b) Requirement for Mortgage Loans.-- ``(1) Regulated lending institutions.--Each Federal entity for lending regulation (after consultation and coordination with the Financial Institutions Examination Council established under the Federal Financial Institutions Examination Council Act of 1974) shall by regulation direct regulated lending institutions not to make, increase, extend, or renew any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Administrator as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968, unless the building or mobile home and any personal property securing such loan is covered for the term of the loan by flood insurance: Provided, That the amount of flood insurance (A) in the case of Federal flood insurance, is at least equal to the outstanding principal balance of the loan or the maximum limit of Federal flood insurance coverage made available with respect to the particular type of property, whichever is less; or (B) in the case of private flood insurance, is at least equal to the outstanding principal balance of the loan or the maximum limit of Federal flood insurance coverage made available with respect to the particular type of property, whichever is less. ``(2) Federal agency lenders.-- ``(A) In general.--A Federal agency lender may not make, increase, extend, or renew any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Administrator as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968, unless the building or mobile home and any personal property securing such loan is covered for the term of the loan by flood insurance in accordance with paragraph (1). Each Federal agency lender may issue any regulations necessary to carry out this paragraph. Such regulations shall be consistent with and substantially identical to the regulations issued under paragraph (1). ``(B) Requirement to accept flood insurance.--Each Federal agency lender shall accept flood insurance as satisfaction of the flood insurance coverage requirement under subparagraph (A) if the flood insurance coverage meets the requirements for coverage under that subparagraph. ``(3) Government-sponsored enterprises for housing.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall implement procedures reasonably designed to ensure that, for any loan that is-- ``(A) secured by improved real estate or a mobile home located in an area that has been identified, at the time of the origination of the loan or at any time during the term of the loan, by the Administrator as an area having special flood hazards and in which flood insurance is available under the National Flood Insurance Act of 1968, and ``(B) purchased or guaranteed by such entity, the building or mobile home and any personal property securing the loan is covered for the term of the loan by flood insurance in the amount provided in paragraph (1). The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall accept flood insurance as satisfaction of the flood insurance coverage requirement under paragraph (1) if the flood insurance coverage provided meets the requirements for coverage under that paragraph and any requirements established by the Federal National Mortgage Association or the Federal Home Loan Corporation, respectively, relating to the financial strength of private insurance companies from which the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation will accept private flood insurance, provided that such requirements shall not affect or conflict with any State law, regulation, or procedure concerning the regulation of the business of insurance. ``(4) Applicability.-- ``(A) Existing coverage.--Except as provided in subparagraph (B), paragraph (1) shall apply on the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994. ``(B) New coverage.--Paragraphs (2) and (3) shall apply only with respect to any loan made, increased, extended, or renewed after the expiration of the 1-year period beginning on the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994. Paragraph (1) shall apply with respect to any loan made, increased, extended, or renewed by any lender supervised by the Farm Credit Administration only after the expiration of the period under this subparagraph. ``(C) Continued effect of regulations.-- Notwithstanding any other provision of this subsection, the regulations to carry out paragraph (1), as in effect immediately before the date of enactment of the Riegle Community Development and Regulatory Improvement Act of 1994, shall continue to apply until the regulations issued to carry out paragraph (1) as amended by section 522(a) of such Act take effect. ``(5) Rule of construction.--Except as otherwise specified, any reference to flood insurance in this section shall be considered to include Federal flood insurance and private flood insurance. Nothing in this subsection shall be construed to supersede or limit the authority of a Federal entity for lending regulation, the Federal Housing Finance Agency, a Federal agency lender, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation to establish requirements relating to the financial strength of private insurance companies from which the entity or agency will accept private flood insurance, provided that such requirements shall not affect or conflict with any State law, regulation, or procedure concerning the regulation of the business of insurance.''; and (B) by striking paragraph (7) and inserting the following new paragraph: ``(7) Definitions.--In this section: ``(A) Flood insurance.--The term `flood insurance' means-- ``(i) Federal flood insurance; and ``(ii) private flood insurance. ``(B) Federal flood insurance.--the term `Federal flood insurance' means an insurance policy made available under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). ``(C) Private flood insurance.--The term `private flood insurance' means an insurance policy that-- ``(i) is issued by an insurance company that is-- ``(I) licensed, admitted, or otherwise approved to engage in the business of insurance in the State in which the insured building is located, by the insurance regulator of that State; or ``(II) eligible as a nonadmitted insurer to provide insurance in the home State of the insured, in accordance with sections 521 through 527 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 8201 through 8206); ``(ii) is issued by an insurance company that is not otherwise disapproved as a surplus lines insurer by the insurance regulator of the State in which the property to be insured is located; and ``(iii) provides flood insurance coverage that complies with the laws and regulations of that State. ``(D) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.''. (b) Effect of Private Flood Insurance Coverage on Continuous Coverage Requirements.--Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the following: ``(n) Effect of Private Flood Insurance Coverage on Continuous Coverage Requirements.--For purposes of applying any statutory, regulatory, or administrative continuous coverage requirement, including under section 1307(g)(1), the Administrator shall consider any period during which a property was continuously covered by private flood insurance (as defined in section 102(b)(7) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)(7))) to be a period of continuous coverage.''. Passed the House of Representatives April 28, 2016. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on June 25, 2015. Flood Insurance Market Parity and Modernization Act (Sec. 2) This bill amends the Flood Disaster Protection Act of 1973 to make technical amendments without substantive change to requirements for flood insurance under either the federal program or private flood insurance. (Under current law, any building, mobile home or personal property that would be financed by a federally-backed mortgage must have flood insurance if the property is located in an area designated as a special flood hazard.) As under current law, the amount of mandatory flood insurance shall be, for either federal or private flood insurance, equal to the development or project cost of the building, mobile home, or personal property (less estimated land cost), the outstanding principal balance of the loan, or the maximum limit of federal flood insurance coverage available for the particular type of property, whichever is less. The bill revises without substantive change the flood insurance requirements that apply to home loans or loan guarantees by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). This revision does specify, however, that any requirements established by Fannie Mae or Freddie Mac relating to the financial strength of private insurance companies from which they will accept private flood insurance must not affect or conflict with any state law, regulation, or procedure concerning the regulation of the business of insurance. Private flood insurance shall include, in addition to a policy issued by a company licensed, admitted, or otherwise approved by the state (as in current law), any policy issued by an insurance company eligible as a nonadmitted insurer to provide flood insurance in the state or jurisdiction where the property to be insured is located. The bill specifies that the federal flood insurance program, with respect to both private and federal flood insurance, extends to Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa. FEMA must consider any period during which a property was continuously covered by private flood insurance to be a period of continuous insurance coverage.

Flood Insurance Market Parity and Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abandoned Mine Land Area Redevelopment Act of 2005''. SEC. 2. CREDIT TO HOLDERS OF QUALIFIED ABANDONED MINE LAND AREA REDEVELOPMENT BONDS. (a) In General.--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 section: ``SEC. 30B. CREDIT TO HOLDERS OF QUALIFIED ABANDONED MINE LAND AREA REDEVELOPMENT BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a qualified abandoned mine land area redevelopment bond on a credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to credit allowance dates during such year on which the taxpayer holds such bond. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified abandoned mine land area redevelopment bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any qualified abandoned mine land area redevelopment bond is the product of-- ``(A) the applicable credit rate, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Applicable credit rate.--For purposes of paragraph (1), the applicable credit rate with respect to an issue is the rate equal to an average market yield (as of the day before the date of issuance of the issue) on outstanding long-term corporate debt obligations (determined under regulations prescribed by the Secretary). ``(4) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed. ``(c) Qualified Abandoned Mine Land Area Redevelopment Bond.--For purposes of this section-- ``(1) In general.--The term `qualified abandoned mine land area redevelopment bond' means any bond issued as part of an issue if-- ``(A) the issuer is an approved special purpose entity, ``(B) all of the net proceeds of the issue are deposited into either-- ``(i) an approved segregated program fund, or ``(ii) a sinking fund for payment of principal on the bonds at maturity, ``(C) the issuer designates such bond for purposes of this section, and ``(D) the term of each bond which is part of such issue does not exceed 30 years. Not more than \1/6\ of the net proceeds of an issue may be deposited into a sinking fund referred to in subparagraph (B)(ii). ``(2) Limitation on amount of bonds designated.--The maximum aggregate face amount of bonds designated by an approved special purpose entity shall not exceed the portion of the national volume cap allocated to that entity by the Administrator of the Environmental Protection Agency. ``(3) National volume cap.--The national volume cap is $20,000,000,000. The Administrator of the Environmental Protection Agency shall allocate such amount among the approved special purpose entities, except that not less than $2,000,000,000 of such amount shall be allocated to an entity whose comprehensive plan only covers abandoned mine land areas containing anthracite coal. ``(4) Approved special purpose entity.--The term `approved special purpose entity' means a State or local governmental entity, or an entity described in section 501(c) and exempt from tax under section 501(a), if-- ``(A) such entity is established and operated exclusively to carry out qualified purposes, ``(B) such entity has a comprehensive plan to restore and redevelop abandoned mine land areas, and ``(C) such entity and plan are approved by the Administrator of the Environmental Protection Agency. ``(5) Approved segregated program fund.--The term `approved segregated program fund' means any segregated fund the amounts in which may be used only for qualified purposes, but only if such fund has safeguards approved by such Administrator to assure that such amounts are only used for such purposes. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under part IV of subchapter A (other than this section and subpart C thereof, relating to refundable credits). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by paragraph (1) for such 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) Other Definitions.--For purposes of this section-- ``(1) Abandoned mine land areas.--The term `abandoned mine land areas' means lands and water eligible pursuant to section 404 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1234) for expenditures from the Abandoned Mine Reclamation Fund under title IV of such Act (30 U.S.C. 1231 et seq.). ``(2) Qualified purpose.--The term `qualified purpose' means, with respect to any qualified abandoned mine land area redevelopment bond-- ``(A) the purchase, restoration, and redevelopment of abandoned mine land areas, ``(B) the cleanup of waterways and their tributaries, both surface and subsurface, on abandoned mine land areas from acid mine drainage and other pollution, ``(C) the provision of financial and technical assistance for infrastructure construction and upgrading water and sewer systems on abandoned mine land areas, ``(D) research and development relating to abandoned mine land areas, ``(E) other environmental and economic development purposes relating to abandoned mine land areas, and ``(F) such other purposes as are set forth in the comprehensive plan prepared by the issuer and approved by the Administrator of the Environmental Protection Agency. ``(3) Credit allowance date.--The term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term includes the last day on which the bond is outstanding. ``(4) Bond.--The term `bond' includes any obligation. ``(f) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (d)) and the amount so included shall be treated as interest income. ``(g) Bonds Held by Regulated Investment Companies.--If any qualified abandoned mine land area redevelopment bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(h) Credits May Be Stripped.--Under regulations prescribed by the Secretary-- ``(1) In general.--There may be a separation (including at issuance) of the ownership of a qualified abandoned mine land area redevelopment bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(2) Certain rules to apply.--In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified abandoned mine land area redevelopment bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. ``(i) Treatment for Estimated Tax Purposes.--Solely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a qualified abandoned mine land area redevelopment bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date. ``(j) Credit May Be Transferred.--Nothing in any law or rule of law shall be construed to limit the transferability of the credit allowed by this section through sale and repurchase agreements. ``(k) Reporting.--The issuer of qualified abandoned mine land area redevelopment bonds shall submit reports similar to the reports required under section 149(e). ``(l) Termination.--This section shall not apply to any bond issued more than 10 years after the date that the first qualified abandoned mine land area redevelopment bond is issued.''. (b) Reporting.--Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on qualified abandoned mine land area redevelopment bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 30B(f) and such amounts shall be treated as paid on the credit allowance date (as defined in section 30B(e)(3)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary shall prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.''. (c) Conforming Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit to holders of qualified abandoned mine land area redevelopment bonds.''. (d) Deadline for Regulations.--The Secretary of the Treasury shall prescribe the regulations required by section 6049(d)(8) of the Internal Revenue Code of 1986 (as added by this section) not later than 120 days after the date of the enactment of this Act. (e) Approval of Bonds, Etc., by Administrator of the Environmental Protection Agency.--The Administrator of the Environmental Protection Agency shall act on any request for an approval required by section 30B of the Internal Revenue Code of 1986 (as added by this section) not later than 60 days after the date such request is submitted to such Administrator. (f) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2005.

Abandoned Mine Land Area Redevelopment Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for investment in abandoned mine land area redevelopment bonds. Sets forth rules and formulae for the tax credit relating to the applicable credit rate, bond issuance and redemption, the amount of bonds designated, and a national volume cap. Specifies the purposes for such bonds, including: (1) the purchase, restoration, and redevelopment of abandoned mine land areas; (2) the cleanup of waterways on abandoned mine land areas from acid mine drainage and other pollution: (3) the provision of financial and technical assistance for infrastructure construction and upgrades on abandoned mine land areas; (4) research and development; and (5) other environmental and economic development relating to abandoned mine land areas.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax to holders of bonds issued to finance land and water reclamation of abandoned mine land areas.

SECTION 1. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a), is amended by adding at the end the following new subsection: ``(i) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions-- ``(1) from persons other than individual residents of the congressional district involved in excess of 50 percent of the total of contributions accepted; or ``(2) from persons other than individual residents of the State in which the congressional district involved is located in excess of 10 percent of the total of contributions accepted.''. SEC. 2. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO CONTRIBUTIONS BY A MULTICANDIDATE POLITICAL COMMITTEE TO A HOUSE OF REPRESENTATIVES CANDIDATE. Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the following: ``, except that in the case of an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the limitation shall be $1,000''. SEC. 3. BAN ON SOFT MONEY. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``limitations and reporting requirements for amounts paid for mixed political activities ``Sec. 323. (a) Any payment by the national committee of a political party or a State committee of a political party for a mixed political activity-- ``(1) shall be subject to limitation and reporting under this Act as if such payment were an expenditure; and ``(2) may be paid only from an account that is subject to the requirements of this Act. ``(b) As used in this section, the term `mixed political activity' means, with respect to a payment by the national committee of a political party or a State committee of a political party, an activity, such as a voter registration program, a get-out-the-vote drive, or general political advertising, that is both (1) for the purpose of influencing an election for Federal office, and (2) for any purpose unrelated to influencing an election for Federal office.''. (b) Repeal of Building Fund Exception to the Definition of the Term ``Contribution''.--Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (1) by striking out clause (viii); and (2) by redesignating clauses (ix) through (xiv) as clauses (viii) through (xiii), respectively. SEC. 4. HOUSE OF REPRESENTATIVES OFFICIAL MAIL ALLOWANCE FORMULA REDUCTION. Section 311(e)(2)(B)(i) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e(e)(2)(B)(i)) is amended by striking out ``3'' and inserting in lieu thereof ``1.5''. SEC. 5. BAN ON UNSOLICITED MAIL AS FRANKED MAIL WITHIN 60 DAYS BEFORE A MEMBER'S PRIMARY AND GENERAL ELECTION. (a) In General.--Section 3210(a)(6) of title 39, United States Code, is amended-- (1) by striking out ``mass mailing'' and inserting in lieu thereof ``unsolicited mailing'' each place it occurs in subparagraphs (A) through (D); and (2) by adding at the end the following: ``(G) As used in this paragraph, the term `unsolicited mailing' means all mail other than mail that is-- ``(i) in direct response to a communication from a person to whom the matter is mailed; ``(ii) from a Member of Congress to other Members of Congress; ``(iii) a news release to the communications media; or ``(iv) in furtherance of the administrative duties of the Member of Congress.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to sessions of Congress beginning after the date of the enactment of this Act. SEC. 6. DISCLOSURE OF MEMBER'S FIRST CLASS MAILINGS TO THE PUBLIC. (a) In General.--Section 311(a)(3) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e(a)(3)) is amended by adding before the period at the end the following: ``, including (by separate category) the costs relating to franked, first class mass mailings''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to sessions of Congress beginning after the date of the enactment of this Act. SEC. 7. AMENDMENTS TO COMMUNICATIONS ACT OF 1934. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) in subsection (b)(1)-- (A) by striking ``forty-five'' and inserting ``30''; (B) by striking ``sixty'' and inserting ``45''; and (C) by striking ``lowest unit charge of the station for the same class and amount of time for the same period'' and insert ``lowest charge of the station for the same amount of time for the same period''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting immediately after subsection (b) the following new subsection: ``(c)(1) Except as provided in paragraph (2), a licensee shall not preempt the use, during any period specified in subsection (b)(1), of a broadcasting station by a legally qualified candidate for public office who has purchased and paid for such use pursuant to the provisions of subsection (b)(1). ``(2) If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the broadcasting station, any candidate advertising spot scheduled to be broadcast during that program may also be preempted.''; and (4) in subsection (d) (as redesignated by paragraph (2) of this section)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end thereof the following new paragraph: ``(3) a station's lowest charge for purposes of paragraph (1)-- ``(A) with respect to a primary or primary runoff election, is determined for the interval beginning 60 days before such election and ending on the date of that election; and ``(B) with respect to a general or special election, is determined for the interval beginning 90 days before such election and ending on the date of that election.''. SEC. 8. PROHIBITION OF TRAVEL BY MEMBERS, OFFICERS, AND EMPLOYEES OF THE HOUSE OF REPRESENTATIVES AT LOBBYIST EXPENSE. (a) In General.--A Member, officer, or employee of the House of Representatives may not perform any travel at the expense of a person who is required to register under section 308 of the Federal Regulation of Lobbying Act (2 U.S.C. 267). (b) Definition.--As used in this section, the term ``Member of the House of Representatives'' means a Representative in, or a Delegate or Resident Commissioner to, the Congress.

Amends the Federal Election Campaign Act of 1971 to limit contributions to House of Representatives (House) elections from persons other than local individual residents. Reduces maximum House contribution amounts from multicandidate political committees (PACs). Sets forth limitations and reporting requirements for amounts paid for mixed political activities ("soft money"). Amends the Legislative Branch Appropriations Act, 1991 to: (1) reduce the House mail allowance formula; and (2) require public disclosure of a Member's first class mailings. Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary and the last 45 (currently 60) days before a general election, at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control. Prohibits lobbyist-paid travel by House members, officers, or employees.

To amend the Federal Election Campaign Act of 1971 to reform House of Representatives campaign finance laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Library of Congress Financial Management Act of 2000''. TITLE I--LIBRARY OF CONGRESS REVOLVING FUND SEC. 101. AVAILABILITY OF FUND FOR ACTIVITIES. The Librarian of Congress (hereafter in this Act referred to as the ``Librarian'') is authorized-- (1) to establish the activities described in section 102 as Revolving Fund service activities; and (2) to establish Revolving Fund service units, which may be partially or fully sustained through the Library of Congress Revolving Fund established under section 103, to carry out such activities. SEC. 102. ACTIVITIES DESCRIBED. The activities described in this section are as follows: (1) The preparation of research reports, translations, analytical studies, and related services for any entity of the Federal Government or the government of the District of Columbia. (2) The provision of any of the following services for entities of the Federal Government or the government of the District of Columbia: (A) The centralized acquisition of publications and library materials in any format. (B) Information, research, and library support services. (C) Training in library and information services. (D) Services related to any of the services described in the preceding subparagraphs. (3) Decimal classification development. (4) The operation of a gift shop or other sales of items associated with collections, exhibits, performances, and special events of the Library of Congress. (5) The location, copying, storage, preservation, and delivery services for library documents and audio-visual materials (other than basic domestic interlibrary loan services), and international interlibrary lending. (6) Special events and programs, performances, exhibits, workshops, and training. (7) The cooperative acquisitions program described in section 207 of the Legislative Branch Appropriations Act, 1998 (2 U.S.C. 182). SEC. 103. LIBRARY OF CONGRESS REVOLVING FUND. (a) In General.-- (1) Establishment.--There is established in the Treasury a revolving fund to be known as the ``Library of Congress Revolving Fund'' (hereafter in this Act referred to as the ``Fund''). (2) Contents.--The Fund shall consist of the following amounts: (A) Amounts deposited under subsection (b). (B) Credits under subsection (c). (C) Such other amounts as may be appropriated for the Fund under law. (3) Use of amounts in fund.--Amounts in the Fund shall be available to the Librarian without fiscal year limitation to carry out Revolving Fund service activities under this Act. Obligations for such activities for any fiscal year are limited to the total amounts specified in appropriations Acts for such fiscal year. (b) Amounts Deposited.-- (1) Funds attributable to revolving fund service activities.--Upon the establishment by the Librarian of an activity as a Revolving Fund service activity under section 101, the Librarian shall transfer to the Fund the following: (A) Notwithstanding the requirements of section 1535(d) of title 31, United States Code, any obligated, unexpended balances existing as of the date of the establishment which are attributable to such activity. (B) An amount equal to the difference between-- (i) the total value of the supplies, inventories, equipment, gift fund balances, and other assets of the activity; and (ii) the total value of the liabilities (including the value of accrued annual leave of employees) of the activity. (C) In the case of the cooperative acquisitions program described in section 207 of the Legislative Branch Appropriations Act, 1998, the balance existing in the Cooperative Acquisitions Program Revolving Fund established under section 207(a) of such Act as of the date of the establishment of the program as a Revolving Fund service activity. (2) Temporary transfers of previously appropriated funds.-- The Librarian may temporarily transfer to the Fund other funds appropriated to the Library of Congress, except that the Fund shall reimburse the appropriate accounts of the Library of Congress for amounts so transferred before the period of availability of the Library appropriation expires. (c) Credits.--The Fund shall be credited with all amounts received by the Librarian which are attributable to Revolving Fund service activities, including-- (1) fees, advances, and reimbursements; (2) gifts or bequests of money or property for credit to such activity or the Fund; (3) receipts from sales and exchanges of property; (4) payments for loss or damage to property; and (5) receivables, inventories, and other assets. (d) Individual Accounting Requirement.--A separate account shall be maintained in the Fund with respect to each Revolving Fund service unit. (e) Excess Funds.--At such times as the Librarian determines to be appropriate, the Librarian shall transfer any amount in the Fund that the Librarian determines to be in excess of the amount required by the Fund to the Treasury for deposit as miscellaneous receipts. (f) Annual Report.--Not later than March 31 of each year, the Librarian shall submit to Congress an audited financial statement for the Fund for the preceding fiscal year. The audit of such statement shall be conducted in accordance with Government Auditing Standards for financial audits issued by the Comptroller General of the United States. SEC. 104. OPERATION OF REVOLVING FUND SERVICE ACTIVITIES. (a) Rates for Purchase of Products and Services.--The Librarian is authorized to make any products and services provided as Revolving Fund service activities available for purchase at rates estimated by the Librarian to be adequate to recover, over a reasonable period of time, the direct and indirect costs to the activity of providing such products and services. (b) Advances of Funds.--Participants in Revolving Fund service activities shall pay for products and services of the activity by advance of funds-- (1) if the Librarian determines that amounts in the Revolving Fund are otherwise insufficient to cover the costs of providing such products and services; or (2) upon agreement between participants and the Librarian. (c) Multi-Year Contracting Authority.--In the operation of Revolving Fund service activities, the Librarian may-- (1) enter into contracts for the lease and acquisition of goods and services (including severable services) for a period that begins in one fiscal year and ends in the next fiscal year, pursuant to section 303L of the Federal Property and Administrative Services Act (41 U.S.C. 253l); and (2) enter into multi-year contracts for the acquisition of property and services, pursuant to section 304B of such Act (41 U.S.C. 254c). SEC. 105. REPEAL OF COOPERATIVE ACQUISITIONS PROGRAM. (a) In General.--Section 207 of the Legislative Branch Appropriations Act, 1998 (2 U.S.C. 182) is repealed. (b) Effective Date.--The amendment made by subsection (a) shall take effect upon the establishment by the Librarian of the cooperative acquisitions program described in section 207 of the Legislative Branch Appropriations Act, 1998, as a Revolving Fund service activity under section 101. SEC. 106. NO EFFECT ON PERSONNEL. Nothing in this title may be construed to affect the terms and conditions of employment of any employee of the Library of Congress who carries out any activity designated as a Revolving Fund service activity or who is assigned to a Revolving Fund service unit. TITLE II--CATALOGING PRODUCTS AND SERVICES SEC. 201. AVAILABILITY OF CATALOGING PRODUCTS AND SERVICES. (a) In General.--The Librarian of Congress is authorized to make cataloging products and services created by the Library of Congress available for purchase at prices that reflect as closely as practicable the cost of distribution over a reasonable period of time. Any amounts paid to the Librarian for cataloging products and services pursuant to this subsection shall be deposited in the Treasury to the credit of the appropriation for salaries and expenses of the Library of Congress, and shall remain available until expended for expenses attributable to the necessary distribution of such products and services. (b) Definition.--In this title, the term ``cataloging products and services'' means bibliographic products and services (in any current or future format) that are used by libraries and library organizations, including other Library of Congress-created data bases, and related technical publications. SEC. 202. CONFORMING AMENDMENT. The undesignated paragraph beginning ``The Librarian of Congress'' under the heading ``PUBLIC PRINTING AND BINDING'' in section 1 of the Act entitled ``An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes'', approved June 28, 1902 (2 U.S.C. 150), is repealed. TITLE III--LIBRARY OF CONGRESS TRUST FUND BOARD SEC. 301. REVISIONS TO MEMBERSHIP AND OPERATION OF LIBRARY OF CONGRESS TRUST FUND BOARD. (a) Addition of Vice Chair of Joint Committee on the Library as Board Member.--Section 1 of the Act entitled ``An Act to create a Library of Congress Trust Fund Board, and for other purposes'', approved March 3, 1925 (2 U.S.C. 154), is amended in the first sentence of the first paragraph by inserting ``and the vice chair'' after ``chairman.'' (b) Quorum Requirement.--Section 1 of such Act (2 U.S.C. 154) is amended in the second sentence of the first paragraph by striking ``Nine'' and inserting ``Seven''. (c) Temporary Extension of Board Member Term.--Section 1 of such Act (2 U.S.C. 154) is amended in the first paragraph by inserting after the first sentence the following: ``Upon request of the chair of the Board, any member whose term has expired may continue to serve on the Trust Fund Board until the earlier of the date on which such member's successor is appointed or the expiration of the 2-year period which begins on the date such member's term expires.''. TITLE IV--EFFECTIVE DATE SEC. 401. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect October 1, 2000.

(Sec. 105) Repeals provisions of the Legislative Branch Appropriations Act, 1998 establishing the Cooperative Acquisitions Program Revolving Fund for financing a Library program to acquire foreign publications and research materials on behalf of participating institutions on a cost-recovery basis. (Sec. 106) Prohibits the construction of this title to affect the terms and conditions of employment of any Library of Congress employee who carries out any activities designated as a Revolving Fund service activity or who is assigned to a Revolving Fund service unit. Title II: Cataloging Products and Services - Authorizes the Librarian of Congress to make cataloging products and services, created by the Library, available for purchase at prices that reflect as closely as practicable the cost of distribution over a reasonable period. (Sec. 202) Repeals Federal law provisions that authorize the Librarian of Congress to sell copies of card indexes and other publications to institutions or individuals. Title III: Library of Congress Trust Fund Board - Revises the composition of the Library of Congress Trust Fund Board to include the vice chair of the Joint Committee on the Library. Decreases the Board's quorum from nine to seven members for the transaction of business. Provides for a temporary extension of Board members' terms. Title IV: Effective Date - Sets forth the effective date of this Act.

Library of Congress Financial Management Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Mexico Transboundary Aquifer Assessment Act''. SEC. 2. PURPOSE. The purpose of this Act is to direct the Secretary of the Interior to establish a United States-Mexico transboundary aquifer assessment program to-- (1) systematically assess priority transboundary aquifers; and (2) provide the scientific foundation necessary for State and local officials to address pressing water resource challenges in the United States-Mexico border region. SEC. 3. DEFINITIONS. In this Act: (1) Aquifer.--The term ``aquifer'' means a subsurface water-bearing geologic formation from which significant quantities of water may be extracted. (2) Border state.--The term ``Border State'' means each of the States of Arizona, California, New Mexico, and Texas. (3) Indian tribe.--The term ``Indian tribe'' means an Indian tribe, band, nation, or other organized group or community-- (A) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; and (B) the reservation of which includes a transboundary aquifer within the exterior boundaries of the reservation. (4) Priority transboundary aquifer.--The term ``priority transboundary aquifer'' means a transboundary aquifer that has been designated for study and analysis under the program. (5) Program.--The term ``program'' means the United States- Mexico transboundary aquifer assessment program established under section 4(a). (6) Reservation.--The term ``reservation'' means land that has been set aside or that has been acknowledged as having been set aside by the United States for the use of an Indian tribe, the exterior boundaries of which are more particularly defined in a final tribal treaty, agreement, executive order, Federal statute, secretarial order, or judicial determination. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (8) Transboundary aquifer.--The term ``transboundary aquifer'' means an aquifer that underlies the boundary between the United States and Mexico. (9) Tri-regional planning group.--The term ``Tri-Regional Planning Group'' means the binational planning group comprised of-- (A) the Junta Municipal de Agua y Saneamiento de Ciudad Juarez; (B) the El Paso Water Utilities Public Service Board; and (C) the Lower Rio Grande Water Users Organization. (10) Water resources research institutes.--The term ``water resources research institutes'' means the institutes within the Border States established under section 104 of the Water Resources Research Act of 1984 (42 U.S.C. 10303). SEC. 4. ESTABLISHMENT OF PROGRAM. (a) In General.--The Secretary, in consultation and cooperation with the Border States, the water resources research institutes, Sandia National Laboratories, and other appropriate entities in the United States and Mexico, shall carry out the United States-Mexico transboundary aquifer assessment program to characterize, map, and model transboundary groundwater resources along the United States- Mexico border at a level of detail determined to be appropriate for the particular aquifer. (b) Objectives.--The objectives of the program are to-- (1) develop and implement an integrated scientific approach to assess transboundary groundwater resources, including-- (A)(i) identifying fresh and saline transboundary aquifers; and (ii) prioritizing the transboundary aquifers for further analysis by assessing-- (I) the proximity of the transboundary aquifer to areas of high population density; (II) the extent to which the transboundary aquifer is used; (III) the susceptibility of the transboundary aquifer to contamination; and (IV) any other relevant criteria; (B) evaluating all available data and publications as part of the development of study plans for each priority transboundary aquifer; (C) creating a new, or enhancing an existing, geographic information system database to characterize the spatial and temporal aspects of each priority transboundary aquifer; and (D) using field studies, including support for and expansion of ongoing monitoring and metering efforts, to develop-- (i) the additional data necessary to adequately define aquifer characteristics; and (ii) scientifically sound groundwater flow models to assist with State and local water management and administration, including modeling of relevant groundwater and surface water interactions; (2) expand existing agreements, as appropriate, between the United States Geological Survey, the Border States, the water resources research institutes, and appropriate authorities in the United States and Mexico, to-- (A) conduct joint scientific investigations; (B) archive and share relevant data; and (C) carry out any other activities consistent with the program; and (3) produce scientific products for each priority transboundary aquifer that-- (A) are capable of being broadly distributed; and (B) provide the scientific information needed by water managers and natural resource agencies on both sides of the United States-Mexico border to effectively accomplish the missions of the managers and agencies. (c) Designation of Priority Transboundary Aquifers.-- (1) In general.--For purposes of the program, the Secretary shall designate as priority transboundary aquifers-- (A) the Hueco Bolson and Mesilla aquifers underlying parts of Texas, New Mexico, and Mexico; and (B) the Santa Cruz River Valley aquifers underlying Arizona and Sonora, Mexico. (2) Additional aquifers.--The Secretary shall, using the criteria under subsection (b)(1)(A)(ii), evaluate and designate additional priority transboundary aquifers. (d) Cooperation With Mexico.--To ensure a comprehensive assessment of transboundary aquifers, the Secretary shall, to the maximum extent practicable, work with appropriate Federal agencies and other organizations to develop partnerships with, and receive input from, relevant organizations in Mexico to carry out the program. (e) Grants and Cooperative Agreements.--The Secretary may provide grants or enter into cooperative agreements and other agreements with the water resources research institutes and other Border State entities to carry out the program. SEC. 5. IMPLEMENTATION OF PROGRAM. (a) Coordination With States, Tribes, and Other Entities.--The Secretary shall coordinate the activities carried out under the program with-- (1) the appropriate water resource agencies in the Border States; (2) any affected Indian tribes; and (3) any other appropriate entities that are conducting monitoring and metering activity with respect to a priority transboundary aquifer. (b) New Activity.--After the date of enactment of this Act, the Secretary shall not initiate any new field studies or analyses under the program before consulting with, and coordinating the activity with, any Border State water resource agencies that have jurisdiction over the aquifer. (c) Study Plans; Cost Estimates.-- (1) In general.--The Secretary shall work closely with appropriate Border State water resource agencies, water resources research institutes, and other relevant entities to develop a study plan, timeline, and cost estimate for each priority transboundary aquifer to be studied under the program. (2) Requirements.--A study plan developed under paragraph (1) shall, to the maximum extent practicable-- (A) integrate existing data collection and analyses conducted with respect to the priority transboundary aquifer; (B) if applicable, improve and strengthen existing groundwater flow models developed for the priority transboundary aquifer; and (C) be consistent with appropriate State guidelines and goals. SEC. 6. EFFECT. Nothing in this Act affects-- (1) the jurisdiction or responsibility of a Border State with respect to managing surface or groundwater resources in the Border State; or (2) the water rights of any person or entity using water from a transboundary aquifer. SEC. 7. REPORTS. Not later than 5 years after the date of enactment of this Act, and on completion of the program in fiscal year 2014, the Secretary shall submit to the appropriate water resource agency in the Border States, an interim and final report, respectively, that describes-- (1) any activities carried out under the program; (2) any conclusions of the Secretary relating to the status of transboundary aquifers; and (3) the level of participation in the program of entities in Mexico. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $50,000,000 for the period of fiscal years 2005 through 2014. (b) Distribution of Funds.--Of the amounts made available under subsection (a), 50 percent shall be made available to the water resources research institutes to provide funding to appropriate entities in the Border States (including Sandia National Laboratories, State agencies, universities, the Tri-Regional Planning Group, and other relevant organizations) and Mexico to conduct activities under the program, including the binational collection and exchange of scientific data. Passed the Senate September 15, 2004. Attest: EMILY J. REYNOLDS, Secretary.

United States-Mexico Transboundary Aquifer Assessment Act - (Sec. 4) Directs the Secretary of the Interior, acting through the Director of the U.S. Geological Survey, to carry out a United States-Mexico transboundary aquifer assessment program to characterize, map, and model transboundary groundwater resources along the U.S.-Mexico border, in consultation and cooperation with the States of Arizona, California, New Mexico, and Texas (border States), the water resources research institutes (WRRIs) within the border States established under the Water Resources Research Act of 1984, Sandia National Laboratories, and other appropriate entities in the United States and Mexico. Sets forth as the objectives of the program to: (1) develop and implement an integrated scientific approach to assess transboundary groundwater resources, including by prioritizing aquifers for further analysis; (2) expand existing agreements between the U.S. Geological Survey, the border States, the WRRIs, and appropriate authorities in the United States and Mexico to conduct joint scientific investigations, archive and share relevant data, and carry out any other activities consistent with the program; and (3) produce scientific products for each priority aquifer that are capable of being broadly distributed and that provide the scientific information needed by water managers and natural resource agencies on both sides of the border to effectively accomplish their missions. Directs the Secretary to designate priority aquifers, including: (1) the Hueco Bolson and Mesilla aquifers underlying parts of Texas, New Mexico, and Mexico; and (2) the Santa Cruz River Valley aquifers underlying Arizona and Sonora, Mexico. . Directs the Secretary to work with appropriate Federal agencies and other organizations to develop partnerships with, and receive input from, relevant organizations in Mexico to carry out the program. Authorizes the Secretary to provide grants or enter into cooperative and other agreements with the WRRIs and other border State entities to carry out the program. (Sec. 5) Directs the Secretary to coordinate the activities carried out under the program with: (1) the appropriate water resource agencies in the border States; (2) any affected Indian tribes; and (3) any other appropriate entities that are conducting monitoring and metering activity with respect to a priority aquifer. Prohibits the Secretary from initiating any new field studies or analyses under the program before consulting and coordinating with any border State water resource agencies with jurisdiction. Requires the Secretary to work with appropriate border State water resource agencies, WRRIs, and other relevant entities to develop a study plan, timeline, and cost estimate for each priority aquifer to be studied. Directs that such study plan: (1) integrate existing data collection and analyses; (2) improve and strengthen existing groundwater flow models; and (3) be consistent with appropriate State guidelines and goals. (Sec. 6) Declares that nothing in this Act affects: (1) the jurisdiction or responsibility of a border State to manage surface or groundwater resources in the State; or (2) the water rights of any person or entity using water from an aquifer. (Sec. 7) Directs the Secretary, not later than five years after this Act's enactment and on completion of the program in FY 2014, to submit to the appropriate water resource agencies in the border States an interim and final report that describes activities carried out, conclusions relating to the status of aquifers, and participation of entities in Mexico. (Sec. 8) Authorizes appropriations for FY 2005 through 2014. Directs that 50 percent of such amounts be made available to the WRRIs to provide funding to appropriate entities in the border States and Mexico to conduct activities under the program, including the binational collection and exchange of scientific data.

A bill to authorize the Secretary of the Interior to cooperate with the States on the border with Mexico and other appropriate entities in conducting a hydrogeologic characterization, mapping, and modeling program for priority transboundary aquifers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Access to Affordable Drugs Act of 2005''. SEC. 2. ELIMINATION OF DISCRIMINATORY TREATMENT OF EMPLOYER PLANS. (a) Elimination of True Out-Of-Pocket Limitation.--Section 1860D- 2(b)(4)(C) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)(C)) is amended to read as follows: ``(C) Application.--In applying subparagraph (A), incurred costs shall only include costs incurred with respect to covered part D drugs for the annual deductible described in paragraph (1), for cost-sharing described in paragraph (2), and for amounts for which benefits are not provided because of the application of the initial coverage limit described in paragraph (3).''. (b) Equalization of Subsidies.--Notwithstanding any other provision of law, the Secretary of Health and Human Services shall provide for such increase in the special subsidy payment amounts under section 1860D-22(a)(3) of the Social Security Act (42 U.S.C. 1395w-132(a)(3)) as may be appropriate to provide for payments in the aggregate equivalent to the payments that would have been made under section 1860D-15 of such Act if the individuals were not enrolled in a qualified retiree prescription drug plan. In making such computation, the Secretary shall not take into account the application of the amendments made by section 1202 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2480). SEC. 3. DIRECT SUBSIDY FOR CERTAIN STATE PHARMACEUTICAL ASSISTANCE PROGRAMS. Part D of title XVIII of the Social Security Act (42 U.S.C. 1395w- 101 et seq.) is amended by inserting after section 1860D-23 the following new section: ``direct subsidies for certain state pharmaceutical assistance programs ``Sec. 1860D-23A. (a) Direct Subsidy.-- ``(1) In general.--The Secretary shall provide for the payment to a State offering a State pharmaceutical assistance program described in section 1860D-23(b)(1) for each individual who is eligible for, but not enrolled in, a prescription drug plan or MA-PD plan under this part, and who is enrolled in such program for each month for which such individual is so enrolled. ``(2) Amount of payment.-- The amount of the payment under paragraph (1) shall be an amount equal to the special subsidy payment amount determined under section 1860D-22(a)(3) for a qualifying covered retiree for a coverage year enrolled with the sponsor of a qualified retiree prescription drug plan. ``(b) Additional Subsidy.-- ``(1) In general.--The Secretary shall provide for the payment to a State offering a State pharmaceutical assistance program described in section 1860D-23(b)(1) for each applicable low-income individual enrolled in the program for each month for which such individual is so enrolled. ``(2) Amount of payment.-- ``(A) In general.--The amount of the payment under paragraph (1) shall be the amount the Secretary estimates would have been made to a prescription drug plan or MA-PD plan under section 1860D-14 with respect to the applicable low-income individual if such individual was enrolled in such a plan. ``(B) Maximum payments.--In no case may the amount of the payment determined under subparagraph (A) with respect to an applicable low-income individual exceed, as estimated by the Secretary, the average amount paid in a year under section 1860D-14 on behalf of a subsidy eligible individual (as defined in section 1860D- 14(a)(3)(A)) with income that is the same as the income of the applicable low-income individual. ``(3) Applicable low-income individual.--For purposes of this subsection, the term `applicable low-income individual' means an individual who-- ``(A) is eligible for, but not enrolled in, a prescription drug plan or MA-PD plan under this part, and who is enrolled in a State pharmaceutical assistance program described in section 1860D-23(b)(1); and ``(B) would be a subsidy eligible individual (as defined in section 1860D-14(a)(3)(A)) if the individual were enrolled in such a plan. ``(c) Payment Methods.-- ``(1) In general.--Payments under this section shall be based on such a method as the Secretary determines. The Secretary may establish a payment method by which interim payments of amounts under this section are made during a year based on the Secretary's best estimate of amounts that will be payable after obtaining all of the information. ``(2) Source of payments.--Payments under this section shall be made from the Medicare Prescription Drug Account. ``(d) Construction.--Nothing in this section, section 1860D-23, or section 1860D-24 shall be construed as requiring a prescription drug plan or MA-PD plan to coordinate coverage provided under such plan with coverage provided under a State pharmaceutical assistance program described in section 1860D-23(b)(1) that is operated by a State which receives a payment under this section.''. SEC. 4. FACILITATION OF COORDINATION. Section 1860D-24(c)(1) of the Social Security Act (42 U.S.C. 1395w- 134(c)(1)) is amended by striking ``all methods of operation'' and inserting ``its own methods of operation, except that a PDP sponsor or MA organization may not require a State Pharmaceutical Assistance Program or an RX plan described in subsection (b) to apply such tools when coordinating benefits''. SEC. 5. ALLOWING MEDICAID WRAP. Section 1935 of the Social Security Act (42 U.S.C. 1396u-5) is amended by striking subsection (d). SEC. 6. REPEAL OF COMPARATIVE COST ADJUSTMENT PROGRAM. Subtitle E of title II of of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is repealed and any provisions of law amended by such subtitle are restored as if such subtitle had not been enacted. SEC. 7. PROVISION OF WRAP-AROUND PRESCRIPTION DRUG COVERAGE THROUGH MEDIGAP. Section 1882(v) of the Social Security Act (42 U.S.C. 1395ss(v)) is amended as follows: (1) In paragraph (1)(A), by inserting ``, other than such a policy that provides wrap-around prescription drug coverage included within a range of such coverage approved under subparagraph (D)(ii),'' after ``paragraph (6)(A))''. (2) Add at the end of paragraph (1) the following new subparagraph: ``(D) Wrap-around prescription drug coverage.-- ``(i) In general.--Notwithstanding any other provision of this subsection, a medigap Rx policy that provides wrap-around prescription drug coverage included within a range of such coverage approved by the Secretary under clause (ii) may be offered to part D enrollees. ``(ii) Development of standards.--The Secretary shall approve a range of wrap-around prescription drug coverage that may be offered under this subparagraph to part D enrollees.''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act, and the repeal made by section 6, shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).

Preserving Access to Affordable Drugs Act of 2005 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to: (1) allow employer contributions on drug costs to count towards the annual out-of-pocket limit; and (2) provide for direct subsidies for certain State pharmaceutical assistance programs. Directs the Secretary of Health and Human Services to ensure that employer-based plans receive the same subsidization as the Medicare prescription drug plans. Amends SSA title XIX (Medicaid) to ensure that States can provide supplemental Medicaid prescription drug coverage to complement the Medicare drug benefit for seniors who are dually eligible for Medicare and Medicaid. Repeals the comparative cost adjustment program under Medicare. Amends SSA title XVIII part D to allow the provision of wrap-around prescription drug coverage through Medigap.

To amend part D of title XVIII of the Social Security Act to improve the coordination of prescription drug coverage provided under retiree plans and State pharmaceutical assistance programs with the prescription drug benefit provided under the Medicare Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Speak Up to Protect Every Abused Kid Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) children are dependent on the adults in their lives, including parents, extended family, teachers, health care providers, and others in their community, to ensure their safety and well-being; (2) data from the Administration on Children and Families for 2012 indicate that 678,810 children in the United States were reported as being victims of child abuse or neglect, and 11,539 of those children died as a result of such abuse or neglect; (3) regardless of whether an adult is legally required to report child abuse and neglect, every adult who suspects or knows about child abuse or neglect has a moral duty to report such concerns to the appropriate authorities; and (4) establishing a Federal standard for the classes of individuals that State law establishes as mandated reporters will protect children and ensure greater consistency among the laws of States, while allowing States the flexibility to establish additional classes of individuals as mandated reporters. SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING. The Child Abuse Prevention and Treatment Act is amended by inserting after section 103 (42 U.S.C. 5104) the following: ``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING. ``(a) In General.--The Secretary shall make grants to eligible entities to carry out educational campaigns and provide evidence-based or evidence-informed training regarding State laws for mandatory reporting of incidents of child abuse or neglect. ``(b) Guidance and Information on Best Practices.--The Secretary shall develop and disseminate guidance and information on best practices for-- ``(1) educational campaigns to educate members of the public about-- ``(A) the acts and omissions that constitute child abuse or neglect under State law; ``(B) the responsibilities of adults to report suspected and known incidents of child abuse or neglect under State law; and ``(C) the resources available to struggling families to help prevent child abuse and neglect; and ``(2) evidence-based or evidence-informed training programs to improve such reporting by adults, with a focus on adults who work with children in a professional or volunteer capacity. ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In determining whether to make a grant under this section, the Secretary shall determine whether the educational campaign or training proposed by the entity uses practices described in the guidance and information developed under subsection (b). ``(d) Use of Funds.--An entity that receives a grant under this section shall use the funds made available through the grant to carry out an educational campaign, or provide training, described in subsection (b). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2015 and $10,000,000 for each of fiscal years 2016 through 2019.''. SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. Section 106(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (B), by striking ``(B) an assurance'' and all that follows through the end of clause (i), and inserting the following: ``(B) an assurance in the form of a certification by the Governor of the State that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes-- ``(i) provisions or procedures for an individual described in paragraph (5) to report suspected or known incidents of child abuse or neglect to a State child protective service agency or to a law enforcement agency, which shall include a State law for mandatory reporting of such incidents, to either type of agency, by any individual described in paragraph (5), in accordance with paragraph (6);''; (B) in subparagraph (F), by striking ``; and'' and inserting ``;''; (C) in subparagraph (G), by striking the period at the end and inserting ``;''; and (D) by inserting after subparagraph (G) the following: ``(H) an assurance that the State, in developing the State plan described in paragraph (1), has established procedures to ensure coordination between the State law or statewide program described in subparagraph (B) and relevant law enforcement and State or community-based victims' services agencies to ensure that children who are the victims of acts by a perpetrator other than a parent or caretaker that would be considered child abuse or neglect under section 3(2) if the perpetrator of such act were a parent or caretaker, are referred for appropriate follow-up services, even if such children do not qualify for the protections under such State law or statewide program; and ``(I) an assurance that the State will-- ``(i) take primary responsibility to accept and investigate reports of known and suspected child abuse or neglect pertaining to an incident that occurred in that State, even if the child or the alleged perpetrator resides in a different State; ``(ii) in the case of a State that takes primary responsibility to investigate a report as described in clause (i), share the results of the investigation with the State where the child resides and with the State where the alleged perpetrator resides; and ``(iii) in the case of a State in which the child or alleged perpetrator resides, but where the alleged incident did not occur, establish a plan to assist the State with primary responsibility for the investigation.''; and (2) by adding at the end the following: ``(5) Individuals required to report suspected or known child abuse or neglect.--To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require all of the following individuals to report suspected or known incidents of child abuse or neglect: ``(A) Individuals licensed or certified to practice in any health-related field licensed by the State, employees of health care facilities or providers licensed by the State, who are engaged in the admission, examination, care or treatment of individuals, including mental health and emergency medical services providers. ``(B) Individuals employed by a school who have direct contact with children, including teachers, administrators, and independent contractors. ``(C) Peace officers and law enforcement personnel. ``(D) Clergy, including Christian Science practitioners, except where prohibited on account of clergy-penitent privilege. ``(E) Day care and child care operators and employees. ``(F) Employees of social services agencies who have direct contact with children in the course of employment. ``(G) Foster parents. ``(H) Court appointed special advocates (employees and volunteers). ``(I) Camp and after-school employees. ``(J) An individual, paid or unpaid, who, on the basis of the individual's role as an integral part of a regularly scheduled program, activity, or service, accepts responsibility for a child. ``(K) Other individuals, as the applicable State law or statewide program may require. ``(6) Reporting requirement.--To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require such individuals to report suspected or known incidents of child abuse or neglect directly to the appropriate law enforcement or child welfare agency (as applicable under State law) and, if applicable, to the individual's supervisor or employer.''. SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING. (a) Eligibility.--Section 107(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5107c(b)) is amended-- (1) in paragraph (4)-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by adding at the end the following: ``(C) support training for adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law; and''; and (2) in paragraph (5), by inserting before the period ``and the training described in paragraph (4)(C)''. (b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C. 5107c(d)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (2) the following: ``(3) evaluate the State's efforts to train adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law.''. (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 U.S.C. 5107c(e)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(D) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting of and response to suspected and known incidents of child abuse or neglect by adults to the State child protective service agencies or to law enforcement agencies.''. SEC. 6. GENERAL PROGRAM GRANTS. Section 108 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106d) is amended by adding at the end the following: ``(f) Mandatory Reporting.--To be eligible to receive any form of financial assistance under this title, a State shall include in the corresponding plan or application an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. 7. REPORTS. Section 110 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106f) is amended by adding at the end the following: ``(e) Study and Report on State Mandatory Reporting Laws.-- ``(1) Study.--Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act, the Secretary shall collect information on and otherwise study the efforts of States relating to State laws for mandatory reporting of incidents of child abuse or neglect, in order to assess the implementation of the amendments made by that Act. ``(2) Report.-- ``(A) In general.--Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act, the Secretary shall submit to the appropriate committees of Congress a report containing the findings of the study under paragraph (1). ``(B) Contents.--The report submitted under subparagraph (A) shall-- ``(i) provide an update on-- ``(I) implementation of State laws for mandatory reporting described in section 106(b)(2)(B)(i); and ``(II) State efforts to improve reporting on, and responding to reports of, child abuse or neglect; and ``(ii) include data regarding any changes in the rate of substantiated child abuse reports and changes in the rate of child abuse fatalities since the date of enactment of the Speak Up to Protect Every Abused Kid Act.''. SEC. 8. COMMUNITY-BASED GRANTS. Section 204 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116d) is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(13) an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. 9. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act. (b) Mandatory Reporting Requirements.--The amendments made by sections 4, 5(a), 6, and 8 shall apply to the corresponding plans and applications submitted after the date that is 2 years after the date of enactment of this Act.

Speak Up to Protect Every Abused Kid Act - Expresses the sense of Congress with respect to abused children. Amends the Child Abuse Prevention and Treatment Act (CAPTA) to direct the Secretary of Health and Human Services (HHS) to make grants to eligible entities to carry out educational campaigns and provide evidence-based or evidence-informed training regarding state laws for mandatory reporting of incidents of child abuse or neglect. Requires the state plan under a grant for child abuse or neglect prevention and treatment programs to contain specified assurances about: (1) state laws or programs that include procedures for an individual to report suspected or known incidents incidents of child abuse or neglect to state child protective services agencies or to law enforcement agencies; (2) procedures to ensure coordination between the state law or statewide program and relevant law enforcement and state or community-based victims' services agencies with respect to referrals of child victims of acts by a perpetrator other than a parent or caretaker that would otherwise be considered child abuse or neglect; and (3) primary state responsibility to accept and investigate reports of known and suspected child abuse or neglect pertaining to an incident that occurred in the state, even if the child or alleged perpetrator resides in a different state. Requires a state law to require certain licensed, certified, or professional individuals to report suspected or known incidents of child abuse or neglect. Requires the annual state application for a grant for programs relating to investigation and prosecution of child abuse and neglect cases to contain an assurance that the state will support training for adults who work with children in a professional or volunteer capacity to report suspected and known incidents of child abuse or neglect. Requires the state multidisciplinary task force on children's justice to evaluate the state's efforts to train such adults to report such incidents. Requires a state to adopt state task force recommendations in the category of experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting to the state child protective services agencies or to law enforcement agencies of and response to suspected and known incidents of child abuse or neglect by adults. Requires a state, to be eligible to receive any form of financial assistance, to include in its plan or application an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect. Directs the Secretary to collect information on and otherwise study the efforts of states relating to state laws for mandatory reporting of incidents of child abuse or neglect in order to assess the implementation of CAPTA. Requires an application for a community-based grant to contain an assurance that the state has in effect a state law for mandatory reporting of child abuse or neglect.

Speak Up to Protect Every Abused Kid Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act''. TITLE I--STATE CRIMINAL ALIEN ASSISTANCE PROGRAM II SEC. 101. SHORT TITLE. This Act may be cited as the ``State Criminal Alien Assistance Program II Act of 1999''. SEC. 102. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Federal policies and strategies aimed at curbing illegal immigration and criminal alien activity implemented along our Nation's southwest border influence the number of crossings, especially their location. (2) States and local governments were reimbursed approximately 60 percent of the costs of the incarceration of criminal aliens in fiscal year 1996 when only 90 jurisdictions applied for such reimbursement. In subsequent years, the number of local jurisdictions receiving reimbursement has increased. For fiscal year 1999, 280 local jurisdictions applied, and reimbursement amounted to only 40 percent of the costs incurred by those jurisdictions. (3) Certain counties, often with a small taxpayer base, located on or near the border across from sometimes highly populated areas of Mexico, suffer a substantially disproportionate share of the impact of criminal illegal aliens on its law enforcement and criminal justice systems. (4) A University of Arizona study released in January 1998 reported that at least 2 of the 4 counties located on Arizona's border of Mexico, Santa Cruz and Cochise Counties, are burdened with this problem-- (A) for example, in 1998, Santa Cruz County had 12.7 percent of Arizona's border population but 50 percent of alien crossings and 32.5 percent of illegal alien apprehensions; (B) for fiscal year 1998, it is estimated that, of its total criminal justice budget of 5,000,000 ($5,033,000), Santa Cruz County spent $1,900,000 (39 percent) to process criminal illegal aliens, of which over half was not reimbursed by Federal monies; and (C) Santa Cruz County has not obtained relief from this burden, despite repeated appeals to Federal and State officials. (5) In the State of Texas, the border counties of Cameron, Dimmit, El Paso, Hidalgo, Kinney, Val Verde, and Webb bore the unreimbursed costs of apprehension, prosecution, indigent defense, and other related services for criminal aliens who served more than 142,000 days in county jails. (6) Throughout Texas nonborder counties bore similar unreimbursed costs for apprehension, prosecution, indigent defense, and other related services for criminal aliens who served more than 1,000,000 days in county jails. (7) The State of Texas has incurred substantial additional unreimbursed costs for State law enforcement efforts made necessary by the presence of criminal illegal aliens. (8) The Federal Government should reimburse States and units of local government for the related costs incurred by the State for the imprisonment of any illegal alien. (b) Purpose.--The purpose of this title is-- (1) to assist States and local communities by providing financial assistance for expenditures for illegal juvenile aliens, and for related costs to States and units of local government that suffer a substantially disproportionate share of the impact of criminal illegal aliens on their law enforcement and criminal justice systems; and (2) to ensure equitable treatment for those States and local governments that are affected by Federal policies and strategies aimed at curbing illegal immigration and criminal alien activity implemented on the southwest border. SEC. 103. REIMBURSEMENT OF STATES FOR INDIRECT COSTS RELATING TO THE INCARCERATION OF ILLEGAL ALIENS. Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365) is amended-- (1) in subsection (a), by striking ``for'' and all that follows through ``State'' and inserting ``for-- ``(1) the costs incurred by the State for the imprisonment of any illegal alien or Cuban national who is convicted of a felony by such State; and ``(2) the indirect costs related to the imprisonment described in paragraph (1).''; (2) by striking subsection (c) and inserting the following: ``(c) Indirect Costs Defined.--In subsection (a), the term `indirect costs' includes-- ``(1) court costs, county attorney costs, and criminal proceedings expenditures that do not involve going to trial; ``(2) indigent defense; and ``(3) unsupervised probation costs.''; and (3) by amending subsection (d) to read as follows: ``(d) Authorization of Appropriations.--There are authorized to be appropriated $200,000,000 to carry out subsection (a)(2) for each of the fiscal years 2001 through 2004.''. SEC. 104. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING JUVENILE ALIENS. (a) In General.--Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365), as amended by section 103 of this Act, is further amended-- (1) in subsection (a)(1), by inserting ``or illegal juvenile alien who has been adjudicated delinquent or committed to a juvenile correctional facility by such State or locality'' before the semicolon; (2) in subsection (b), by inserting ``(including any juvenile alien who has been adjudicated delinquent or has been committed to a correctional facility)'' before ``who is in the United States unlawfully''; and (3) by adding at the end the following: ``(f) Juvenile Alien Defined.--In this section, the term `juvenile alien' means an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act) who has been adjudicated delinquent or committed to a correctional facility by a State or locality as a juvenile offender.''. (b) Annual Report.--Section 332 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1366) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following: ``(5) the number of illegal juvenile aliens (as defined in section 501(f) of the Immigration Reform and Control Act) that are committed to State or local juvenile correctional facilities, including the type of offense committed by each juvenile.''. (c) Conforming Amendment.--Section 241(i)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ``; or''; and (3) by adding at the end the following: ``(iv) is a juvenile alien with respect to whom section 501 of the Immigration Reform and Control Act of 1986 applies.''. SEC. 105. REIMBURSEMENT OF STATES BORDERING MEXICO OR CANADA. Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365), as amended by sections 103 and 104 of this Act, is further amended by adding at the end the following new subsection: ``(g) Manner of Allotment of Reimbursements.--Reimbursements under this section shall be allotted in a manner that takes into account special consideration for any State that-- ``(1) shares a border with Mexico or Canada; or ``(2) includes within the State an area in which a large number of undocumented aliens reside relative to the general population of the area.''. TITLE II--REIMBURSEMENT OF STATES AND LOCALITIES FOR EMERGENCY HEALTH SERVICES TO UNDOCUMENTED ALIENS SEC. 201. AUTHORIZATION OF ADDITIONAL FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED ALIENS (a) Total Amount Available for Allotment.--To the extent of available appropriations under subsection (e), there are available for allotments under this section for each of fiscal years 2002 through 2005, $200,000,000 for payments to certain States under this section. (b) State Allotment Amount.-- (1) In general.--The Secretary shall compute an allotment for each fiscal year beginning with fiscal year 2001 and ending with fiscal year 2004 for each of the 17 States with the highest number of undocumented aliens. The amount of such allotment for each such State for a fiscal year shall bear the same ratio to the total amount available for allotments under subsection (a) for the fiscal year as the ratio of the number of undocumented aliens in the State in the fiscal year bears to the total of such numbers for all such States for such fiscal year. The amount of allotment to a State provided under this paragraph for a fiscal year that is not paid out under subsection (c) shall be available for payment during the subsequent fiscal year. (2) Determination.--For purposes of paragraph (1), the number of undocumented aliens in a State under this section shall be determined based on estimates of the resident illegal alien population residing in each State prepared by the Statistics Division of the Immigration and Naturalization Service as of October 1992 (or as of such later date if such date is at least 1 year before the beginning of the fiscal year involved). (c) Use of Funds.-- (1) In general.--From the allotments made under subsection (b) for a fiscal year, the Secretary shall pay to each State amounts described in a State plan, submitted to the Secretary, under which the amounts so allotted will be paid to local governments, hospitals, and related providers of emergency health services to undocumented aliens in a manner that-- (A) takes into account-- (i) each eligible local government's, hospital's or related provider's payments under the State plan approved under title XIX of the Social Security Act for emergency medical services described in section 1903(v)(2)(A) of such Act (42 U.S.C. 1396b(v)(2)(A)) for such fiscal year; or (ii) an appropriate alternative proxy for measuring the volume of emergency health services provided to undocumented aliens by eligible local governments, hospitals, and related providers for such fiscal year; and (B) provides special consideration for local governments, hospitals, and related providers located in-- (i) a county that shares a border with Mexico or Canada; or (ii) an area in which a large number of undocumented aliens reside relative to the general population of the area. (2) Special rules.--For purposes of this subsection: (A) A provider shall be considered to be ``related'' to a hospital to the extent that the provider furnishes emergency health services to an individual for whom the hospital also furnishes emergency health services. (B) Amounts paid under this subsection shall not duplicate payments made under title XIX of the Social Security Act for the provision of emergency medical services described in section 1903(v)(2)(A) of such Act (42 U.S.C. 1396b(v)(2)(A)). (d) Definitions.--In this section: (1) Hospital.--The term ``hospital'' has the meaning given such term in section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)). (2) Provider.--The term ``provider'' includes a physician, another health care professional, and an entity that furnishes emergency ambulance services. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) State.--The term ``State'' means the 50 States and the District of Columbia. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2001 through 2005.

TABLE OF CONTENTS: Title I: State Criminal Alien Assistance Program II Title II: Reimbursement of States and Localities for Emergency Health Services to Undocumented Aliens State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act - Title I: State Criminal Alien Assistance Program II - State Criminal Alien Assistance Program II Act of 1999 - Amends the Immigration and Reform and Control Act of 1986 to provide for the reimbursement of States for indirect costs of incarcerating illegal aliens. Defines such costs as: (1) court costs, county attorney costs, and non-trial criminal proceedings; (2) indigent defense; and (3) unsupervised probation costs. Authorizes appropriations. Provides for the reimbursement of States for costs of incarcerating juvenile aliens. Provides that reimbursement of States for incarcerating illegal aliens and certain Cuban nationals shall be allocated to give special consideration for any State that: (1) shares a border with Mexico or Canada; or (2) has a large number of undocumented aliens. Title II: Reimbursement of States and Localities for Emergency Health Services to Undocumented Aliens - Authorizes appropriations for allotments to States to be paid to local governments, hospitals, and other providers for emergency health services provided to undocumented aliens. Provides special consideration for providers: (1) in a border county with Mexico or Canada; or (2) in an area with a large number of undocumented aliens. Authorizes appropriations.

State Criminal Alien Assistance Program II and Local Medical Emergency Reimbursement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pulmonary Hypertension Research Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) In order to take full advantage of the tremendous potential for finding a cure or effective treatment, the Federal investment in pulmonary hypertension must be expanded, and coordination among the national research institutes of the National Institutes of Health must be strengthened. (2) Primary, or unexplained, pulmonary hypertension (``PPH'') is a rare lung disorder which occurs for no apparent reason. It has been historically chronic and incurable with a poor survival rate. (3) In the United States it has been estimated that 300 new cases of PPH are diagnosed each year, or about two persons per million population per year; the greatest number are reported in women between the ages of 21 and 40. While at one time the disease was thought to occur among young women almost exclusively; we now know, however, that men and women in all age ranges, from very young children to elderly people, can develop PPH. It also affects people of all racial and ethnic origins equally. (4) The low prevalence of PPH makes learning more about the disease extremely difficult. Studies of PPH also have been difficult because a good animal model of the disease has not been available. (5) In about 6 to 10 percent of cases, PPH is familial. (6) In the more advanced stages of PPH, the patient is able to perform only minimal activity and has symptoms even when resting. The disease may worsen to the point where the patient is completely bedridden. (7) PPH remains a diagnosis of exclusion and is rarely picked up in a routine medical examination. Even in its later stages, the signs of the disease can be confused with other conditions affecting the heart and lungs. (8) In 1981, the National Heart, Lung, and Blood Institute established the first PPH-patient registry in the world. The registry followed 194 people with PPH over a period of at least 1 year and, in some cases, for as long as 7.5 years. Much of what we know about the illness today stems from this study. (9) Because we still do not understand the cause or have a cure for PPH, basic research studies are focusing on the possible involvement of immunologic and genetic factors in the cause and progression of PPH, looking at agents that cause narrowing of the pulmonary blood vessels, and identifying factors that cause growth of smooth muscle and formation of scar tissue in the vessel walls. (10) During the period January 1996 through December 1997 almost 6,000,000 Americans took anorexic drugs, which can cause PPH in some people. Thousands now have PPH and are in terminal stages or have already succumbed to the disease. It is anticipated that many more cases of PPH from diet drugs will be diagnosed within the coming years. (11) Secondary pulmonary hypertension (``SPH'') means the cause is known. Common causes of SPH are the breathing disorders emphysema and bronchitis. Other less frequent causes are the inflammatory or collagen vascular diseases such as scleroderma, CREST syndrome or systemic lupus erythematosus (``SLE''). Other causes include congenital heart diseases that cause shunting of extra blood through the lungs like ventricular and atrial septal defects, chronic pulmonary thromboembolism, HIV infection, liver disease and certain diet drugs. SEC. 3. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE WITH RESPECT TO RESEARCH ON PULMONARY HYPERTENSION. Subpart 2 of part C of title IV of the Public Health Service Act (42 U.S.C. 285b et seq.) is amended by inserting after section 424B the following section: ``pulmonary hypertension ``Sec. 424C. (a) In General.-- ``(1) Expansion of activities.--The Director of the Institute shall expand, intensify, and coordinate the activities of the Institute with respect to research on pulmonary hypertension. ``(2) Coordination with other institutes.--The Director of the Institute shall coordinate the activities of the Director under paragraph (1) with similar activities conducted by other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to pulmonary hypertension. ``(b) Centers of Excellence.-- ``(1) In general.--In carrying out subsection (a), the Director of the Institute shall make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to conduct research on pulmonary hypertension. ``(2) Research, training, and information and education.-- ``(A) In general.--With respect to pulmonary hypertension, each center assisted under paragraph (1) shall-- ``(i) conduct basic and clinical research into the cause, diagnosis, early detection, prevention, control, and treatment of such disease; ``(ii) conduct training programs for scientists and health professionals; ``(iii) conduct programs to provide information and continuing education to health professionals; and ``(iv) conduct programs for the dissemination of information to the public. ``(B) Stipends for training of health professionals.--A center under paragraph (1) may use funds under such paragraph to provide stipends for scientists and health professionals enrolled in programs described in subparagraph (A)(ii). ``(3) Coordination of centers; reports.--The Director shall, as appropriate, provide for the coordination of information among centers under paragraph (1) and ensure regular communication between such centers, and may require the periodic preparation of reports on the activities of the centers and the submission of the reports to the Director. ``(4) Organization of centers.--Each center under paragraph (1) shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director. ``(5) Number of centers; duration of support.--The Director shall, subject to the extent of amounts made available in appropriations Acts, provide for the establishment of not less than three centers under paragraph (1). Support of such a center may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(c) Data System; Clearinghouse.-- ``(1) Data system.--The Director of the Institute shall establish a data system for the collection, storage, analysis, retrieval, and dissemination of data derived from patient populations with pulmonary hypertension, including where possible, data involving general populations for the purpose of identifying individuals at risk of developing such condition. ``(2) Clearinghouse.--The Director of the Institute shall establish an information clearinghouse to facilitate and enhance, through the effective dissemination of information, knowledge and understanding of pulmonary hypertension by health professionals, patients, industry, and the public. ``(d) Public Input.--In carrying out subsection (a), the Director of the Institute shall provide for means through which the public can obtain information on the existing and planned programs and activities of the National Institutes of Health with respect to primary hypertension and through which the Director can receive comments from the public regarding such programs and activities. ``(e) Reports.--The Director of the Institute shall prepare biennial reports on the activities conducted and supported under this section, and shall include such reports in the biennial reports prepared by the Director under section 407. ``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary up to $25,000,000 for each of the fiscal years 2002 through 2006. Such authorizations of appropriations are in addition to any other authorization of appropriations that is available for such purpose.''.

Pulmonary Hypertension Research Act of 2001 - Amends the Public Health Service Act to require the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate the activities of the Institute with respect to research on pulmonary hypertension. Requires a report.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Institutions Examination Fairness and Reform Act''. SEC. 2. TIMELINESS OF EXAMINATION REPORTS. The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.) is amended by adding at the end the following: ``SEC. 1012. TIMELINESS OF EXAMINATION REPORTS. ``(a) In General.-- ``(1) Final examination report.--A Federal financial institutions regulatory agency shall provide a final examination report to a financial institution not later than 60 days after the later of-- ``(A) the exit interview for an examination of the institution; or ``(B) the provision of additional information by the institution relating to the examination. ``(2) Exit interview.--If a financial institution is not subject to a resident examiner program, the exit interview shall occur not later than the end of the 9-month period beginning on the commencement of the examination, except that such period may be extended by the Federal financial institutions regulatory agency by providing written notice to the institution and the Director describing with particularity the reasons that a longer period is needed to complete the examination. ``(b) Examination Materials.--Upon the request of a financial institution, the Federal financial institutions regulatory agency shall include with the final report an appendix listing all examination or other factual information relied upon by the agency in support of a material supervisory determination.''. SEC. 3. INDEPENDENT EXAMINATION REVIEW DIRECTOR. (a) In General.--The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.), as amended by section 2 of this Act, is further amended by adding at the end the following: ``SEC. 1013. OFFICE OF INDEPENDENT EXAMINATION REVIEW. ``(a) Establishment.--There is established in the Council an Office of Independent Examination Review. ``(b) Head of Office.--There is established the position of the Independent Examination Review Director, as the head of the Office of Independent Examination Review. The Director shall be appointed by the Federal Financial Institutions Examination Council. ``(c) Staffing.--The Director is authorized to hire staff to support the activities of the Office of Independent Examination Review. ``(d) Duties.--The Director shall-- ``(1) receive and, at the discretion of the Director, investigate complaints from financial institutions, their representatives, or another entity acting on behalf of such institutions, concerning examinations, examination practices, or examination reports; ``(2) hold meetings, at least once every three months and in locations designed to encourage participation from all sections of the United States, with financial institutions, their representatives, or another entity acting on behalf of such institutions, to discuss examination procedures, examination practices, or examination policies; ``(3) review examination procedures of the Federal financial institutions regulatory agencies to ensure that the written examination policies of those agencies are being followed in practice and adhere to the standards for consistency established by the Council; ``(4) conduct a continuing and regular program of examination quality assurance for all examination types conducted by the Federal financial institutions regulatory agencies; ``(5) adjudicate any supervisory appeal initiated under section 1014; and ``(6) report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Council, on the reviews carried out pursuant to paragraphs (3) and (4), including compliance with the requirements set forth in section 1012 regarding timeliness of examination reports, and the Council's recommendations for improvements in examination procedures, practices, and policies. ``(e) Confidentiality.--The Director shall keep confidential all meetings, discussions, and information provided by financial institutions.''. (b) Definition.--Section 1003 of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3302) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by adding ``and'' at the end; and (3) by adding at the end the following: ``(4) the term `Director' means the Independent Examination Review Director established under section 1013(a) and (b).''. SEC. 4. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY DETERMINATIONS. The Federal Financial Institutions Examination Council Act of 1978, as amended by sections 2 and 3 of this Act, is further amended by adding at the end the following: ``SEC. 1014. RIGHT TO INDEPENDENT REVIEW OF MATERIAL SUPERVISORY DETERMINATIONS. ``(a) In General.--A financial institution shall have the right to obtain an independent review of a material supervisory determination contained in a final report of examination. ``(b) Notice.-- ``(1) Timing.--A financial institution seeking review of a material supervisory determination under this section shall file a written notice with the Director within 60 days after receiving the final report of examination that is the subject of such review. ``(2) Identification of determination.--The written notice shall identify the material supervisory determination that is the subject of the independent examination review, and a statement of the reasons why the institution believes that the determination is incorrect or should otherwise be modified. ``(3) Information to be provided to institution.--Any information relied upon by the agency in the final report that is not in the possession of the financial institution may be requested by the financial institution and shall be delivered promptly by the agency to the financial institution. ``(c) Right to Hearing.-- ``(1) In general.--The Director shall-- ``(A) determine the merits of the appeal on the record; or ``(B) at the election of the financial institution, refer the appeal to an administrative law judge to conduct a hearing pursuant to the procedures set forth under sections 556 and 557 of title 5, United States Code, which shall take place not later than 60 days after the petition for review is received by the Director. ``(2) Timing of decision.--An administrative law judge conducting a hearing under paragraph (1)(B) shall issue a proposed decision to the Director based upon the record established at the hearing. ``(3) Standard of review.--In any hearing under this subsection-- ``(A) neither the administrative law judge nor the Director shall defer to the opinions of the examiner or agency, but shall independently determine the appropriateness of the agency's decision based upon the relevant statutes, regulations, other appropriate guidance, evidence presented at the hearing. ``(d) Final Decision.--A decision by the Director on an independent review under this section shall-- ``(1) be made not later than 60 days after the record has been closed; and ``(2) be deemed final agency action and shall bind the agency whose supervisory determination was the subject of the review and the financial institution requesting the review. ``(e) Right to Judicial Review.--A financial institution shall have the right to petition for review of the decision of the Director under this section by filing a petition for review not later than 60 days after the date on which the decision is made in the United States Court of Appeals for the District of Columbia Circuit or the Circuit in which the financial institution is located. ``(f) Report.--The Director shall report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate on actions taken under this section, including the types of issues that the Director has reviewed and the results of those reviews. In no case shall such a report contain information about individual financial institutions or any confidential or privileged information shared by financial institutions. ``(g) Retaliation Prohibited.--A Federal financial institutions regulatory agency may not-- ``(1) retaliate against a financial institution, including service providers, or any institution-affiliated party, for exercising appellate rights under this section; or ``(2) delay or deny any agency action that would benefit a financial institution or any institution-affiliated party on the basis that an appeal under this section is pending under this section.''. SEC. 5. ADDITIONAL AMENDMENTS. (a) Regulator Appeals Process, Ombudsman, and Alternative Dispute Resolution.-- (1) In general.--Section 309 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4806) is amended-- (A) in subsection (a), by inserting after ``appropriate Federal banking agency'' the following: ``, the Bureau of Consumer Financial Protection,''; (B) in subsection (b)-- (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B) and indenting appropriately; (ii) in the matter preceding subparagraph (A) (as redesignated), by striking ``In establishing'' and inserting ``(1) In general.--In establishing''; (iii) in paragraph (1)(B) (as redesignated), by striking ``the appellant from retaliation by agency examiners'' and inserting ``the insured depository institution or insured credit union from retaliation by an agency referred to in subsection (a)''; and (iv) by adding at the end the following: ``(2) Retaliation.--For purposes of this subsection and subsection (e), retaliation includes delaying consideration of, or withholding approval of, any request, notice, or application that otherwise would have been approved, but for the exercise of the institution's or credit union's rights under this section.''; (C) in subsection (e)(2)-- (i) in subparagraph (B), by striking ``and'' at the end; (ii) in subparagraph (C), by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(D) ensure that appropriate safeguards exist for protecting the insured depository institution or insured credit union from retaliation by any agency referred to in subsection (a) for exercising its rights under this subsection.''; and (D) in subsection (f)(1)(A)-- (i) in clause (ii), by striking ``; and'' and inserting a semicolon; (ii) in clause (iii), by striking ``; and'' and inserting a semicolon; and (iii) by adding at the end the following: ``(iv) any issue specifically listed in an exam report as a matter requiring attention by the institution's management or board of directors; and ``(v) any suspension or removal of an institution's status as eligible for expedited processing of applications, requests, notices, or filings on the grounds of a supervisory or compliance concern, regardless of whether that concern has been cited as a basis for a material supervisory determination or matter requiring attention in an examination report, provided that the conduct at issue did not involve violation of any criminal law; and''. (2) Effect.--Nothing in this subsection affects the authority of an appropriate Federal banking agency or the National Credit Union Administration Board to take enforcement or other supervisory action. (b) Federal Credit Union Act.--Section 205(j) of the Federal Credit Union Act (12 U.S.C. 1785(j)) is amended by inserting ``the Bureau of Consumer Financial Protection,'' before ``the Administration'' each place that term appears. (c) Federal Financial Institutions Examination Council Act.--The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.), as amended by sections 2 through 4 of this Act, is further amended-- (1) in section 1003 (12 U.S.C. 3302)-- (A) by striking paragraph (1) and inserting the following: ``(1) the term `Federal financial institutions regulatory agencies'-- ``(A) means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the National Credit Union Administration; and ``(B) includes the Bureau of Consumer Financial Protection for purposes of sections 1012 through 1014;''; and (B) in paragraph (3), by striking the semicolon at the end and inserting a period; and (2) in section 1005 (12 U.S.C. 3304), by striking ``One- fifth'' and inserting ``One-fourth''.

Financial Institutions Examination Fairness and Reform Act Amends the Federal Financial Institutions Examination Council Act of 1978 to require a federal financial institutions regulatory agency to make a final examination report to a financial institution within 60 days of the later of: (1) the exit interview for an examination of the institution, or (2) the provision of additional information by the institution relating to the examination. Sets a deadline for the exit interview if a financial institution is not subject to a resident examiner program. Sets forth examination standards for financial institutions. Establishes in the Federal Financial Institutions Examination Council the Office of Independent Examination Review, headed by a Director appointed by the Council. Grants a financial institution the right to appeal a material supervisory determination contained in a final report of examination. Requires the Director to determine the merits of the appeal on the record, or, at the election of the financial institution, refer the appeal to an administrative law judge. Declares the decision by the Director on an appeal to: (1) be the final agency action, and (2) bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. Grants a financial institution the right to petition for judicial review of the Director's decision. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to require: (1) the Consumer Financial Protection Bureau (CFPB) to establish an independent intra-agency appellate process in connection with the regulatory appeals process; and (2) appropriate safeguards to protect an insured depository institution or insured credit union from retaliation by either the CFPB, the National Credit Union Administration Board, or any other federal banking agency for exercising its rights.

Financial Institutions Examination Fairness and Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop, Observe, Ask, and Respond to Health and Wellness Act of 2018'' or the ``SOAR to Health and Wellness Act of 2018''. SEC. 2. PROGRAM ESTABLISHMENT. Part E of title XII of the Public Health Service Act (42 U.S.C. 300d-51 et seq.) is amended by adding at the end the following: ``SEC. 1254. STOP, OBSERVE, ASK, AND RESPOND TO HEALTH AND WELLNESS TRAINING PROGRAM. ``(a) In General.--The Secretary shall establish a program to be known as the Stop, Observe, Ask, and Respond to Health and Wellness Training Program or the SOAR to Health and Wellness Training Program (in this section referred to as the `Program') to provide training to health care and social service providers on human trafficking in accordance with this section. ``(b) Activities.-- ``(1) In general.--The Program shall include the Stop, Observe, Ask, and Respond to Health and Wellness Training Program's activities existing on the day before the date of enactment of this section and the authorized initiatives described in paragraph (2). ``(2) Authorized initiatives.--The authorized initiatives of the Program shall include-- ``(A) engaging stakeholders, including victims of human trafficking and Federal, State, local, and tribal partners, to develop a flexible training module-- ``(i) for supporting activities under subsection (c); and ``(ii) that adapts to changing needs, settings, health care providers, and social service providers; ``(B) providing technical assistance to grantees related to implementing activities described in subsection (c) and reporting on any best practices identified by the grantees; ``(C) developing a reliable methodology for collecting data, and reporting such data, on the number of human trafficking victims identified and served by grantees in a manner that, at a minimum, prevents disclosure of individually identifiable information consistent with all applicable privacy laws and regulations; and ``(D) integrating, as appropriate, the training described in paragraphs (1) through (4) of subsection (c) with training programs, in effect on the date of enactment of this section, for health care and social service providers for victims of intimate partner violence, sexual assault, stalking, child abuse, child neglect, child maltreatment, and child sexual exploitation. ``(c) Grants.--The Secretary may award grants to appropriate entities to train health care and social service providers to-- ``(1) identify potential human trafficking victims; ``(2) implement best practices for working with law enforcement to report and facilitate communication with human trafficking victims, in accordance with all applicable Federal, State, local, and tribal laws, including legal confidentiality requirements for patients and health care and social service providers; ``(3) implement best practices for referring such victims to appropriate health care, social, or victims service agencies or organizations; and ``(4) provide such victims with coordinated, age-appropriate, culturally relevant, trauma-informed, patient-centered, and evidence-based care. ``(d) Consideration in Awarding Grants.--The Secretary, in making awards under this section, shall give consideration to-- ``(1) geography; ``(2) the demographics of the population to be served; ``(3) the predominant types of human trafficking cases involved; and ``(4) health care and social service provider profiles. ``(e) Data Collection and Reporting.-- ``(1) In general.--The Secretary shall collect data and report on the following: ``(A) The total number of entities that received a grant under this section. ``(B) The total number and geographic distribution of health care and social service providers trained through the Program. ``(2) Initial report.--In addition to the data required to be collected under paragraph (1), for purposes of the initial report to be submitted under paragraph (3), the Secretary shall collect data on the total number of facilities and health care professional organizations that were operating under, and the total number of health care and social service providers trained through, the Stop, Observe, Ask, and Respond to Health and Wellness Training Program existing prior to the establishment of the Program under this section. ``(3) Annual report.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit an annual report to Congress on the data collected under this subsection in a manner that, at a minimum, prevents the disclosure of individually identifiable information consistent with all applicable privacy laws and regulations. ``(f) Sharing Best Practices.--The Secretary shall make available, on the Internet website of the Department of Health and Human Services, a description of the best practices and procedures used by entities that receive a grant for carrying out activities under this section. ``(g) Definition.--In this section, the term `human trafficking' has the meaning given the term `severe forms of trafficking in persons' as defined in section 103 of the Trafficking Victims Protection Act of 2000. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act, $4,000,000 for each of fiscal years 2020 through 2024.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Stop, Observe, Ask, and Respond to Health and Wellness Act of 2017 or the SOAR to Health and Wellness Act of 2017 (Sec. 3) This bill directs the Department of Health and Human Services (HHS) to establish a program, to be known as the Stop, Observe, Ask, and Respond to Health and Wellness Training Program or the SOAR to Health and Wellness Training Program, to train health care providers and other related providers to: identify potential human trafficking victims, work with law enforcement to report and facilitate communication with such victims, refer victims to social or victims service agencies or organizations, provide such victims with coordinated care tailored to their circumstances, and consider integrating this training with existing training programs. The program must include the functions of the training program with the same name that was operating before this bill's enactment and the following initiatives: engaging stakeholders to develop a flexible training module, providing technical assistance to health education programs and health care professional organizations, facilitating the dissemination of best practices, and developing a methodology for collecting and reporting data on the number of human trafficking victims served in health care settings or other related provider settings. (Sec. 4) HHS must report the number of grantees operating under the program, the number of providers trained through the program, and numbers for the program operating before this program. (Sec. 5) The bill authorizes appropriations for the program through FY2022.

SOAR to Health and Wellness Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Big Thicket National Preserve Addition Act of 1993''. SEC. 2. ADDITIONS TO THE BIG THICKET NATIONAL PRESERVE. (a) Additions.--Subsection (b) of the first section of the Act entitled ``An Act to authorize the establishment of the Big Thicket National Preserve in the State of Texas, and for other purposes'', approved October 11, 1974 (16 U.S.C. 698), hereafter referred to as the ``Act'', is amended as follows: (1) Strike out ``map entitled `Big Thicket National Preserve' '' and all that follows through ``Secretary of the Interior (hereafter referred to as the `Secretary')'' and insert in lieu thereof ``map entitled `Big Thicket National Preserve', dated October 19, 1990, and numbered 20031 C, which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior, and offices of the Superintendent of the preserve. After advising the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, in writing, the Secretary of the Interior (hereafter referred to as the `Secretary') may make minor revisions of the boundaries of the preserve when necessary by publication of a revised drawing or other boundary description in the Federal Register. The Secretary''. (2) Strike out ``and'' at the end of the penultimate undesignated paragraph relating to Little Pine Island-Pine Island Bayou corridor unit. (3) Strike out the period in the ultimate undesignated paragraph relating to Lance Rosier unit and insert in lieu thereof a semicolon. (4) Add at the end thereof the following: ``Village Creek Corridor unit, Hardin County, Texas, comprising approximately 5,309 acres; ``Big Sandy Corridor unit, Hardin, Polk, and Tyler Counties, Texas, comprising approximately 4,818 acres; ``Canyonlands unit, Tyler County, Texas, comprising approximately 1,476 acres; ``Sabine River Blue Elbow unit, Orange County, Texas, comprising approximately 3,592 acres; and ``Addition to the Lower Neches River Corridor unit, Orange and Jasper Counties, Texas, comprising approximately 750 acres.''. (b) Acquisition.--(1) Subsection (c) of the first section of such Act is amended by striking out the first sentence and inserting in lieu thereof the following: ``The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange, any lands, waters, or interests therein which are located within the boundaries of the preserve: Provided, That the Secretary may acquire scenic easements on privately owned undeveloped lands located within the boundaries of the Village Creek Corridor, Big Sandy Corridor, Canyonlands, Blue Elbow, or Lower Neches River unit: Provided further, That privately owned undeveloped lands located within any such unit may be acquired only with the consent of the owner: Provided further, That the Secretary may acquire lands owned by commercial timber companies only by donation or exchange: Provided further, That any lands owned by the State of Texas, or any of its political subdivisions may be acquired by donation only.''. (2) Add at the end of the first section the following new subsections: ``(d) Within 60 days after enactment of this subsection, the Secretary and the Secretary of Agriculture shall identify lands within their jurisdictions located within the vicinity of the preserve which may be suitable for exchange for commercial timber lands within the preserve. In so doing, the Secretary of Agriculture shall seek to identify for exchange national forest lands that are near or adjacent to private lands that are already owned by the commercial timber companies and are of sufficient size and configuration for commercial timber use. Such national forest lands shall be located in the Sabine National Forest in Sabine County, Texas, in the Davy Crockett National Forest south of Texas State Highway 7, or in other sites deemed mutually agreeable. In exercising this exchange authority, the Secretary of the Interior and the Secretary of Agriculture may utilize any authorities or procedures otherwise available to them in connection with land exchanges, and which are not inconsistent with the purposes of this Act. The values of the properties so exchanges shall be approximately equal or, if they are not approximately equal, shall be equalized by the payment of cash to the grantor or to the respective Secretary as circumstances require. Such exchanges shall be completed as soon as possible, but no later than two years after the date of enactment of this subsection. ``(e) With respect to the 37 acre area owned by the Louisiana- Pacific Corporation or its subsidiary, Kirby Forest Industries, Inc., on Big Sandy Creek in Hardin County, Texas, and now utilized as part of the Indian Springs Youth Camp (H.G/ King Abstract 822), the Secretary shall not acquire such area without the consent of the owner so long as the area is used exclusively as a youth camp.''. (c) Publication of Boundary Description.--Not later than 6 months after the date of enactment of this subsection, the Secretary shall publish in the Federal Register a detailed description of the boundary of the Village Creek Corridor unit, the Big Sandy Corridor unit, the Canyonlands unit, the Sabine River Blue Elbow unit, and the addition to the Lower Neches River unit of the Big Thicket National Preserve. (d) Authorization of Appropriations.--Section 6 of such Act is amended by inserting at the end thereof the following new sentence: ``Effective upon date of enactment of this paragraph, there is authorized to be appropriated such sums as may be necessary to carry out the purposes of subsections 1(c) and 1(d).''.

Big Thicket National Preserve Addition Act of 1993 - Expands the boundaries of the Big Thicket National Preserve, Texas, through the addition of specified lands in Hardin, Polk, Tyler, Orange, and Jasper Counties, Texas. Authorizes the Secretary of the Interior to acquire scenic easements on privately-owned undeveloped lands within the boundaries of the specified units added to the Preserve by this Act. Requires the Secretaries of Agriculture and of the Interior to exchange commercial timberlands within and in the vicinity of the Preserve. Prohibits the Secretary of the Interior from acquiring a specified area owned by the Louisiana-Pacific Corporation or its subsidiary, Kirby Forest Industries, Inc., without the owner's consent as long as the area is used exclusively as a youth camp. Authorizes appropriations.

Big Thicket National Preserve Addition Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Graton Rancheria Restoration Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) In their 1997 Report to Congress, the Advisory Council on California Indian Policy specifically recommended the immediate legislative restoration of the Graton Rancheria. (2) The Federated Indians of Graton Rancheria Tribal Council has made the express decision to restrict gaming consistent with the provisions of this Act. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Tribe'' means the Indians of the Graton Rancheria of California. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Interim Tribal Council'' means the governing body of the Tribe specified in section 7. (4) The term ``member'' means an individual who meets the membership criteria under section 6(b). (5) The term ``State'' means the State of California. (6) The term ``reservation'' means those lands acquired and held in trust by the Secretary for the benefit of the Tribe. (7) The term ``service area'' means the counties of Marin and Sonoma, in the State of California. SEC. 4. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND PRIVILEGES. (a) Federal Recognition.--Federal recognition is hereby restored to the Tribe. Except as otherwise provided in this Act, all laws and regulations of general application to Indians and nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. (b) Restoration of Rights and Privileges.--Except as provided in subsection (d), all rights and privileges of the Tribe and its members under any Federal treaty, Executive order, agreement, or statute, or under any other authority which were diminished or lost under the Act of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby restored, and the provisions of such Act shall be inapplicable to the Tribe and its members after the date of the enactment of this Act. (c) Federal Services and Benefits.-- (1) In general.--Without regard to the existence of a reservation, the Tribe and its members shall be eligible, on and after the date of the enactment of this Act for all Federal services and benefits furnished to federally recognized Indian tribes or their members. For the purposes of Federal services and benefits available to members of federally recognized Indian tribes residing on a reservation, members of the Tribe residing in the Tribe's service area shall be deemed to be residing on a reservation. (2) Relation to other laws.--The eligibility for or receipt of services and benefits under paragraph (1) by a tribe or individual shall not be considered as income, resources, or otherwise when determining the eligibility for or computation of any payment or other benefit to such tribe, individual, or household under-- (A) any financial aid program of the United States, including grants and contracts subject to the Indian Self-Determination Act; or (B) any other benefit to which such tribe, household, or individual would otherwise be entitled under any Federal or federally assisted program. (d) Hunting, Fishing, Trapping, Gathering, and Water Rights.-- Nothing in this Act shall expand, reduce, or affect in any manner any hunting, fishing, trapping, gathering, or water rights of the Tribe and its members. (e) Certain Rights Not Altered.--Except as specifically provided in this Act, nothing in this Act shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes levied. SEC. 5. TRANSFER OF LAND TO BE HELD IN TRUST. (a) Lands To Be Taken in Trust.--Upon application by the Tribe, the Secretary shall accept into trust for the benefit of the Tribe any real property located in Marin or Sonoma County, California, for the benefit of the Tribe after the property is conveyed or otherwise transferred to the Secretary and if, at the time of such conveyance or transfer, there are no adverse legal claims to such property, including outstanding liens, mortgages, or taxes. (b) Former Trust Lands of the Graton Rancheria.--Subject to the conditions specified in this section, real property eligible for trust status under this section shall include Indian owned fee land held by persons listed as distributees or dependent members in the distribution plan approved by the Secretary on September 17, 1959, or such distributees' or dependent members' Indian heirs or successors in interest. (c) Lands To Be Part of Reservation.--Any real property taken into trust for the benefit of the Tribe pursuant to this Act shall be part of the Tribe's reservation. (d) Gaming Restricted.--Notwithstanding subsection (c), real property taken into trust for the benefit of the Tribe pursuant to this Act shall not be exempt under section 20(b) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)). (e) Lands To Be Nontaxable.--Any real property taken into trust for the benefit of the Tribe pursuant to this section shall be exempt from all local, State, and Federal taxation as of the date that such land is transferred to the Secretary. SEC. 6. MEMBERSHIP ROLLS. (a) Compilation of Tribal Membership Roll.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall, after consultation with the Tribe, compile a membership roll of the Tribe. (b) Criteria for Membership.-- (1) Until a tribal constitution is adopted under section 8, an individual shall be placed on the Graton membership roll if such individual is living, is not an enrolled member of another federally recognized Indian tribe, and if-- (A) such individual's name was listed on the Graton Indian Rancheria distribution list compiled by the Bureau of Indian Affairs and approved by the Secretary of the Interior on September 17, 1959, under Public Law 85-671; (B) such individual was not listed on the Graton Indian Rancheria distribution list, but met the requirements that had to be met to be listed on the Graton Indian Rancheria distribution list; (C) such individual is identified as an Indian from the Graton, Marshall, Bodega, Tomales, or Sebastopol, California, vicinities, in documents prepared by or at the direction of the Bureau of Indian Affairs, or in any other public or California mission records; or (D) such individual is a lineal descendant of an individual, living or dead, identified in subparagraph (A), (B), or (C). (2) After adoption of a tribal constitution under section 8, such tribal constitution shall govern membership in the Tribe. (c) Conclusive Proof of Graton Indian Ancestry.--For the purpose of subsection (b), the Secretary shall accept any available evidence establishing Graton Indian ancestry. The Secretary shall accept as conclusive evidence of Graton Indian ancestry information contained in the census of the Indians from the Graton, Marshall, Bodega, Tomales, or Sebastopol, California, vicinities, prepared by or at the direction of Special Indian Agent John J. Terrell in any other roll or census of Graton Indians prepared by or at the direction of the Bureau of Indian Affairs and in the Graton Indian Rancheria distribution list compiled by the Bureau of Indian Affairs and approved by the Secretary on September 17, 1959. SEC. 7. INTERIM GOVERNMENT. Until the Tribe ratifies a final constitution consistent with section 8, the Tribe's governing body shall be an Interim Tribal Council. The initial membership of the Interim Tribal Council shall consist of the members serving on the date of the enactment of this Act, who have been elected under the tribal constitution adopted May 3, 1997. The Interim Tribal Council shall continue to operate in the manner prescribed under such tribal constitution. Any vacancy on the Interim Tribal Council shall be filled by individuals who meet the membership criteria set forth in section 6(b) and who are elected in the same manner as are Tribal Council members under the tribal constitution adopted May 3, 1997. SEC. 8. TRIBAL CONSTITUTION. (a) Election; Time; Procedure.--After the compilation of the tribal membership roll under section 6(a), upon the written request of the Interim Council, the Secretary shall conduct, by secret ballot, an election for the purpose of ratifying a final constitution for the Tribe. The election shall be held consistent with sections 16(c)(1) and 16(c)(2)(A) of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act; 25 U.S.C. 476(c)(1) and 476(c)(2)(A), respectively). Absentee voting shall be permitted regardless of voter residence. (b) Election of Tribal Officials; Procedures.--Not later than 120 days after the Tribe ratifies a final constitution under subsection (a), the Secretary shall conduct an election by secret ballot for the purpose of electing tribal officials as provided in such tribal constitution. Such election shall be conducted consistent with the procedures specified in subsection (a) except to the extent that such procedures conflict with the tribal constitution. Passed the House of Representatives June 19, 2000. Attest: JEFF TRANDAHL, Clerk.

Graton Rancheria Restoration Act - Restores Federal recognition and associated rights, privileges, and eligibility for Federal services and benefits to the Indians of the Graton Rancheria of California (the Tribe). Requires the Secretary of the Interior, upon application by the Tribe, to accept in trust for the Tribe any real property located in Marin or Sonoma County, California, after the property is conveyed to the Secretary if there are no adverse legal claims to such property. Provides that any such property shall: (1) be part of the Tribe's reservation; (2) not be exempt from the Indian Gaming Regulatory Act; and (3) be exempt from all local, State, and Federal taxation. Directs the Secretary to compile a membership roll of the Tribe not later than one year after the date of the enactment of this Act. Provides for: (1) an Interim Tribal Council to be the Tribe's governing body; (2) an election to ratify a Tribal constitution; and (3) the election of Tribal officials under such constitution.

Graton Rancheria Restoration Act

SECTION 1. ADJUSTMENT OF STATUS FOR CERTAIN PERSIAN GULF EVACUEES. (a) In General.--The Attorney General shall adjust the status of each alien referred to in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien-- (1) applies for such adjustment; (2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for such adjustment is filed; (3) is admissible to the United States as an immigrant, except as provided in subsection (c); and (4) pays a fee (determined by the Attorney General) for the processing of such application. (b) Aliens Eligible for Adjustment of Status.--The benefits provided in subsection (a) shall apply to the following aliens: (1) Waddah Zireeni, Enas Zireeni, and Anwaar Zireeni. (2) Salah Abu Al Jibat, Ghada Abu Al Jibat, and Tareq Abu Al Jibat. (3) Jehad Mustafa, Amal Mustafa, and Raed Mustafa. (4) Shahir Abed and Laila Abed. (5) Zahid Khan and Nadira Khan. (6) Rawhi Abu Tabanjar, Basima Abu Tabanjar, and Mohammed Abu Tabanjar. (7) Reuben D'Silva, Anne D'Silva, and Natasha D'Silva. (8) Ali Al Khaleel and Fatin Al Khaleel. (9) Abbas I. Bhikhapurawala, Nafisa Bhikhapurawala, and Tasnim Bhikhapurawala. (10) Fayez Ezzir, Abeerl Ezzir, Sharif Ezzir, and Mohammed Ezzir. (11) Issam Muslih, Nadia Muslih, and Duaa Muslih. (12) Ahmad Khaleel, Mona Khaleel, and Sally Khaleel. (13) Husam Al Khadrah and Kathleen Al Khadrah. (14) Nawal Mohamad Haijawi. (15) Samir M. Massoud, Faten A. Hakkani, Farah S. Massoud, and Sarah Massoud. (16) Atef Ibrahim. (17) Furas Taha, Bernardina Lopez Taha, and Yousef Taha. (18) Mehmood El Eissa and Nadia El Eissa. (19) Akram Othman, Amani Othman, and Ali Othman. (20) Mohammed Al Awamli, Zainab Al Awamli, and Nizar Awamli. (21) Yacoub Ibrahim and Wisam Ibrahim. (22) Tareq Shehadah and Inas Shehadah. (23) Basim Al Ali and Nawal Al Ali. (24) Hael Basheer Attari and Hanaa Attari. (25) Faheem Mehmood Abdul Jaleel, Farnal Jaleel, Ala Jaleel, and Ahmed Jaleel. (26) Tareq A. Attari. (27) Ahmed M. Mobaslat, Abeer Mobaslat, and Alaa Mobaslat. (28) Mohammed Al Shaib, Zahre Al Shaib, Najat Al Shaib, Reem Al Shaib, and Ramzy Al Shaib. (29) Awad Habali, Saosan Y.H. Duras, Sara Habali, Yasmin Habali, Hala Habali, and Ibraheem Habali. (30) Maamoun Ahmad and Sanaa Hakkani. (31) Azmi Ahmad Mukahal, Wafa Azmi Mukahal, Yasmin Azmi Mukahal, and Ahmad Azmi Mukahal. (32) Nabil Al Hawash, Amaal Al Hawash, and Ishaq Al Hawash. (33) Sameeh El Sharif, Sahar El Sharif, and Sarah El Sharif. (34) Nayef Al Mohtaseb, Nidaa Al Mohtaseb, and Ibrahim Al Mohtaseb. (35) Iman Mallah, Rana Mallah, and Mohammed Mallah. (36) Mohammed Q. Al Ghalban. (37) Nijad Abdelrehman, Najwa Abdelrehman, and Faisal Abdelrehman. (38) Nizam Mehdawi, Mehmoud Mehdawi, and Sohad Mehdawi. (39) Samir M. Al Nasla. (40) Margaret Ibrahim. (41) Hassan Abu Zant, Farida Abu Zant, Reem Abu Zant, Jehad Abu Zant, and Fidaa Abu Zant. (42) Sesinando P. Fuaverdez, Cynthia Fuaverdez, Maria Cristina Fuaverdez, and Sesinando Fuaverdez II. (43) Thabet Said, Hanan Said, and Yasmin Said. (44) Hani Salem, Manal Salem, Tasnim Salem, and Suleiman Salem. (45) Ihsan Adwan, Hanan Adwan, Maha Adwan, Nada Adwan, Reem Adwan, and Lina Adwan. (46) Ziyad Al Ajjouri and Dima Al Ajjouri. (47) Essam Taha. (48) Mohammed Suleiman and Salam Suleiman. (49) Salwa Basta, Alexan Basta, Rehan Basta, and Sherif Basta. (50) Latifa Hussin, Sameer Hussin, Anas Hussin, Ahmed Hussin, Ayman Hussin, and Assma Hussin. (51) Fadia Shaat, Bader Shaat, Dalia Shaat, Abdul Azim Shaat, Farah Shaat, and Rawan Shaat. (52) Bassam Barqawi and Amal Barqawi. (53) Omar F. Shawish, Najwa O. Shawish, and Ziyad O. Shawish. (54) Nizam Wattar and Mohamad Wattar. (c) Waiver of Certain Grounds for Inadmissibility.--The provisions of subsection (e) and paragraphs (4), (5), and (7)(A) of subsection (a) of section 212 of the Immigration and Nationality Act shall not apply to adjustment of status under this Act and the Attorney General may waive any other provision of section 212 of the Immigration and Nationality Act (other than paragraph (2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)) with respect to such an adjustment for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. (d) Date of Approval.--Upon the approval of an application for adjustment of status under this section, the Attorney General shall create a record of the alien's admission as an alien lawfully admitted for permanent residence as of the date of the alien's parole or other admission into the United States. (e) Offset in Number of Visas Available.--Upon each granting to an alien of the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 202(e) of such Act. (f) Temporary Stay of Removal and Work Authorization.--The Attorney General-- (1) shall refrain from deporting or removing from the United States an alien who is eligible for adjustment of status under this section, but who is not yet lawfully admitted for permanent residence; and (2) shall authorize such an alien to engage in employment in the United States.

Directs the Attorney General to adjust the status of each of specified Persian Gulf evacuees to that of an alien lawfully admitted for permanent residence for purposes of the Immigration and Nationality Act.

For the relief of certain Persian Gulf evacuees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Accountability and Review of Federal Agencies Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established the Commission on the Accountability and Review of Federal Agencies (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall consist of 12 members, all of whom shall be appointed by the President within 90 days after the date of enactment of this Act. (2) Chairperson and vice chairperson.--The President shall designate a chairperson and vice chairperson from among the members of the Commission. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. SEC. 3. DUTIES OF THE COMMISSION. (a) Definition.-- (1) In general.--Except as provided in paragraph (2), the term ``agency'', as used in this section, has the meaning given the term ``executive agency'' under section 105 of title 5, United States Code. (2) Exception.--The term ``agency'' does not include the Department of Defense or its subdivisions. (b) In General.--The Commission shall-- (1) evaluate all agencies and programs within those agencies, using the criteria under subsection (c); and (2) submit to Congress-- (A) a plan with recommendations of the agencies and programs that should be realigned or eliminated; and (B) proposed legislation to implement the plan under subparagraph (A). (c) Criteria.-- (1) Duplicative.--If 2 or more agencies or programs are performing the same essential function and the function can be consolidated or streamlined into a single agency or program, the Commission shall recommend that the agency or program be realigned. (2) Wasteful or inefficient.--The Commission shall recommend the realignment or elimination of any agency or program that has wasted Federal funds by-- (A) egregious spending; (B) mismanagement of resources and personnel; or (C) use of such funds for personal benefit or the benefit of a special interest group. (3) Outdated, irrelevant, or failed.--The Commission shall recommend the elimination of any agency or program that-- (A) has completed its intended purpose; (B) has become irrelevant; or (C) has failed to meet its objectives. (d) Report.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that includes-- (A) the plan described under subsection (b)(1) with supporting documentation for all recommendations; and (B) the proposed legislation described under subsection (b)(2). (2) Use of savings.--The proposed legislation under paragraph (1)(B) shall provide that all funds saved by the implementation of the plan under paragraph (1)(A) shall be used to support other domestic programs. (3) Relocation of federal employees.--The proposed legislation under paragraph (1)(B) shall provide that if the position of an employee of an agency is eliminated as a result of the implementation of the plan under paragraph (1)(A), the affected agency shall make reasonable efforts to relocate such employee to another position within the agency or within another Federal agency. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act-- (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as any member of the Commission considers advisable; (2) require, by subpoena or otherwise, the attendance and testimony of such witnesses as any member of the Commission considers advisable; and (3) require, by subpoena or otherwise, the production of such books, records, correspondence, memoranda, papers, documents, tapes, and other evidentiary materials relating to any matter under investigation by the Commission. (b) Issuance and Enforcement of Subpoenas.-- (1) Issuance.--Subpoenas issued under subsection (a) shall bear the signature of the chairperson of the Commission and shall be served by any person or class of persons designated by the chairperson for that purpose. (2) Enforcement.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, 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. (c) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Non-federal members.--Except as provided under subsection (b), each member of the Commission who is not an officer or employee of the Federal Government shall not be compensated. (2) Federal officers or employees.--All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--Upon the approval of the chairperson, the executive director may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the maximum rate payable for a position at GS-15 of the General Schedule under section 5332 of such title. (3) Personnel as federal employees.-- (A) In general.--The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the report under section 3(d). SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS. (a) Definitions.--In this section-- (1) the term ``implementation bill'' means only a bill which is introduced as provided under subsection (b), and contains the proposed legislation included in the report submitted to Congress under section 3, without modification; and (2) the term ``calendar day'' means a calendar day other than 1 on which either House is not in session because of an adjournment of more than 3 days to a date certain. (b) Introduction; Referral; and Report or Discharge.-- (1) Introduction.--On the first calendar day on which both Houses are in session, on or immediately following the date on which the report is submitted to Congress under section 3, a single implementation bill shall be introduced (by request)-- (A) in the Senate by the Majority Leader of the Senate, for himself and the Minority Leader of the Senate, or by Members of the Senate designated by the Majority Leader and Minority Leader of the Senate; and (B) in the House of Representatives by the Speaker of the House of Representatives, for himself and the Minority Leader of the House of Representatives, or by Members of the House of Representatives designated by the Speaker and Minority Leader of the House of Representatives. (2) Referral.--The implementation bills introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and any appropriate committee of jurisdiction in the House of Representatives. A committee to which an implementation bill is referred under this paragraph may report such bill to the respective House without amendment. (3) Report or discharge.--If a committee to which an implementation bill is referred has not reported such bill by the end of the 15th calendar day after the date of the introduction of such bill, such committee shall be immediately discharged from further consideration of such bill, and upon being reported or discharged from the committee, such bill shall be placed on the appropriate calendar. (c) Floor Consideration.-- (1) In general.--When the committee to which an implementation bill is referred has reported, or has been discharged under subsection (b)(3), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the implementation bill, and all points of order against the implementation bill (and against consideration of the implementation bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the implementation bill is agreed to, the implementation bill shall remain the unfinished business of the respective House until disposed of. (2) Amendments.--An implementation bill may not be amended in the Senate or the House of Representatives. (3) Debate.--Debate on the implementation bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the implementation bill is not in order. A motion to reconsider the vote by which the implementation bill is agreed to or disagreed to is not in order. (4) Vote on final passage.--Immediately following the conclusion of the debate on an implementation bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the implementation bill shall occur. (5) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to an implementation bill shall be decided without debate. (d) Coordination With Action by Other House.--If, before the passage by 1 House of an implementation bill of that House, that House receives from the other House an implementation bill, then the following procedures shall apply: (1) Nonreferral.--The implementation bill of the other House shall not be referred to a committee. (2) Vote on bill of other house.--With respect to an implementation bill of the House receiving the implementation bill-- (A) the procedure in that House shall be the same as if no implementation bill had been received from the other House; but (B) the vote on final passage shall be on the implementation bill of the other House. (e) Rules of the Senate and the House of Representatives.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an implementation bill described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2002 through 2005 for carrying out this Act.

Commission on the Accountability and Review of Federal Agencies Act - Establishes the Commission on the Accountability and Review of Federal Agencies to: (1) evaluate executive agencies and their programs; and (2) submit to Congress and the President a plan with recommendations of the agencies and programs that should be realigned or eliminated and proposed implementing legislation. Sets forth provisions governing congressional consideration of such legislation.

To establish a commission to conduct a comprehensive review of Federal agencies and programs and to recommend the elimination or realignment of duplicative, wasteful, or outdated functions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Health Training Incentive Act''. SEC. 2. DEMONSTRATION PROGRAMS TO ENCOURAGE HEALTH PROFESSIONALS TO PRACTICE IN RURAL AREAS. Part B of title VII of the Public Health Service Act (42 U.S.C. 293 et seq.) is amended by adding at the end the following: ``SEC. 742. DEMONSTRATION PROGRAMS TO ENCOURAGE HEALTH PROFESSIONALS TO PRACTICE IN RURAL AREAS. ``(a) Authorization.--The Secretary of Health and Human Services, acting through the Director of the Office of Rural Health Policy, may award grants to 5 accredited schools of medicine or accredited schools of nursing to enable each such school to conduct a demonstration program to encourage more health professionals to practice in rural areas. ``(b) Use of Funds.-- ``(1) In general.--Amounts provided as a grant under subsection (a) shall be used for the following: ``(A) Developing new programs and improving existing programs for encouraging youth in rural areas to enter health professions. ``(B) Strengthening and stabilizing the system of training of health professionals that are needed (as determined by the Secretary) in rural areas. ``(C) Expanding the network of rural training tracks in health professions. ``(2) Family medicine; nursing.--Of the 5 grants awarded under this section-- ``(A) at least 1 shall be for a demonstration program for physicians in family medicine that includes a regional consortium with 3 or more family medicine residency programs that-- ``(i) each have a residency rural training program; and ``(ii) are located in 3 or more States; and ``(B) at least 1 shall be for a demonstration program for nurses, including registered nurses, nurse anesthetists, and nurse practitioners. ``(c) Priority.--In awarding grants under this section, the Secretary shall give priority to accredited schools of medicine or nursing that-- ``(1) have a residency program or clinical rotation with on-site rural training of a duration of at least 2 months; and ``(2) provide a comprehensive approach to improving health profession shortages in rural areas that includes recruiting students from rural areas and placing graduates in rural communities. ``(d) Matching Requirement.-- ``(1) In general.--With respect to the costs of a demonstration program to be carried out under subsection (a) by an applicant, the Secretary may not award a grant to the applicant unless the applicant agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 50 percent of such costs. ``(2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(e) Duration.--The Secretary shall award each grant under this section for a period of 3 years. ``(f) Definitions.--For purposes of this section: ``(1) Accredited.--The term `accredited' means-- ``(A) for a school of medicine, accredited by the Liaison Committee on Medical Education; ``(B) for a school of nursing, accredited by the Commission on Collegiate Nursing Education; and ``(C) for a school of nursing relative to a nurse anesthesia program, accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs. ``(2) School of nursing.--The term `school of nursing' has the meaning given to that term under section 801. ``(g) Report.--Not later than 6 months after the end of the 3-year period of the demonstration programs conducted with grants under this section, the Secretary shall submit to the Congress a report containing findings and recommendations on the effectiveness of the demonstration programs in addressing the shortages of health care professionals in rural areas. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2003 through 2005.''.

Rural Health Training Incentive Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Office of Rural Health Policy, to award grants to accredited schools of medicine or nursing for demonstration programs to encourage more health professionals to practice in rural areas. Makes grants available on a matching basis for three years to five schools.Requires grants to address youth recruitment, training, and the expansion of the network of rural training tracks in the health professions. Earmarks one grant for a program for physicians in family medicine that includes a regional consortium of family medicine residency programs with a residency rural training program and one grant for nurses.Gives priority to schools with on-site rural training residencies or rotations and rural recruitment and placement programs.

To provide for the establishment of demonstration programs to address the shortages of health care professionals in rural areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southeast Alaska Timber Industry Retooling and Restructuring Act''. SEC. 2. PURPOSE. The purpose of this Act is to assist entities involved in the timber industry in Alaska-- (1) to deal with the adverse impacts of Federal timber policy; (2) to facilitate the economic adjustment of those entities; and (3) to retain jobs and lessen the impact of unemployment in communities where those entities are located. SEC. 3. DEFINITIONS. In this Act: (1) Federal timber policy.--The term ``Federal timber policy'' means any law or regulation of the United States relating to the timber industry, including any policy of the United States Forest Service and any land management plans related to the timber industry. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. GRANTS AUTHORIZED. The Secretary, through an economic development program carried out by the Chief of the Forest Service, may provide grants to eligible entities described in section 5 for retooling projects described in section 6. SEC. 5. ELIGIBLE ENTITIES DESCRIBED. An eligible entity described in this section is any entity, including sawmills, logging companies, and road construction companies, that-- (1) operated in the timber industry in Alaska on January 1, 2009; and (2) prior to the date described in paragraph (1), operated in the timber industry in Alaska for not less than 10 years. SEC. 6. RETOOLING PROJECTS DESCRIBED. (a) In General.--A retooling project described in this section is a project designed to facilitate the economic adjustment of an eligible entity by allowing the eligible entity-- (1) to improve or alter the business and practices of the eligible entity to allow the eligible entity to become more competitive within the timber industry; or (2) to shift to a type of business that is not related to the timber industry. (b) Additional Requirement.--An eligible entity seeking a grant for a retooling project shall commit, to the extent practicable, to continue to employ substantially the same number of employees employed by the eligible entity on January 1, 2009, for a reasonable period after the completion of the retooling project, as determined by the Secretary. SEC. 7. APPLICATION PROCESS. (a) In General.--An eligible entity seeking a grant under this Act shall submit an application to the Secretary in such form and in such manner as the Secretary considers appropriate. (b) Contents.--An application submitted under subsection (a) shall include-- (1) a description of the retooling project for which the eligible entity is seeking a grant; (2) a business plan and budget, including start-up costs, for the retooling project; and (3) a demonstration of the likelihood of success of the retooling project. (c) Approval.--Not later than 30 days after the date on which the Secretary receives an application under subsection (a) from an eligible entity, the Secretary shall determine whether to award a grant to the eligible entity. (d) Denial.--If the Secretary determines not to award a grant to an eligible entity that submitted an application under subsection (a), the Secretary shall afford the eligible entity a reasonable opportunity to address any deficiencies in the application. SEC. 8. AMOUNT OF GRANT. (a) In General.--Not later than 30 days after the date on which the Secretary determines to award a grant to an eligible entity, the Secretary shall-- (1) approve the business plan and the budget for the retooling project of the eligible entity; and (2) determine the amount of the grant to award the eligible entity. (b) Determination.--In determining the amount of the grant to award to an eligible entity, the Secretary shall consider the budget for the retooling plan approved under subsection (a)(1). The amount of the grant-- (1) shall cover 75 percent of the cost of the budget, not including any debt reimbursement costs; and (2) may cover up to 100 percent of the cost of the budget if the Secretary determines appropriate based on the extent of unemployment in the community in which the retooling project will be based. SEC. 9. USE OF GRANT FUNDS. (a) In General.--An eligible entity receiving a grant under this Act-- (1) may use the grant-- (A) to pay for start-up costs necessary for the retooling project, including equipment, worker training, facility acquisition, technical assistance, and raw materials; and (B) to reimburse the eligible entity for the unamortized portion of debt described in subsection (b); and (2) may not use the grant for the ongoing operational and maintenance costs of the eligible entity. (b) Reimbursement of Debt.-- (1) In general.--An eligible entity may use a grant under this Act for the reimbursement of debt under subsection (a)(1)(B), without regard to whether the debt is held by Federal or private lenders, if-- (A) the eligible entity demonstrates that the debt was incurred-- (i) to acquire or improve infrastructure or equipment related to the timber industry, including sawmills, logging equipment, and road construction equipment, as a result of Federal timber policy; and (ii) on or after January 1, 1998, and before January 1, 2009; and (B) the lender certifies and notarizes the amount of unamortized debt. (2) Reduction.--The amount of a grant to be used for the reimbursement of debt under subsection (a)(1)(B) shall be reduced by the amount of any proceeds from the sale by the eligible entity of any infrastructure or equipment described in paragraph (1)(A). SEC. 10. DURATION OF GRANT PROGRAM. The grant program under this Act shall be carried out during the 2- year period beginning on the date on which the Secretary prescribes the regulations under section 12. SEC. 11. TREATMENT AS A MINORITY SMALL BUSINESS CONCERN UNDER THE SMALL BUSINESS ACT. Notwithstanding any other provision of law, an eligible entity receiving a grant under this Act shall be treated as a small business concern owned or controlled by socially and economically disadvantaged individuals (as that term is defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C))) for purposes of the Small Business Act (15 U.S.C. 631 et seq.) for 3 years after the date on which the Secretary approves the application of the eligible entity for a grant under section 7. SEC. 12. REGULATIONS. Not later than 120 days after the date of the enactment of this Act, the Secretary shall prescribe regulations to carry out the grant program under this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary $40,000,000 to carry out the grant program under this Act for fiscal years 2010 and 2011.

Southeast Alaska Timber Industry Retooling and Restructuring Act - Establishes a two-year grant program for retooling projects that are designed to facilitate the economic adjustment of specified timber entities by allowing them to: (1) improve or alter their business and practices to become more competitive within the timber industry; or (2) shift to a type of business that is not related to the timber industry. Authorizes the Secretary of Agriculture to provide grants under such program to any entity that operated in the timber industry in Alaska on January 1, 2009, that, prior to such date, operated in Alaska for not less than 10 years. Sets forth provisions concerning eligible uses of grant funding. Treats a grant recipient as a small business concern owned or controlled by socially and economically disadvantaged individuals (as that term is defined in the Small Business Act) for three years after the grant was approved.

A bill to establish a grant program to encourage retooling of entities in the timber industry in Alaska, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Women's History Museum Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) the National Women's History Museum, Inc., is a nonprofit, nonpartisan, educational institution incorporated in the District of Columbia; (2) the National Women's History Museum was established-- (A) to research and present the historic contributions that women have made to all aspects of human endeavor; and (B) to explore and present in a fair and balanced way the contributions that women have made to the Nation in their various roles in family and society; (3) the National Women's History Museum will collect and disseminate information concerning women, including through the establishment of a national reference center for the collection and preservation of documents, publications, and research relating to women; (4) the National Women's History Museum will foster educational programs relating to the history and contribution to society by women, including promotion of imaginative educational approaches to enhance understanding and appreciation of historic contributions by women; (5) the National Women's History Museum will publicly display temporary and permanent exhibits that illustrate, interpret, and demonstrate the contributions of women; (6) the National Women's History Museum requires a museum site near the National Mall to accomplish the objectives and fulfill the ongoing educational mission of the museum; (7) the 3-story glass enclosed structure known as the ``Pavilion Annex'' is a retail shopping mall built next to the Old Post Office in 1992 by private developers using no Federal funds on public land in the Federal Triangle south of Pennsylvania Avenue, N.W.; (8) the Pavilion Annex came into the possession of the General Services Administration following bankruptcy and default by the private developer of the Old Post Office Pavilion; (9) the Pavilion Annex has been vacant for 10 years and is in a state of disrepair; (10) the Pavilion Annex is located near an area that has been identified as an ideal location for museums and memorials in the Memorials and Museums Master Plan developed by the National Capital Planning Commission; (11) the National Women's History Museum will provide a vibrant, cultural activity in a building currently controlled by the General Services Administration but unused by any Federal agency or activity; (12) the General Accounting Office has determined that vacant or underutilized properties present significant potential risks to Federal agencies, including-- (A) lost dollars because of the difficulty of maintaining the properties; and (B) lost opportunities because the properties could be put to more cost-beneficial uses, exchanged for other needed property, or sold to generate revenue for the Government; (13) the National Women's History Museum will use Government property for which there is no Government use as of the date of enactment of this Act, in order to-- (A) promote utilization, economy, and efficiency of Government-owned assets; and (B) create an income producing activity; (14) the National Women's History Museum will attract an estimated 1,500,000 visitors annually to the District of Columbia; and (15) the National Women's History Museum will promote economic activity in the District of Columbia by-- (A) creating jobs; (B) increasing visitor spending on hotels, meals, and transportation; and (C) generating tax revenue for the District of Columbia. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Museum sponsor.--The term ``Museum Sponsor'' means the National Women's History Museum, Inc., a nonprofit organization incorporated in the District of Columbia. (3) Pavilion annex.--The term ``Pavilion Annex'' means the building (and immediate surroundings, including any land unoccupied as of the date of enactment of this Act) in Washington, District of Columbia that is-- (A) known as the ``Pavilion Annex''; (B) adjacent to the Old Post Office Building; (C) located on Pennsylvania Avenue, N.W., to the east of 11th Street N.W.; and (D) located on land bounded on 3 sides by the Internal Revenue Service buildings. SEC. 4. OCCUPANCY AGREEMENT. (a) In General.--Notwithstanding any other provision of law, the Administrator shall enter into an occupancy agreement to make the Pavilion Annex available to the Museum Sponsor for use as a National Women's History Museum in accordance with this section. (b) Appraisal.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, a fair market value for the purpose of determining rent shall be determined by not more than 3 appraisers, operating under a common set of instructions, of whom-- (A) 1 shall be retained by the Administrator; (B) 1 shall be retained by the Museum Sponsor; and (C) 1 shall be selected by the first 2 appraisers only if-- (i) the first 2 appraisals are irreconcilable; and (ii) the difference in value between the first 2 appraisals is greater than 10 percent. (2) Difference of not more than 10 percent.--If the 2 appraisals differ by not more than 10 percent, the fair market value shall be the average of the 2 appraisals. (3) Irreconcilable appraisals.--If a third appraiser is selected-- (A) the fee of the third appraiser shall be paid in equal shares by the Administrator and the Museum Sponsor; and (B) the fair market value determined by the third appraiser shall bind both parties. (c) Term of Occupancy Agreement.-- (1) In general.--The term of the occupancy agreement shall be at least 99 years, or any lesser term agreed to by the Museum Sponsor. (2) First payment.--The first payment shall be due on the date that is 5 years after the date of execution of the occupancy agreement. (d) Private Funds.--The terms and conditions of the occupancy agreement shall facilitate raising of private funds for the modification, development, maintenance, security, information, janitorial, and other services that are necessary to assure the preservation and operation of the museum. (e) Shared Facilities.--The occupancy agreement may include reasonable terms and conditions pertaining to shared facilities to permit continued operations and enable development of adjacent buildings. (f) Renovation and Modification.-- (1) In general.--The renovation and modification of the Pavilion Annex-- (A) shall be carried out by the Museum Sponsor, in consultation with the Administrator; and (B) shall-- (i) be commenced as soon as practicable but not later than 5 years after the date of execution of the occupancy agreement; (ii) sever the walkway to the Old Post Office Building; and (iii) enhance and improve the Pavilion Annex consistent with the needs of the National Women's History Museum and the adjacent structures. (2) Expense credit.--Any expenses incurred by the Museum Sponsor under this subsection shall be credited against the payment under subsection (c)(2). (g) Report.--If the Administrator is unable to fully execute an occupancy agreement within 120 days of the date of enactment of this Act, not later than 150 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Governmental Affairs in the Senate and the Committee on Government Reform in the House of Representatives a report summarizing the issues that remain unresolved. SEC. 5. EFFECT ON OTHER LAW. Nothing in this Act limits the authority of the National Capital Planning Commission. Passed the Senate November 21, 2003. Attest: EMILY J. REYNOLDS, Secretary.

National Women's History Museum Act of 2003 - Requires the Administrator of General Services to enter into an occupancy agreement for up to 99 years to make the Pavilion Annex (the building and immediate surroundings, including any land unoccupied as of the enactment of this Act) in Washington, D.C. that is adjacent to the Old Post Office Building, located on Pennsylvania Avenue, N.W., to the east of 11th Street N.W., and located on land bounded on three sides by the Internal Revenue Service buildings, available to the Museum Sponsor (National Women's History Museum, Inc.) for a National Women's History Museum. Prescribes requirements for appraisal of such property at fair market value to determine the rent. Requires the renovation and modification of the Pavilion Annex to be carried out by the Museum Sponsor and to: (1) be commenced as soon as practicable but within five years after the execution of the occupancy agreement date; (2) sever the walkway to the Old Post Office Building; and (3) enhance and improve the Pavilion Annex consistent with the needs of the Museum and the adjacent structures. Credits any expenses incurred by the Museum Sponsor for such renovation and modification against the first rent payment due five years after the execution of the occupancy agreement date. Provides that, if the Administrator is unable to fully execute an occupancy agreement within 120 days of the enactment of this Act, then within 30 days thereafter, the Administrator shall report to specified congressional committees a summary of remaining unresolved issues. Declares that nothing in this Act limits the authority of the National Capital Planning Commission.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ruth Moore Act of 2013''. SEC. 2. REPORTS ON CLAIMS FOR DISABILITIES INCURRED OR AGGRAVATED BY MILITARY SEXUAL TRAUMA. (a) Annual Reports.-- (1) In general.--Subchapter VI of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1164. Reports on claims for disabilities incurred or aggravated by military sexual trauma ``(a) Reports.--Not later than December 1, 2014, and each year thereafter through 2018, the Secretary shall submit to Congress a report on covered claims submitted during the previous fiscal year. ``(b) Elements.--Each report under subsection (a) shall include the following: ``(1) The number of covered claims submitted to or considered by the Secretary during the fiscal year covered by the report. ``(2) Of the covered claims listed under paragraph (1), the number and percentage of such claims-- ``(A) submitted by each sex; ``(B) that were approved, including the number and percentage of such approved claims submitted by each sex; and ``(C) that were denied, including the number and percentage of such denied claims submitted by each sex. ``(3) Of the covered claims listed under paragraph (1) that were approved, the number and percentage, listed by each sex, of claims assigned to each rating percentage. ``(4) Of the covered claims listed under paragraph (1) that were denied-- ``(A) the three most common reasons given by the Secretary under section 5104(b)(1) of this title for such denials; and ``(B) the number of denials that were based on the failure of a veteran to report for a medical examination. ``(5) The number of covered claims that, as of the end of the fiscal year covered by the report, are pending and, separately, the number of such claims on appeal. ``(6) For the fiscal year covered by the report, the average number of days that covered claims take to complete beginning on the date on which the claim is submitted. ``(7) A description of the training that the Secretary provides to employees of the Veterans Benefits Administration specifically with respect to covered claims, including the frequency, length, and content of such training. ``(c) Definitions.--In this section: ``(1) The term `covered claims' means claims for disability compensation submitted to the Secretary based on a covered mental health condition alleged to have been incurred or aggravated by military sexual trauma. ``(2) The term `covered mental health condition' means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that the Secretary determines to be related to military sexual trauma. ``(3) The term `military sexual trauma' means, with respect to a veteran, psychological trauma, which in the judgment of a mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred during active military, naval, or air service.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1164. Reports on claims for disabilities incurred or aggravated by military sexual trauma.''. (3) Initial report.--The Secretary of Veterans Affairs shall submit to Congress an initial report described in section 1164 of title 38, United States Code, as added by paragraph (1), by not later than 90 days after the date of the enactment of this Act. Such initial report shall be in addition to the annual reports required under such section beginning in December 2014. (b) Sense of Congress.--It is the sense of Congress that the Secretary of Veterans Affairs should update and improve the regulations of the Department of Veterans Affairs with respect to military sexual trauma by-- (1) ensuring that military sexual trauma is specified as an in-service stressor in determining the service-connection of post-traumatic stress disorder by including military sexual trauma as a stressor described in section 3.304(f)(3) of title 38, Code of Federal Regulations; and (2) recognizing the full range of physical and mental disabilities (including depression, anxiety, and other disabilities as indicated in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association) that can result from military sexual trauma. (c) Provision of Information.--During the period beginning on the date that is 15 months after the date of the enactment of this Act and ending on the date on which the Secretary updates and improves regulations as described in subsection (b), the Secretary shall-- (1) provide to each veteran who has submitted a covered claim or been treated for military sexual trauma at a medical facility of the Department with a copy of the report under subsection (a)(3) or section 1164 of title 38, United States Code, as added by subsection (a)(1), that has most recently been submitted to Congress; (2) provide on a monthly basis to each veteran who has submitted any claim for disability compensation or been treated at a medical facility of the Department information that includes-- (A) the date that the Secretary plans to complete such updates and improvements to such regulations; (B) the number of covered claims that have been granted or denied during the month covered by such information; (C) a comparison to such rate of grants and denials with the rate for other claims regarding post-traumatic stress disorder; (D) the three most common reasons for such denials; (E) the average time for completion of covered claims; (F) the average time for processing covered claims at each regional office; and (G) any information the Secretary determines relevant with respect to submitting a covered claim; (3) in addition to providing to veterans the information described in paragraph (2), the Secretary shall make available on a monthly basis such information on a conspicuous location of the Internet website of the Department; and (4) submit to Congress on a monthly basis a report that includes-- (A) a list of all adjudicated covered claims, including ancillary claims, during the month covered by the report; (B) the outcome with respect to each medical condition included in the claim; and (C) the reason given for any denial of such a claim. (d) Military Sexual Trauma Defined.--In this section: (1) The term ``covered claim'' has the meaning given that term in section 1164(c)(1) of title 38, United States Code, as added by subsection (a)(1). (2) The term ``military sexual trauma'' has the meaning given that term in section 1164(c)(3) of title 38, United States Code, as added by subsection (a)(1). SEC. 3. EXTENSION OF ROUNDING DOWN OF PERCENTAGE INCREASES OF RATES OF CERTAIN EDUCATIONAL ASSISTANCE. (a) Montgomery GI Bill.--Section 3015(h)(2) of title 38, United States Code, is amended-- (1) by striking ``fiscal year 2014'' and inserting ``fiscal year 2019''; and (2) by striking ``fiscal year 2013'' and inserting ``fiscal year 2018''. (b) Survivors' and Dependents' Educational Assistance.--Section 3564(b) of such title is amended-- (1) by striking ``fiscal year 2014'' and inserting ``fiscal year 2019''; and (2) by striking ``fiscal year 2013'' and inserting ``fiscal year 2018''. Passed the House of Representatives June 4, 2013. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on May 17, 2013. Ruth Moore Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to report to Congress in each of 2014 through 2018 on claims submitted for disabilities based on a covered mental health condition alleged to have been incurred or aggravated by military sexual trauma during active duty. Includes as a covered mental health condition post-traumatic stress disorder (PTSD), anxiety, depression, or any other mental health diagnosis that the Secretary determines to be related to military sexual trauma. Expresses the sense of Congress that the Secretary should update and improve VA regulations with respect to military sexual trauma by: (1) ensuring that it is specified as an in-service stressor in determining the service-connection of PTSD, and (2) recognizing the full range of physical and mental disabilities that can result from such trauma. Requires each veteran submitting such a claim to be provided the most recently updated regulations concerning such trauma, as well as other information designed to aid such claims. Extends until FY2019 the required rounding to the nearest dollar of VA basic educational assistance and survivors' and dependents' educational assistance.

Ruth Moore Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Cloning Prohibition Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) some individuals have announced that they will attempt to clone human beings using the technique known as somatic cell nuclear transfer already used with limited success in sheep and other animals; (2) nearly all scientists agree that such attempts pose a massive risk of producing children who are stillborn, unhealthy, or severely disabled, and considered opinion is virtually unanimous that such attempts are therefore grossly irresponsible and unethical; (3) efforts to create human beings by cloning mark a new and decisive step toward turning human reproduction into a manufacturing process in which children are made in laboratories to preordained specifications and, potentially, in multiple copies; (4) because it is an asexual form of reproduction, cloning confounds the meaning of ``father'' and ``mother'' and confuses the identity and kinship relations of any cloned child, and thus threatens to weaken existing notions regarding who bears which parental duties and responsibilities for children; (5) because cloning requires no personal involvement by the person whose genetic material is used, cloning could easily be used to reproduce living or deceased persons without their consent; (6) creating cloned live-born human children (sometimes called ``reproductive cloning'') necessarily begins by creating cloned human embryos, a process which some also propose as a way to create embryos for research or as sources of cells and tissues for possible treatment of other humans; (7) the prospect of creating new human life solely to be exploited and destroyed in this way has been condemned on moral grounds by many, including supporters of a right to abortion, as displaying a profound disrespect for life, and recent scientific advances with adult stem cells indicate that there are fruitful and morally unproblematic alternatives to this approach; (8) in order to be effective, a ban on human cloning must stop the cloning process at the beginning because-- (A) cloning would take place within the privacy of a doctor-patient relationship; (B) the transfer of embryos to begin a pregnancy is a simple procedure; and (C) any government effort to prevent the transfer of an existing embryo, or to prevent birth once the transfer has occurred, would raise substantial moral, legal, and practical issues, so that it will be nearly impossible to prevent attempts at ``reproductive cloning'' once cloned human embryos are available in the laboratory; (9) the scientifically and medically useful practices of cloning of DNA fragments, known as molecular cloning, the duplication of somatic cells (or stem cells) in tissue culture, known as cell cloning, and whole-organism or embryo cloning of nonhuman animals are appropriate uses of medical technology; (10) in the preamble to the 1998 Additional Protocol on the Prohibition of Cloning Human Beings the Council of Europe agreed that ``the instrumentalisation of human beings through the deliberate creation of genetically identical human beings is contrary to human dignity and thus constitutes a misuse of biology and medicine''; and (11) collaborative efforts to perform human cloning are conducted in ways that affect interstate and even international commerce, and the legal status of cloning will have a great impact on how biotechnology companies direct their resources for research and development. SEC. 3. PROHIBITION ON HUMAN CLONING. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 15, the following: ``CHAPTER 16--HUMAN CLONING ``Sec. ``301. Definitions. ``302. Prohibition on human cloning. ``Sec. 301. Definitions ``In this chapter: ``(1) Human cloning.--The term `human cloning' means human asexual reproduction, accomplished by introducing the nuclear material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has been removed or inactivated to produce a living organism (at any stage of development) with a human or predominantly human genetic constitution. ``(2) Somatic cell.--The term `somatic cell' means a diploid cell (having a complete set of chromosomes) obtained or derived from a living or deceased human body at any stage of development. ``Sec. 302. Prohibition on human cloning ``(a) In General.--It shall be unlawful for any person or entity, public or private, in or affecting interstate commerce-- ``(1) to perform or attempt to perform human cloning; ``(2) to participate in an attempt to perform human cloning; or ``(3) to ship or receive the product of human cloning for any purpose. ``(b) Importation.--It shall be unlawful for any person or entity, public or private, to import the product of human cloning for any purpose. ``(c) Penalties.-- ``(1) In general.--Any person or entity that is convicted of violating any provision of this section shall be fined under this section or imprisoned not more than 10 years, or both. ``(2) Civil penalty.--Any person or entity that is convicted of violating any provision of this section shall be subject to, in the case of a violation that involves the derivation of a pecuniary gain, a civil penalty of not less than $1,000,000 and not more than an amount equal to the amount of the gross gain multiplied by 2, if that amount is greater than $1,000,000. ``(d) Scientific Research.--Nothing in this section shall restrict areas of scientific research not specifically prohibited by this section, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 15 the following: ``16. Human Cloning......................................... 301''. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Federal Government should advocate for and join an international effort to prohibit human cloning, as defined in section 301 of title 18, United States Code, as added by this Act; and (2) the President should commission a study, to be conducted by the National Bioethics Advisory Commission or a successor group, of the arguments for and against the use of cloning to produce human embryos solely for research, which study should-- (A) include a discussion of the need (if any) for human cloning to produce medical advances, the ethical and legal aspects of human cloning, and the possible impact of any decision to permit human cloning for research upon efforts to prevent human cloning for reproductive purposes; (B) include a review of new developments in cloning technology which may require that technical changes be made to section 3 of this Act, to maintain the effectiveness of this Act in prohibiting the asexual production of a new human organism that is genetically virtually identical to an existing or previously existing human being; and (C) be submitted to Congress and the President for review not later than 5 years after the date of enactment of this legislation.

Human Cloning Prohibition Act of 2001 - Prohibits any person or entity, in or affecting interstate commerce, from: (1) performing or attempting to perform human cloning; (2) participating in such an attempt; (3) shipping or receiving the product of human cloning; or (4) importing such a product.Expresses the sense of Congress that: (1) the Federal Government should advocate for and join an international effort to prohibit human cloning; and (2) the President should commission a study by the National Bioethics Advisory Commission or a successor group of the arguments for and against the use of cloning to produce human embryos solely for research.

To amend title 18, United States Code, to prohibit human cloning.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Veterans Credit Act of 2016''. SEC. 2. PURPOSE. The purpose of this Act is to rectify reporting of medical debt included in a consumer report of a veteran due to inappropriate or delayed payment for hospital care or medical services provided pursuant to section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note) and to clarify the process of debt collection for such medical debt. SEC. 3. AMENDMENTS TO FAIR CREDIT REPORTING ACT. (a) Veteran's Choice Medical Debt Defined.--Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following: ``(z) Veteran's Choice Medical Debt.--The term `veteran's Choice medical debt' means a debt of a veteran arising from hospital care or medical services provided pursuant to section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note). ``(aa) Veteran.--The term `veteran' has the meaning given such term in section 101(2) of title 38, United States Code.''. (b) Exclusion for Veteran's Choice Medical Debt.--Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end the following: ``(7) Any information related to a veteran's Choice medical debt if the date on which such debt was placed for collection, charged to profit or loss, or subjected to any similar action antedates the report by less than 1 year. ``(8) Any information related to a fully paid or settled veteran's Choice medical debt that had been characterized as delinquent, charged off, or in collection.''. (c) Removal of Veteran's Choice Medical Debt From Consumer Report.--Section 611 of the Consumer Credit Protection Act (15 U.S.C. 1681i) is amended-- (1) in subsection (a)(1)(A), by inserting ``and except as provided in subsection (g)'' after ``subsection (f)''; and (2) by adding at the end the following new subsection: ``(g) Dispute Process for Veteran's Choice Medical Debt.--A consumer may submit a notice along with proof of participation in the program established pursuant to section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note) to a consumer reporting agency or a reseller to dispute the inclusion of a veteran's Choice medical debt on a consumer report of the consumer. Not later than 30 days after receipt of the notice, the consumer reporting agency shall delete information relating to the veteran's Choice medical debt from the file of the consumer and notify the furnisher and the consumer of that deletion.''. SEC. 4. COMMUNICATIONS REGARDING VETERAN'S CHOICE MEDICAL DEBT. (a) In General.--Section 809 of the Fair Debt Collection Practices Act (15 U.S.C. 1692g) is amended-- (1) in subsection (a), by inserting ``, except for a veteran's Choice medical debt as described in subsection (f),'' after ``any debt''; and (2) by adding at the end the following: ``(f) Veteran's Choice Medical Debt.-- ``(1) Definitions.--For purposes of this subsection: ``(A) Consumer reporting agency.--The term `consumer reporting agency' has the meaning given such term under section 603(f) of the Fair Credit Reporting Act. ``(B) Veteran.--The term `veteran' has the meaning given such term in section 101(2) of title 38, United States Code. ``(C) Veteran's choice medical debt.--The term `veteran's Choice medical debt' means a debt of a veteran arising from hospital care or medical services provided pursuant to section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note). ``(2) Communications regarding veteran's choice medical debt.--Within five days after the initial communication with a veteran in connection with the collection of a veteran's Choice medical debt, a debt collector shall, unless the following information is contained in the initial communication or the veteran has paid the debt, send the veteran a written notice containing-- ``(A) the amount of the debt; ``(B) the name of the creditor to whom the debt is owed; ``(C) a statement that unless the veteran, within 1 year after the initial communication, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; ``(D) a statement that if the veteran notifies the debt collector in writing within such 1-year period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the veteran and a copy of such verification or judgment will be mailed to the veteran by the debt collector; ``(E) a statement that, upon the veteran's written request within such 1-year period, the debt collector will provide the veteran with the name and address of the original creditor, if different from the current creditor; ``(F) a statement that the debt collector will not report the debt to a consumer reporting agency until 1 year after the date on which the debt collector sends the statement; and ``(G) a statement that the consumer may communicate with-- ``(i) an insurance company to determine coverage for the debt; ``(ii) the Department of Veterans Affairs to determine coverage for the debt or repayment options; or ``(iii) the provider of hospital care or medical services provided pursuant to section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note). ``(3) Collection of veteran's choice medical debt.--If the veteran notifies the debt collector in writing within the 1- year period described in paragraph (1) that the veteran's Choice medical debt, or any portion thereof, is disputed, or that the veteran requests the name and address of the original creditor, the debt collector shall cease collection of the veteran's Choice medical debt, or any disputed portion thereof, until the debt collector obtains verification of the veteran's Choice medical debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the veteran by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 1-year period referred to in paragraph (1) unless the veteran has notified the debt collector in writing that the veteran's Choice medical debt, or any portion of the debt, is disputed or that the veteran requests the name and address of the original creditor. Any collection activities and communication during the 1-year period may not overshadow or be inconsistent with the disclosure of the veteran's right to dispute the veteran's Choice medical debt or request the name and address of the original creditor.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect after the end of the 90-day period beginning on the date of the enactment of this Act.

Protecting Veterans Credit Act of 2016 This bill amends the Fair Credit Reporting Act to exclude from a consumer report: (1) for one year, information related to a veteran's choice medical program (program) debt; and (2) information related to a fully paid or settled program debt that had been characterized as delinquent, charged off, or in collection. The Consumer Credit Protection Act is amended to provide a mechanism for veterans to dispute the inclusion of program debt already on a credit report. A consumer reporting agency shall, within 30 days after receiving notice of such dispute, delete such information from the veteran's file and notify the furnisher and the veteran. Within five days after the initial communication with a veteran, a debt collector shall, unless the appropriate information is contained in the initial communication or the veteran has paid the debt, send the veteran a written notice containing specified debt-related information, including information concerning debt amount, creditors, the insurance company involved, and the hospital or medical care provider. If a veteran notifies the debt collector within such one-year period that the program debt is disputed or that the veteran requests the name and address of the original creditor, the debt collector shall cease collection until debt verification or the name and address of the original creditor is obtained.

Protecting Veterans Credit Act of 2016

SECTION 1. INTERNATIONAL CLEAN TECHNOLOGY FUND. (a) In General.--The Bretton Woods Agreements Act (22 U.S.C. 286- 286oo) is amended by adding at the end the following: ``SEC. 64. CLEAN TECHNOLOGY FUND. ``(a) Contribution Authority.--The Secretary of the Treasury may contribute on behalf of the United States $400,000,000 to a fund which meets the requirements of subsection (b) (in this section referred to as the `Fund'). ``(b) Requirements.--The requirements of this subsection are as follows: ``(1) Administration.--The Fund is established and administered by the Bank. ``(2) Purpose.--The purpose of the Fund is to promote accelerated deployment in developing countries of technologies designed to reduce greenhouse gas emissions by providing funds, primarily through multilateral development banks to promising projects in developing countries. ``(3) Coordination with the united nations framework on climate change.-- ``(A) In general.--The Bank is required to operate the Fund in a manner that is fully consistent and supportive of the United Nations Framework on Climate Change (in this paragraph referred to as the `UNFCCC'). ``(B) Termination of operations.--The Bank is required to take necessary steps to conclude the operations of the Fund (including by not entering into new agreements for contributions to the Fund) on the commencement of operations of an international clean technology fund provided for the UNFCCC, unless the UNFCCC provides for continuation of the operations. ``(4) Authority to hold undisbursed funds in interest- bearing accounts.--Pending disbursement from the Fund of amounts provided under this section, the Bank has the authority to hold the amounts in interest-bearing accounts of the Fund. ``(c) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are appropriated not more than $400,000,000 for fiscal year 2009. ``(d) Support of Zero Carbon and Cleaner Technologies.--The Secretary of the Treasury shall seek to ensure that-- ``(1) the priorities of the Fund include supporting `zero carbon' technologies, and improvements in energy efficiency in existing infrastructure that demonstrate an ability to be transformational in support of a country's path toward low carbon development; ``(2) the disbursement of amounts in the Fund demonstrate a preference for `zero carbon' technologies; and ``(3) funding from the Fund is provided to close the gap between higher cost, cleaner technologies and lower cost technologies. ``(e) Coordination With the International Clean Energy Foundation.--The Secretary of the Treasury shall seek to ensure that the duties and activities of the Fund are complementary to the duties and activities of the International Clean Energy Foundation as established by the Energy Independence and Security Act of 2007 (Public Law 110-140).''. (b) Report to the Congress.--Within 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the Congress a report on the operations of any fund to which amounts made available under section 64 of the Bretton Woods Agreements Act are provided, including a description of-- (1) any projects for which amounts have been disbursed from the fund; (2) the effects expected by the Secretary of each such project on the overall greenhouse gas emissions from the country in which the project is being carried out; (3) the criteria and methodology used to determine the eligibility of proposed projects for funding from the fund; (4) the progress made in commencing operations of the fund, including any remaining obstacles to the operations; and (5) any project for which amounts have been disbursed from the fund which support coal or coal-related technologies, and a justification for support for the project from the fund, including a description of-- (A) the transformational nature of the project; (B) how the project is consistent with the national low carbon strategy of the country involved; (C) the degree to which the project reduced GHG emissions; and (D) the degree to which the technology was a higher cost technology relative to other available technologies. (c) Sense of the Congress.--It is the sense of the Congress that small and medium-sized enterprises-- (1) are an important source of technological innovation and economic development globally; (2) can and should play an important role in the dissemination and implementation of innovative clean technologies in developing countries; and (3) should be supported through any fund referred to in subsection (b). SEC. 2. USE OF GREENHOUSE GAS ACCOUNTING BY THE MULTILATERAL DEVELOPMENT BANKS. Title XIII of the International Financial Institutions Act (22 U.S.C. 26m-262m-7) is amended by adding at the end the following: ``SEC. 1308. USE OF GREENHOUSE GAS ACCOUNTING BY THE MULTILATERAL DEVELOPMENT BANKS. ``(a) In General.--The Secretary of the Treasury shall seek to ensure that each multilateral development bank (as defined in section 1701(c)(4)) adopts and implements Greenhouse Gas (GHG) accounting in analyzing the benefits and costs of all projects for which funding is sought from the bank. ``(b) Sense of the Congress.--It is the sense of the Congress that adopting and implementing GHG accounting includes-- ``(1) calculating net carbon flows; ``(2) establishing uniform calculation techniques, with provision for modification as professional standards evolve; ``(3) making public the calculation techniques and the calculations; ``(4) adopting and making public a uniform carbon charge rate which appropriately reflects the global social cost of a unit of carbon emissions; and ``(5) performing carbon GHG accounting, including a full carbon charge for each project, defined as the net carbon flow multiplied by the carbon charge rate.''.

Amends the Bretton Woods Agreements Act to authorize the Secretary of the Treasury to contribute to a Fund to promote accelerated deployment in developing countries of technologies designed to reduce greenhouse gas emissions. Requires that such Fund be established and administered by the International Bank for Reconstruction and Development (IBRD). Amends the the International Financial Institutions Act to direct the Secretary to seek to ensure that each multilateral development bank adopts and implements greenhouse gas accounting in analyzing the benefits and costs of all projects for which bank funding is sought.

To authorize United States participation in, and appropriations for the United States contribution to, an international clean technology fund, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Victims Insurance Relief Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Holocaust, including the murder of 6,000,000 European Jews, the systematic destruction of families and communities, and the wholesale theft of their assets, was one of the most tragic crimes in modern history. (2) When Holocaust survivors or heirs of Holocaust victims presented claims to insurance companies after World War II, many were rejected because the claimants did not have death certificates or physical possession of policy documents that had been confiscated by the Nazis. (3) In many instances, insurance company records are the only proof of the existence of insurance policies belonging to Holocaust victims. (4) Holocaust survivors and their descendants have been fighting for decades to persuade insurance companies to settle unpaid insurance claims. (5) In 1998, the International Commission on Holocaust Era Insurance Claims (in this section referred to as the ``ICHEIC'') was established by the National Association of Insurance Commissioners in cooperation with several European insurance companies, European regulators, and survivor advocates to expeditiously address the issue of unpaid insurance policies issued to Holocaust victims. (6) On July 17, 2000, the United States and Germany signed an Executive Agreement in support of the German Foundation ``Remembrance, Responsibility, and the Future'', which designated the ICHEIC to resolve all Holocaust-era insurance policies issued by German companies and their subsidiaries. (7) On January 17, 2001, the United States and Austria signed an Executive Agreement, which designated the ICHEIC to resolve all Holocaust-era insurance policies issued by Austrian companies and their subsidiaries. (8) More than 5 years after the establishment of ICHEIC, companies holding Holocaust-era insurance policies continue to withhold names on thousands of dormant accounts. (9) As of February, 2003, more than 80 percent of the 88,000 claims applications filed with the ICHEIC remained unresolved because the claimants could not identify the company holding the policy. (10) Insurance companies doing business in the United States have a responsibility to ensure the disclosure of insurance policies of Holocaust victims that they or their related companies may have issued, to facilitate the rapid resolution of questions concerning these policies, and to eliminate the further victimization of policyholders and their families. (b) Purpose.--The purpose of this Act is to provide information about Holocaust-era insurance policies to Holocaust victims and their heirs and beneficiaries to enable them to expeditiously file their rightful claims under the policies. SEC. 3. HOLOCAUST INSURANCE REGISTRY. (a) Establishment and Maintenance.--Chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 2119. Holocaust Insurance Registry ``(a) Establishment.--The Archivist shall establish and maintain a collection of records that shall-- ``(1) be known as the Holocaust Insurance Registry; and ``(2) consist of the information provided to the Archivist under section 5 of the Holocaust Victims Insurance Relief Act of 2003. ``(b) Public Accessibility.--The Archivist shall make all such information publicly accessible and searchable by means of the Internet and by any other means the Archivist deems appropriate.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2119. Holocaust Insurance Registry.''. SEC. 4. FULL DISCLOSURE OF HOLOCAUST-ERA POLICIES BY INSURERS. (a) Requirement.--An insurer shall cause to be filed with the Secretary of Commerce in accordance with subsection (b) the following information: (1) The first name, last name, date of birth, and domicile of the policyholder of each covered policy issued by the insurer or a related company of the insurer. (2) The name of the entity that issued the covered policy. (3) The name of the entity that is responsible for the liabilities of the entity that issued the covered policy. (b) Proper Filing.--A filing under subsection (a) shall be made not later than the earlier of 90 days after the date of the enactment of this Act in an electronic format approved jointly by the Archivist of the United States and the Secretary of Commerce. SEC. 5. PROVISION OF INFORMATION TO ARCHIVIST. The Secretary of Commerce shall provide to the Archivist of the United States any information filed with the Secretary under section 4(a) promptly after the filing of such information. SEC. 6. PENALTY. The Secretary of Commerce shall assess a civil penalty of not less than $5,000 for each day that an insurer fails to comply with the requirements of section 4, as determined by the Secretary. SEC. 7. USE OF AMOUNTS RECEIVED AS CIVIL PENALTIES. To the extent or in the amounts provided in advance in appropriation Acts, the Archivist of the United States may use amounts received by the Government as civil penalties under section 6 to maintain the Holocaust Insurance Registry. SEC. 8. NOTIFICATION. (a) Initial Notification.--Not later than 180 days after the date of the enactment of this Act and periodically afterward, the Secretary of Commerce shall notify each State's commissioner of insurance of the identity of each insurer that has failed to comply with the requirements of section 4 or has not satisfied any civil penalty for which the insurer is liable under section 6. (b) Requests by States.--On request by the commissioner of insurance of a State concerning an insurer operating in that State, the Secretary of Commerce shall inform the commissioner of insurance whether the insurer has failed to comply with the requirements of section 4 or has not satisfied any civil penalty for which the insurer is liable under section 6. SEC. 9. STATE HOLOCAUST CLAIMS REPORTING STATUTES. (a) Preemption.--Nothing in this Act preempts the right of any State to adopt or enforce any State law requiring an insurer to disclose information regarding insurance policies that may have been confiscated or stolen from victims of Nazi persecution. (b) Sense of Congress.--It is the sense of the Congress that if any litigation challenging any State law described in subsection (a) is dismissed because the State's commissioner of insurance chooses to rely on this Act and therefore no longer seeks to enforce the State law, each party should bear its own legal fees and costs. SEC. 10. DEFINITIONS. In this Act: (1) Commissioner of insurance.--The term ``commissioner of insurance'' means the highest ranking officer of a State responsible for regulating insurance. (2) Covered policy.--The term ``covered policy'' means any life, dowry, education, or property insurance policy that was-- (A) in effect at any time after January 30, 1933, and before December 31, 1945; and (B) issued to a policyholder domiciled in any area of the European Continent that was occupied or controlled by Nazi Germany or by any ally or sympathizer of Nazi Germany at any time during the period described in subparagraph (A). (3) Insurer.--The term ``insurer'' means any person engaged in the business of insurance in United States interstate or foreign commerce, if the person or a related company of the person issued a covered policy, regardless of when the related company became a related company of the insurer. (4) Related company.--The term ``related company'' means an affiliate, as that term is defined in section 104(g) of the Gramm-Leach-Bliley Act.

Holocaust Victims Insurance Relief Act of 2003 - Directs the Archivist of the United States to establish and maintain a Holocaust Insurance Registry of information on holders, issuers, and related liable entities of Holocaust-era insurance policies that were: (1) in effect after January 30, 1933, and before December 31, 1945; and (2) issued to a policyholder domiciled in any area of Europe that was occupied or controlled by Nazi Germany or any ally or sympathizer during such period. Requires: (1) insurers to file such information in an electronic format with the Secretary of Commerce by a specified deadline; (2) the Secretary to assess a civil penalty for each day of insurer noncompliance; and (3) the Secretary to notify each State's commissioner of insurance of the identity of any insurer that has failed to file either such information or to satisfy such civil penalty. Declares that nothing in this Act preempts the right of any State to adopt or enforce any State law requiring an insurer to disclose information regarding insurance policies that may have been confiscated or stolen from victims of Nazi persecution. Expresses the sense of Congress that if any litigation challenging such a State law is dismissed because the State's commissioner of insurance chooses to rely on this Act and therefore no longer seeks to enforce the State law, each party should bear its own legal fees and costs.

To provide for the establishment of the Holocaust Insurance Registry by the Archivist of the United States and to require certain disclosures by insurers to the Secretary of Commerce.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Fairness Act of 2007''. 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 The applicable eligible for such benefits in: percentage is: 1979................................................... 55 1980................................................... 45 1981................................................... 35 1982................................................... 32 1983................................................... 25 1984................................................... 20 1985................................................... 16 1986................................................... 10 1987................................................... 3 1988................................................... 5. ``(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, 2007, 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 2008 not later than July 1, 2008, 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, 2007, 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 2008 not later than July 1, 2008, 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 2008. (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 2008, 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.

Notch Fairness Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who became eligible (at age 62) for (early retirement) old-age insurance benefits after 1978 and before 1989 (and reached age 65 for full-retirement benefits after 1981 and before 1992). Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55% to 5% keyed to the year an individual became eligible for (early retirement) benefits between 1978 and 1989. Provides for an election to receive such payments in a lump sum.

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 ``Bulletproof Vest Partnership Grant Act of 1998''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the number of law enforcement officers who are killed in the line of duty would significantly decrease if every law enforcement officer in the United States had the protection of an armor vest; (2) according to studies, between 1985 and 1994, 709 law enforcement officers in the United States were feloniously killed in the line of duty; (3) the Federal Bureau of Investigation estimates that the risk of fatality to law enforcement officers while not wearing an armor vest is 14 times higher than for officers wearing an armor vest; (4) the Department of Justice estimates that approximately 150,000 State, local, and tribal law enforcement officers, nearly 25 percent, are not issued body armor; (5) according to studies, between 1985 and 1994, bullet- resistant materials helped save the lives of more than 2,000 law enforcement officers in the United States; and (6) the Executive Committee for Indian Country Law Enforcement Improvements reports that violent crime in Indian country has risen sharply, despite a decrease in the national crime rate, and has concluded that there is a ``public safety crisis in Indian country''. (b) Purpose.--The purpose of this Act is to save lives of law enforcement officers by helping State, local, and tribal law enforcement agencies provide officers with armor vests. SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended-- (1) by redesignating part Y as part Z; (2) by redesignating section 2501 as section 2601; and (3) by inserting after part X the following new part: ``PART Y--MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS ``SEC. 2501. PROGRAM AUTHORIZED. ``(a) In General.--The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, and Indian tribes to purchase armor vests for use by State, local, and tribal law enforcement officers. ``(b) Uses of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the purchase of armor vests for law enforcement officers in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this part, the Director of the Bureau of Justice Assistance may give preferential consideration, if feasible, to an application from a jurisdiction that-- ``(1) has the greatest need for armor vests based on the percentage of law enforcement officers in the department who do not have access to a vest; ``(2) has, or will institute, a mandatory wear policy that requires on-duty law enforcement officers to wear armor vests whenever feasible; and ``(3) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; or ``(4) has not received a block grant under the Local Law Enforcement Block Grant program described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119). ``(d) Minimum Amount.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated .25 percent. ``(e) Maximum Amount.--A qualifying State, unit of local government, or Indian tribe may not receive more than 5 percent of the total amount appropriated in each fiscal year for grants under this section, except that a State, together with the grantees within the State may not receive more than 20 percent of the total amount appropriated in each fiscal year for grants under this section. ``(f) Matching Funds.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(g) Allocation of Funds.--At least half of the funds available under this part shall be awarded to units of local government with fewer than 100,000 residents. ``SEC. 2502. APPLICATIONS. ``(a) In General.--To request a grant under this part, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require. ``(b) Regulations.--Not later than 90 days after the date of the enactment of this part, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section. ``(c) Eligibility.--A unit of local government that receives funding under the Local Law Enforcement Block Grant program (described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119)) during a fiscal year in which it submits an application under this part shall not be eligible for a grant under this part unless the chief executive officer of such unit of local government certifies and provides an explanation to the Director that the unit of local government considered or will consider using funding received under the block grant program for any or all of the costs relating to the purchase of armor vests, but did not, or does not expect to use such funds for such purpose. ``SEC. 2503. DEFINITIONS. ``For purposes of this part-- ``(1) the term `armor vest' means body armor, no less than Type I, which has been tested through the voluntary compliance testing program operated by the National Law Enforcement and Corrections Technology Center of the National Institute of Justice (NIJ), and found to meet or exceed the requirements of NIJ Standard 0101.03, or any subsequent revision of such standard; ``(2) the term `body armor' means any product sold or offered for sale as personal protective body covering intended to protect against gunfire, stabbing, or other physical harm; ``(3) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; ``(4) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level; ``(5) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); and ``(6) the term `law enforcement officer' means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders.''. (b) Authorization of Appropriations.--Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following new paragraph: ``(23) There are authorized to be appropriated to carry out part Y, $25,000,000 for each of fiscal years 1999 through 2001.''. SEC. 4. SENSE OF THE CONGRESS. In the case of any equipment or products that may be authorized to be purchased with financial assistance provided using funds appropriated or otherwise made available by this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Bulletproof Vest Partnership Grant Act of 1998 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to: (1) make grants to States, local governments, and Indian tribes to purchase armor vests for use by State, local, and tribal law enforcement officers; and (2) give preferential consideration to applications from jurisdictions that have the greatest need, have or will institute a mandatory wear policy, and have a violent crime rate at or above the national average or have not received specified grants under the Local Law Enforcement Block Grant program (makes local governments receiving funding under such program ineligible for a grant under this Act unless the chief executive officer of such local government certifies that it considered or will consider using funding received under such program for costs of armor vests but does not expect to use such funds for that purpose). Provides that a qualifying State, unit of local government, or Indian tribe may not receive less than .5 percent nor more than five percent of the total amount appropriated in each fiscal year for such grants, and that a State, together with grantees within the State, may not receive more than 20 percent of the total amount appropriated in each fiscal year for such grants. Limits the portion of program costs provided by such grant to 50 percent. Authorizes the use of funds appropriated by the Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on Indian lands for the non-Federal share of a matching requirement funded under this Act. Requires that at least half of the funds available under this Act be awarded to local governments with fewer than 100,000 residents. Sets forth application requirements. Authorizes appropriations. Expresses the sense of the Congress that entities receiving assistance under this Act should, in expending such assistance, purchase only American-made equipment and products.

Bulletproof Vest Partnership Grant Act of 1998

SECTION 1. EXTENDED BENEFITS TRIGGER. (a) In General.--Section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) in subparagraph (B) of paragraph (1), by striking ``5 per centum'' and inserting ``4 per centum'', and (2) in the first flush sentence following paragraph (2), by striking ``5'' and inserting ``4''. (b) Effective Date.--The amendments made by subsection (a) shall apply to weeks of unemployment beginning 6 months or more after the date of the enactment of this Act. SEC. 2. INCREASE AND DECREASE IN EARNINGS CREDITED TO STATE ACCOUNTS WHEN STATES MEET OR FAIL TO MEET FUNDING GOALS. (a) In General.--Section 904 of the Social Security Act (42 U.S.C. 1104) is amended by adding at the end the following new subsection: ``increase and decrease in amount of earnings allocated to state accounts when states meet or fail to meet funding goals ``(h)(1) If the average daily balance in a State account in the Unemployment Trust Fund for any calendar quarter exceeds the funding goal of such State, the amount otherwise creditable to such account under subsection (e) for such quarter shall be increased by the interest premium on such excess. If the average daily balance in such a State account for any calendar quarter is less than the funding goal of such State, the amount otherwise creditable to such account under subsection (e) for such quarter shall be decreased by the interest penalty. ``(2) Paragraph (1) shall not apply with respect to any interest premium or interest penalty to the extent that such application would result in an increase or decrease of more than $2,500,000 in the amount creditable to any State account for any calendar quarter. ``(3) For purposes of this subsection, the term `interest premium' means, for any calendar quarter-- ``(A) with respect to the State with the largest percentage value of excess of the average daily balance in the State account in the Unemployment Trust Fund over the funding goal of such State, one-half of one percent of the amount of such excess, and ``(B) with respect to each other State, the product of-- ``(i) the amount of the excess of the average daily balance in the State account in the Unemployment Trust Fund over the funding goal of such State, and ``(ii) the percentage which bears the same ratio to one-half of one percent as-- ``(I) the percentage value of such excess, bears to ``(II) the percentage value of the excess of the State referred to in subparagraph (A). The Secretary shall make appropriate adjustments in the interest premium for any calendar quarter if the aggregate interest premiums payable for such quarter exceed the aggregate interest penalties for such quarter. ``(4) For purposes of this subsection, the term `interest penalty' means, for any calendar quarter-- ``(A) with respect to the State with the largest percentage value of excess of the funding goal of such State over the average daily balance in the State account in the Unemployment Trust Fund, one-half of one percent of the amount otherwise creditable to such account under subsection (e), and ``(B) with respect to each other State, the product of-- ``(i) the amount otherwise creditable to such account under subsection (e), and ``(ii) the percentage which bears the same ratio to one-half of one percent as-- ``(I) the percentage value of the excess of the funding goal of the State over such average daily balance of such State, bears to ``(II) the percentage value of such excess of the State referred to in subparagraph (A). ``(5) For purposes of this subsection, the term `funding goal' means, for any State for any calendar quarter, the average of the unemployment insurance benefits paid by such State during each of the 3 years, in the 20-year period ending with the calendar year containing such calendar quarter, during which the State paid the greatest amount of unemployment benefits. ``(6) For purposes of this subsection, the term `percentage value' means-- ``(A) with respect to any excess of the average daily balance in a State account in the Unemployment Trust Fund over the funding goal of such State, the percentage which such excess bears to such funding goal, and ``(B) with respect to any excess of such funding goal over such average daily balance, the percentage which such excess bears to such funding goal.'' (b) Conforming Amendments.-- (1) Amounts credited to state accounts.--Subsection (e) of section 904 of the Social Security Act (42 U.S.C. 1104(e)) is amended in the first sentence by inserting ``(as modified by subsection (h))'' after ``a proportionate part''. (2) Interest rate on repayment of advances determined without regard to interest premiums or penalties on amounts credited to state accounts.--Subparagraph (A) of section 1202(b)(4) of such Act (42 U.S.C. 1322(b)(4)) is amended by inserting ``(determined without regard to section 904(h))'' after ``preceding calendar year''. (c) Report.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report recommending sources of funding for the crediting of interest premiums under subsection (h) of section 904 of the Social Security Act (42 U.S.C. 1104), as added by this section, in the event that the imposition of interest penalties under such subsection is insufficient to fund such premiums. (d) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 1996. SEC. 3. INTEREST-FREE ADVANCES TO STATE ACCOUNTS IN UNEMPLOYMENT TRUST FUND RESTRICTED TO STATES WHICH MEET FUNDING GOALS. (a) In General.--Paragraph (2) of section 1202(b) of the Social Security Act (42 U.S.C. 1322(b)) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) the average daily balance in the account of such State in the Unemployment Trust Fund for each of 4 of the 5 calendar quarters preceding the calendar quarter in which such advances were made exceeds the funding goal of such State (as defined in section 904(h)).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to calendar years beginning after December 31, 1996. SEC. 4. STATE COLLECTION OF FEDERAL UNEMPLOYMENT TAX. (a) In General.--Chapter 23 of the Internal Revenue Code of 1986 (relating to Federal Unemployment Tax Act) is amended by redesignating section 3311 as section 3312 and by inserting after section 3310 the following new section: ``SEC. 3311. STATE COLLECTION OF TAX. ``(a) In General.--At the election of any State which is certified as provided in section 3304, each employer who pays contributions, with respect to any wages, into an unemployment fund maintained under the unemployment compensation law of such State shall submit the tax imposed by this chapter with respect to such wages to such State rather than to the Secretary. ``(b) Coordination with Depositary Requirements.--Payment under subsection (a) of the tax imposed by this chapter with respect to any wages shall be treated as timely paid for purposes of this title if paid by the employer to the State at the same time as a timely paid payment, with respect to such wages, of contributions into an unemployment fund maintained under the unemployment compensation law of such State. ``(c) Exception for Payments Not Timely Paid.--Subsection (a) shall not apply to any payment of the tax imposed by this chapter which is not paid by an employer on or before the last date on which such payment would be treated as timely paid under subsection (b). ``(d) Federal Tax Transferred to Secretary.--Each State making an election under subsection (a) shall transmit to the Secretary, at the time and in the manner prescribed by the Secretary, the amount of the tax imposed by this chapter which is submitted to such State under subsection (a) and a copy of the State tax return of each employer making such a submission. The Secretary may, after consultation with the Interstate Conference of Employment Security Administrators, prescribe regulations requiring that additional information be submitted by such State with respect to the amount of such tax payable by such employer.'' (b) Clerical Amendment.--The table of sections for chapter 23 of such Code is amended by striking the item relating to section 3311 and inserting the following new items: ``Sec. 3311. State collection of tax. ``Sec. 3312. Short title.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 5. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS. (a) In General.--Subsection (a) of section 3304 of the Internal Revenue Code of 1986 (relating to approval of State laws) is amended by striking ``and'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``; and'', and by adding at the end the following new paragraph: ``(20) the State will distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to certifications of States for 1997, except that section 3304(a)(20) of such Code, as added by subsection (a), shall not be a requirement for the State law of any State prior to July 1, 1998, if the legislature of such State does not meet in a regular session which closes during the calendar year 1997.

Amends the Federal-State Extended Unemployment Compensation Act of 1970 to revise the formula for the extended benefits trigger. Amends the Social Security Act (SSA) to require increases and decreases in the earnings allocated to State accounts when States meet or fail to meet funding goals. Amends SSA to restrict interest-free advances to State accounts in the Unemployment Trust Fund to States which meet funding goals. Amends Internal Revenue Code (IRC) provisions relating to the Federal Unemployment Tax Act to allow certified States to elect to collect Federal unemployment taxes. Amends IRC provisions relating to approval of State laws to require States to distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions.

To reform the Federal unemployment benefits system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern Nevada Land Implementation Improvement Act''. SEC. 2. FACILITATION OF PINYON-JUNIPER RELATED PROJECTS IN LINCOLN COUNTY, NEVADA. (a) Facilitation of Pinyon-Juniper Related Projects.-- (1) Availability of special account under lincoln county land act of 2000.--Section 5(b) of the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1048) is amended-- (A) in paragraph (1)-- (i) in subparagraph (B), by inserting ``and implementation'' after ``development''; and (ii) in subparagraph (C)-- (I) in clause (i), by striking ``; and'' at the end and inserting a semicolon; and (II) by adding at the end the following: ``(iii) development and implementation of comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction projects and wildfire prevention planning activities (particularly for pinyon-juniper dominated landscapes) and other rangeland and woodland restoration projects within the County, consistent with the Ely Resource Management Plan or a subsequent amendment to the plan; and''; and (B) by adding at the end the following: ``(3) Cooperative agreements.--Establishment of cooperative agreements between the Bureau of Land Management and the County shall be required for any County-provided law enforcement and planning related activities approved by the Secretary regarding-- ``(A) wilderness in the County designated by the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2403); ``(B) cultural resources identified, protected, and managed pursuant to that Act; ``(C) planning, management, and law enforcement associated with the Silver State OHV Trail designated by that Act; and ``(D) planning associated with land disposal and related land use authorizations required for utility corridors and rights-of-way to serve land that has been, or is to be, disposed of pursuant to that Act (other than rights-of-way granted pursuant to that Act) and this Act.''. (2) Availability of special account under lincoln county conservation, recreation, and development act of 2004.--Section 103 of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2406) is amended-- (A) in subsection (b)(3)-- (i) in subparagraph (E), by striking ``; and'' at the end and inserting a semicolon; (ii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(G) development and implementation of comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction and wildfire prevention planning activities (particularly for pinyon-juniper dominated landscapes) and other rangeland and woodland restoration projects within the County, consistent with the Ely Resource Management Plan or a subsequent amendment to the plan.''; and (B) by adding at the end the following: ``(d) Cooperative Agreements.--Establishment of cooperative agreements between the Bureau of Land Management and the County shall be required for any County-provided law enforcement and planning related activities approved by the Secretary regarding-- ``(1) wilderness in the County designated by this Act; ``(2) cultural resources identified, protected, and managed pursuant to this Act; ``(3) planning, management, and law enforcement associated with the Silver State OHV Trail designated by this Act; and ``(4) planning associated with land disposal and related land use authorizations required for utility corridors and rights-of-way to serve land that has been, or is to be, disposed of pursuant to this Act (other than rights-of-way granted pursuant to this Act) and the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1046).''. (b) Disposition of Proceeds.-- (1) Disposition of proceeds under lincoln county land act of 2000.--Section 5(a)(2) of the Lincoln County Land Act of 2000 (Public Law 106-298; 114 Stat. 1047) is amended by inserting ``and the Lincoln County Regional Development Authority'' after ``schools''. (2) Disposition of proceeds under lincoln county conservation, recreation, and development act of 2004.--Section 103(b)(2) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2405) is amended by striking ``and transportation'' and inserting ``transportation, and the Lincoln County Regional Development Authority or any other County economic development organization''. (c) Realign a Portion of the LCCRDA Utility Corridor.--Section 301(a) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108-424; 118 Stat. 2413) establishes a 2,640- foot wide utility corridor as depicted on a map dated October 1, 2004. The Secretary of the Interior shall realign a portion of the corridor by removing the designation in sections 5, 6, 7, 8, 9, 10, 11, 14, and 15, T. 7 N., R. 68 E. and realigning the corridor to sections 31, 32, and 33, T. 8 N., R. 68 E.; sections 4, 5, and 6, T. 7 N., R. 68 E.; and sections 1 and 12, T. 7 N., 67 E. as shown on the October 1, 2004, map. (d) Final Corrective Patent in Clark County, Nevada.-- (1) Validation of patent.--Patent number 27-2005-0081 issued by the Bureau of Land Management on February 18, 2005, is affirmed and validated as having been issued pursuant to, and in compliance with, the Nevada-Florida Land Exchange Authorization Act of 1988 (Public Law 100-275; 102 Stat. 52), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for the benefit of the desert tortoise, other species, and the habitat of the desert tortoise and other species to increase the likelihood of the recovery of the desert tortoise and other species. (2) Ratification of reconfiguration.--The process used by the United States Fish and Wildlife Service and the Bureau of Land Management in reconfiguring the land described in paragraph (1), as depicted on Exhibit 1-4 of the Final Environmental Impact Statement for the Planned Development Project MSHCP, Lincoln County, NV (FWS-R8-ES-2008-N0136) and the reconfiguration provided for in Special Condition 10 of the Army Corps of Engineers Permit No. 000005042 are ratified. (e) Final Land Reconfiguration in Lincoln County, Nevada.-- (1) Definitions.--In this subsection: (A) Map.--The term ``Map'' means the map prepared by the Bureau of Land Management entitled ``Proposed Lincoln County Land Reconfiguration'' and dated January 28, 2016. (B) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (2) Issuance of lincoln county corrective patent.-- (A) In general.--The Secretary may issue a corrective patent for 7,548 acres of land in Lincoln County, Nevada, that is depicted on the Map. (B) Applicable law.--A corrective patent issued under subparagraph (A) shall be considered to have been issued pursuant to, and in compliance with, the Nevada- Florida Land Exchange Authorization Act of 1988 (Public Law 100-275; 102 Stat. 52). SEC. 3. MT. MORIAH WILDERNESS, HIGH SCHELLS WILDERNESS, AND ARC DOME WILDERNESS BOUNDARY ADJUSTMENTS. (a) Amendments to the Pam White Wilderness Act.--Section 323 of the Pam White Wilderness Act of 2006 (16 U.S.C. 1132 note; Public Law 109- 432; 120 Stat. 3031) is amended by striking subsection (e) and inserting the following: ``(e) Mt. Moriah Wilderness Adjustment.--The boundary of the Mt. Moriah Wilderness established under section 2(13) of the Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101- 195) is adjusted to include-- ``(1) the land identified as the `Mount Moriah Wilderness Area' and `Mount Moriah Additions' on the map entitled `Eastern White Pine County' and dated November 29, 2006; and ``(2) the land identified as `NFS Lands' on the map entitled `Proposed Wilderness Boundary Adjustment Mt. Moriah Wilderness Area' and dated June 18, 2014. ``(f) High Schells Wilderness Adjustment.--The boundary of the High Schells Wilderness established under subsection (a)(11) is adjusted to include the land identified as `Include as Wilderness' on the map entitled `McCoy Creek Adjustment' and dated November 3, 2014, and to exclude the land identified as `NFS Lands' on the map entitled `Proposed Wilderness Boundary Adjustment High Schells Wilderness Area' and dated June 17, 2014.''. (b) Amendments to the Nevada Wilderness Protection Act of 1989.-- The Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101-195; 103 Stat. 1784) is amended by adding at the end the following: ``SEC. 12. ARC DOME BOUNDARY ADJUSTMENT. ``The boundary of the Arc Dome Wilderness established under section 2(2) is adjusted to exclude the land identified as `Exclude from Wilderness' on the map entitled `Arc Dome Adjustment' and dated November 3, 2014.''. SEC. 4. IMPLEMENTATION OF CONSERVATION PLAN, VIRGIN RIVER, NEVADA. Section 3(d)(3)(B) of Public Law 99-548 (100 Stat. 3061; 116 Stat. 2018) is amended by striking ``development of a multispecies habitat conservation plan for'' and inserting ``development and implementation of a conservation plan to benefit fish and wildlife species of''. SEC. 5. TECHNICAL AMENDMENT. Section 3(f)(2)(B) of Public Law 99-548 (100 Stat. 3061) is amended by striking ``(v) Sec. 7.''. Passed the House of Representatives June 7, 2016. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on April 25, 2016. Eastern Nevada Land Implementation Improvement Act (Sec. 2) This bill amends the Lincoln County Land Act of 2000 (LCLA) to require implementation of a multispecies habitat conservation plan in Lincoln County, Nevada. Both the LCLA and the Lincoln County Conservation, Recreation, and Development Act of 2004 (LCCRDA) are amended to make certain amounts available for comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction projects and wildfire prevention planning activities (particularly for pinyon-juniper dominated landscapes) and other rangeland and woodland restoration projects within the county, consistent with the Ely Resource Management Plan or a subsequent amendment to it. The bill requires cooperative agreements between the Bureau of Land Management (BLM) and Lincoln County for certain county-provided law enforcement and planning related activities approved by the Department of the Interior. Certain portions of land sale proceeds returned to the County under the LCLA and the LCCRDA shall be used in part for the Lincoln County Regional Development Authority. Under the LCCRDA Interior shall realign a specified portion of a 2,640-foot wide utility corridor. The bill: affirms and validates patent number 27-2005-0081 issued by the BLM on February 18, 2005, as having been issued pursuant to and in compliance with specified law for the benefit of the desert tortoise, other species, and their habitat to increase the likelihood of their recovery; and ratifies the processes used by the U.S. Fish and Wildlife Service and the BLM in reconfiguring the land covered by the patent. Interior may issue a corrective patent for 7,548 specified acres of land in Lincoln County. (Sec. 3) The bill amends the Pam White Wilderness Act to adjust the boundary of the Mt. Moriah Wilderness to include specified lands, and the boundary of the High Schells Wilderness to include and exclude specified lands. The bill amends the Nevada Wilderness Protection Act of 1989 to adjust the boundary of the Arc Dome Wilderness to exclude specified land. (Sec. 4) The bill amends the Mesquite Lands Act of 1988 to require the proceeds of the sales of certain parcels of land by Interior to the city of Mesquite, Nevada, to be made available for use for the development and implementation of a conservation plan to benefit fish and wildlife species of the Virgin River in Clark County (rather than, as currently, for development of a multispecies habitat conservation plan).

Eastern Nevada Land Implementation Improvement Act

SECTION 1. PATTERSON LAKE LAND CONVEYANCES. (a) Definitions.--In this section: (1) Department.--The term ``Department'' means Dickinson Parks & Recreation in Dickinson, North Dakota (or a successor in interest to that entity). (2) Dickinson reservoir.--The term ```Dickinson Reservoir''' means the Dickinson Reservoir constructed as part of the Dickinson Unit, Heart Division, Pick-Sloan Missouri Basin Program, as authorized by section 9 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665). (3) Permittee.--The term ``permittee'' means the holder of a permit for a property. (4) Property.--The term ``property'' means any one of the cabin sites located on Federal property around the Dickinson Reservoir for which a permit is in effect on the date of enactment of this Act. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (b) Purchase of Property by Permittee; Transfers to Department.-- (1) Option.--The Secretary shall provide to the permittee of a property the first option to purchase that property for fair market value in accordance with paragraph (2). (2) Purchase.-- (A) In general.--On an election by a permittee to exercise the option to purchase a property pursuant to paragraph (1), the Secretary shall convey to the permittee, for fair market value-- (i) all right, title, and interest of the United States in and to the property, subject to valid existing rights; and (ii) easements for-- (I) vehicular access to the property; (II) access to, and use of, a dock for the property; and (III) access to, and use of, all boathouses, ramps, retaining walls, and other improvements for which access is provided in the permit for use of the property as of the date of enactment of this Act. (B) Period for conveyance.--The Secretary shall convey to a permittee a property pursuant to subparagraph (A) during the period-- (i) beginning on the date that is 1 year after the date of enactment of this Act; and (ii) ending on the date that is 2 years after that date of enactment. (C) Disputes regarding fair market value.--Any dispute regarding the fair market value of a property shall be resolved in accordance with section 2201.4 of title 43, Code of Federal Regulations (or successor regulations). (3) Transfers to department.-- (A) Failure to purchase.--If a permittee fails to exercise the option to purchase a property under paragraph (2) by the date that is 2 years after the date of enactment of this Act, the Secretary shall transfer the property to the Department, without cost. (B) Certain other land.--Effective beginning on the date that is 2 years after the date of enactment of this Act, the Secretary shall transfer to the Department, without cost, land managed by the Department as of the date of enactment, on which no cabin is located. (c) Oil, Gas, Mineral, and Other Outstanding Rights.--Each conveyance to a permittee, and each transfer to the Department, pursuant to subsection (b) shall be made subject to-- (1) oil, gas, and other mineral rights reserved of record, as of the date of enactment of this Act, by, or in favor of, a third party; and (2) any permit, license, lease, right-of-use, or right-of- way of record in, on, over, or across the applicable property or land that is outstanding to a third party as of the date of enactment of this Act. (d) Liability; Taking.-- (1) Liability.--The United States shall not be liable for flood damage to the personal property of a permittee or for damages arising out of any act, omission, or occurrence relating to a lot to which a permit applies, other than for damages caused by an act or omission of the United States or an employee, agent, or contractor of the United States before the date of enactment of this Act. (2) Taking.--Any temporary flooding or flood damage to the personal property of a permittee shall not be considered to be a taking by the United States. (e) Requirements Relating to Conveyances and Transfers.-- (1) Interim requirements.--During the period beginning on the date of enactment of this Act and ending on the date of conveyance or transfer of a property or land, the provisions of the document entitled ``Management Agreement between the Bureau of Reclamation, et al., for the Development, Management, Operation, and Maintenance of Lands and Recreation Facilities at Dickinson Reservoir'' that are applicable to the property or land shall remain in force and effect. (2) Legal descriptions.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Department, shall provide to the Department a legal description of all properties and land that may be conveyed or transferred pursuant to this section. (3) Restriction on conveyance.--Effective beginning on the date of enactment of this Act-- (A) a permittee may not build any new permanent structure below an elevation of 2,430 feet; and (B) if a permittee builds a structure described in subparagraph (A), the property of the permittee shall revert to the Department. (f) Proceeds From Sales of Federal Land.--Any revenues from a sale of Federal land pursuant to this section shall be made available to the Secretary, without further appropriation, for-- (1) the costs to the Secretary of carrying out this section; and (2) deferred maintenance activities relating to the operation of the dam in the Dickinson Reservoir.

This bill directs the Commissioner of Reclamation to: (1) provide to the holder of a permit for a cabin site located on federal property around the Dickinson Reservoir in North Dakota the first option to purchase the site for fair market value; and (2) convey to a permittee who exercises such option all U.S. interest in the site, easements for access to the site, a dock for the site, and the improvements on it. Beginning two years after enactment of this bill: (1) if a permittee has not exercised such option, the Commissioner shall transfer the site to Dickinson Parks & Recreation in Dickinson, North Dakota (the Department), without cost; and (2) the Commissioner shall transfer to the Department, without cost, land currently managed by the Department on which no cabin is located. Each such conveyance and transfer shall be made subject to specified mineral rights and rights-of-way of third parties. A permittee may not build any new permanent structure below an elevation of 2,430 feet. If a permittee builds such a structure, the permittee's site shall revert to the Department. Revenues from a sale of federal land pursuant to this bill shall be made available to the Commissioner for: (1) the costs of carrying out this bill, and (2) deferred maintenance activities relating to the operation of the dam in the Dickinson Reservoir.

A bill to establish a procedure for the conveyance of certain Federal property around the Dickinson Reservoir in the State of North Dakota.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Students from Sexual and Violent Predators Act''. SEC. 2. BACKGROUND CHECKS. (a) Background Checks.--Not later than 2 years after the date of enactment of this Act, each State educational agency that receives funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) shall have in effect policies and procedures that-- (1) require that a criminal background check be conducted for each school employee that includes-- (A) a search of the State criminal registry or repository of the State in which the school employee resides; (B) a search of State-based child abuse and neglect registries and databases of the State in which the school employee resides; (C) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (D) a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16919); (2) prohibit the employment of a school employee as a school employee if such employee-- (A) refuses to consent to a criminal background check under paragraph (1); (B) makes a false statement in connection with such criminal background check; (C) has been convicted of a felony consisting of-- (i) homicide; (ii) child abuse or neglect; (iii) a crime against children, including child pornography; (iv) spousal abuse; (v) a crime involving rape or sexual assault; (vi) kidnapping; (vii) arson; or (viii) physical assault, battery, or a drug-related offense, committed on or after the date that is 5 years before the date of such employee's criminal background check under paragraph (1); or (D) has been convicted of any other crime that is a violent or sexual crime against a minor; (3) require that each criminal background check conducted under paragraph (1) be periodically repeated or updated in accordance with State law or the policies of local educational agencies served by the State educational agency; (4) upon request, provide each school employee who has had a criminal background check under paragraph (1) with a copy of the results of the criminal background check; (5) provide for a timely process, by which a school employee may appeal, but which does not permit the employee to be employed as a school employee during such appeal, the results of a criminal background check conducted under paragraph (1) which prohibit the employee from being employed as a school employee under paragraph (2) to-- (A) challenge the accuracy or completeness of the information produced by such criminal background check; and (B) establish or reestablish eligibility to be hired or reinstated as a school employee by demonstrating that the information is materially inaccurate or incomplete, and has been corrected; (6) ensure that such policies and procedures are published on the website of the State educational agency and the website of each local educational agency served by the State educational agency; and (7) allow a local educational agency to share the results of a school employee's criminal background check recently conducted under paragraph (1) with another local educational agency that is considering such school employee for employment as a school employee. (b) Transfer Prohibition.--A local educational agency or State educational agency that receives funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) may not knowingly transfer or facilitate the transfer of any school employee if the agency knows, or has substantive reason to believe, that such employee engaged in sexual misconduct with an elementary school or secondary school student. (c) Fees for Background Checks.-- (1) Charging of fees.--The Attorney General, attorney general of a State, or other State law enforcement official may charge reasonable fees for conducting a criminal background check under subsection (a)(1). (2) Administrative funds.--A local educational agency or State educational agency may use administrative funds received under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) to pay any reasonable fees charged for conducting such criminal background check. (d) Definitions.--In this Act: (1) In general.--The terms ``elementary school'', ``secondary school'', ``local educational agency'', ``State'', and ``State educational agency'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) School employee.--The term ``school employee'' means-- (A) a person who-- (i) is an employee of, or is seeking employment with, a local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and (ii) as a result of such employment, has (or will have) a job duty that results in unsupervised access to elementary school or secondary school students; or (B)(i) any person, or an employee of any person, who has a contract or agreement to provide services with an elementary school, secondary school, local educational agency, or State educational agency, that receives Federal funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and (ii) such person or employee, as a result of such contract or agreement, has a job duty that results in unsupervised access to elementary school or secondary school students.

Protecting Students from Sexual and Violent Predators Act Requires states that receive funds under the Elementary and Secondary Education Act of 1965 (ESEA) to: require criminal background checks for each school employee that include searches of the criminal registry or repository of the state in which the employee resides, the child abuse and neglect registries and databases of that state, the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation (FBI), and the National Sex Offender Registry; prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted of one of specified felonies or of a violent or sexual crime against a minor; require background checks to be periodically repeated or updated in accordance with state law or the policies of the state's local educational agencies (LEAs); provide school employees who have had a background check with a copy of the background check if they request one and a timely process to appeal the results of the background check if it blocks their service as a school employee; ensure that such policies and procedures are published on state and LEA websites; and allow an LEA to share the results of a recent background check on a school employee with another LEA that is considering that individual for employment. Prohibits states and LEAs from knowingly transferring or facilitating the transfer of any school employee if they know, or have substantive reason to believe, that such employee engaged in sexual misconduct with an elementary or secondary school student. Allows: (1) the Attorney General and state law enforcement officials to charge reasonable fees for conducting the background checks, and (2) states and LEAs to use ESEA administrative funds to pay such fees.

Protecting Students from Sexual and Violent Predators Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lewis and Clark Voyage of Scientific Discovery Act''. SEC. 2. LONG-TERM MONITORING PROGRAM. (a) Establishment.--Not later than 2 years after the date of the enactment of this Act, the Secretary of the Interior, in consultation with the Director of the United States Geological Survey, shall establish a program at the River Studies Center of the Biological Resources Division of the United States Geological Survey, located in Columbia, Missouri-- (1) to determine and monitor the biological and chemical characteristics of the Missouri River; (2) to determine and monitor the interrelationship of those characteristics with the hydrology and geomorphology of the river; and (3) to monitor and assess the biota, including threatened or endangered species, habitats, and water quality of the Missouri River. (b) Development.--To develop the program, the Secretary of the Interior and the Director of the United States Geological Survey shall consult with-- (1) the Governors of affected States, acting through-- (A) the Missouri River Natural Resources Committee; and (B) the Missouri River Basin Association; and (2) the Secretary of Agriculture; (3) the Secretary of the Army; (4) the Western Area Power Administration; (5) the Administrator of the Environmental Protection Agency; and (6) the Missouri River Basin Tribes. (c) Activities.--The program under subsection (b) shall provide scientific information to-- (1) guide operation and management of the Missouri River; and (2) measure and model the impact of management alternatives through-- (A) monitoring of biota, including threatened or endangered species, habitats, and water quality; (B) focused investigations of cause and effect relationships; and (C) identification and evaluation of methods to conserve fish and wildlife, including threatened and endangered species. (d) Baseline.--The program under subsection (b) shall establish a baseline of conditions against which future activities can be measured. (e) Database.--The Secretary of the Interior shall-- (1) establish a database on Missouri River biota, including threatened or endangered species, habitats, and water quality; and (2) make the database readily available to the public. (f) Report.--Not later than 3 years after the date of establishment of the program under subsection (b), and not less frequently than every 3 years thereafter, the Secretary of the Interior, acting through the Director of the United States Geological Survey, shall-- (1) review the program; (2) as necessary, establish and revise the objectives of the program; and (3) submit to Congress a report on the environmental health of the Missouri River. (g) Indian Tribes.--Notwithstanding any other provision of law, the Secretary of the Interior shall enter into contracts, pursuant to the Indian Self Determination Act (title I of the Indian Self Determination and Education Assistance Act; 25 U.S.C. chapter 14, subchapter II, part A (25 U.S.C. 450f et. seq.)) with Tribes whose Reservations are located along the Missouri River and have an interest in environmental restoration. The tasks to be contracted shall implement the goals set forth in this section and shall complement the activities undertaken by the Secretary of the Interior and the affected State Governments. (h) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary of the Interior to carry out this section-- (A) $6,500,000 for fiscal year 2002; (B) $8,500,000 for fiscal year 2003; and (C) $15,100,000 for each of fiscal years 2004 through 2016. (2) Allocation of funds.--Funding of the program shall be implemented in the following manner: (A) Not more than the following percentage of the funds available shall be directed to the River Studies Center of the Biological Resources Division of the United States Geological Survey, located in Columbia, Missouri: (i) 25 percent in fiscal year 2002 (ii) 40 perccent in fiscal year 2003 (iii) 65 percent in fiscal years after 2003. At least 50 percent of such funds shall be directed to the River Studies Center in fiscal years after 2003. (B) The remaining funds shall be made available to State fish and wildlife agencies in the Missouri River basin to conduct monitoring activities designed to enhance and supplement existing scientific knowledge of the Missouri River system. (3) Threatened and endangered species.--Of the amounts made available under paragraph (1) for each fiscal year, $1,500,000 shall be made available to the Secretary of the Interior and the State agencies with jurisdiction for Missouri River fish and wildlife to monitor and conduct focused investigations of endangered fish, including pallid sturgeon response to main stem reservoir operations. (4) State agency funding.--Funds authorized to be appropriated under this section shall be made available as necessary to contract with the State agencies with jurisdiction for Missouri River fish and wildlife to collect field data and support field operations for the monitoring component of the program. (5) Funding of focused investigations.--The focused investigations component of the program established under this section shall be funded using a competitive process. Each year, the directors of the State fish and game agencies with jurisdiction for Missouri River fish and wildlife, in consultation with the Secretary of the Interior, and the entities listed under section 2(b)(1), shall prioritize information needs and issue a request for proposals to State, Federal, for-profit, and not-for-profit organizations with Missouri River interest and expertise. The directors and the Secretary shall review and select those proposals to be funded.

Lewis and Clark Voyage of Scientific Discovery Act - Directs the Secretary of the Interior to establish a program at the River Studies Center of the Biological Resources Division of the United States Geological Survey in Columbia, Missouri, to determine and monitor the biological and chemical characteristics of the Missouri River, determine and monitor the relationship of those characteristics with the river's hydrology and geomorphology, and monitor and assess the river's biota and water quality. Requires contracts with Indian tribes whose reservations are located along the Missouri River and have an interest in environmental restoration.Requires establishment of a publicly available database.Makes a specified amount of funds provided under this Act available to monitor and conduct focused investigations of endangered fish, including pallid sturgeon.

To direct the Secretary of the Interior to monitor the health of the Missouri River and measure biological, chemical, and physical responses to changes in river management and other significant variables.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crackdown on Deadbeat Dealers Act of 2002''. SEC. 2. FINDINGS. The Congress finds that-- (1) a small number of licensed firearms dealers account for a large proportion of the firearms traced from crimes; (2) in 1998, 1.2 percent of licensed firearms dealers-- 1,020 of the approximately 83,200 licensed retail firearms dealers and pawnbrokers-- accounted for over 57 percent of the crime guns traced to licensed firearms dealers; and (3) in 1998, just over 450 licensed firearms dealers had traced to them 10 or more guns that were used in crimes within 3 years after they sold the guns. SEC. 3. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF FIREARMS DEALERS. Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is amended by striking ``once'' and inserting ``3 times''. SEC. 4. INCREASING PENALTIES ON GUN KINGPINS. (a) Increasing the Penalty for Engaging in an Illegal Firearms Business.--Section 924(a)(2) of title 18, United States Code is amended to read as follows: ``(2) Whoever-- ``(A) knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) of section 922; or ``(B) willfully violates section 922(a)(1), shall be fined under this title, imprisoned not more than 10 years, or both.''. (b) Sentencing Guidelines Increase for Certain Violations and Offenses.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines to provide an appropriate enhancement for a violation of section 922(a)(1) of title 18, United States Code. The Commission shall promulgate the amendments provided for under this subsection as soon as is practicable in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired. SEC. 5. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING. Section 924(a)(3) of title 18, United States Code, is amended by striking the period and inserting ``; but if the violation is in relation to an offense under subsection (a)(6) or (d) of section 922, shall be fined under this title, imprisoned not more than 10 years, or both.''. SEC. 6. SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES FOR VIOLATIONS OF THE GUN CONTROL ACT. Subsections (e) and (f) of section 923 of title 18, United States Code, are amended to read as follows: ``(e) The Secretary may, after notice and opportunity for hearing, suspend or revoke any license issued under this section, or may subject the licensee to a civil penalty of not more than $10,000 per violation, if the holder of the license has willfully violated any provision of this chapter or any rule or regulation prescribed by the Secretary under this chapter or fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the dealer shall not be considered to be in violation of the requirement to make available such a device). The Secretary may, after notice and opportunity for hearing, suspend or revoke the license of, or assess a civil penalty of not more than $10,000 on, a dealer who willfully transfers armor piercing ammunition. The Secretary may at any time compromise, mitigate, or remit the liability with respect to any willful violation of this chapter or any rule or regulation prescribed by the Secretary under this chapter. The Secretary's actions under this subsection may be reviewed only as provided in subsection (f). ``(f)(1) Any person whose application for a license is denied and any holder of a license which is suspended or revoked or who is assessed a civil penalty shall receive a written notice from the Secretary stating specifically the grounds upon which the application was denied or upon which the license was suspended or revoked or the civil penalty assessed. Any notice of a suspension or revocation of a license shall be given to the holder of the license before the effective date of the suspension or revocation. ``(2) If the Secretary denies an application for a license, or suspends or revokes a license, or assesses a civil penalty, he shall, upon request by the aggrieved party, promptly hold a hearing to review the denial, suspension, revocation, or assessment. In the case of a suspension or revocation of a license, the Secretary shall, on the request of the holder of the license, stay the effective date of the suspension or revocation. A hearing under this paragraph shall be held at a location convenient to the aggrieved party. ``(3) If after a hearing held under paragraph (2) the Secretary decides not to reverse the decision to deny an application or suspend or revoke a license or assess a civil penalty, the Secretary shall give notice of the decision to the aggrieved party. The aggrieved party may at any time within 60 days after the date notice is given under this paragraph file a petition with the United States district court for the district in which party resides or in which the party's principal place of business is located for a de novo judicial review of the denial, suspension, revocation, or assessment. In a proceeding conducted under this subsection, the court may consider any evidence submitted by the parties to the proceeding whether or not such evidence was considered at the hearing held under paragraph (2). If the court decides that the Secretary was not authorized to deny the application or to suspend or revoke the license or to assess the civil penalty, the court shall order the Secretary to take such action as may be necessary to comply with the judgment of the court.''. SEC. 7. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY CONVICTION. Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''.

Crackdown on Deadbeat Dealers Act of 2002 - Amends the Brady Handgun Violence Prevention Act to increase the number of allowed inspections for compliance with record-keeping requirements by firearms dealers to not more than three times (currently, once) during any 12-month period.Increases penalties for: (1) willfully engaging in an illegal firearms business; and (2) in connection with the acquisition or attempted acquisition of a firearm or ammunition, knowingly making false statements or furnishing false or misrepresented identification regarding any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition.Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines for violations related to illegal firearms and ammunition businesses.Authorizes the Secretary of the Treasury to suspend a firearms dealer's license and to assess a civil penalty of up to $10,000 for firearms violations, including failure to have secure gun storage or safety devices (current penalties are limited to license revocation).Permits any licensed firearms dealer who is indicted for a felony to continue to operate until the date of conviction (currently, until the conviction becomes final).

To ensure greater accountability by licensed firearms dealers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Gunrunning Act of 2001''. SEC. 2. PREVENTING GUN TRAFFICKING BY RESTRICTING HANDGUN TRANSFERS TO ONE PER MONTH. (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(z)(1) The Congress finds and declares that-- ``(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem; ``(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs; ``(C) firearms and ammunition move easily in interstate commerce; ``(D) the illegal movement of firearms, and handguns in particular, across state lines is a widespread and pervasive national problem; ``(E) handguns (even when lawfully purchased) are unlawfully transported across state lines by gun traffickers and are illegally sold to prohibited persons; ``(F) in fact, even before a firearm is illegally sold by a trafficker, the gun, its component parts, ammunition, and the raw materials from which it is made have moved in interstate commerce; ``(G) law-abiding persons may fear to travel interstate or to or through certain parts of the country due to concern about violent crime and gun violence; ``(H) the illegal movement of handguns across state lines substantially affects the national market for firearms, because handguns sold in one State in which there are few restrictions provide a convenient source for the acquisition of handguns by gun traffickers who transport the handguns to jurisdictions with stronger restrictions; ``(I) the unlawful sale of firearms by traffickers provides a method by which firearms can be bought and sold anonymously, without background checks and without record-keeping requirements to enable gun tracing; ``(J) handguns sold by traffickers are often obtained by criminals and other prohibited persons who frequently use guns that cannot be traced to commit crimes; ``(K) handgun violence is a pervasive, national problem that is exacerbated by the availability of handguns through gun traffickers; ``(L) firearms from traffickers have been involved in subsequent crimes including drug offenses, crimes of violence, property crimes, and illegal possession by felons and other prohibited persons; ``(M) because gun trafficking is often an interstate activity, individual States and localities are often severely hampered in combating illegal handgun purchases--even States and localities that have made strong efforts to prevent, detect, and punish gun-related crime and illegal trafficking of firearms--as a result of the failure or inability of other States or localities to take strong measures; and ``(N) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to ensure, by enactment of this section, that criminals and other prohibited persons do not obtain firearms through gun traffickers. ``(2) It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer-- ``(A) during any 30-day period, to sell, deliver or transfer 2 or more handguns to any single person (other than a licensed importer, licensed manufacturer, or licensed dealer), or ``(B) to sell, deliver or transfer a handgun to any single person (other than a licensed importer, licensed manufacturer, or licensed dealer), knowing or having reasonable cause to believe that the transferee has already received one or more handguns within the previous 30 days. ``(3)(A) It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, or licensed dealer) to receive more than one handgun within any 30-day period. ``(B) Under such rules and regulations as the Secretary shall prescribe, subparagraph (A) shall not apply to the loan or rental of a single handgun solely for purposes of target shooting, provided that the recipient possesses no more than one such loaned or rented handgun at any one time. ``(4) Under such rules and regulations as the Secretary shall prescribe, paragraphs (2) and (3) shall not apply to-- ``(A) handguns transferred to or received by qualified private security companies licensed to do business within the State where the transfer occurs for use by the company in its security operations, provided that any handgun transferred under this subsection is transferred through a licensed dealer located in the State where the security company is licensed to do business; ``(B) the disposition made of a handgun delivered to a person licensed under section 923 for the sole purpose of repair or customizing when such handgun or a replacement handgun of the same kind and type is returned to the person from whom it was received; ``(C) the loan or rental of a single handgun from a person licensed under section 923, provided that the recipient possesses no more than one such loaned or rented handgun at any one time; ``(D) the redemption of pawned handguns from a person licensed under section 923 by the person from whom the handguns were received; ``(E) the receipt of curio or relic handguns by a licensed collector; ``(F) the receipt of a single handgun from a person licensed under section 923 to replace a lost or stolen handgun of the same kind or type, where the transferee has submitted to the licensee a copy of an official police report establishing the loss or theft of a handgun or handguns; ``(G) the transfer of handguns by bequest; ``(H) the transfer of handguns to the transferor's spouse, child, parent, stepparent, grandparent, grandchild, brother, or sister; or ``(I) the transfer of all or part of a personal firearms collection (as that term is defined in regulations to be prescribed by the Secretary) that includes handguns, provided that the handguns in the collection are transferred through a licensed importer, manufacturer, or dealer located in the State where the transferee resides.''. (b) Penalties.--Section 924(a)(2) of such title is amended by striking ``or (o)'' and inserting ``(o), or (z)''. (c) Increased Penalties for Licensees Who Knowingly Make False Statements in Required Records.-- (1) Section 924(a)(3) of such title is amended-- (A) by striking ``(A)''; (B) by striking ``or'' after ``chapter''; (C) by striking subsection (B); and (D) by striking ``one year'' and inserting ``5 years''. (2) Section 924(a) of such title is amended by adding at the end the following: ``(7) Any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly violates section 922(m) shall be fined under this title, imprisoned not more than 1 year, or both.''. (d) Conforming Changes to the Brady Law.--Section 922(t) of such title is amended-- (1) in paragraph (1)(B)(ii), by striking ``(g) or (n)'' and inserting ``(g), (n), or (z)''; (2) in paragraph (2), by striking ``(g) or (n)'' and inserting ``(g), (n), or (z)''; (3) in paragraph (3), by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; (4) in paragraph (4), by striking ``(g) or (n)'' and inserting ``(g), (n), or (z)''; and (5) by adding at the end the following: ``(10) A licensee must, within three days of receiving a request from the prospective transferee, notify the national instant criminal background check system of any background check conducted pursuant to this section within the previous 30 days that did not result in the transfer of a handgun. ``(11) Information that is retained pursuant to Public Law 103-159 may be used to effectuate section 922(z) of this title.''. (e) Effective Date.--The Secretary of the Treasury, in consultation with the Attorney General, shall determine, and publish in the Federal Register, the date on which this section shall become effective. (f) Deadlines for Destruction of Records Related to Certain Firearms Transfers.-- (1) Handgun transfers subject to the waiting period.-- Section 922(s)(6)(B)(i) of such title is amended by striking ``20 business days'' and inserting ``35 calendar days''. (2) Firearms transfers subject to instant check.--Section 922(t)(2)(C) of such title is amended by inserting ``within 35 calendar days after the date the system provides the licensee with the number,''.

Anti-Gunrunning Act of 2001 - Amends the Brady Handgun Violence Prevention Act to prohibit any licensed firearms importer, manufacturer, or dealer from selling, delivering, or transferring: (1) two or more handguns to any single person (other than a licensed importer, manufacturer, or dealer) during any 30-day period; or (2) a handgun knowing or having reasonable cause to believe that the transferee has already received one or more handguns within the previous 30 days. Prohibits an unlicensed individual from receiving more than one handgun within any 30-day period. Specifies exceptions.Provides for imprisonment for up to five years (currently, one year) of a licensed dealer, importer, manufacturer, or collector knowingly making any false statement in connection with required firearms records.Extends the deadline for the destruction of records relating to handgun transfers subject to the waiting period from 20 business days to 35 calendar days after the date the transferee made the statement on the basis of which notice of the transaction was provided to the chief law enforcement officer of the transferee's place of residence. Requires the national instant criminal background check system, if receipt of a firearm would not violate Federal or State law, to destroy records relating to the person or the transfer within 35 calendar days after the system provides the licensee with the identification number unique to the transfer.

To prevent handgun violence and illegal commerce in handguns.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Credit Availability Act''. SEC. 2. EXPANDING ACCESS TO CAPITAL FOR BUSINESS DEVELOPMENT COMPANIES. (a) In General.--Section 61(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-60(a)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by striking paragraph (1) and inserting the following: ``(1) Except as provided in paragraph (2), the asset coverage requirements of subparagraphs (A) and (B) of section 18(a)(1) (and any related rule promulgated under this Act) applicable to business development companies shall be 200 percent. ``(2) The asset coverage requirements of subparagraphs (A) and (B) of section 18(a)(1) and of subparagraphs (A) and (B) of section 18(a)(2) (and any related rule promulgated under this Act) applicable to a business development company shall be 150 percent if-- ``(A) within five business days of the approval of the adoption of the asset coverage requirements described in clause (ii), the business development company discloses such approval and the date of its effectiveness in a Form 8-K filed with the Commission and in a notice on its website and discloses in its periodic filings made under section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a))-- ``(i) the aggregate value of the senior securities issued by such company and the asset coverage percentage as of the date of such company's most recent financial statements; and ``(ii) that such company has adopted the asset coverage requirements of this paragraph and the effective date of such requirements; ``(B) with respect to a business development company that issues equity securities that are registered on a national securities exchange, the periodic filings of the company under section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)) include disclosures reasonably designed to ensure that shareholders are informed of-- ``(i) the amount of indebtedness and asset coverage ratio of the company, determined as of the date of the financial statements of the company dated on or most recently before the date of such filing; and ``(ii) the principal risk factors associated with such indebtedness, to the extent such risk is incurred by the company; and ``(C)(i) the application of this paragraph to the company is approved by the required majority (as defined in section 57(o)) of the directors of or general partners of such company who are not interested persons of the business development company, which application shall become effective on the date that is 1 year after the date of the approval, and, with respect to a business development company that issues equity securities that are not registered on a national securities exchange, the company extends, to each person who is a shareholder as of the date of the approval, an offer to repurchase the equity securities held by such person as of such approval date, with 25 percent of such securities to be repurchased in each of the four quarters following such approval date; or ``(ii) the company obtains, at a special or annual meeting of shareholders or partners at which a quorum is present, the approval of more than 50 percent of the votes cast of the application of this paragraph to the company, which application shall become effective on the date immediately after the date of the approval.''. (b) Conforming Amendments.-- (1) Investment company act of 1940.--The Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) is amended-- (A) in section 57-- (i) in subsection (j)(1), by striking ``section 61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''; and (ii) in subsection (n)(2), by striking ``section 61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''; and (B) in section 63(3), by striking ``section 61(a)(3)'' and inserting ``section 61(a)(4)''. (2) Investment advisers act of 1940.--Section 205(b)(3) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(b)(3)) is amended-- (A) by striking ``section 61(a)(3)(B)(iii)'' and inserting ``section 61(a)(4)(B)(iii)''; and (B) by striking ``section 61(a)(3)(B)'' and inserting ``section 61(a)(4)(B)''. SEC. 3. PARITY FOR BUSINESS DEVELOPMENT COMPANIES REGARDING OFFERING AND PROXY RULES. (a) Revision to Rules.--Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission shall revise any rules to the extent necessary to allow a business development company that has filed an election pursuant to section 54 of the Investment Company Act of 1940 (15 U.S.C. 80a-53) to use the securities offering and proxy rules that are available to other issuers that are required to file reports under section 13(a) or section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a); 78o(d)). Any action that the Commission takes pursuant to this subsection shall include the following: (1) The Commission shall revise rule 405 under the Securities Act of 1933 (17 C.F.R. 230.405)-- (A) to remove the exclusion of a business development company from the definition of a well-known seasoned issuer provided by that rule; and (B) to add registration statements filed on Form N- 2 to the definition of automatic shelf registration statement provided by that rule. (2) The Commission shall revise rules 168 and 169 under the Securities Act of 1933 (17 C.F.R. 230.168 and 230.169) to remove the exclusion of a business development company from an issuer that can use the exemptions provided by those rules. (3) The Commission shall revise rules 163 and 163A under the Securities Act of 1933 (17 C.F.R. 230.163 and 230.163A) to remove a business development company from the list of issuers that are ineligible to use the exemptions provided by those rules. (4) The Commission shall revise rule 134 under the Securities Act of 1933 (17 C.F.R. 230.134) to remove the exclusion of a business development company from that rule. (5) The Commission shall revise rules 138 and 139 under the Securities Act of 1933 (17 C.F.R. 230.138 and 230.139) to specifically include a business development company as an issuer to which those rules apply. (6) The Commission shall revise rule 164 under the Securities Act of 1933 (17 C.F.R. 230.164) to remove a business development company from the list of issuers that are excluded from that rule. (7) The Commission shall revise rule 433 under the Securities Act of 1933 (17 C.F.R. 230.433) to specifically include a business development company that is a well-known seasoned issuer as an issuer to which that rule applies. (8) The Commission shall revise rule 415 under the Securities Act of 1933 (17 C.F.R. 230.415)-- (A) to state that the registration for securities provided by that rule includes securities registered by a business development company on Form N-2; and (B) to provide an exception for a business development company from the requirement that a Form N- 2 registrant must furnish the undertakings required by item 34.4 of Form N-2. (9) The Commission shall revise rule 497 under the Securities Act of 1933 (17 C.F.R. 230.497) to include a process for a business development company to file a form of prospectus that is parallel to the process for filing a form of prospectus under rule 424(b). (10) The Commission shall revise rules 172 and 173 under the Securities Act of 1933 (17 C.F.R. 230.172 and 230.173) to remove the exclusion of an offering of a business development company from those rules. (11) The Commission shall revise rule 418 under the Securities Act of 1933 (17 C.F.R. 230.418) to provide that a business development company that would otherwise meet the eligibility requirements of General Instruction I.A of Form S-3 shall be exempt from paragraph (a)(3) of that rule. (12) The Commission shall revise rule 14a-101 under the Securities Exchange Act of 1934 (17 C.F.R. 240.14a-101) to provide that a business development company that would otherwise meet the requirements of General Instruction I.A of Form S-3 shall be deemed to meet the requirements of Form S-3 for purposes of Schedule 14A. (13) The Commission shall revise rule 103 under Regulation FD (17 C.F.R. 243.103) to provide that paragraph (a) of that rule applies for purposes of Form N-2. (b) Revision to Form N-2.--Not later than 1 year after the date of enactment of this Act, the Commission shall revise Form N-2-- (1) to include an item or instruction that is similar to item 12 on Form S-3 to provide that a business development company that would otherwise meet the requirements of Form S-3 shall incorporate by reference its reports and documents filed under the Securities Exchange Act of 1934 into its registration statement filed on Form N-2; and (2) to include an item or instruction that is similar to the instruction regarding automatic shelf offerings by well- known seasoned issuers on Form S-3 to provide that a business development company that is a well-known seasoned issuer may file automatic shelf offerings on Form N-2. (c) Treatment if Revisions Not Completed in Timely Manner.--If the Commission fails to complete the revisions required by subsections (a) and (b) by the time required by such subsections, a business development company shall be entitled to treat such revisions as having been completed in accordance with the actions required to be taken by the Commission by such subsections until such time as such revisions are completed by the Commission. (d) Rule of Construction.--Any reference in this section to a rule or form means such rule or form or any successor rule or form.

Small Business Credit Availability Act This bill amends the Investment Company Act of 1940 to reduce the required asset-coverage ratio applicable to a Business Development Company (BDC) from 200% to 150% if: (1) the BDC makes specified disclosures on its website and to the Securities and Exchange Commission (SEC); and (2) the modified asset-coverage ratio is approved by the required majority of the BDC's directors, general partners, or shareholders (as applicable). The SEC must allow BDCs to use securities offering and proxy rules that are available to other issuers.

Small Business Credit Availability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Tax Competitiveness Act of 2010''. SEC. 2. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. (a) In General.--Section 7701 of the Internal Revenue Code of 1986 (relating to definitions) is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Certain Corporations Managed and Controlled in the United States Treated as Domestic for Income Tax.-- ``(1) In general.--Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if-- ``(A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but ``(B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. ``(2) Corporation described.-- ``(A) In general.--A corporation is described in this paragraph if-- ``(i) the stock of such corporation is regularly traded on an established securities market, or ``(ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. ``(B) General exception.--A corporation shall not be treated as described in this paragraph if-- ``(i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, ``(ii) such corporation-- ``(I) is not regularly traded on an established securities market, and ``(II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and ``(iii) the Secretary grants a waiver to such corporation under this subparagraph. ``(C) Exception from gross assets test.-- Subparagraph (A)(ii) shall not apply to a corporation which is a controlled foreign corporation (as defined in section 957) and which is a member of an affiliated group (as defined section 1504, but determined without regard to section 1504(b)(3)) the common parent of which-- ``(i) is a domestic corporation (determined without regard to this subsection), and ``(ii) has substantial assets (other than cash and cash equivalents and other than stock of foreign subsidiaries) held for use in the active conduct of a trade or business in the United States. ``(3) Management and control.-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. ``(B) Executive officers and senior management.-- Such regulations shall provide that-- ``(i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and ``(ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). ``(C) Corporations primarily holding investment assets.--Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if-- ``(i) the assets of such corporation (directly or indirectly) consist primarily of as sets being managed on behalf of investors, and ``(ii) decisions about how to invest the assets are made in the United States.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act. SEC. 3. CURRENT TAXATION OF ROYALTIES AND OTHER INCOME FROM INTANGIBLES RECEIVED FROM A CONTROLLED FOREIGN CORPORATION. (a) Repeal of Look-Thru Rule for Royalties Received From Controlled Foreign Corporations.--Paragraph (6) of section 954(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``rents, and royalties'' in subparagraph (A) and inserting ``and rents'', and (2) by striking ``, rent, or royalty'' both places it appears in subparagraph (B) and inserting ``or rent''. (b) Entities Not Permitted To Be Disregarded in Determining Royalties.--Subsection (c) of section 954 of such Code is amended by adding at the end the following new paragraph: ``(7) All royalties taken into account.--For purposes of determining the foreign personal holding company income which consists of royalties, this subsection shall be applied without regard to any election to disregard any entity which would be taken into account for Federal income tax purposes but for such election.''. (c) Certain Other Income Derived From United States Intangibles Taken Into Account as Subpart F Income.--Subsection (d) of section 954 of such Code is amended by adding at the end the following new paragraph: ``(5) Special rule for certain products produced pursuant to intangibles made available by united states persons.--For purposes of this subsection, personal property shall be treated as having been purchased from a related person if any intangible property (within the meaning of section 936(h)(3)(B)) made available to a controlled foreign corporation, directly or indirectly, by a related person which is a United States person contributes, directly or indirectly, to the production of such personal property by the controlled foreign corporation. The preceding sentence shall not apply to any personal property produced directly by the controlled foreign corporation, without regard to any election to disregard any entity which would be taken into account for Federal income tax purposes but for such election.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2010, and to taxable years of United States shareholders within which or with which such tax years of such foreign corporations end. SEC. 4. REPEAL OF SPECIAL RULES FOR INTEREST AND DIVIDENDS RECEIVED FROM PERSONS MEETING THE 80-PERCENT FOREIGN BUSINESS REQUIREMENTS. (a) Repeal of Special Rules for Interest as United States Source.-- Paragraph (1) of section 861(a) of the Internal Revenue Code of 1986 is amended by striking subparagraph (A) and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. (b) Repeal of Exception To Tax on Dividends Received by Nonresident Aliens and Foreign Corporations.--Paragraph (2) of section 871(i) of such Code is amended by striking subparagraph (B) and by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (c) Conforming Amendments.-- (1) Section 861 of such Code is amended by striking subsection (c) and by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively. (2) Paragraph (9) of section 904(h) of such Code is amended to read as follows: ``(9) Treatment of certain domestic corporations.--In the case of any dividend treated as not from sources with the United States under section 861(a)(2)(A), the corporation paying such dividend shall be treated for purposes of this subsection as a United States-owned foreign corporation.''. (3) Subsection (c) of section 2104 of such Code is amended in the last sentence by striking ``or to a debt obligation of a domestic corporation'' and all that follows and inserting a period. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 5. TAXATION OF BOOT RECEIVED IN CERTAIN REORGANIZATIONS INVOLVING FOREIGN CORPORATIONS. (a) In General.--Paragraph (2) of section 356(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Treatment as dividend.-- ``(A) In general.--The sum of such money and the fair market value of such other property received by the taxpayer in the exchange shall be treated as a dividend to the extent it would be so treated if such money and other property had been distributed to the taxpayer by the corporation immediately after the exchange in redemption of stock having a fair market value equal to the amount of such sum. ``(B) Coordination with paragraph (1).--Gain shall be recognized under paragraph (1) only to the extent the amount which would be recognized under such paragraph without regard to this paragraph exceeds the amount treated as a dividend under subparagraph (A). ``(C) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this paragraph, including regulations to address interactions between this subchapter and subchapter N.''. (b) Effective Date.--The amendment made by this section shall apply to exchanges after December 31, 2010.

International Tax Competitiveness Act of 2010 - Amends the Internal Revenue Code to: (1) treat foreign corporations that are managed, directly or indirectly, within the United States as domestic corporations for U.S. tax purposes; (2) make certain royalty income and income from intangibles received from a controlled foreign corporation subject to U.S. taxation; (3) repeal tax rules exempting foreign source income attributable to the active conduct of a foreign trade or business from withholding of tax requirements; and (4) revise the tax treatment of property other than stock (i.e., boot) received in connection with a corporate reorganization to provide that such property shall be treated as a taxable dividend.

To amend the Internal Revenue Code of 1986 to reduce international tax avoidance and restore a level playing field for American businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Muscogee-Creek Indian Tribe of Georgia Recognition Act''. SEC. 2. FINDINGS. The Congress declares and finds the following: (1) The Lower Muscogee-Creek Indian Tribe of Georgia are descendants of and political successors to those Indians known as the original Creek Indian Nation at the time of initial European contact with America. (2) The Lower Muscogee-Creek Indian Tribe of Georgia are descendants and political successors to the signatories of the 1832 Treaty of Washington which was a treaty made while the Creeks were one nation, before removal. The Treaty involved all Creeks, including the Upper, Middle, and Lower Creeks, when the Creek Nation was whole and intact. (3) The Lower Muscogee-Creek Indian Tribe of Georgia consists of over 2,500 eligible members, most of whom continue to reside close to their ancestral homeland within the State of Georgia. Pursuant to Article XII of the 1832 Treaty of Washington, the Lower Muscogee-Creek Indian Tribe of Georgia declined to be removed and continued to operate as a sovereign Indian tribe comprising those Lower Creeks declining removal under the Treaty of 1832. (4) The Lower Muscogee-Creek Indian Tribe of Georgia continues its political and social existence with a viable tribal government carrying out many of its governmental functions through its traditional form of collective decisionmaking and social interaction. (5) In 1972, when the Lower Muscogee-Creek Indian Tribe of Georgia (also known as the Muscogee-Creek Indian Tribe East of the Mississippi River) petitioned the Bureau of Indian Affairs for Federal recognition, the tribal leaders were not well educated and the Tribe could not afford competent counsel adequately versed in Federal Indian law. The Tribe was unable to obtain technical assistance in its petition which consequently lacked critical and pertinent historical information necessary for recognition. Thus, due to technical omissions, the petition was denied on December 21, 1981. (6) Despite the denial of the petition, the United States Government, the government of the State of Georgia, and local governments, have recognized the political leaders of the Lower Muscogee-Creek Indian Tribe of Georgia as leaders of a distinct political governmental entity. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``Tribe'' means the Lower Muscogee-Creek Indian Tribe of Georgia; (2) the term ``Secretary'' means the Secretary of the Interior; and (3) The term ``member'' means an enrolled member of the Tribe, as of the date of enactment of this Act, or an individual who has been placed on the membership rolls of the Tribe in accordance with this Act. SEC. 4. FEDERAL RECOGNITION. (a) In General.--Federal recognition is hereby extended to the Tribe. All laws and regulations of general application to Indians or nations, tribes, or bands of Indians that are not inconsistent with any specific provision of this Act shall be applicable to the Tribe and its members. (b) Federal Benefits and Services.--The Tribe and its members shall be eligible, on or after the date of enactment of this Act, for all Federal benefits and services furnished to federally recognized Indian tribes and their members because of their status as Indians without regard to the existence of a reservation for the Tribe or the residence of any member on or near an Indian reservation. (c) Service Area.-- (d) Indian Reorganization Act Applicability.--The Act of June 18, 1934 (25 U.S.C. 461 et seq.) shall be applicable to the Tribe and its members. SEC. 5. RESERVATION. (a) Lands Taken Into Trust.--Notwithstanding any other provision of law, if, not later than 2 years after the date of enactment of this Act, the Tribe transfers interest in land within the boundaries of Grady County, Carroll County, and such other counties in the State of Georgia to the Secretary, the Secretary shall take such interests in land into trust for the benefit of the Tribe. (b) Reservation Established.--Land taken into trust pursuant to subsection (a) shall be the initial reservation land of the Tribe. SEC. 6. BASE MEMBERSHIP ROLL. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Tribe shall submit to the Secretary a membership roll consisting of all individuals who are members of the Tribe. The qualifications for inclusion in the membership roll of the Tribe shall be developed and based upon the membership provisions as contained in the Tribe's Constitution and Bill of Rights. Upon completion of the membership roll, the Secretary shall publish notice of such in the Federal Register. The Tribe shall ensure that such roll is maintained and kept current. (b) Future Membership.--The Tribe shall have the right to determine future membership in the Tribe; however, in no event may an individual be enrolled as a member of the Tribe unless the individual is a lineal descendant of a person on the base membership roll, and has continued to maintain political relations with the Tribe. SEC. 7. JURISDICTION. The reservation established pursuant to this Act shall be Indian country under Federal and tribal jurisdiction.

Makes the Tribe eligible for all Federal benefits and services furnished to federally recognized Indian tribes without regard to the existence of a reservation. Makes the provisions of the Indian Reorganization Act applicable to the Tribe and its members. Directs the Secretary, if the Tribe transfers interests in land within the boundaries of Grady County, Carroll County, and such other counties in Georgia to the Secretary, to take such interests in land into trust for the benefit of the Tribe. Makes such land the Tribe's initial reservation land. Requires the Tribe to submit a membership roll.

Lower Muscogee-Creek Indian Tribe of Georgia Recognition Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hepatitis C Epidemic Control and Prevention Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Approximately 5,000,000 Americans are infected with the hepatitis C virus (referred to in this section as ``HCV''), and more than 3,000,000 Americans are chronically infected, leading the Centers for Disease Control and Prevention (referred to in this section as the ``CDC'') to recognize HCV as the Nation's most common chronic blood-borne virus infection. (2) According to the CDC, nearly 2 percent of the population of the United States have been infected with HCV. (3) The CDC conservatively estimates that approximately 30,000 Americans are newly infected with HCV each year, and that number has been growing since 2001. (4) HCV infection, in the United States, is the most common cause of chronic liver disease, liver cirrhosis, and liver cancer, the most common indication for liver transplant, and the leading cause of death in people with HIV/AIDS. In addition, there may be links between HCV and certain other diseases, given that a high number of people infected with HCV also suffer from type 2 diabetes, lymphoma, thyroid and certain blood disorders, and autoimmune disease. Moreover, methamphetamine abuse--which is a matter of increasing concern to Congress and public health officials across the country--is recognized by the National Institute on Drug Abuse to be inextricably linked to HCV. (5) The majority of individuals infected with HCV are unaware of their infection. Individuals infected with HCV serve as a source of transmission to others and, since few individuals are aware they are infected, they are unlikely to take precautions to prevent the spread or exacerbation of their infection. (6) There is no vaccine available to prevent HCV infection. (7) Treatments are available that can eradicate the disease in approximately 50 percent of those who are treated, and behavioral changes can slow the progression of the disease. (8) Conservative estimates place the costs of direct medical expenses for HCV at more than $1,000,000,000 in the United States annually, and such costs will undoubtedly increase in the absence of expanded prevention and treatment efforts. (9) To combat the HCV epidemic in the United States, the CDC developed Recommendations for Prevention and Control of Hepatitis C Virus (HCV) Infection and HCV-Related Chronic Disease in 1998 and the National Hepatitis C Prevention Strategy in 2001, and the National Institutes of Health convened Consensus Development Conferences on the Management of Hepatitis C in 1997 and 2002. These recommendations and guidelines provide a framework for HCV prevention, control, research, and medical management referral programs. (10) The Department of Veterans Affairs (referred to in this paragraph as the ``VA''), which cares for more people infected with HCV than any other health care system, is the Nation's leader in HCV screening, testing, and treatment. Since 1998, it has been the VA's policy to screen for HCV risk factors all veterans receiving VA health care, and the VA currently recommends testing for all those who are found to be ``at risk'' for the virus and for all others who wish to be tested. In fiscal year 2004, over 98 percent of VA patients had been screened for HCV risk factors, and over 90 percent of those ``at risk'' were tested. For all veterans who test positive for HCV and enroll in VA medical care, the VA offers medications that can help HCV or its complications. The VA also has programs for HCV patient and provider education, clinical care, data-based quality improvement, and research, and it has 4 Hepatitis C Resource Centers to develop and disseminate innovative practices and tools to improve patient care. This comprehensive program should be commended and could potentially serve as a model for future HCV programs. (11) Federal support is necessary to increase knowledge and awareness of HCV and to assist State and local prevention and control efforts. SEC. 3. PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART S--PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C ``SEC. 399II. FEDERAL PLAN FOR THE PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C. ``(a) In General.--The Secretary shall develop and implement a plan for the prevention, control, and medical management of the hepatitis C virus (referred to in this part as `HCV') that includes strategies for education and training, surveillance and early detection, and research. ``(b) Input in Development of Plan.--In developing the plan under subsection (a), the Secretary shall-- ``(1) be guided by existing recommendations of the Centers for Disease Control and Prevention (referred to in this part as the `CDC') and the National Institutes of Health, and the comprehensive HCV programs that have been implemented by the Department of Veterans Affairs, including the Hepatitis C Resource Center program; and ``(2) consult with-- ``(A) the Director of the CDC; ``(B) the Director of the National Institutes of Health; ``(C) the Administrator of the Health Resources and Services Administration; ``(D) the heads of other Federal agencies or offices providing services to individuals with HCV infections or the functions of which otherwise involve HCV; ``(E) medical advisory bodies that address issues related to HCV; and ``(F) the public, including-- ``(i) individuals infected with the HCV; and ``(ii) advocates concerned with issues related to HCV. ``(c) Biennial Assessment of Plan.-- ``(1) In general.--The Secretary shall conduct a biennial assessment of the plan developed under subsection (a) for the purpose of incorporating into such plan new knowledge or observations relating to HCV and chronic HCV (such as knowledge and observations that may be derived from clinical, laboratory, and epidemiological research and disease detection, prevention, and surveillance outcomes) and addressing gaps in the coverage or effectiveness of the plan. ``(2) Publication of notice of assessments.--Not later than October 1 of the first even numbered year beginning after the date of the enactment of the Hepatitis C Epidemic Control and Prevention Act, and October 1 of each even numbered year thereafter, the Secretary shall publish in the Federal Register a notice of the results of the assessments conducted under paragraph (1). Such notice shall include-- ``(A) a description of any revisions to the plan developed under subsection (a) as a result of the assessment; ``(B) an explanation of the basis for any such revisions, including the ways in which such revisions can reasonably be expected to further promote the original goals and objectives of the plan; and ``(C) in the case of a determination by the Secretary that the plan does not need revision, an explanation of the basis for such determination. ``SEC. 399JJ. ELEMENTS OF THE FEDERAL PLAN FOR THE PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C. ``(a) Education and Training.--The Secretary, acting through the Director of the CDC, shall implement programs to increase awareness and enhance knowledge and understanding of HCV. Such programs shall include-- ``(1) the conduct of health education, public awareness campaigns, and community outreach activities to promote public awareness and knowledge about risk factors, the transmission and prevention of infection with HCV, the value of screening for the early detection of HCV infection, and options available for the treatment of chronic HCV; ``(2) the training of health care professionals regarding the prevention, detection, and medical management of the hepatitis B virus (referred to in this part as `HBV') and HCV, and the importance of vaccinating HCV-infected individuals and those at risk for HCV infection against the hepatitis A virus and HBV; and ``(3) the development and distribution of curricula (including information relating to the special needs of individuals infected with HBV or HCV, such as the importance of early intervention and treatment and the recognition of psychosocial needs) for individuals providing hepatitis counseling, as well as support for the implementation of such curricula by State and local public health agencies. ``(b) Early Detection and Surveillance.-- ``(1) In general.--The Secretary, acting through the Director of the CDC, shall support activities described in paragraph (2) to promote the early detection of HCV infection, identify risk factors for infection, and conduct surveillance of HCV infection trends. ``(2) Activities.-- ``(A) Voluntary testing programs.-- ``(i) In general.--The Secretary shall support and promote the development of State, local, and tribal voluntary HCV testing programs to aid in the early identification of infected individuals. ``(ii) Confidentiality of test results.-- The results of a HCV test conducted by a testing program developed or supported under this subparagraph shall be considered protected health information (in a manner consistent with regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996) and may not be used for any of the following: ``(I) Issues relating to health insurance. ``(II) To screen or determine suitability for employment. ``(III) To discharge a person from employment. ``(B) Counseling regarding viral hepatitis.--The Secretary shall support State, local, and tribal programs in a wide variety of settings, including those providing primary and specialty health care services in nonprofit private and public sectors, to-- ``(i) provide individuals with information about ongoing risk factors for HCV infection with client-centered education and counseling that concentrates on changing behaviors that place them at risk for infection; and ``(ii) provide individuals infected with HCV with education and counseling to reduce the risk of harm to themselves and transmission of the virus to others. ``(C) Vaccination against viral hepatitis.--With respect to individuals infected, or at risk for infection, with HCV, the Secretary shall provide for-- ``(i) the vaccination of such individuals against hepatitis A virus, HBV, and other infectious diseases, as appropriate, for which such individuals may be at increased risk; and ``(ii) the counseling of such individuals regarding hepatitis A, HBV, and other viral hepatides. ``(D) Medical referral.--The Secretary shall support-- ``(i) referral of persons infected with or at risk for HCV, for drug or alcohol abuse treatment where appropriate; and ``(ii) referral of persons infected with HCV-- ``(I) for medical evaluation to determine their stage of chronic HCV and suitability for antiviral treatment; and ``(II) for ongoing medical management of HCV. ``(3) Hepatitis c coordinators.--The Secretary, acting through the Director of the CDC, shall, upon request, provide a Hepatitis C Coordinator to a State health department in order to enhance the management, networking, and technical expertise needed to ensure successful integration of HCV prevention and control activities into existing public health programs. ``(c) Surveillance and Epidemiology.-- ``(1) In general.--The Secretary shall promote and support the establishment and maintenance of State HCV surveillance databases, in order to-- ``(A) identify risk factors for HCV infection; ``(B) identify trends in the incidence of acute and chronic HCV; ``(C) identify trends in the prevalence of HCV infection among groups that may be disproportionately affected by HCV, including individuals living with HIV, military veterans, emergency first responders, racial or ethnic minorities, and individuals who engage in high risk behaviors, such as intravenous drug use; and ``(D) assess and improve HCV infection prevention programs. ``(2) Confidentiality.--Information contained in the databases under paragraph (1) shall be de-identified in a manner consistent with regulations under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(d) Research Network.--The Secretary, acting through the Director of the CDC and the Director of the National Institutes of Health, shall-- ``(1) conduct epidemiologic research to identify best practices for HCV prevention; ``(2) establish and support a Hepatitis C Clinical Research Network for the purpose of conducting research related to the treatment and medical management of HCV; and ``(3) conduct basic research to identify new approaches to prevention (such as vaccines) and treatment for HCV. ``(e) Referral for Medical Management of Chronic HCV.--The Secretary shall support and promote State, local, and tribal programs to provide HCV-positive individuals with referral for medical evaluation and management, including currently recommended antiviral therapy when appropriate. ``(f) Underserved and Disproportionately Affected Populations.--In carrying out this section, the Secretary shall provide expanded support for individuals with limited access to health education, testing, and health care services and groups that may be disproportionately affected by HCV. ``(g) Evaluation of Program.--The Secretary shall develop benchmarks for evaluating the effectiveness of the programs and activities conducted under this section and make determinations as to whether such benchmarks have been achieved. ``SEC. 399KK. GRANTS. ``(a) In General.--The Secretary may award grants to, or enter into contracts or cooperative agreements with, States, political subdivisions of States, Indian tribes, or nonprofit entities that have special expertise relating to HCV, to carry out activities under this part. ``(b) Application.--To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``SEC. 399LL. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $90,000,000 for fiscal year 2008, and $72,000,000 for each of fiscal years 2009 through 2012.''.

Hepatitis C Epidemic Control and Prevention Act of 2007 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to develop and implement a plan for the prevention, control, and management of hepatitis C virus (HCV). Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) implement programs to increase awareness of HCV; and (2) support activities to promote the early detection of HCV infection, identify risk factors for infection, and conduct surveillance of HCV infection trends. Directs the Secretary, acting through the Director of CDC and the Director of the National Institutes of Health (NIH), to: (1) conduct epidemiologic research to identify best practices for HCV prevention; (2) establish a Hepatitis C Clinic Research Network to conduct research related to the treatment and medical management of HCV; and (3) conduct basic research to identify new approaches to prevent and treat HCV. Requires the Secretary to: (1) promote state, local, and tribal programs to provide referrals for medical evaluation and management to HCV-positive individuals; and (2) develop benchmarks for evaluating the programs and activities conducted under this Act. Authorizes the Secretary to award grants to states, political subdivisions of states, Indian tribes, or nonprofit entities to carry out activities under this Act.

To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish, promote, and support a comprehensive prevention, research, and medical management referral program for hepatitis C virus infection.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consortia-Led Energy and Advanced Manufacturing Networks Act''. SEC. 2. DEFINITIONS. In this Act: (1) Clean technology.--The term ``clean technology'' means a technology, production process, or methodology that-- (A) produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or another renewable energy source (as defined in section 609 of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c)); (B) more efficiently transmits, distributes, or stores energy; (C) enhances energy efficiency for buildings and industry, including combined heat and power; (D) enables the development of a Smart Grid (as described in section 1301 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381)), including integration of renewable energy sources and distributed generation, demand response, demand side management, and systems analysis; (E) produces an advanced or sustainable material with energy or energy efficiency applications; (F) improves energy efficiency for transportation, including electric vehicles; or (G) enhances water security through improved water management, conservation, distribution, or end use applications. (2) Advanced manufacturing.--The term ``advanced manufacturing''-- (A) means a manufacturing process that makes extensive use of computer, high precision, or information technologies integrated with a high performance workforce in a production system capable of furnishing a heterogeneous mix of products in small or large volumes with either the efficiency of mass production or the flexibility of custom manufacturing in order to respond quickly to customer demands; and (B) includes both new ways to manufacture existing products and the manufacture of new products emerging from new advanced technologies. (3) Cluster.--The term ``cluster'' means a network of entities directly involved in the research, development, finance, and commercial application of clean technologies and advanced manufacturing whose geographic proximity facilitates the use and sharing of skilled human resources, infrastructure, research facilities, educational and training institutions, venture capital, and input suppliers. (4) Consortium.--The term ``consortium'' means a clean technology consortium established in accordance with this Act. (5) Project.--The term ``project'' means an activity with respect to which a consortium provides support under this Act. (6) Qualifying entity.--The term ``qualifying entity'' means-- (A) an institution of higher education that has entered into a partnership agreement with a private- sector entity; (B) a Federal or State entity with a focus on developing clean technologies or clusters, as determined by the Secretary; (C) a nongovernmental organization with expertise in translational research, clean technology, or cluster development; or (D) any other entity determined appropriate by the Secretary. (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (8) Translational research.--The term ``translational research'' means the coordination of basic or applied research with technical applications to enable promising discoveries or inventions to achieve commercial application. SEC. 3. ESTABLISHMENT OF CLEAN TECHNOLOGY CONSORTIA PROGRAM. (a) In General.--The Secretary shall establish and carry out a program to establish clean technology consortia to enhance the economic, environmental, and energy security of the United States by promoting domestic development, manufacture, and deployment of clean, state-of-the-art technologies. (b) Program.--The Secretary shall carry out the program established under subsection (a) by leveraging the expertise and resources of private research communities, institutions of higher education, industry, venture capital, National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)), and other participants in technology innovation-- (1) to support collaborative, cross-disciplinary research and development in clean technologies and advanced manufacturing; and (2) to develop and accelerate the commercial application of innovative clean technologies and advanced manufacturing practices. (c) Role of the Secretary.--The Secretary shall-- (1) carry out and oversee all aspects of the program established under subsection (a); (2) select recipients of grants for the establishment and operation of consortia through a competitive selection process; and (3) coordinate the innovation activities of consortia with activities carried out by the Secretary of Energy, the Secretary of Defense, other Federal agency heads, industry, and institutions of higher education, including by annually-- (A) issuing guidance regarding national clean technology and advanced manufacturing development priorities and strategic objectives; and (B) convening a conference relating to clean technology and advanced manufacturing, which shall bring together representatives of Federal agencies, industry, institutions of higher education, and other entities to share research and commercialization results, program plans, and opportunities for collaboration. (d) Purposes of Consortia.--The purposes of the consortia shall include-- (1) promoting new innovative clean technologies that have demonstrated interest and potential for commercialization; (2) expanding advanced manufacturing capabilities, networks, supply chains, and assets, in the area of clean technologies, that contribute to regional and national manufacturing competitiveness and potential for growth; (3) promoting job creation and entrepreneurship through the establishment of new companies, the expansion of existing companies, and commercialization of clean technologies; (4) providing technical or financial assistance to companies looking to invest in clean technologies, new products or services, or enhanced processes that will grow sales and jobs; (5) determining opportunities and challenges that companies are facing and how to improve their use or production of clean technologies; (6) assisting individual small- and medium-sized enterprises with adopting and utilizing new clean technologies and related business and advanced manufacturing practices; (7) accelerating investment in and deployment of clean technologies through public-private partnerships; (8) encouraging partnering between and among emerging and established clean technology and advanced manufacturing enterprises; or (9) demonstrating a comprehensive and successful model for commercialization of clean technologies for promotion and emulation. SEC. 4. APPLICATIONS. (a) In General.--To receive a grant under this Act, a consortium shall submit to the Secretary an application in such manner, at such time, and containing such information as the Secretary determines to be necessary. (b) Eligibility.--A consortium shall be eligible to receive a grant under this Act if-- (1) the consortium consists of-- (A) one or more research universities that can demonstrate a significant annual clean technology research budget, entrepreneurial support programs, and technology licensing expertise; and (B) a total of three or more qualifying entities that can demonstrate expertise in translational research, clean technology, and cluster development; (2) the members of the consortium have established a binding agreement that documents-- (A) the structure of the partnership agreement; (B) a governance and management structure that enables cost-effective implementation of the program; (C) a conflicts-of-interest policy, including procedures, consistent with those of the Department of Commerce, to ensure that employees and designees for consortium activities who are in decisionmaking capacities disclose all material conflicts of interest, including financial, organizational, and personal conflicts of interest; (D) an accounting structure that meets the requirements of the Secretary and that may be audited under this Act; and (E) the existence of an external advisory committee; (3) the consortium receives funding from non-Federal sources, such as a State and participants of the consortium, that may be used to support projects; (4) the consortium is part of an existing cluster or demonstrates high potential to develop a new cluster; and (5) the consortium operates as a nonprofit organization or as a public-private partnership under an operating agreement led by a nonprofit organization. (c) Disqualification.--The Secretary may disqualify an application from a consortium under this Act if the Secretary determines that the conflicts-of-interest policy of the consortium is inadequate. (d) External Advisory Committees.-- (1) In general.--To be eligible to receive a grant under this Act, a consortium shall establish an external advisory committee, the members of which shall have extensive and relevant scientific, technical, industry, financial, or research management expertise. (2) Duties.--An external advisory committee shall-- (A) review the proposed plans, programs, project selection criteria, and projects of the consortium; and (B) ensure that projects selected by the consortium meet the applicable conflicts-of-interest policy of the consortium. (3) Members.--An external advisory committee shall consist of-- (A) representatives of the members of the consortium; and (B) such representatives of industry, including entrepreneurs and venture capitalists, as the members of the consortium determine to be necessary. (4) Secretary as member.--The Secretary shall join the external advisory committee of a consortium that receives a grant under this Act. SEC. 5. GRANTS. (a) In General.--The Secretary shall award grants, on a competitive basis-- (1) not later than 2 years after the date of enactment of this Act, to at least 1 consortium; and (2) not later than 10 years after such date of enactment, to not fewer than 6 consortia. (b) Terms.-- (1) In general.--The initial term of a grant awarded under this Act shall not exceed 5 years. (2) Extension.--The Secretary may extend the term of a grant awarded under this Act for a period of not more than 5 additional years. (c) Amounts.-- (1) In general.--A grant awarded to a consortium under this Act shall not exceed the lesser of-- (A) $30,000,000 per fiscal year; or (B) the collective contributions of non-Federal entities to the consortium, as described under section 4(b)(3). (2) Flexibility.--In determining the amount of a grant under this section, the Secretary shall consider-- (A) the translational research capacity of the consortium; (B) the financial, human, and facility resources of the qualifying entities; and (C) the cluster of which the consortium is a part. (3) Increases in amounts.--Subject to paragraph (1), a consortium may request an increase in the amount of a grant awarded under this Act at the time the consortium requests an extension of an initial grant. (d) Use of Amounts.-- (1) In general.--Subject to paragraph (3), a consortium awarded a grant under this Act shall use the amounts to support translational research, technology development, manufacturing innovation, and commercialization activities relating to clean technology. (2) Project selection.--As a condition of receiving a grant under this Act, a consortium shall-- (A) develop and make available to the public on the Web site of the Department of Commerce proposed plans, programs, project selection criteria, and terms for individual project awards; (B) establish policies-- (i) to prevent resources provided to the consortium from being used to displace private sector investment otherwise likely to occur, including investment from private sector entities that are members of the consortium; (ii) to facilitate the participation of private entities that invest in clean technologies to perform due diligence on award proposals, to participate in the award review process, and to provide guidance to projects supported by the consortium; and (iii) to facilitate the participation of parties with a demonstrated history of commercial application of clean technologies in the development of consortium projects; (C) oversee project solicitations, review proposed projects, and select projects for awards; and (D) monitor project implementation. (3) Limitations.-- (A) Administrative expenses.--A consortium may use not more than 10 percent of the amounts awarded to the consortium for administrative expenses. (B) Prohibition on use.--A consortium may not use any amounts awarded to the consortium under this Act to construct a new building or facility. (e) Audits.-- (1) In general.--A consortium that receives a grant under this Act shall carry out, in accordance with such requirements as the Secretary may prescribe, an annual audit to determine whether the grant has been used in accordance with this Act. (2) Report.--The consortium shall submit a copy of each audit under paragraph (1) to the Secretary and the Comptroller General of the United States. (3) GAO review.--As a condition of receiving a grant under this Act, a consortium shall allow the Comptroller General of the United States, on the request of the Comptroller General, full access to the books, records, and personnel of consortium. (4) Reports to congress.--The Secretary shall submit to Congress annually a report that includes-- (A) a copy of each audit carried out under paragraph (1); and (B) any recommendations of the Secretary relating to the clean technology consortia program. (f) Revocation of Awards.--The Secretary shall have the authority-- (1) to review grants awarded under this Act; and (2) to revoke a grant awarded under this Act if the Secretary determines that a consortium has used the grant in a manner that is not consistent with this Act. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $100,000,000.

Consortia-Led Energy and Advanced Manufacturing Networks Act This bill requires the Department of Commerce to carry out a grant program for establishing consortia to enhance U.S. economic, environmental, and energy security by promoting domestic research and commercial application of clean technologies and advanced manufacturing processes. Clean technology means technologies, production processes, or methodologies that: produce energy from renewable energy sources; transmit, distribute, or store energy more efficiently; enhance energy efficiency for buildings and industry; enable the development of a Smart Grid (an evolving electric power network that utilizes new information technology systems, including those that enable customers to reduce or shift their power use during peak demand periods); produce an advanced or sustainable material with energy or energy efficiency applications; improve energy efficiency for transportation; or enhance water security through improved water management, conservation, distribution, or end use applications.

Consortia-Led Energy and Advanced Manufacturing Networks Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Accountability and Intergovernmental Reform Act'' (``FAIR Act''). SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds and declares the following: (1) Federal legislation and regulatory requirements impose burdens on State and local resources to implement federally mandated programs without fully evaluating the costs to State and local governments associated with compliance with those requirements and oftentimes without provision of adequate Federal financial assistance. Such Federal legislative and regulatory initiatives-- (A) force State and local governments to utilize scarce public resources to comply with Federal mandates; (B) prevent these resources from being available to meet local needs; and (C) detract from the ability of State and local governments to establish local priorities for use of local public resources. (2) Federal legislation and regulatory programs can result in inefficient utilization of economic resources, thereby reducing the pool of resources available-- (A) to enhance productivity, and increase the quantity and quality of goods and services produced by the American economy; and (B) to enhance international competitiveness. (3) In implementing Congressional policy, Federal agencies should, consistent with the requirements of Federal law, seek to implement statutory requirements, to the maximum extent feasible, in a manner that minimizes-- (A) the inefficient allocation of economic resources; (B) the burden that such requirements impose on use of local public resources by State and local governments; and (C) the adverse economic effects of such regulations on productivity, economic growth, full employment, creation of productive jobs, and international competitiveness of American goods and services. (b) Purposes.--The purposes of this Act are to-- (1) assist Congress in consideration of proposed legislation establishing or revising Federal programs so as to assure that, to the maximum extent practicable, legislation enacted by Congress will-- (A) minimize the burden of such legislation on expenditure of scarce local public resources by State and local governments; (B) minimize inefficient allocation of economic resources; and (C) reduce the adverse effect of such legislation-- (i) on the ability of State and local governmental entities to use local public resources to meet local needs and to establish local priorities for local public resources; and (ii) on allocation of economic resources, productivity, economic growth, full employment, creation of productive jobs, and international competitiveness; and (2) require Federal agencies to exercise discretionary authority and to implement statutory requirements in a manner that, consistent with fulfillment of each agency's mission and with the requirements of other laws, minimizes the impact regulations affecting the economy have on-- (A) the ability of State and local governmental entities to use local public resources to meet local needs; and (B) the allocation of economic resources, productivity, economic growth, full employment, creation of productive jobs, and international competitiveness of American goods and services. TITLE I--LEGISLATIVE REFORM SEC. 101. REPORTS ON LEGISLATION. (a) Report Required.-- (1) In general.--Except as provided in paragraph (2), when a committee of the Senate or House of Representatives reports a bill or resolution of a public character (not including a resolution of ratification of a treaty) to its House that mandates unfunded requirements upon State or local governments or the private sector, the report accompanying the bill or resolution shall contain an analysis, prepared after consultation with the Director of the Congressional Budget Office, detailing the effect of the new requirements on-- (A) State and local government expenditures necessary to comply with Federal mandates; (B) private businesses, including the economic resources required annually to comply with the legislation and implementing regulations; and (C) economic growth and competitiveness. (2) Exception.--Paragraph (1) shall not apply to any bill with respect to which the Director of the Congressional Budget Office certifies in writing to the chairman of the committee reporting the legislation that the estimated costs to State and local governments and the private sector of implementation of such legislation during the first 3 years will not exceed $50,000,000 in the aggregate and during the first 5 years will not exceed $100,000,000 in the aggregate. (b) Duties and Functions of Congressional Budget Office.--The Director of the Congressional Budget Office shall prepare for each bill or resolution of a public character reported by any committee of the House of Representatives or of the Senate, an economic analysis of the effects of the bill or resolution, satisfying the requirements of subsection (a). The analysis prepared by the Director of the Congressional Budget Office shall be included in the report accompanying such bill or resolution. (c) Legislation Subject to Point of Order.--A bill or resolution is subject to a point of order against consideration of the bill or resolution by the House of Representatives or the Senate (as the case may be) if the bill or resolution is reported for consideration by the House of Representatives or the Senate unaccompanied by the analysis required by this section. SEC. 102. EXERCISE OF RULEMAKING POWERS. The provisions of this title are enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. SEC. 103. EFFECTIVE DATE. This title shall apply to any bill or resolution introduced in the House of Representatives or the Senate after the date of enactment of this Act. TITLE II--FEDERAL INTERGOVERNMENTAL RELATIONS SEC. 201. INTERGOVERNMENTAL AND ECONOMIC IMPACT ASSESSMENT. (a) Requirement.--When an agency publishes a general notice of proposed rulemaking for any proposed rule, the notice of proposed rulemaking shall be accompanied by an Intergovernmental and Economic Impact Assessment. Such Assessment shall be published in the Federal Register at the time of the publication of the general notice of proposed rulemaking for the rule. (b) Content.--Each Intergovernmental and Economic Impact Assessment required under this section shall contain-- (1) a description of the reasons why action by the agency is being considered; (2) a succinct statement of the objective of, and legal basis for, the proposed rule; (3) a good-faith estimate, based on data readily available to the agency, of the effect the proposed rule will have on the expenditure of State or local public resources by State and local governments; and (4) a good-faith estimate, based on data readily available to the agency, or a description of the effect the proposed rule will have on-- (A) the allocation of economic resources; and (B) productivity, economic growth, full employment, creation of productive jobs, and international competitiveness of American goods and services. SEC. 202. INTERGOVERNMENTAL AND ECONOMIC IMPACT STATEMENT. (a) Requirement.--When an agency promulgates a final rule, the agency shall prepare an Intergovernmental and Economic Impact Statement. The Intergovernmental and Economic Impact Statement shall contain-- (1) a succinct statement of the need for, and the objectives of, such rule; (2) a summary of the issues raised by the public comments in response to the publication by the agency of the Intergovernmental and Economic Impact Assessment prepared for the rule, a summary of the agency's evaluation of such issues, and a statement of any changes made in the proposed rule as a result of such comments; (3) a good-faith estimate, based on information readily available to the agency, of the effect the rule will have on the expenditure of State or local public resources by State and local governments; and (4) a good-faith estimate, based on information readily available to the agency, or a description of the effect the rule will have on productivity, economic growth, full employment, creation of productive jobs, and international competitiveness of American goods and services. (b) Availability.--The agency shall make copies of each Intergovernmental and Economic Impact Statement available to members of the public, and shall publish in the Federal Register at the time of publication of any final rule, a statement describing how the public may obtain copies of such Statement. SEC. 203. EFFECT ON OTHER LAWS. The requirements of this title shall not alter in any manner the substantive standards otherwise applicable to the implementation by an agency of statutory requirements or to the exercise by an agency of authority delegated by law. SEC. 204. EFFECTIVE DATE. This title shall apply to any rule proposed and any final rule promulgated by any agency after the date of the enactment of this Act. SEC. 205. DEFINITION. In this title, the term ``agency'' has the meaning stated in section 551(1) of title 5, United States Code.

TABLE OF CONTENTS: Title I: Legislative Reform Title II: Federal Intergovernmental Relations Fiscal Accountability and Intergovernmental Reform Act (FAIR Act) - Title I: Legislative Reform - Provides that, with certain exceptions, whenever a committee of either House reports a bill or resolution of a public character (excluding resolutions of ratification of a treaty) to its House mandating unfunded requirements upon State or local governments or the private sector, the report accompanying that bill or resolution shall analyze the effect of the new requirements on: (1) State and local government expenditures necessary to comply with Federal mandates; (2) private businesses; and (3) economic growth and competitiveness. Requires the Congressional Budget Office to prepare such economic analyses. Title II: Federal Intergovernmental Relations - Provides that, whenever an agency publishes a general notice of proposed rulemaking or promulgates a final rule, the agency shall prepare and make available for public comment an Intergovernmental and Economic Impact Assessment. Specifies the contents of such an assessment.

FAIR Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fire Safety Education Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Nation's fire losses are estimated at 5,000 deaths and 29,000 injuries annually, producing an economic loss conservatively estimated at $10,000,000,000 a year plus more than $1,000,000,000 a year in health care costs; (2) sustained and targeted fire safety education at the State and local levels, particularly in identifiable high-risk populations, produces dramatic results in preventing fires, fire deaths, and dollar loss from fire; (3) in recent years, the Nation's fire departments have seen their fire safety education budgets cut dramatically and, in many cases, eliminated; (4) there is a need to expand the availability of State and local fire prevention programs and supporting resources and materials to help State agencies and local fire departments in carrying out effective public education; (5) fire departments in other countries with fewer fire deaths per capita than the United States spend an average of 4- 10 percent of their budgets on fire prevention, versus less than 3 percent for United States departments; and (6) only by accurately collecting and analyzing data on fire deaths, injuries and dollar loss can the Nation's fire departments pinpoint the populations and regions where they most need to direct their educational efforts, thus leading to a more efficient and effective use of resources. SEC. 3. FIRE SAFETY EDUCATION. (a) Awards.--The Administrator may enter into contracts, cooperative agreements, or grants with eligible entities to obtain and distribute at the State and local level fire safety and prevention education programs and supporting educational resources. (b) Distribution of Funds.--Of the amounts received by an entity under subsection (a)-- (1) not more than 25 percent may be used for statewide fire safety and prevention programs; (2) not more than 25 percent may be used to implement new regional or local fire safety and prevention programs targeting high risk populations; and (3) at least 50 percent shall be used for awards of not more than $10,000 for existing regional or local fire safety and prevention programs that have been demonstrated to be effective in preventing fires, fire deaths and injuries, and dollar losses from fire. (c) Use of Funds.--Funds provided under subsection (a) may be used to educate the public in all aspects of fire safety and prevention, including-- (1) the effectiveness and appropriate use of fire suppression and prevention equipment such as automatic sprinklers, smoke detectors, and portable extinguishers; (2) the organization and conduct of exit drills; and (3) the safe use of products that could contribute to accidental fires. (d) Priority of Existing Materials.--Fire safety education programs funded under this Act shall give priority to the use of public education materials that have already been developed, if such materials meet the demands of the program being funded. SEC. 4. DATA COLLECTION. The Administrator may enter into contracts, cooperative agreements, or grants with States for the purpose of implementing the revised National Fire Incident Reporting System, established under section 9 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2208), to improve and enhance the collection and analysis of fire data at the State and local levels. SEC. 5. APPLICATIONS. Each eligible entity desiring a contract, cooperative agreement, or grant under this Act shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. SEC. 6. REPORTS AND EVALUATION. (a) Annual Report to Administrator.--An entity receiving funds under section 3 shall prepare and submit to the Administrator an annual report which contains such information as the Administrator may require. At a minimum, the report shall describe the program activities undertaken with such funds, including-- (1) any program that has been developed directly or indirectly by the entity, and the target population of such program; (2) support materials that have been obtained and the method by which such materials are distributed; and (3) any initiatives undertaken by the entity to develop public-private partnerships to secure non-Federal support for the development and distribution of programs and material in furtherance of this Act. (b) Report to Congress.--The Administrator shall prepare and submit to the Congress an annual report which includes a description of the programs undertaken and materials developed and distributed by entities receiving funds under section 3. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Fire Safety Education.--For the purposes of carrying out section 3 of this Act, there are authorized to be appropriated $10,000,000 for each of the fiscal years 1997 and 1998, of which no more than $500,000 may be spent in any fiscal year on administrative costs. (b) Data Collection.--For the purposes of carrying out section 4 of this Act, there are authorized to be appropriated $2,500,000 for fiscal year 1996, of which no more than $300,000 shall be spent on administrative costs. SEC. 8. DEFINITIONS. As used in this Act-- (1) the term ``Administrator'' means the Administrator of the United States Fire Administration; (2) the term ``eligible entity'' means the office of the State fire marshal for a State or an equivalent State office having primary responsibility for fire safety and prevention in the State; (3) the term ``fire safety and prevention education programs'' includes publications, audiovisual presentations, and demonstrations; and (4) the term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States.

Fire Safety Education Act - Authorizes the Administrator of the United States Fire Administration to enter into contracts, cooperative agreements, or grants with entities to obtain and distribute at the State and local level fire safety and prevention education programs and supporting educational resources. Authorizes funds provided to be used to educate the public in all aspects of fire safety and prevention. Requires funded programs to give priority to appropriate public education materials that have already been developed. Authorizes the Administrator to enter into contracts, cooperative agreements, or grants with States for the purpose of implementing the revised National Fire Incident Reporting System to improve the collection and analysis of fire data at the State and local levels. Authorizes appropriations.

Fire Safety Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alicia Dawn Koehl Respect for National Cemeteries Act''. SEC. 2. AUTHORITY TO RECONSIDER DECISIONS OF SECRETARY OF VETERANS AFFAIRS OR SECRETARY OF THE ARMY TO INTER THE REMAINS OR HONOR THE MEMORY OF A PERSON IN A NATIONAL CEMETERY. (a) Authority To Reconsider Prior Decisions.--Section 2411 of title 38, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsections: ``(d)(1) In a case described in subsection (e), the appropriate Federal official may reconsider a decision to-- ``(A) inter the remains of a person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or ``(B) honor the memory of a person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403(a) of this title) or in such an area in Arlington National Cemetery (described in section 2409(a) of this title). ``(2)(A)(i) In a case described in subsection (e)(1)(A), the appropriate Federal official shall provide notice to the deceased person's next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision of the appropriate Federal official to disinter the remains of the deceased person or to remove a memorial headstone or marker memorializing the deceased person. ``(ii) In a case described in subsection (e)(1)(B), if the appropriate Federal official finds, based upon a showing of clear and convincing evidence and after an opportunity for a hearing in a manner prescribed by the appropriate Federal official, that the person had committed a Federal capital crime or a State capital crime but had not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution, the appropriate Federal official shall provide notice to the deceased person's next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision of the appropriate Federal official to disinter the remains of the deceased person or to remove a memorial headstone or marker memorializing the deceased person. ``(B) Notice under subparagraph (A) shall be provided by the appropriate Federal official as follows: ``(i) By the Secretary in accordance with section 5104 of this title. ``(ii) By the Secretary of Defense in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this subsection. ``(3)(A) Notwithstanding any other provision of law, the next of kin or other person authorized to arrange burial or memorialization of the deceased person shall be allowed a period of 60 days from the date of the notice required by paragraph (2) to file a notice of disagreement with the Federal official that provided the notice. ``(B)(i) A notice of disagreement filed with the Secretary under subparagraph (A) shall be treated as a notice of disagreement filed under section 7105 of this title and shall initiate appellate review in accordance with the provisions of chapter 71 of this title. ``(ii) A notice of disagreement filed with the Secretary of Defense under subparagraph (A) shall be decided in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this subsection. ``(4) When the decision of the appropriate Federal official to disinter the remains or remove a memorial headstone or marker of the deceased person becomes final either by failure to appeal the decision in accordance with paragraph (3)(A) or by final disposition of the appeal pursuant to paragraph (3)(B), the appropriate Federal official may take any of the following actions: ``(A) Disinter the remains of the person from the cemetery in the National Cemetery Administration or in Arlington National Cemetery and provide for the reburial or other appropriate disposition of the disinterred remains in a place other than a cemetery in the National Cemetery Administration or in Arlington National Cemetery. ``(B) Remove from a memorial area in a cemetery in the National Cemetery Administration or in Arlington National Cemetery any memorial headstone or marker placed to honor the memory of the person. ``(e)(1) A case described in this subsection is a case in which the appropriate federal official receives-- ``(A) written notice of a conviction referred to in subsection (b)(1), (b)(2), or (b)(4) of a person described in paragraph (2); or ``(B) information that a person described in paragraph (2) may have committed a Federal capital crime or a State capital crime but was not convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution. ``(2) A person described in this paragraph is a person-- ``(A) whose remains have been interred in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or ``(B) whose memory has been honored in a memorial area in a cemetery in the National Cemetery Administration or in such an area in Arlington National Cemetery.''. (b) Modification of Exception To Interment or Memorialization Prohibition.--Subsection (a)(2) of such section is amended by striking ``such official approves an application for''. (c) Applicability.--The amendments made by this section shall apply with respect to any interment or memorialization conducted by the Secretary of Veterans Affairs or the Secretary of the Army in a cemetery in the National Cemetery Administration or in Arlington National Cemetery after the date of the enactment of this Act. SEC. 3. DISINTERMENT OF REMAINS OF MICHAEL LASHAWN ANDERSON FROM FORT CUSTER NATIONAL CEMETERY. (a) Disinterment of Remains.--The Secretary of Veterans Affairs shall disinter the remains of Michael LaShawn Anderson from Fort Custer National Cemetery. (b) Notification of Next-of-Kin.--The Secretary of Veterans Affairs shall-- (1) notify the next-of-kin of record for Michael LaShawn Anderson of the impending disinterment of his remains; and (2) upon disinterment, relinquish the remains to the next-of- kin of record for Michael LaShawn Anderson or, if the next-of-kin of record for Michael LaShawn Anderson is unavailable, arrange for an appropriate disposition of the remains. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on November 18, 2013. Alicia Dawn Koehl Respect for National Cemeteries Act - Authorizes the appropriate federal official (either the Secretary of Veterans Affairs [VA] or the Secretary of the Army) to reconsider a decision to inter or honor the memory of a person in the National Cemetery Administration or in Arlington National Cemetery upon receiving information that such person may have committed a federal or state capital crime but was not convicted by reason of unavailability for trial due to death or flight to avoid prosecution. Requires such official, upon finding, after an opportunity for a hearing, that the person committed but was not convicted of such crime, to provide notice to the individual's next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision to disinter such person's remains or remove a memorial headstone or marker. Allows such next of kin or other person 60 days to file a notice of disagreement, which shall initiate appellate review. Authorizes the appropriate federal official, when a decision becomes final, to disinter the remains or remove the memorial headstone or marker. Modifies the exception to the prohibition against interment or memorialization in the National Cemetery System or Arlington National Cemetery of a person convicted of a federal or state capital crime to require receipt of written notice of a conviction before interment or memorialization takes place (currently, receipt of such notice is required before the appropriate federal official approves an application for interment or memorialization). Directs the Secretary of Veterans Affairs: (1) to disinter the remains of Michael LaShawn Anderson from Fort Custer National Cemetery (Michigan); (2) to notify his next of kin of the impending disinterment; and (3) upon disinterment, to relinquish the remains to the next of kin or, if the next of kin of record is unavailable, arrange for the appropriate disposition of the remains.

Alicia Dawn Koehl Respect for National Cemeteries Act

SECTION 1. APPEALS PROCESS. (a) Reference.--Whenever in this section 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 title 5, United States Code. (b) Time Period for Decision.--Section 8118 is amended by adding at the end the following: ``(f) An initial decision by the Secretary of Labor shall be made within 90 days of the date the claim is filed by the employee. If an initial decision is not made within such 90 days, the claimant shall be authorized further payment of full and normal salary until at such time an initial decision is reached. An employer may not hold or delay the filing of the claim. An agency may not withhold the filing of a claim, deny forms to file a claim, or obstruct, threaten, or induce a claimant to forego filing a claim. An agent of an agency may not falsify, induce, or compel false testimony to deny or controvert a claim.''. (c) Claimant's Physician.--Section 8123(a) is amended to read as follows: ``(a) An employee shall submit to an actual physical examination by a physician designated or approved by the Secretary of Labor, when so ordered by the administrative law judge. In cases of surgery, a second opinion examination shall be required before such surgery, except in life threatening circumstances or where additional disability will result if there is a delay. A medical report from a treating physician is predominant and sufficient for a case unless there are serious and legal reasons to suspect the medical evidence. Legal and medical examinations and reports, ordered by administrative law judges, will only be required where there are legal questions to be resolved with regard to the nature of the injury or with regard to whether the event that caused the injury was work-related or work-caused. The claimant shall have the right to have the claimant's own physician or a witness or representative present during the exam. The employee may have a physician designated and paid by the employee present to participate in the examination. If there is any disagreement between the physician for the Secretary and the claimant's physician, a list of 3 physicians of the appropriate Board Certified Specialty shall be tendered to the claimant who shall choose the physician to conduct the final examination with respect to the medical and legal issues in disagreement. The Secretary shall provide the claimant's physician with the same opportunity and information as is provided to the physician acting for the Secretary, including the statement of accepted facts and all medical information in the claimant's file.''. (d) Physician Fees.--Section 8123(c) is amended to read as follows: ``(c) The Secretary shall fix the fees for physicians under this section such that the physicians representing the Secretary shall be limited to the same structure and amounts allowed to claimants' physicians. All medical bills shall be paid within 60 days of billing, except during the initial claims processing, and in that case they shall be paid within 60 days of acceptance of the claim.''. (e) Hearing Date.--Section 8124(b)(1) is amended to read as follows: ``(b)(1) Administrative review of an initial decision of which the claimant is not satisfied may be appealed for an oral hearing before the administrative law judges of the Department of Labor. A request for an oral hearing must be made within 180 days of the date of the initial decision being appealed. A hearing must be held within 90 days of the date requested, or compensation denied or reduced shall be reinstated until such time as the hearing is given and a decision reached. Decisions regarding the issues brought on appeal shall be rendered within 30 days of the hearing or benefits will be reinstated if denied or reduced until a decision is reached.''. (f) Claimant's Authority.--Section 8124(b)(2) is amended to read as follows: ``(2) In conducting the hearing, the Secretary shall follow the requirements of chapter 5. The claimant shall have the right to confront and cross examine all adverse witnesses and present such evidence as the claimant feels necessary for consideration of the claim. The claimant's employer shall not be present at the hearing but shall be provided an opportunity to comment on the transcript of the hearing.''. (g) Representation; Representative Fees.--Section 8127 is amended by adding at the end the following: ``(c) Except as provided in subsection (d), claimant's attorney or representative shall be entitled to receive a fee of 15 percent of the benefits awarded to the claimant. ``(d) If the claimant prevails in a decision of a Federal court under chapter 7, the claimant's attorney shall be paid by the Secretary, but not from the claimant's award for the work of such attorney if the position of the Secretary with respect to such claimant was found under section 2412(c) of title 28 to be not substantially justified.''. (h) Review of Award.--Section 8128 is amended by striking subsections (a) and (b) and insert the following: ``Once a claim for compensation has been accepted, the Secretary may only end, decrease, or increase compensation by meeting a burden of proof standard that there was sufficient cause to perform a review. The claimant shall have the right to petition for review of adverse decisions at any time upon the submission of a new legal argument or new factual evidence not previously considered. Any denial of a petition for review or adverse decision arising out of a petition for review shall be reviewable under section 8124. Decisions on petitions for review shall be rendered no later than 90 days from the date received by the Secretary or his designee.''. (i) Reemployment and Vocational Rehabilitation.--(1) Section 8104 is amended to read as follows: ``Sec. 8104. Reemployment and vocational rehabilitation ``(a) The Secretary of Labor shall provide vocational rehabilitation services to any permanently disabled claimant who requests or whose physician requests such services. The claimant shall choose the vocational service provider, and insofar as practicable use the State services already funded by the Secretary of Health and Human Services. If a private counselor is used, the claimant shall have sole right to pick the provider and the fees shall be paid out of the Employees' Compensation Fund. ``(b) Federal employers shall give first priority of placement to injured Federal workers in positions commensurate with their pay at time of injury and disability. Such positions include any positions for which the claimant may already have experience or ones that they can be trained in. No person may retaliate, punish, deny work, deny promotion, or carry out any other discriminatory act against a claimant for filing a claim for compensation.''. (2) The table of sections for chapter 81 of title 5, United States Code, is amended by striking the item relating to section 8104 and inserting the following: ``8104. Reemployment and vocational rehabilitation.''.

Amends Federal civil service law to revise the appeals process under provisions for workers' compensation for Federal employees. Authorizes the Secretary of Labor to provide vocational rehabilitation services to any permanently disabled claimant who requests or whose physician requests such services.

To change the appeals process in the workers' compensation provisions of title 5, United States Code.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifespan Respite Care Act of 2006''. SEC. 2. LIFESPAN RESPITE CARE. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXIX--LIFESPAN RESPITE CARE ``SEC. 2901. DEFINITIONS. ``In this title: ``(1) Adult with a special need.--The term `adult with a special need' means a person 18 years of age or older who requires care or supervision to-- ``(A) meet the person's basic needs; ``(B) prevent physical self-injury or injury to others; or ``(C) avoid placement in an institutional facility. ``(2) Aging and disability resource center.--The term `aging and disability resource center' means an entity administering a program established by the State, as part of the State's system of long-term care, to provide a coordinated system for providing-- ``(A) comprehensive information on available public and private long-term care programs, options, and resources; ``(B) personal counseling to assist individuals in assessing their existing or anticipated long-term care needs, and developing and implementing a plan for long-term care designed to meet their specific needs and circumstances; and ``(C) consumer access to the range of publicly supported long-term care programs for which consumers may be eligible, by serving as a convenient point of entry for such programs. ``(3) Child with a special need.--The term `child with a special need' means an individual less than 18 years of age who requires care or supervision beyond that required of children generally to-- ``(A) meet the child's basic needs; or ``(B) prevent physical injury, self-injury, or injury to others. ``(4) Eligible state agency.--The term `eligible State agency' means a State agency that-- ``(A) administers the State's program under the Older Americans Act of 1965, administers the State's program under title XIX of the Social Security Act, or is designated by the Governor of such State to administer the State's programs under this title; ``(B) is an aging and disability resource center; ``(C) works in collaboration with a public or private nonprofit statewide respite care coalition or organization; and ``(D) demonstrates-- ``(i) an ability to work with other State and community-based agencies; ``(ii) an understanding of respite care and family caregiver issues across all age groups, disabilities, and chronic conditions; and ``(iii) the capacity to ensure meaningful involvement of family members, family caregivers, and care recipients. ``(5) Family caregiver.--The term `family caregiver' means an unpaid family member, a foster parent, or another unpaid adult, who provides in-home monitoring, management, supervision, or treatment of a child or adult with a special need. ``(6) Lifespan respite care.--The term `lifespan respite care' means a coordinated system of accessible, community-based respite care services for family caregivers of children or adults with special needs. ``(7) Respite care.--The term `respite care' means planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of that child or adult. ``(8) State.--The term `State' means any of the several States, the District of Columbia, the Virgin Islands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``SEC. 2902. LIFESPAN RESPITE CARE GRANTS AND COOPERATIVE AGREEMENTS. ``(a) Purposes.--The purposes of this section are-- ``(1) to expand and enhance respite care services to family caregivers; ``(2) to improve the statewide dissemination and coordination of respite care; and ``(3) to provide, supplement, or improve access and quality of respite care services to family caregivers, thereby reducing family caregiver strain. ``(b) Authorization.--Subject to subsection (e), the Secretary is authorized to award grants or cooperative agreements for the purposes described in subsection (a) to eligible State agencies for which an application is submitted pursuant to subsection (d). ``(c) Federal Lifespan Approach.--In carrying out this section, the Secretary shall work in cooperation with the National Family Caregiver Support Program of the Administration on Aging and other respite care programs within the Department of Health and Human Services to ensure coordination of respite care services for family caregivers of children and adults with special needs. ``(d) Application.-- ``(1) Submission.--Each Governor desiring the eligible State agency of his or her State to receive a grant or cooperative agreement under this section shall submit an application on behalf of such agency to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. ``(2) Contents.--Each application submitted under this section shall include-- ``(A) a description of the eligible State agency's-- ``(i) ability to work with other State and community- based agencies; ``(ii) understanding of respite care and family caregiver issues across all age groups, disabilities, and chronic conditions; and ``(iii) capacity to ensure meaningful involvement of family members, family caregivers, and care recipients; ``(B) with respect to the population of family caregivers to whom respite care information or services will be provided or for whom respite care workers and volunteers will be recruited and trained, a description of-- ``(i) the population of family caregivers; ``(ii) the extent and nature of the respite care needs of that population; ``(iii) existing respite care services for that population, including numbers of family caregivers being served and extent of unmet need; ``(iv) existing methods or systems to coordinate respite care information and services to the population at the State and local level and extent of unmet need; ``(v) how respite care information dissemination and coordination, respite care services, respite care worker and volunteer recruitment and training programs, or training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services will be provided using grant or cooperative agreement funds; ``(vi) a plan for administration, collaboration, and coordination of the proposed respite care activities with other related services or programs offered by public or private, nonprofit entities, including area agencies on aging; ``(vii) how the population, including family caregivers, care recipients, and relevant public or private agencies, will participate in the planning and implementation of the proposed respite care activities; ``(viii) how the proposed respite care activities will make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, other forms of reimbursements, personnel, and facilities; ``(ix) respite care services available to family caregivers in the eligible State agency's State or locality, including unmet needs and how the eligible State agency's plan for use of funds will improve the coordination and distribution of respite care services for family caregivers of children and adults with special needs; ``(x) the criteria used to identify family caregivers eligible for respite care services; ``(xi) how the quality and safety of any respite care services provided will be monitored, including methods to ensure that respite care workers and volunteers are appropriately screened and possess the necessary skills to care for the needs of the care recipient in the absence of the family caregiver; and ``(xii) the results expected from proposed respite care activities and the procedures to be used for evaluating those results; ``(C) assurances that, where appropriate, the eligible State agency will have a system for maintaining the confidentiality of care recipient and family caregiver records; and ``(D) a memorandum of agreement regarding the joint responsibility for the eligible State agency's lifespan respite program between-- ``(i) the eligible State agency; and ``(ii) a public or private nonprofit statewide respite coalition or organization. ``(e) Priority; Considerations.--When awarding grants or cooperative agreements under this section, the Secretary shall-- ``(1) give priority to eligible State agencies that the Secretary determines show the greatest likelihood of implementing or enhancing lifespan respite care statewide; and ``(2) give consideration to eligible State agencies that are building or enhancing the capacity of their long-term care systems to respond to the comprehensive needs, including respite care needs, of their residents. ``(f) Use of Grant or Cooperative Agreement Funds.-- ``(1) In general.-- ``(A) Required uses of funds.--Each eligible State agency awarded a grant or cooperative agreement under this section shall use all or part of the funds-- ``(i) to develop or enhance lifespan respite care at the State and local levels; ``(ii) to provide respite care services for family caregivers caring for children or adults; ``(iii) to train and recruit respite care workers and volunteers; ``(iv) to provide information to caregivers about available respite and support services; and ``(v) to assist caregivers in gaining access to such services. ``(B) Optional uses of funds.--Each eligible State agency awarded a grant or cooperative agreement under this section may use part of the funds for-- ``(i) training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services; ``(ii) other services essential to the provision of respite care as the Secretary may specify; or ``(iii) training and education for new caregivers. ``(2) Subcontracts.--Each eligible State agency awarded a grant or cooperative agreement under this section may carry out the activities described in paragraph (1) directly or by grant to, or contract with, public or private entities. ``(3) Matching funds.-- ``(A) In general.--With respect to the costs of the activities to be carried out under paragraph (1), a condition for the receipt of a grant or cooperative agreement under this section is that the eligible State agency agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs. ``(B) Determination of amount contributed.--Non-Federal contributions required by subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(g) Term of Grants or Cooperative Agreements.-- ``(1) In general.--The Secretary shall award grants or cooperative agreements under this section for terms that do not exceed 5 years. ``(2) Renewal.--The Secretary may renew a grant or cooperative agreement under this section at the end of the term of the grant or cooperative agreement determined under paragraph (1). ``(h) Maintenance of Effort.--Funds made available under this section shall be used to supplement and not supplant other Federal, State, and local funds available for respite care services. ``SEC. 2903. NATIONAL LIFESPAN RESPITE RESOURCE CENTER. ``(a) Establishment.--The Secretary may award a grant or cooperative agreement to a public or private nonprofit entity to establish a National Resource Center on Lifespan Respite Care (referred to in this section as the `center'). ``(b) Purposes of the Center.--The center shall-- ``(1) maintain a national database on lifespan respite care; ``(2) provide training and technical assistance to State, community, and nonprofit respite care programs; and ``(3) provide information, referral, and educational programs to the public on lifespan respite care. ``SEC. 2904. REPORT. ``Not later than January 1, 2009, the Secretary shall report to the Congress on the activities undertaken under this title. Such report shall evaluate-- ``(1) the number of States that have lifespan respite care programs; ``(2) the demographics of the caregivers receiving respite care services through grants or cooperative agreements under this title; and ``(3) the effectiveness of entities receiving grants or cooperative agreements under this title. ``SEC. 2905. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title-- ``(1) $30,000,000 for fiscal year 2007; ``(2) $40,000,000 for fiscal year 2008; ``(3) $53,330,000 for fiscal year 2009; ``(4) $71,110,000 for fiscal year 2010; and ``(5) $94,810,000 for fiscal year 2011.''. SEC. 3. GAO REPORT ON LIFESPAN RESPITE CARE PROGRAMS. Not later than January 1, 2011, the Comptroller General of the United States shall conduct an evaluation and submit a report to the Congress on the effectiveness of lifespan respite programs, including an analysis of cost benefits and improved efficiency in service delivery. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Lifespan Respite Care Act of 2006 - (Sec. 2) Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award matching grants or cooperative agreements to eligible state agencies to: (1) expand and enhance respite care services to family caregivers; (2) improve the statewide dissemination and coordination of respite care; and (3) provide, supplement, or improve access and quality of respite care services to family caregivers, thereby reducing family caregiver strain. Defines "respite care" to mean planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver. Instructs the Secretary to work cooperatively with the National Family Caregiver Support Program of the Administration on Aging and other respite care programs within the Department of Health and Human Services (HHS) to ensure coordination of respite care services for family caregivers of children and adults with special needs. Requires the Secretary to: (1) give priority to eligible state agencies that show the greatest likelihood of implementing or enhancing lifespan respite care statewide; and (2) give consideration to agencies that are building or enhancing the capacity of their long-term care systems to respond to the comprehensive needs, including respite care needs, of their residents. Directs that funds must be used to: (1) develop or enhance lifespan respite care at the state and local levels; (2) provide respite care services for family caregivers caring for children or adults; (3) train and recruit respite care workers; (4) provide information to caregivers about available respite and support services; and (5) assist caregivers in gaining access to such services. Permits part of such funds to be used for: (1) training programs for family caregivers to assist in making informed decisions about respite care services; (2) other services essential to the provision of respite care; or (3) training and education for new caregivers. Allows the Secretary to award a grant or cooperative agreement to a public or private nonprofit entity to establish the National Resource Center on Lifespan Respite Care to: (1) maintain a national database on lifespan respite care; (2) provide training and technical assistance to state, community, and nonprofit respite care programs; and (3) provide information, referral, and educational programs to the public on lifespan respite care. Sets forth reporting requirements. Authorizes appropriations. (Sec. 3) Requires the Comptroller General to conduct an evaluation and report to Congress on the effectiveness of lifespan respite care programs, including an analysis of cost benefits and improved efficiency in service delivery.

To amend the Public Health Service Act to establish a program to assist family caregivers in accessing affordable and high-quality respite care, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Insurance Coverage of Childhood Immunization Act of 2003''. SEC. 2. COMPREHENSIVE COVERAGE FOR CHILDHOOD IMMUNIZATION BY GROUP HEALTH PLANS AND HEALTH INSURANCE ISSUERS. (a) Group Health Plans.-- (1) Public health service act amendments.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION. ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide for each plan year comprehensive coverage for routine immunizations for each individual who is a dependent of a participant or beneficiary under the plan and is under 19 years of age. ``(b) Comprehensive Coverage.--For purposes of this section, comprehensive coverage for routine immunizations for a plan year consists of coverage, without deductibles, coinsurance, or other cost- sharing, for immunizations (including the vaccine itself) in accordance with the most recent version of the Recommended Childhood Immunization Schedule issued prior to such plan year by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.''. (2) ERISA amendments.-- (A) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION. ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide for each plan year comprehensive coverage for routine immunizations for each individual who is a dependent of a participant or beneficiary under the plan and is under 19 years of age. ``(b) Comprehensive Coverage.--For purposes of this section, comprehensive coverage for routine immunizations for a plan year consists of coverage, without deductibles, coinsurance, or other cost- sharing, for immunizations (including the vaccine itself) in accordance with the most recent version of the Recommended Childhood Immunization Schedule issued prior to such plan year by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.''. (B) Clerical amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standard relating to coverage of childhood immunization.''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. SEC. 3. COORDINATION OF ADMINISTRATION. The Secretary of Health and Human Services and the Secretary of Labor shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. SEC. 4. EFFECTIVE DATES. (a) Group Health Plans and Group Health Insurance Coverage.-- Subject to subsection (c), the amendments made by section 2(a) apply with respect to group health plans for plan years beginning on or after January 1, 2004. (b) Individual Health Insurance Coverage.--The amendment made by section 2(b) applies with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (c) Collective Bargaining Exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by section 2(a) shall not apply to plan years beginning before the later of-- (1) the earliest date as of which all such collective bargaining agreements relating to the plan have terminated (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (2) January 1, 2004. For purposes of paragraph (1), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by section 2(a) shall not be treated as a termination of such collective bargaining agreement.

Comprehensive Insurance Coverage of Childhood Immunization Act of 2003 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require comprehensive health insurance coverage for childhood immunization to be provided by health plans and insurance issuers in both group and individual markets.

To amend title XXVII of the Public Health Service Act and title I of the Employee Retirement Income Security Act of 1974 to require that group and individual health insurance coverage and group health plans provide comprehensive coverage for childhood immunization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Narcotics Control Corrections Act of 1994''. TITLE I--INTERNATIONAL NARCOTICS CONTROL SEC. 101. 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 newP 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. 102. 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. 103. 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 except for the title heading and section 4702 (a) through (f). (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. 104. 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. 105. 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. 106. 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. 107. 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.). TITLE II--NATO PARTICIPATION ACT OF 1994 SEC. 201. SHORT TITLE. This title may be cited as the ``NATO Participation Act of 1994''. SEC. 202. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the leaders of the NATO member nations are to be commended for reaffirming that NATO membership remains open to Partnership for Peace countries emerging from communist domination and for welcoming eventual expansion of NATO to include such countries; (2) full and active participants in the Partnership for Peace in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area should be invited to become full NATO members in accordance with Article 10 of such Treaty at an early date, if such participants-- (A) maintain their progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law; and (B) remain committed to protecting the rights of all their citizens and respecting the territorial integrity of their neighbors; (3) the United States, other NATO member nations, and NATO itself should furnish appropriate assistance to facilitate the transition to full NATO membership at an early date of full and active participants in the Partnership for Peace; and (4) in particular, Poland, Hungary, the Czech Republic, and Slovakia have made significant progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law since the fall of their previous communist governments. SEC. 203. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO NATO MEMBERSHIP. (a) In General.--The President may establish a program to assist the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other Partnership for Peace countries emerging from communist domination designated pursuant to subsection (d). (b) Conduct of Program.--The program established under subsection (a) shall facilitate the transition to full NATO membership of the countries described in such subsection by supporting and encouraging, inter alia-- (1) joint planning, training, and military exercises with NATO forces; (2) greater interoperability of military equipment, air defense systems, and command, control, and communications systems; and (3) conformity of military doctrine. (c) Type of Assistance.--In carrying out the program established under subsection (a), the President may provide to the countries described in such subsection the following types of security assistance: (1) The transfer of excess defense articles under section 516 of the Foreign Assistance Act of 1961, without regard to the restrictions in paragraphs (1) through (3) of subsection (a) of such section (relating to the eligibility of countries for such articles under such section). (2) The transfer of nonlethal excess defense articles under section 519 of the Foreign Assistance Act of 1961, without regard to the restriction in subsection (a) of such section (relating to the justification of the foreign military financing program for the fiscal year in which a transfer is authorized). (3) Assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training). (4) Assistance under section 23 of the Arms Export Control Act (relating to the ``Foreign Military Financing Program''). (d) Designation of Partnership for Peace Countries Emerging From Communist Domination.--The President may designate countries emerging from communism and participating in the Partnership for Peace, especially Poland, Hungary, the Czech Republic, and Slovakia, to receive assistance under the program established under subsection (a) if the President determines and reports to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that such countries-- (1) are full and active participants in the Partnership for Peace; (2) have made significant progress toward establishing democratic institutions, a free market economy, civilian control of their armed forces, and the rule of law; (3) are likely in the near future to be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area; and (4) are not selling or transferring defense articles to a state that has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 6(j) of the Export Administration Act of 1979. (e) Notification.--At least 15 days before designating any country pursuant to subsection (d), the President shall notify the appropriate congressional committees in accordance with the procedures applicable under section 634A of the Foreign Assistance Act of 1961. (f) Determination.--It is hereby determined that Poland, Hungary, the Czech Republic, and Slovakia meet the criteria required in paragraphs (1), (2), and (3) of subsection (d). SEC. 204. ADDITIONAL AUTHORITIES. (a) Arms Export Control Act.--The President is authorized to exercise the authority of sections 63 and 65 of the Arms Export Control Act with respect to any country designated under section 203(d) of this title on the same basis authorized with respect to NATO countries. (b) Other NATO Authorities.--The President should designate any country designated under section 203(d) of this title as eligible under sections 2350c and 2350f of title 10, United States Code. (c) Sense of Congress.--It is the sense of Congress that, in the interest of maintaining stability and promoting democracy in Poland, Hungary, the Czech Republic, Slovakia, and any other Partnership for Peace country designated under section 203(d) of this title, those countries should be included in all activities under section 2457 of title 10, United States Code, related to the increased standardization and enhanced interoperability of equipment and weapons systems, through coordinated training and procurement activities, as well as other means, undertaken by the North Atlantic Treaty Organization members and other allied countries. SEC. 205. REPORTING REQUIREMENT. The President shall include in the report required by section 514(a) of Public Law 103-236 (22 U.S.C. 1928 note) the following: (1) A description of all assistance provided under the program established under section 203(a), or otherwise provided by the United States Government to facilitate the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other Partnership for Peace countries emerging from communist domination designated pursuant to section 203(d). (2) A description, on the basis of information received from the recipients and from NATO, of all assistance provided by other NATO member nations or NATO itself to facilitate the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other Partnership for Peace countries emerging from communist domination designated pursuant to section 203(d). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: International Narcotics Control Title II: NATO Participation Act of 1994 International Narcotics Control Corrections Act of 1994 - Title I: International Narcotics Control - 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. Title II: NATO Participation Act of 1994 - 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 ``Stop Subsidizing Childhood Obesity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Childhood obesity has more than doubled in children and tripled in adolescents in the past 30 years. Currently, more than \1/3\ of children and adolescents in the United States are overweight or obese. (2) A report by the Robert Wood Johnson Foundation and Trust for America's Health found that if the population of the United States continues on its current trajectory, adult obesity rates could exceed 60 percent in a number of States by 2030. (3) Health-related behaviors, such as eating habits and physical activity patterns, develop early in life and affect behavior and health in adulthood. The diets of American children and adolescents depart substantially from recommended patterns that put their health at risk. Overall, American children and youth are not achieving basic nutritional goals. They are consuming excess calories and added sugars and have higher than recommended intakes of sodium, total fat, and saturated fats. (4) According to a 2012 report from the Federal Trade Commission, the total amount spent on food marketing to children is about $2,000,000,000 per year. (5) Companies market food to children through television, radio, Internet, magazines, product placement in movies and video games, schools, product packages, toys, clothing and other merchandise. (6) According to a comprehensive review by the National Academy of Medicine, studies demonstrate that television food advertising affects children's food choices, food purchase requests, diets, and health. The Academy concluded that the marketing of high-calorie foods to children and adolescents is one of the major contributors to childhood obesity. (7) More than 80 percent of the food advertisements seen by children on television are for foods of poor nutritional value. (8) A study published in the Journal of Law and Economics and funded by the National Institutes of Health found that the elimination of the tax deduction that allows companies to deduct costs associated with advertising food of poor nutritional quality to children could reduce the rates of childhood obesity by 5 to 7 percent. (9) A study published in the Journal of Health Affairs found that the elimination of the tax deduction for costs described in paragraph (8) would save up to $260,000,000 in health care costs and prevent nearly 130,000 cases of childhood obesity over 10 years. SEC. 3. DENIAL OF DEDUCTION FOR ADVERTISING AND MARKETING DIRECTED AT CHILDREN TO PROMOTE THE CONSUMPTION OF FOOD OF POOR NUTRITIONAL QUALITY. (a) In General.--Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 280I. DENIAL OF DEDUCTION FOR ADVERTISING AND MARKETING DIRECTED AT CHILDREN TO PROMOTE THE CONSUMPTION OF FOOD OF POOR NUTRITIONAL QUALITY. ``(a) In General.--No deduction shall be allowed under this chapter with respect to-- ``(1) any advertisement or marketing-- ``(A) primarily directed at children for purposes of promoting the consumption by children of any food of poor nutritional quality, or ``(B) of a brand primarily associated with food of poor nutritional quality that is primarily directed at children, and ``(2) any of the following which are incurred or provided primarily for purposes described in paragraph (1): ``(A) Travel expenses (including meals and lodging). ``(B) Goods or services of a type generally considered to constitute entertainment, amusement, or recreation or the use of a facility in connection with providing such goods and services. ``(C) Gifts. ``(D) Other promotion expenses. ``(b) NAM Study.-- ``(1) In general.--Not later than 60 days after the date of the enactment of this section, the Secretary shall enter into a contract with the National Academy of Medicine under which the National Academy of Medicine shall develop procedures for the evaluation and identification of-- ``(A) food of poor nutritional quality, and ``(B) brands that are primarily associated with food of poor nutritional quality. ``(2) NAM report.--Not later than 12 months after the date of the enactment of this section, the National Academy of Medicine shall submit to the Secretary a report that establishes the proposed procedures described in paragraph (1). ``(c) Definitions.--In this section: ``(1) Brand.--The term `brand' means a corporate or product name, a business image, or a mark, regardless of whether it may legally qualify as a trademark, used by a seller or manufacturer to identify goods or services and to distinguish them from the goods of a competitor. ``(2) Child.--The term `child' means an individual who is age 14 or under. ``(3) Food.--The term `food' shall include beverages, candy, and chewing gum. ``(d) Regulations.--Not later than 18 months after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Health and Human Services and the Federal Trade Commission and based on the report prepared by the National Academy of Medicine pursuant to subsection (b)(2), shall promulgate such regulations as may be necessary to carry out the purposes of this section, including regulations defining the terms `marketing', `directed at children', `food of poor nutritional quality', and `brand primarily associated with food of poor nutritional quality' for purposes of this section.''. (b) Clerical Amendment.--The table of sections for such part IX is amended by adding at the end the following new item: ``Sec. 280I. Denial of deduction for advertising and marketing directed at children to promote the consumption of food of poor nutritional quality.''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning 24 months after the date of the enactment of this Act. SEC. 4. ADDITIONAL FUNDING FOR THE FRESH FRUIT AND VEGETABLE PROGRAM. In addition to any other amounts made available to carry out the Fresh Fruit and Vegetable Program under section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a), the Secretary of the Treasury (or the Secretary's delegate) shall, on an annual basis, transfer to such program, from amounts in the general fund of the Treasury of the United States, an amount determined by the Secretary of the Treasury (or the Secretary's delegate) to be equal to the increase in revenue for the preceding 12-month period by reason of the amendments made by section 3 of this Act.

Stop Subsidizing Childhood Obesity Act This bill amends the Internal Revenue Code to deny a tax deduction for: (1) advertising or marketing directed at children (age 14 or under) for food of poor nutritional quality or a brand primarily associated with food of poor nutritional quality; and (2) for related expenses, including for travel, goods or services constituting entertainment, amusement, or recreation, gifts, or other promotion expenses. The Department of the Treasury must enter into a contract with the National Academy of Medicine to develop procedures to evaluate and identify food of poor nutritional quality and brands that are primarily associated with such food. The bill authorizes additional funding to carry out the Fresh Fruit and Vegetable Program under the Richard B. Russell National School Lunch Act.

Stop Subsidizing Childhood Obesity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Utah Open OHV Areas Act''. SEC. 2. DEFINITIONS. In this Act: (1) County.--The term ``County'' means Washington County, Utah. (2) Federal land.--The term ``Federal land'' means land owned and managed by the Bureau of Land Management in the County that is identified on the map as ``Federal Lands Proposed to Transfer to SITLA''. (3) Map.--The term ``map'' means the map prepared by the State of Utah School and Institutional Trust Lands Administration entitled ``Sand Mountain Exchange Washington County, Utah'' and dated July 29, 2015. (4) Non-federal land.--The term ``non-Federal land'' means the State land identified on the map as ``SITLA Lands Proposed to Transfer to Federal''. (5) Public water agency.--The term ``public water agency'' means the Washington County Water Conservancy District. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of Utah. SEC. 3. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND. (a) In General.--If the State offers to convey to the United States title to the non-Federal land, the Secretary shall-- (1) accept the offer; and (2) on receipt of all right, title, and interest in and to the non-Federal land, convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Valid Existing Rights.--The exchange authorized under subsection (a) shall be subject to valid existing rights. (c) Title Approval.--Title to the Federal land and non-Federal land to be exchanged under this section shall be in a format acceptable to the Secretary and the State. (d) Appraisals.-- (1) In general.--The value of the Federal land and the non- Federal land to be exchanged under this section shall be determined by appraisals conducted by 1 or more independent appraisers retained by the State, with the consent of the Secretary. (2) Applicable law.--The appraisals under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions. (3) Approval.--The appraisals conducted under paragraph (1) shall be submitted to the Secretary and the State for approval. (4) Reimbursement of state costs.--The Secretary shall reimburse the State in an amount equal to 50 percent of the costs incurred by the State in retaining independent appraisers under paragraph (1). (e) Equal Value Exchange.-- (1) In general.--The value of the Federal land and non- Federal land to be exchanged under this section-- (A) shall be equal; or (B) shall be made equal in accordance with paragraph (2). (2) Equalization.-- (A) Surplus of federal land.--If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the State-- (i) by reducing the acreage of the Federal land to be conveyed; (ii) by adding additional State land to the non-Federal land to be conveyed; or (iii) by the State making a cash payment to the United States. (B) Surplus of non-federal land.--If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the State-- (i) by reducing the acreage of the non- Federal land to be conveyed; or (ii) by the United States making a cash payment to the State. (f) Use of Non-Federal Land.--On the conveyance of the non-Federal land to the Secretary under this section, the non-Federal land shall be used only-- (1) as an open riding area for the use of off-highway vehicles; or (2) for any other recreational use that does not significantly impact the open use of off-highway vehicles. SEC. 4. CONVEYANCE OF LAND TO WASHINGTON COUNTY, UTAH. (a) In General.--As soon as practicable after notification by the County and subject to valid existing rights, the Secretary shall convey to the County, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of Land.--The land referred to in subsection (a) consists of the land managed by the Bureau of Land Management that is generally depicted on the map as ``Open OHV Areas''. (c) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the land to be conveyed to the County under this section. (2) Minor errors.--The Secretary may correct any minor error in-- (A) the map; or (B) the legal description. (3) Availability.--The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of Conveyed Land.--The land conveyed under this section shall be used-- (1) primarily as an open riding area for the use of off- highway vehicles; or (2) for the construction, maintenance, replacement, or operation of-- (A) water storage or conveyance facilities; (B) subsurface water recharge facilities; or (C) solar or hydroelectric generation or transmission facilities. (e) Administrative Costs.--The Secretary shall require the County to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). (f) Conditions.--As a condition of the conveyance under subsection (a), the County shall agree-- (1) to pay any administrative costs associated with the conveyance including the costs of any environmental, wildlife, cultural, or historical resources studies; (2) to release and indemnify the United States from any claims or liabilities that may arise from uses carried out on the land described in subsection (b) on or before the date of enactment of this Act by the United States or any person; and (3) to accept such reasonable terms and conditions as the Secretary determines necessary. (g) Water Conveyance, Recharge, and Renewable Energy Corridor.-- (1) In general.--The Secretary, in accordance with applicable laws (including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.)), shall, prior to making the conveyance described in subsection (a), issue to the public water agency or the State-- (A) a 250-foot right-of-way for the construction, maintenance, repair, and replacement of a buried water conveyance pipeline and the associated construction, operation, and maintenance of subsurface water recharge facilities, as depicted on the map as ``Pipe Line 1''; and (B) a 150-foot right-of-way for the construction and maintenance of solar and hydroelectric generation and transmission facilities, as depicted on the map as ``Transmission Line''. (2) Administration.--The water conveyance and renewable energy facilities shall employ best management practices to limit, to the extent practicable, the impacts of the water conveyance facilities on off-highway vehicle activities. (h) Water Storage Facilities.--The Secretary, in accordance with applicable laws (including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and title V of the Federal Land Policy and Management Act 5 of 1976 (43 U.S.C. 1761 et seq.)), shall convey to the public water agency or the State 214.8 acres of the land described in subsection (b) for the construction, operation, maintenance, and repair of a water storage facility and associated facilities as depicted on the map as ``Hurricane Cliffs Afterbay''. (i) Sand Hollow Regional Pipeline Corridor.--The Secretary, in accordance with applicable laws (including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.)), shall, prior to making the conveyance described in subsection (a), issue to the public water agency a 200-foot right-of-way for the construction, maintenance, repair, and replacement of a buried water conveyance pipeline, as depicted on the map as ``Pipe Line 2''. (j) Reversion.--If the land conveyed under this section ceases to be used for a public purpose in accordance with subsection (d), the land shall, at the discretion of the Secretary, revert to the United States.

Southern Utah Open OHV Areas Act This bill directs the Department of the Interior to convey specified land owned and managed by the Bureau of Land Management (BLM) in Washington County, Utah, to the state of Utah in exchange for specified state lands. Upon the conveyance of the nonfederal land to Interior, such land shall be used only: as an open riding area for the use of off-highway vehicles; or for any other recreational use that does not significantly impact the open use of such vehicles. Interior shall convey, without consideration, specified Open OHV Areas managed by the BLM to Washington County. Such conveyed land shall be used primarily as an open riding area for the use of off-highway vehicles or for the construction, maintenance, replacement, or operation of: water storage or conveyance facilities; subsurface water recharge facilities; or solar or hydroelectric generation or transmission facilities. Before making such conveyance, Interior shall issue to the Washington County Water Conservancy District or the state: a 250-foot right-of-way for the construction, maintenance, repair, and replacement of a buried water conveyance pipeline and the associated construction, operation, and maintenance of subsurface water recharge facilities identified as Pipeline 1; and a 150-foot right-of-way for the construction and maintenance of solar and hydroelectric generation and transmission facilities identified as Transmission Line. Interior shall convey to the District or the state 214.8 acres of the County-conveyed Open OHV Areas land for the construction, operation, maintenance, and repair of a water storage facility and associated facilities identified as "Hurricane Cliffs Afterbay." Before making the conveyance to the County, Interior shall issue to the District a 200-foot right-of-way for the construction, maintenance, repair, and replacement of a buried water conveyance pipeline in the Sand Hollow Regional Pipeline Corridor identified as Pipe Line 2.

Southern Utah Open OHV Areas Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Idaho Panhandle National Forest Improvement Act of 2002''. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Agriculture. SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES. (a) In General.--The Secretary may, under such terms and conditions as the Secretary may prescribe, sell or exchange any or all right, title, and interest of the United States in and to the following National Forest System land and improvements: (1) Granite/Reeder Bay, Priest Lake Parcel, T. 61 N., R. 4 E., B.M., sec. 17, S\1/2\NE\1/4\ (80 acres, more or less). (2) North South Ski area, T. 43 N., R. 3 W., B.M., sec. 13, SE\1/4\SE\1/4\SW\1/4\, S\1/2\SW\1/4\SE\1/4\, NE\1/4\SW\1/ 4\SE\1/4\, and SW\1/4\SE\1/4\SE\1/4\ (50 acres more or less). (3) Shoshone work camp (including easements for utilities), T. 50 N., R. 4 E., B.M., sec. 5, a portion of the S\1/2\SE\1/ 4\. (b) Descriptions.--The Secretary may modify the descriptions in subsection (a) to correct errors or to reconfigure the properties in order to facilitate conveyance. (c) Consideration.--Consideration for a sale or exchange of land under subsection (a)-- (1) shall be equal to the market value of the land; and (2) may include-- (A) cash; or (B) the acquisition of improved or unimproved land or land with improvements constructed to the specifications of the Secretary. (d) Applicable Law.--Except as otherwise provided in this Act, any sale or exchange of National Forest System land under subsection (a) shall be subject to the laws (including regulations) applicable to the conveyance and acquisition of land for the National Forest System. (e) Valuation.--The market value of the land and the improvements to be exchanged or sold or constructed under this Act shall be determined by an appraisal that is acceptable to the Secretary and conforms with the Federal appraisal standards, as defined in the document entitled ``Uniform Appraisal Standards for Federal Land Acquisitions''. (f) Cash Equalization.--Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of land exchanged under subsection (a). (g) Solicitations of Offers.-- (1) In general.--The Secretary may solicit offers for sale or exchange of land under this section on such terms and conditions as the Secretary may prescribe. (2) Rejection of offers.--The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (h) Methods of Sale.--The Secretary may sell land under subsection (a) at public or private sale, including at auction, in accordance with such terms, conditions, and procedures as the Secretary determines to be in the best interests of the United States. SEC. 4. DISPOSITION OF FUNDS. (a) Deposit of Proceeds.--The Secretary shall deposit the proceeds of a sale or exchange under section 3(a) in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a). (b) Use of Proceeds.--Funds deposited under subsection (a) shall be available to the Secretary, without further appropriation-- (1) for the acquisition of, construction of, or rehabilitation of existing facilities for, a new ranger station in the Silver Valley portion of the Panhandle National Forest; or (2) to the extent that the amount of funds deposited exceeds the amount needed for the purpose described in paragraph (1), for the acquisition, construction, or rehabilitation of other facilities in the Panhandle National Forest. SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES. The Secretary may acquire, construct, or rehabilitate the ranger station described in section 4(b)(1) and acquire associated land by using-- (1) funds made available under section 4(b); and (2) to the extent the funds are insufficient to carry out the acquisition, construction, or improvement, funds subsequently made available for the acquisition, construction, or improvement. SEC. 6. MISCELLANEOUS PROVISIONS. (a) Nondistribution of Proceeds.--Proceeds from the sale or exchange of land under this Act shall not be paid or distributed to States or counties under any provision of law, or otherwise treated as money received from a national forest, for purposes of-- (1) the Act of May 23, 1908, or the Act of March 1, 1911 (16 U.S.C. 500); or (2) the Act of March 4, 1913 (16 U.S.C. 501). (b) Departmental Regulations.--The Agriculture Property Management Regulations shall not apply to-- (1) any disposition of National Forest System land under this Act; or (2) any other action taken under this Act. (c) Administration of Lands Acquired by the United States.--Land transferred or otherwise acquired by the Secretary under this Act shall be managed in accordance with the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (16 U.S.C. 480 et seq.) and in accordance with the other laws (including regulations) pertaining to the National Forest System. (d) Withdrawals and Revocations.-- (1) Public land orders.--As of the date of this Act, any public land order withdrawing land described in section 3(a) from all forms of appropriation under the public land laws is revoked with respect to any portion of the land conveyed by the Secretary under this section. (2) Withdrawal.--Subject to valid existing rights, all land described in section 3(a) is withdrawn from location, entry, and patent under the mining laws of the United States. SEC. 7. AUTHORIZATION OF APPROPRIATION. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Idaho Panhandle National Forest Improvement Act of 2002 - Authorizes the Secretary of Agriculture to sell or exchange certain National Forest System lands in Idaho, and to use the proceeds to acquire or rehabilitate: (1) facilities for a new ranger station in the Silver Valley area of the Panhandle National Forest; and (2) other facilities in such Forest.Authorizes the Secretary to use other funds if sale or exchange proceeds are insufficient for the acquisition or improvement of the ranger station and associated land.

A bill to authorize the Secretary of Agriculture to sell or exchange all or part of certain parcels of National Forest System land in the State of Idaho and use the proceeds derived from the sale or exchange for National Forest System purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Creation through Energy Efficient Manufacturing Act''. SEC. 2. PURPOSE. The purpose of this Act is to encourage widespread deployment of energy efficiency and onsite renewable energy technologies in manufacturing and industrial facilities throughout the United States through the establishment of a Financing Energy Efficient Manufacturing Program that would-- (1) encourage the widespread availability of financial products and programs with attractive rates and terms that significantly reduce or eliminate upfront expenses to allow manufacturing and industrial businesses to invest in energy efficiency measures, onsite clean and renewable energy systems, smart grid systems, and alternative vehicle fleets by providing credit support, credit enhancement, secondary markets, and other support to originators of the financial products and sponsors of the financing programs; and (2) help building owners to invest in measures and systems that reduce energy costs, in many cases creating a net cost savings that can be realized in the short-term, and may also allow manufacturing and industrial businesses owners to defer capital expenditures, save money to hire new workers, and increase the value, comfort, and sustainability of the property of the owners. SEC. 3. DEFINITIONS. In this Act: (1) Covered program.--The term ``covered program'' means a program to finance energy efficiency retrofit, onsite clean and renewable energy, smart grid, and alternative vehicle fleet projects for industrial businesses. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. SEC. 4. FINANCING ENERGY EFFICIENT MANUFACTURING PROGRAM. (a) Establishment.--The Secretary shall establish a program, to be known as the ``Financing Energy Efficient Manufacturing Program'', under which the Secretary shall provide grants to States to establish or expand covered programs. (b) Applications.-- (1) In general.--A State may apply to the Secretary for a grant under subsection (a) to establish or expand covered programs. (2) Evaluation.--The Secretary shall evaluate applications submitted by States under paragraph (1) on the basis of-- (A) the likelihood that the covered program would-- (i) be established or expanded; and (ii) increase the total investment and energy savings of retrofit projects to be supported; (B) in the case of industrial business efficiency financing initiatives conducted under subsection (c), evidence of multistate cooperation and coordination with lenders, financiers, and owners; and (C) other factors that would advance the purposes of this Act, as determined by the Secretary. (c) Multistate Facilitation.--The Secretary shall consult with States and relevant stakeholders with applicable expertise to establish a process to identify financing opportunities for manufacturing and industrial business with asset portfolios across multiple States. (d) Administration.--A State receiving a grant under subsection (a) shall give a higher priority to covered programs that-- (1) leverage private and non-Federal sources of funding; and (2) aim explicitly to expand the use of energy efficiency project financing using private sources of funding. (e) Davis-Bacon Compliance.-- (1) In general.--All laborers and mechanics employed on projects funded directly by or assisted in whole or in part by this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). (2) Authority.--With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (f) Reports.-- (1) In general.--Not later than 2 years after the date of receipt of a grant under this Act, a State shall submit to the Secretary, the Committee on Energy and Natural Resources of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report that describes the performance of covered programs carried out using the grant funds. (2) Data.-- (A) In general.--A State receiving a grant under this Act, in cooperation with the Secretary, shall-- (i) collect and share data resulting from covered programs carried out under this Act; and (ii) include in the report submitted under paragraph (1) any data collected under clause (i). (B) Department databases.--The Secretary shall incorporate data described in subparagraph (A) into appropriate databases of the Department of Energy, with provisions for the protection of confidential business data. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $250,000,000, to remain available until expended. (b) State Energy Offices.--Funds provided to a State under this Act shall be provided to the office within the State that is responsible for developing the State energy plan for the State under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).

Job Creation through Energy Efficient Manufacturing Act - Requires the Secretary of Energy (DOE) to establish a Financing Energy Efficient Manufacturing Program to provide grants to states to establish or expand programs to finance energy efficiency retrofit, onsite clean and renewable energy, smart grid, and alternative vehicle fleet projects for industrial businesses (covered programs). Defines "state" as a state, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. Requires the Secretary to consult with states and stakeholders to establish a process to identify financing opportunities for manufacturing and industrial business with asset portfolios across multiple states. Requires states that receive such funding to give a higher priority to covered programs that: (1) leverage private and nonfederal sources of funding, and (2) aim to expand the use of energy efficiency project financing using private sources of funding. Requires: (1) states receiving such grants to collect, share, and report on data resulting from covered programs carried out under this Act; and (2) the Secretary to incorporate the data into appropriate DOE databases, with provisions for the protection of confidential business data. Requires grant funds to be provided to the state office responsible for developing the state energy plan under the Energy Policy and Conservation Act.

Job Creation through Energy Efficient Manufacturing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Better Health Centers Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Many health care experts believe that lack of access to basic health services is our Nation's single most pressing health care problem. Nearly 50,000,000 Americans do not have access to a primary care provider, whether they are insured or not. In addition, 43,000,000 Americans lack health insurance and have difficulty accessing care due to the inability to pay for such care. (2) Health centers, including community health centers, migrant health centers, health centers for the homeless, and public housing health centers, address the health care access problem by providing primary care services in thousands of rural and urban medically-underserved communities throughout the United States. (3) Health centers provide basic health care services to nearly 14,000,000 Americans each year, including nearly 9,000,000 minorities, 850,000 farmworkers, and 750,000 homeless individuals. (4) Studies show that health centers provide high-quality and cost-effective health care. The average yearly cost for a health center patient is approximately $1.25 per day. (5) One of the most effective ways to address America's health care access problem is by dramatically expanding access to health centers, as both the Senate and the President have proposed. (6) Many existing health centers operate in facilities that desperately need renovation or modernization. Thirty percent of health centers are located in buildings that are more than 30 years old, with 12 percent of such centers operating out of facilities that are more than 50 years old. In a recent survey of health centers in 11 States, 2/3 of those centers identified a need to improve, expand, or replace their current facility. An extrapolation based on this survey indicates there may be as much as $1,200,000,000 in unmet capital needs in our Nation's health centers. (7) Dramatically increasing access to health centers requires building new facilities in communities that have access problems and lack a health center. (8) Health centers often do not have the means to pay for capital improvements or new facilities. While most health centers raise some funds through private donations, it is difficult to raise sufficient amounts for capital needs without a middle- and upper-class donor base similar to other nonprofit organizations like universities and hospitals. (9) Health centers have a limited ability to support loan payments. Due to an increasing number of uninsured patients and the fact that many health care reimbursements are less than the cost of care, health centers rarely have more than minimal positive operating margins. Yet lenders are rarely willing to take risks on nonprofit organizations without these positive margins. (10) While the Federal Government currently provides grants to health centers to assist with operational expenses used to provide care to a medically-underserved population, there is no authority to provide grants to assist health centers to meet capital needs, such as construction of new facilities or modernization, expansion, or replacement of existing buildings. (11) To assist health centers with their mission of providing health care to the medically underserved, the Federal Government should supplement local efforts to meet the capital needs of health centers. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Health Care Facility Grants and Loan Guarantees.--Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``SEC. 330L. HEALTH CARE FACILITY GRANTS AND LOAN GUARANTEES. ``(a) Eligible Health Center Defined.--In this section, the term `eligible health center' means a health center that receives-- ``(1) a grant, on or after the date of enactment of this section, under subsection (c)(1)(A), (e)(1)(A), (f), (g), (h), or (i) of section 330; or ``(2) a subgrant, on or after the date of enactment of this section, from a grant awarded under such provision of law. ``(b) Grant Program Authorized.-- ``(1) In general.--The Secretary may award grants to eligible health centers to pay for the costs described in paragraph (2). ``(2) Use of funds.--An eligible health center that receives a grant under paragraph (1) may use the grant funds to-- ``(A) modernize, expand, and replace existing facilities at such center; ``(B) construct new facilities at such center; and ``(C) acquire and lease facilities and equipment (including paying the costs of amortizing the principal of, and paying the interest on, loans for such facilities and equipment) to support or further the operation of such center. ``(3) Limitation.-- ``(A) In general.--Subject to subparagraph (B), the Federal share of a grant awarded under paragraph (1) to expand an existing, or construct a new, facility shall not exceed 90 percent of the total cost of the project (including interest payments) proposed by the eligible health center. ``(B) Exception.--The Federal share maximum under subparagraph (A) shall not apply if-- ``(i) the total cost of the project proposed by the eligible health center is less than $750,000; or ``(ii) the Secretary waives such maximum upon a showing of good cause. ``(b) Facility Loan Guarantees.-- ``(1) In general.-- ``(A) In general.--The Secretary shall establish a program under which the Secretary may guarantee not less than 90 percent of the principal and interest on the total amount of loans made to an eligible health center by non-Federal lenders in order to pay for the costs associated with a capital needs project described in subparagraph (B). ``(B) Projects.--Capital needs projects under this subsection include-- ``(i)(I) acquiring, leasing, modernizing, expanding, or replacing existing facilities; ``(II) constructing new facilities; or ``(III) purchasing or leasing equipment; or ``(ii) the costs of refinancing loans made for any of the projects described in clause (i). ``(C) Not a federal subsidy.--Any loan guarantee issued pursuant to this subsection shall not be deemed a Federal subsidy for any other purpose. ``(2) Authority for loan guarantee program.--With respect to the program established under paragraph (1), the Secretary shall assume such authority-- ``(A) as the Secretary has under paragraphs (2) and (4) of section 330; and ``(B) under section 1620 as the Secretary determines is necessary and appropriate. ``(3) Definitions.--In this subsection: ``(A) Facilities.--The term `facilities' means a building or buildings used by a health center, in whole or in part, to provide services permitted under section 330 and for such other purposes as are not specifically prohibited under such section as long as such use furthers the objectives of the health center. ``(B) Non-federal lender.--The term `non-Federal lender' means any entity other than an agency or instrumentality of the Federal Government authorized by law to make loans, including a federally-insured bank, a lending institution authorized or licensed to make loans by the State in which it is located, and a State or municipal bonding authority or such authority's designee. ``(c) Evaluation.--Not later than 3 years after the date of enactment of this section, the Secretary shall prepare a report containing an evaluation of the programs authorized under this section. Such report shall include recommendations on how this section can be improved to better help health centers meet such centers' capital needs in order to expand access to health care in the United States. ``(d) Authorization.--For the purpose of carrying out this section, the Secretary shall use no more than 5 percent of any funds appropriated pursuant to section 330(s) (the subsection relating to authorization of appropriations). In addition, funds appropriated for fiscal years 1997 and 1998 under the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts of 1997 and 1998, which were made available for loan guarantees for loans made by non-Federal lenders for construction, renovation, and modernization of medical facilities that are owned and operated by health centers and which have not been expended, shall be made available for loan guarantees under this section.''. (b) Authorization of Appropriations.--Section 330(s) of the Public Health Service Act (the subsection relating to authorization of appropriations) is amended by striking ``this section'' and inserting ``this section and section 330L''.

Building Better Health Centers Act of 2003 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to provide loan guarantees or make grants to eligible health centers for expansion, new construction, or equipment purchase or lease.Makes certain unexpended funds appropriated for FY's 1997 and 1998 under the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts of 1997 and 1998, which were made available for loan guarantees for loans made by non-Federal lenders for building costs associated with medical facilities owned and operated by health centers, available for loan guarantees under this Act.

A bill to amend part D of title III of the Public Health Service Act to authorize grants and loan guarantees for health centers to enable the centers to fund capital needs projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrity of the United States Courts Act of 2000''. SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL DECISIONS. (a) In General.--Subtitle A of title IV of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended by inserting after section 404 the following new section: ``SEC. 404A. REVIEW OF BINATIONAL PANEL DETERMINATIONS. ``(a) Basis for Review in Court of International Trade.-- ``(1) In general.--If, within 30 days after publication in the Federal Register of notice that a binational panel has issued a determination following a review under article 1904 of a decision of a competent investigating authority in the United States, a party or person within the meaning of paragraph 5 of article 1904 alleges that-- ``(A)(i) the determination of the panel was based on a misinterpretation of United States law; ``(ii) a member of a panel was guilty of a gross misconduct, bias, or a serious conflict of interest, or otherwise materially violated the rules of conduct, ``(iii) the panel seriously departed from a fundamental rule of procedure, or ``(iv) the panel manifestly exceeded its powers, authority, or jurisdiction set out in article 1904, as in failing to apply the appropriate standard of review, and ``(B) any of the actions described in subparagraph (A) has materially affected the panel's decision and threatens the integrity of the binational panel review process, then such party or person may file an appeal with the United States Court of International Trade, seeking review of the binational panel determination, pursuant to section 516A of the Tariff Act of 1930. ``(2) Review in court of international trade where binational panel does not act.--If a request for a panel review has been made under article 1904 and a panel is not convened within 315 days of the request, the Party requesting the panel review or person within the meaning of paragraph 5 of article 1904 may file an appeal of the antidumping or countervailing duty determination with respect to which the request was filed with the United States Court of International Trade. ``(b) Decisions of the Court.-- ``(1) In general.--In any appeal filed under subsection (a)(1) for review of a binational panel determination, the Court of International Trade shall, after examining the legal and factual analysis underlying the findings and conclusions of the panel's decision, determine whether any of the actions described in subsection (a)(1)(A) has been established. If the court finds that any of those actions has been established, the court shall vacate the original panel decision and enter judgment accordingly. If the actions are not established, the court shall affirm the original binational panel decision. Decisions of the Court of International Trade under this section shall be binding on the parties with respect to the matters between the parties that were before the panel. ``(2) Decisions where panel not convened.--In the case of an appeal filed under subsection (a)(2) for review of a determination of a competent investigating authority, the Court of International Trade shall, after examining the legal and factual analysis underlying the findings and conclusions of the investigating authority's determination, determine whether the determination was made in accordance with article 1904. If the court finds that the determination was not in accordance with article 1904 or is not supported by the legal and factual analysis, the court shall vacate the investigating authority's determination and enter judgment accordingly. If the court finds that the determination was in accordance with article 1904 and is supported by the legal and factual analysis, the court shall affirm the investigating authority's determination. Decisions of the Court of International Trade under this section shall be binding on the parties with respect to the matters between the parties that would have been before a panel had the panel been convened. ``(c) Exclusive Jurisdiction.--If a party or person within the meaning of paragraph 5 of article 1904 timely files a notice of appeal to the Court of International Trade pursuant to this section, then jurisdiction exclusively resides with the United States Court of International Trade, and such determinations are not subject to review by an extraordinary challenge committee under paragraph 13 of article 1904. ``(d) Applicability.--Subsections (a)(1), (b)(1), and (c) apply to all goods from NAFTA countries which were subject to an antidumping duty or countervailing duty determination of a competent investigating authority in the United States.''. (b) Conforming Amendment.--The table of contents of the North American Free Trade Implementation Act is amended by inserting after the item relating to section 404 the following: ``Sec. 404A. Review of binational panel determinations.''. SEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE. Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A)(i)(I), by striking ``or (viii)'' and inserting ``(viii), (ix), or (x)''; and (B) in subparagraph (B), by adding at the end the following: ``(ix) A final determination of a binational panel convened pursuant to article 1904 of the NAFTA. ``(x) A final determination of an investigating authority described in section 404A(a)(2) of the North American Free Trade Agreement Implementation Act.''; (2) in subsection (a)(5), in the matter preceding subparagraph (A), by inserting ``(other than a determination described in subsection (g)(3)(A)(vii))'' after ``apply''; and (3) in subsection (g)(3)(A)-- (A) in clause (v), by striking ``or'' at the end; (B) in clause (vi), by striking the period and inserting ``, or''; and (C) by adding at the end the following: ``(vii) a determination of which either a party or person within the meaning of paragraph 5 of article 1904 of the NAFTA has requested review pursuant to section 404A of the North American Free Trade Agreement Implementation Act.''. SEC. 4. APPLICATION TO CANADA AND MEXICO. Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act, the amendments made by this Act shall apply with respect to goods from Canada and Mexico. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to any final determination of a binational panel convened pursuant to article 1904 of the North American Free Trade Agreement or to a final determination of a competent investigating authority with respect to which section 404A(a)(2) of the North American Free Trade Agreement Implementation Act applies, notice of which is published in the Federal Register on or after the date of enactment of this Act.

Amends the Tariff Act of 1930 to grant the U.S. Court of International Trade jurisdiction over the review of a final determination of such a binational panel. Declares that the amendments made by this Act shall apply with respect to goods from Canada and Mexico.

Integrity of the United States Courts Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Canadian River Project Prepayment Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) The term ``Authority'' means the Canadian River Municipal Water Authority, a conservation and reclamation district of the State of Texas. (2) The term ``Canadian River Project Authorization Act'' means the Act entitled ``An Act to authorize the construction, operation, and maintenance by the Secretary of the Interior of the Canadian River reclamation project, Texas'', approved December 29, 1950 (ch. 1183; 64 Stat. 1124). (3) The term ``Project'' means all of the right, title and interest in and to all land and improvements comprising the pipeline and related facilities of the Canadian River Project authorized by the Canadian River Project Authorization Act. (4) The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PREPAYMENT AND CONVEYANCE OF PROJECT. (a) In General.--(1) In consideration of the Authority accepting the obligation of the Federal Government for the Project and subject to the payment by the Authority of the applicable amount under paragraph (2) within the 360-day period beginning on the date of the enactment of this Act, the Secretary shall convey the Project to the Authority, as provided in section 2(c)(3) of the Canadian River Project Authorization Act (64 Stat. 1124). (2) For purposes of paragraph (1), the applicable amount shall be-- (A) $34,806,731, if payment is made by the Authority within the 270-day period beginning on the date of the enactment of this Act; or (B) the amount specified in subparagraph (A) adjusted to include interest on that amount since the date of the enactment of this Act at the appropriate Treasury bill rate for an equivalent term, if payment is made by the Authority after the period referred to in subparagraph (A). (3) If payment under paragraph (1) is not made by the Authority within the period specified in paragraph (1), this Act shall have no force or effect. (b) Financing.--Nothing in this Act shall be construed to affect the right of the Authority to use a particular type of financing. SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS. (a) In General.--Nothing in this Act shall be construed as significantly expanding or otherwise changing the use or operation of the Project from its current use and operation. (b) Future Alterations.--If the Authority alters the operations or uses of the Project it shall comply with all applicable laws or regulations governing such alteration at that time. (c) Recreation.--The Secretary of the Interior, acting through the National Park Service, shall continue to operate the Lake Meredith National Recreation Area at Lake Meredith. (d) Flood Control.--The Secretary of the Army, acting through the Corps of Engineers, shall continue to prescribe regulations for the use of storage allocated to flood control at Lake Meredith as prescribed in the Letter of Understanding entered into between the Corps, the Bureau of Reclamation, and the Authority in March and May 1980. (e) Sanford Dam Property.--The Authority shall have the right to occupy and use without payment of lease or rental charges or license or use fees the property retained by the Bureau of Reclamation at Sanford Dam and all buildings constructed by the United States thereon for use as the Authority's headquarters and maintenance facility. Buildings constructed by the Authority on such property, or past and future additions to Government constructed buildings, shall be allowed to remain on the property. The Authority shall operate and maintain such property and facilities without cost to the United States. SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS. (a) Payment Obligations Extinguished.--Provision of consideration by the Authority in accordance with section 3(b) shall extinguish all payment obligations under contract numbered 14-06-500-485 between the Authority and the Secretary. (b) Operation and Maintenance Costs.--After completion of the conveyance provided for in section 3, the Authority shall have full responsibility for the cost of operation and maintenance of Sanford Dam, and shall continue to have full responsibility for operation and maintenance of the Project pipeline and related facilities. (c) In General.--Rights and obligations under the existing contract No. 14-06-500-485 between the Authority and the United States, other than provisions regarding repayment of construction charge obligation by the Authority and provisions relating to the Project aqueduct, shall remain in full force and effect for the remaining term of the contract. SEC. 6. RELATIONSHIP TO OTHER LAWS. Upon conveyance of the Project under this Act, the Reclamation Act of 1902 (82 Stat. 388) and all Acts amendatory thereof or supplemental thereto shall not apply to the Project. SEC. 7. LIABILITY. Except as otherwise provided by law, effective on the date of conveyance of the Project under this Act, the United States shall not be liable under any law for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Canadian River Project Prepayment Act - Directs the Secretary of the Interior, in consideration of the Canadian River Municipal Water Authority accepting the obligation of the Federal Government for the Canadian River Project, Texas (a water reclamation project), and subject to a specified payment by the Authority, to convey the Project to the Authority as provided under the Canadian River Project Authorization Act. Directs the Secretary, acting through the National Park Service, to continue to operate the Lake Meredith National Recreation Area. Directs the Secretary of the Army, acting through the Corps of Engineers, to continue to prescribe regulations for the use of storage allocated to flood control at Lake Meredith as prescribed in a certain Letter of Understanding. Grants the Authority the right to occupy and use without payment of lease or rental charges or license or user fees the property retained by the Bureau of Reclamation at Sanford Dam for use as a headquarters and maintenance facility. Provides party rights and obligations under current contract obligations and in relationship to other laws.

Canadian River Project Prepayment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paycheck Fairness Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Women have entered the workforce in record numbers. (2) Even in the 1990s, women earn significantly lower pay than men for work on jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions. (3) The existence of such pay disparities-- (A) depresses the wages of working families who rely on the wages of all members of the family to make ends meet; (B) prevents the optimum utilization of available labor resources; (C) has been spread and perpetuated, through commerce and the channels and instrumentalities of commerce, among the workers of the several States; (D) burdens commerce and the free flow of goods in commerce; (E) constitutes an unfair method of competition in commerce; (F) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; and (G) interferes with the orderly and fair marketing of goods in commerce. (4)(A) Artificial barriers to the elimination of discrimination in the payment of wages on the basis of sex continue to exist more than 3 decades after the enactment of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.). (B) Elimination of such barriers would have positive effects, including-- (i) providing a solution to problems in the economy created by unfair pay disparities; (ii) substantially reducing the number of working women earning unfairly low wages, thereby reducing the dependence on public assistance; and (iii) promoting stable families by enabling all family members to earn a fair rate of pay. (5) Only with increased information about the provisions added by the Equal Pay Act of 1963 and generalized wage data, along with more effective remedies, will women recognize and enforce their rights to equal pay for work on jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions. (6) Certain employers have already made great strides in eradicating unfair pay disparities in the workplace and their achievements should be recognized. SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS. (a) Nonretaliation Provision.--Section 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended-- (1) by striking ``or has'' each place it appears and inserting ``has''; and (2) by inserting before the semicolon the following: ``, or has inquired about, discussed, or otherwise disclosed the wages of the employee or another employee''. (b) Enhanced Penalties.--Section 16(b) of such Act (29 U.S.C. 216(b)) is amended-- (1) by inserting after the first sentence the following: ``Any employer who violates section 6(d) shall additionally be liable for such compensatory or punitive damages as may be appropriate.''; (2) in the sentence beginning ``An action to'', by striking ``either of the preceding sentences'' and inserting ``any of the preceding sentences of this subsection''; (3) in the sentence beginning ``No employees shall'', by striking ``No employees'' and inserting ``Except with respect to class actions brought to enforce section 6(d), no employee''; (4) by inserting after such sentence the following: ``Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; and (5) in the sentence beginning ``The court in''-- (A) by striking ``in such action'' and inserting ``in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection''; and (B) by inserting before the period the following: ``, including expert fees''. (c) Action.--Section 16(c) of such Act (29 U.S.C. 216(c)) is amended-- (1) in the first sentence-- (A) by inserting ``or, in the case of a violation of section 6(d), additional compensatory or punitive damages,'' before ``and the agreement''; and (B) by inserting before the period the following: ``, or such compensatory or punitive damages, as appropriate''; (2) in the second sentence, by inserting before the period the following: ``and, in the case of a violation of section 6(d), additional compensatory or punitive damages''; (3) in the third sentence, by striking ``the first sentence'' and inserting ``the first or second sentence''; and (4) in the last sentence, by inserting after ``in the complaint'' the following: ``or becomes a party plaintiff in a class action brought to enforce section 6(d)''. SEC. 4. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Section 705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4) is amended by adding at the end the following new subsection: ``(l)(1) The Commission shall, by regulation, require each employer who has 100 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year to maintain payroll records and to prepare and submit to the Commission reports containing information from the records. The reports shall contain pay information, analyzed by the race, sex, and national origin of the employees. The reports shall not disclose the pay information of an employee in a manner that permits the identification of the employee. ``(2) The third through fifth sentences of section 709(c) shall apply to employers, regulations, and records described in paragraph (1) in the same manner and to the same extent as the sentences apply to employers, regulations, and records described in such section.''. SEC. 5. TRAINING. The Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs, subject to the availability of funds appropriated under section 8(b), shall provide training to Commission employees and affected individuals and entities on matters involving discrimination in the payment of wages. SEC. 6. RESEARCH, EDUCATION, AND OUTREACH. The Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including-- (1) conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities; (2) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the media, and the general public the findings resulting from studies and other materials, relating to eliminating the pay disparities; (3) sponsoring and assisting State and community informational and educational programs; (4) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities; (5) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities; (6) convening a national summit to discuss, and consider approaches for rectifying, the pay disparities; and (7) issuing to employers voluntary pay guidelines for the relative pay ranges of a selection of male- and female- dominated widely held occupations. SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE WORKPLACE. (a) In General.--There is established the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal bearing the inscription ``Robert Reich National Award for Pay Equity in the Workplace''. The medal shall be of such design and materials, and bear such additional inscriptions, as the Secretary may prescribe. (b) Criteria for Qualification.--To qualify to receive an award under this section a business shall-- (1) submit a written application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require, including at a minimum information that demonstrates that the business has made substantial effort to eliminate pay disparities between men and women, and deserves special recognition as a consequence; and (2) meet such additional requirements and specifications as the Secretary determines to be appropriate. (c) Making and Presentation of Award.-- (1) Award.--After receiving recommendations from the Secretary, the President or the designated representative of the President shall annually present the award described in subsection (a) to businesses that meet the qualifications described in subsection (b). (2) Presentation.--The President or the designated representative of the President shall present the award with such ceremonies as the President or the designated representative of the President may determine to be appropriate. (3) Publicity.--A business that receives an award under this section may publicize the receipt of the award and use the award in its advertising, if the business agrees to help other United States businesses improve with respect to the elimination of pay disparities between men and women. (d) Business.--For the purposes of this section, the term ``business'' includes-- (1)(A) a corporation, including a nonprofit corporation; (B) a partnership; (C) a professional association; (D) a labor organization; and (E) a business entity similar to an entity described in any of subparagraphs (A) through (D); (2) an entity carrying out an education referral program, a training program, such as an apprenticeship or management training program, or a similar program; and (3) an entity carrying out a joint program, formed by a combination of any entities described in paragraph (1) or (2). SEC. 8. INCREASED RESOURCES FOR ENFORCEMENT AND EDUCATION. (a) General Resources.-- (1) Equal Employment Opportunity Commission.--There is authorized to be appropriated to the Equal Employment Opportunity Commission, for necessary expenses of the Commission in carrying out title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), and section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)), $36,000,000, in addition to sums otherwise appropriated for such expenses. Any amounts so appropriated shall remain available until expended. (2) Office of Federal Contract Compliance Programs.--There is authorized to be appropriated to the Office of Federal Contract Compliance Programs for necessary expenses of the Office $10,000,000 in addition to sums otherwise appropriated for such expenses. Any amounts so appropriated shall remain available until expended. (b) Targeted Resources.-- (1) Equal Employment Opportunity Commission.--There is authorized to be appropriated to the Equal Employment Opportunity Commission to carry out section 5, $500,000, in addition to sums otherwise appropriated for providing training described in such section. Any amounts so appropriated shall remain available until expended. (2) Office Federal Contract Compliance Programs.--There is authorized to be appropriated to the Office of Federal Contract Compliance Programs to carry out section 5, $500,000, in addition to sums otherwise appropriated for providing training described in such section. Any amounts so appropriated shall remain available until expended. (c) Research, Education, Outreach, and National Award.--There is authorized to be appropriated to the Secretary of Labor to carry out sections 6 and 7, $1,000,000. Any amounts so appropriated shall remain available until expended.

Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) and the Civil Rights Act of 1964 (CRA) to revise and increase remedies and enforcement on behalf of victims of discrimination in the payment of wages on the basis of sex. Amends FLSA to provide for enhanced enforcement of equal pay requirements (also known as the Equal Pay Act of 1963), adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases. Amends CRA to direct the Equal Employment Opportunity Commission (EEOC) to require certain employers to maintain payroll records and report to the EEOC pay information analyzed by race, sex, and national origin of employees. Applies such requirement to employers who have 100 or more employees for each working day in each of 20 or more calendar weeks. Requires EEOC and the Office of Federal Contract Compliance Programs (OFCCP) to train EEOC employees and affected individuals and entities on matters involving discrimination in the payment of wages. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities. Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award. Authorizes appropriations to the EEOC, the OFCCP, and the Secretary to carry out this Act.

Paycheck Fairness Act