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SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Gun Homicide Prevention Act of 2014''. SEC. 2. GRANT PROGRAM REGARDING FIREARMS. (a) Grant Program.-- (1) Authority to make grants.--The Director of the Office of Community Oriented Policing Services of the Department of Justice may make grants to eligible States to assist the State in carrying out the policies, procedures, protocols, laws, or regulations described in subsection (b). (2) Eligible state.--A State shall be eligible to receive grants under this subsection on and after the date on which the Attorney General determines that the State has in effect policies, procedures, protocols, laws, or regulations described in subsection (b). (3) Use of funds.--Funds awarded under this section may be used by a State to assist law enforcement agencies or the courts of the State in carrying out the policies, procedures, protocols, laws, or regulations described in subsection (b). (4) Application.--An eligible State desiring a grant under this section shall submit to the Director of the Office of Community Oriented Policing Services an application at such time, in such manner, and containing or accompanied by such information, as the Director may reasonably require. (b) State Policies and Procedures.--The policies, procedures, protocols, laws, or regulations described in this subsection are policies, procedures, protocols, laws, or regulations relating to the possession or transfer of firearms or ammunition (as those terms are defined in section 921 of title 18, United States Code) that-- (1) impose restrictions and penalties substantially similar to or more comprehensive than those described in paragraphs (8) and (9) of subsection (d) and paragraphs (8) and (9) of subsection (g) of section 922 of title 18, United States Code; (2) requires the seizure or surrender of all firearms and ammunition from an individual-- (A) convicted of any crime for which the restrictions or penalties described in paragraph (1) apply; or (B) against whom any court has issued a protection order, as defined in section 2266(5) of title 18, United States Code; (3) require the State and local courts to consider at the initial appearance before a magistrate of any individual arrested for any crime for which the restrictions or penalties described in paragraph (1) apply, if the individual possesses a firearm or ammunition that has been or is likely to be used to threaten, harass, menace, or harm the victim or the victim's child, or may otherwise pose a danger to the victim or the victim's child and issue a protection order, as defined in section 2266(5) of title 18, United States Code, in which the State or local court shall prohibit the possession of any firearm or ammunition and require the surrender or seizure of any firearm or ammunition then possessed; (4) give State and local law enforcement the authority, consistent with the Constitution of the United States, to seize a firearm or ammunition when responding to domestic violence situations, if there is probable cause to believe-- (A) such firearm or ammunition is contraband or illegally in the possession of the suspected offender; and (B) such firearm or ammunition has been or is likely to be used to threaten, harass, menace, or harm the victim or the victim's child, or may otherwise pose a danger to the victim or the victim's child; and (5) provide for the safe return of any firearm or ammunition seized or surrendered as described in paragraph (2), (3), or (4)-- (A) at such time as-- (i) the restrictions and penalties of paragraph (1) no longer apply to such individual; (ii) the protection order described in paragraph (2) or (3) is no longer in force against such individual; or (iii) the firearm or ammunition described in paragraph (4) is determined not to be contraband or illegally in the suspected offender's possession; and (B) in a manner that does not endanger the safety of persons who were the victim of any crime described in paragraph (1) or suspected crime described in paragraph (4) or who were the persons protected by the protection order described in paragraph (2) or (3). (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Domestic Violence Gun Homicide Prevention Act of 2014 - Authorizes the Director of the Office of Community Oriented Policing Services of the Department of Justice (DOJ) to make grants to assist eligible states in carrying out policies, procedures, protocols, laws, or regulations relating to the possession or transfer of firearms or ammunition that: impose restrictions and penalties substantially similar to or more comprehensive than those applicable to possession by or transfer to persons subject to a court order for stalking-related offenses against an intimate partner or child or persons convicted of a misdemeanor crime of domestic violence; require the seizure or surrender of all firearms and ammunition from an individual convicted of any crime for which any such restrictions or penalties apply or against whom a court has issued a protection order; require state and local courts to consider, at the initial appearance before a magistrate of any individual arrested for any crime for which such restrictions or penalties apply, if the individual possesses a firearm or ammunition that has been or is likely to be used to threaten, harass, or harm the victim or the victim's child or otherwise pose a danger to them and to issue a protection order prohibitting the possession of any firearm or ammunition and require the surrender or seizure of any firearm or ammunition possessed; give state and local law enforcement the authority to seize a firearm or ammunition when responding to specified domestic violence situations, if there is probable cause to believe such firearm or ammunition is contraband or illegally in the possession of the suspected offender and is likely to be used to threaten, harass, menace, or harm, or to otherwise pose a danger to, the victim or the victim's child; and provide for the safe return of any seized or surrendered firearm or ammunition when such restrictions and penalties no longer apply.

Domestic Violence Gun Homicide Prevention Act of 2014

SECTION 1. INCREASE IN MAXIMUM RATES OF BASIC PAY ALLOWABLE. (a) For Members of the Senior Executive Service.--Section 5382(b) of title 5, United States Code, is amended by striking ``level IV'' and inserting ``level II''. (b) For Positions Covered by Section 5376.--Section 5376(b)(1)(B) of title 5, United States Code, is amended by striking ``level IV'' and inserting ``level II''. (c) For Contract Appeals Board Members.--Section 5372a(b)(1) of title 5, United States Code, is amended by striking ``level IV'' and inserting ``level II''. (d) For Positions Covered by Section 5373.--Section 5373 of title 5, United States Code, is amended by striking ``level IV'' and inserting ``level II''. (e) For Positions Covered by Section 5306.--Section 5306 of title 5, United States Code, is amended by striking ``level V'' and inserting ``level II''. SEC. 2. MODIFIED LIMITATIONS ON CERTAIN CASH PAYMENTS. (a) Limitation on Locality-Based Comparability Payments for Senior- Level Positions.--Section 5304(g)(2) of title 5, United States Code, is amended by striking ``level III of the Executive Schedule'' and inserting ``the annual rate of salary under section 104 of title 3''. (b) Limitation on Differentials and Other Cash Payments for Senior- Level Positions.-- (1) In general.--Section 5307 of title 5, United States Code, is amended by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and by inserting after subsection (a) the following: ``(b)(1) In the case of an employee under paragraph (2)-- ``(A) subsection (a) shall be applied-- ``(i) by substituting `the annual rate of salary under section 104 of title 3' for `the annual rate of basic pay payable for level I of the Executive Schedule' in paragraph (1); and ``(ii) by substituting `(other than section 5755)' for `(other than section 5753, 5754, or 5755)' in paragraph (2)(B); and ``(B) subsection (c) shall not be applicable. ``(2) This subsection applies with respect to any employee who-- ``(A) is a member of the Senior Executive Service; ``(B) is a member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; ``(C) holds a position that is subject to section 5372a (relating to contract appeals board members); ``(D) holds a position that is subject to section 5376 (relating to certain senior-level positions); or ``(E) holds the position of an examiner-in-chief or designated examiner-in-chief in the Patent and Trademark Office, Department of Commerce.''. (2) Conforming Amendments.--(A) Section 5307(d) of title 5, United States Code, as amended by paragraph (1), is further amended by striking ``subsection (b)'' each place it appears and inserting ``subsection (c)''. (B) Sections 3152 and 5383(b) of title 5, United States Code, are amended by striking ``5307'' and inserting ``5307(b)''. SEC. 3. EXAMINERS-IN-CHIEF AND DESIGNATED EXAMINERS-IN-CHIEF IN THE PATENT AND TRADEMARK OFFICE. (a) Basic Pay.-- (1) Examiners-in-chief.--Section 3(c) of title 35, United States Code, is amended by striking ``the maximum scheduled rate provided for positions in grade 17 of the General Schedule of the Classification Act of 1949, as amended'' and inserting ``the rate of basic pay payable for level II of the Executive Schedule''. (2) Designated examiners-in-chief.--Section 7(c) of title 35, United States Code, is amended by striking ``the maximum rate of basic pay payable for grade GS-16 of the General Schedule under section 5332 of title 5'' and inserting ``the rate of basic pay payable for level II of the Executive Schedule''. (b) Locality-Based Comparability Payments.--Paragraph (1) of section 5304(h) of title 5, United States Code, is amended by striking ``and'' at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G), and by inserting after subparagraph (E) the following: ``(F) a position specified in section 5102(c)(23) (relating to examiners-in-chief and designated examiners-in-chief in the Patent and Trademark Office, Department of Commerce); and''. (c) Conforming Amendments.--(1)(A) Section 5304(g)(2)(A) of title 5, United States Code, is amended by striking ``(A)-(E)'' and inserting ``(A)-(F)''. (B) Section 5304(h)(2)(B)(i) of section 5304 of title 5, United States Code, is amended by striking ``(A) through (E)'' and inserting ``(A) through (F)''. (2)(A) Section 5304(g)(2)(B) of title 5, United States Code, is amended by striking ``(h)(1)(F)'' and inserting ``(h)(1)(G)''. (B) Section 5304(h)(2)(B)(ii) of title 5, United States Code, is amended by striking ``paragraph (1)(F)'' and inserting ``paragraph (1)(G)''.

Prohibits the pay of such senior-level positions, after locality-based comparability payments, from exceeding the annual salary of the Vice President. Prohibits cash payments to the following Federal employees in a calendar year to the extent that, when added to basic pay, such amount would exceed the annual basic pay under level I of the Executive Schedule: (1) a member of the SES; (2) a member of the Federal Bureau of Investigation and Drug Enforcement Administration SES; (3) contract appeals board members; (4) certain senior-level positions; and (5) examiner-in-chief or designated examiner-in-chief in the Patent and Trademark Office, Department of Commerce. Provides, with respect to such examiners and designated examiners: (1) an increase in the maximum pay rate to Level II of the Executive Schedule; and (2) authorized locality-based comparability payments.

To amend title 5, United States Code, to alleviate the pay-compression problem affecting members of the Senior Executive Service and other senior-level Federal employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deport Convicted Foreign Criminals Act''. SEC. 2. DISCONTINUING GRANTING CERTAIN VISAS TO NATIONALS OF COUNTRY DENYING OR DELAYING ACCEPTING ALIENS. (a) Amendment.--Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) is amended by striking subsection (d). (b) Discontinuing Granting Certain Visas to Nationals of Country Denying or Delaying Accepting Alien.--Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended by adding at the end the following: ``(4) Discontinuing granting certain visas and denying admission to nationals of country denying or delaying accepting aliens.-- ``(A) Discontinuing granting visas.--Except as provided under subparagraph (C), if a country is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to the Congress under subparagraph (E), the Secretary of State may not issue a nonimmigrant visa pursuant to section 101(a)(15)(A) to a citizen, subject, national, or resident of such country until-- ``(i) the Secretary of Homeland Security notifies the Secretary of State that the country should no longer be so listed; or ``(ii) each alien listed in the report with respect to such country has otherwise been removed from the United States. ``(B) Denying admission to nationals and foreign government officials.--Except as provided under subparagraph (C), if a country is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to the Congress under subparagraph (E), the Secretary of Homeland Security, in consultation with the Secretary of State, shall deny admission to any citizen, subject, national, or resident of that country who has received a nonimmigrant visa pursuant to section 101(a)(15)(A). ``(C) Exception.--Subparagraphs (A) and (B) do not apply if the Secretary of State determines that the life or freedom of the visa applicant or individual seeking admission would be threatened in the country listed under subparagraph (E). ``(D) Effect of unauthorized issuance.--Any visa issued in violation of this paragraph shall be null and void. ``(E) Quarterly reports.--Not later than 90 days after the date of the enactment of the Deport Convicted Foriegn Criminals Act, and every 3 months thereafter, the Secretary of Homeland Security shall submit a report to the Congress that-- ``(i) lists all the countries that deny or unreasonably delay the acceptance of at least 10 percent of the total number of aliens who-- ``(I) are physically present in the United States; ``(II) are a citizen, subject, national, or resident of such country; and ``(III) have received a final order of removal; and ``(ii) includes the total number of aliens described under clause (i), organized by-- ``(I) name; ``(II) country; ``(III) detention status; and ``(IV) criminal status. ``(F) Compliance with repatriation.--If the Secretary of Homeland Security determines that a country listed in the quarterly report under subparagraph (E) has accepted each alien listed with respect to that country under subparagraph (E)(ii), the country shall be removed from the list in the next quarterly report submitted under subparagraph (E) and shall not be subject to the sanctions described in this paragraph, unless subparagraph (E) applies to such country with respect to another alien. ``(G) Denies or unreasonably delays.-- ``(i) In general.--Except as provided under clause (ii), in this paragraph, a country `denies or unreasonably delays' the acceptance of an alien who is a citizen, subject, national, or resident of the country if the country does not accept the alien within the removal period. ``(ii) Alien that may not be removed.--For purposes of clause (i), a country does not deny or unreasonably delay the acceptance of an alien who is a citizen, subject, national, or resident of the country if such alien may not be removed pursuant to this section.''. SEC. 3. NOTICE TO STATE AND LOCAL LAW ENFORCEMENT. (a) Notice.-- (1) In general.--As soon as practicable, the Secretary of Homeland Security shall notify the chief law enforcement officer of the State and of the local jurisdiction in which any alien described in paragraph (2) has been detained by the United States is released. (2) Alien described.--An alien is described in this paragraph if the alien-- (A) is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to the Congress under section 241(b)(4)(E) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(4)(E)); or (B) has received a final order of removal under chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) and has not been removed from the United States. (b) Information Contained in Notice.--The notice under subsection (a) shall include the following information, if available, about each alien: (1) Name. (2) Location where the alien is released. (3) Date of release. (4) Country of nationality. (5) Detention status. (6) Criminal history, including probation and parole information.

Deport Convicted Foreign Criminals Act - Amends the the Immigration and Nationality Act to: (1) prohibit issuance of visas to citizens, subjects, nationals, or residents of a country listed in the most recent quarterly delayed repatriation report until the Secretary of Homeland Security (DHS) notifies the Secretary of State that the country is no longer listed, or each alien listed in the report with respect to such country has been removed from the United States; and (2) deny entrance to visa holders who are citizens, subjects, nationals, residents, or government officials of such a country. Directs the Secretary of Homeland Security to notify the chief law enforcement officer of the state and of the local jurisdiction in which an alien who has been detained by the United States is released. Defines "alien" as an individual who: (1) is listed in the most recent quarterly report, or (2) has received a final order of removal and has not been removed from the United States.

To prohibit the issuance of certain visas to nationals of a country that denies or unreasonably delays the repatriation of a national ordered removed from the United States to such country, and for other purposes.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``International Nuclear Fuel for Peace and Nonproliferation Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. TITLE I--INTERNATIONAL REGIME FOR THE ASSURED SUPPLY OF NUCLEAR FUEL FOR PEACEFUL MEANS Sec. 101. Findings. Sec. 102. Sense of Congress. Sec. 103. Statements of policy. Sec. 104. Report. TITLE II--INTERNATIONAL NUCLEAR FUEL BANK Sec. 201. Voluntary contributions to the International Atomic Energy Agency. Sec. 202. Authorization of appropriations. TITLE I--INTERNATIONAL REGIME FOR THE ASSURED SUPPLY OF NUCLEAR FUEL FOR PEACEFUL MEANS SEC. 101. FINDINGS. Congress makes the following findings: (1) Since the United States Baruch Plan of 1946, the United States has believed that an increase in the number of countries that possess nuclear weapons and the means to create such weapons makes the world less secure and stable by increasing the chances that nuclear weapons would be used. A world in which nuclear weapons are used again is less secure for all concerned, and could well trigger a global arms race, as more countries will be tempted to arm themselves with nuclear weapons to prevent attacks by countries that possess nuclear weapons. (2) It is therefore in the general security interest of all countries, and in the vital national security interest of the United States, that the number of countries that possess a nuclear weapons capability necessarily be kept to a minimum and ultimately reduced. (3) Uranium enrichment and spent-fuel reprocessing facilities produce nuclear material that can either be used for peaceful purposes in electricity-generating reactors, or can be used to produce uranium and plutonium for nuclear weapons. As such, these facilities are inherently a proliferation risk, allowing their possessor to be just months away from the production of a nuclear explosive device. (4) It is also therefore in the general security interest of all countries that the number of countries that operate uranium enrichment and spent-fuel reprocessing facilities also be kept to a minimum, consistent with the global demand for nuclear power reactor fuel. (5) The financing and construction of additional uranium enrichment and spent-fuel reprocessing facilities in additional states around the world is indefensible on economic grounds alone, given current and future supplies of uranium and existing providers of uranium enrichment and spent-fuel reprocessing services to the world market. (6) The desire to construct uranium enrichment and spent- fuel reprocessing facilities by additional countries, therefore, is often based upon considerations other than economic calculations. The possession of such facilities is often elevated to a matter of national pride--a demonstration to the world that the country that possesses this technology has arrived at a level of technological development comparable to that of the United States and other countries with advanced civil nuclear power programs. (7) Furthermore, the acquisition of uranium enrichment and spent-fuel reprocessing facilities can be perceived as a demonstration of the developing world's independence from technological domination by the more developed states. Article IV of the Treaty on the Nonproliferation of Nuclear Weapons (21 UST 483; commonly referred to as the ``Nuclear Non- Proliferation Treaty'' or the ``NPT'') recognizes that State Parties have an ``inalienable right . . . to develop research, production and use of nuclear energy for peaceful purposes without discrimination.''. However, this is a qualified right conditioned by a State Party acting in conformity with the NPT's obligation for such countries not to acquire, possess, or develop nuclear weapons or nuclear explosive devices. (8) It has been long recognized that the proliferation of national uranium enrichment and spent-fuel reprocessing facilities would increase the likelihood of the emergence of new nuclear weapon states. Concerned governments, nongovernmental organizations, and individual experts have for decades recognized the need to address this problem through multilateral assurances of the uninterrupted supply of nuclear fuel, the sharing of peaceful application of nuclear energy, an international fuel bank to provide fuel if the fuel supply to a country is disrupted, and even multilateral participation in international uranium enrichment and spent-fuel reprocessing facilities, as a means of reducing incentives of countries to develop and construct such facilities themselves. (9) Until recently, such efforts have produced little more than reports. However, the revelations of a nuclear black- market in uranium enrichment technology and equipment, combined with the attempt by North Korea and Iran to possess such technology and equipment to provide the basis for nuclear weapons programs, have rekindled this debate with a new urgency. (10) Iran has used the specter of a potentially unreliable international supply of nuclear reactor fuel as a pretext for developing its own uranium enrichment and spent-fuel reprocessing capability, which would enable Iran to also produce weapons-grade uranium and plutonium for nuclear weapons. (11) Several initiatives have been proposed over the last year to address these concerns. The United States has proposed the Global Nuclear Energy Partnership (GNEP), which envisions a consortium of countries with advanced nuclear capabilities providing nuclear fuel services--fresh fuel and recovery of used fuel--to other countries that agree to employ nuclear energy only for power generation purposes, without possessing national uranium enrichment and spent-fuel reprocessing facilities. (12) The United States also joined France, the Russian Federation, Germany, the United Kingdom, and the Netherlands on May 31, 2006, in proposing a ``Concept for a Multilateral Mechanism for Reliable Access to Nuclear Fuel'' that would facilitate or create new arrangements between suppliers and recipients to provide fuel to countries with good nonproliferation credentials in case of market failure. (13) Any assurance of the supply of nuclear fuel should meet the condition outlined by President George W. Bush on February 11, 2004, that ``The world's leading nuclear exporters should ensure that states have reliable access at reasonable cost to fuel for civilian reactors, so long as those states renounce enrichment and reprocessing.''. (14) The Russian Federation has proposed that one of its uranium enrichment facilities be placed under international management and oversight, as part of a ``Global Nuclear Power Infrastructure'' proposal to create international nuclear fuel cycle centers. (15) In conclusion, the creation of a multi-tiered system to assure the supply of nuclear reactor fuel at current market prices, under appropriate safeguards and conditions, could reassure countries that are dependent upon or will construct nuclear power reactors that they will have an assured supply of nuclear fuel at current market prices, so long as such countries forgo national uranium enrichment and spent-fuel reprocessing facilities and are committed to the nonproliferation of nuclear weapons. SEC. 102. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the ``Concept for a Multilateral Mechanism for Reliable Access to Nuclear Fuel'', proposed by the United States, France, the Russian Federation, Germany, the United Kingdom, and the Netherlands on May 31, 2006, is welcomed and should be expanded upon at the earliest possible opportunity; (2) the proposal by the Government of the Russian Federation to bring one of its uranium enrichment facilities under international management and oversight is also a welcome development and should be encouraged by the United States; (3) the offer by the Nuclear Threat Institute (NTI) of $50,000,000 in funds to support the creation of an international nuclear fuel bank by the International Atomic Energy Agency (IAEA) is also welcomed, and the United States and other member states of the IAEA should pledge collectively at least an additional $100,000,000 in matching funds to fulfill the NTI proposal; and (4) the governments, organizations, and experts currently engaged in developing the initiatives described in paragraphs (1) through (3) and other initiatives should seek to identify additional incentives to be included in an international regime for the assured supply of nuclear fuel for peaceful means at current market prices, including participation in non-weapons- relevant technology development and fuel leasing to further persuade countries that participation in such a multilateral arrangement far outweighs the temptation and expense of developing national uranium enrichment and plutonium reprocessing facilities. SEC. 103. STATEMENTS OF POLICY. (a) General Statement of Policy.--It is the policy of the United States to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means under multilateral authority, such as the International Atomic Energy Agency. (b) Additional Statement of Policy.--It is further the policy of the United States to-- (1) oppose the development of a capability to produce nuclear weapons by any non-nuclear weapon state, within or outside of the NPT; (2) encourage states party to the NPT to interpret the right to ``develop research, production and use of nuclear energy for peaceful purposes,'' as described in Article IV of the NPT, as being a qualified right that is conditioned by the overall purpose of the NPT to prevent the spread of nuclear weapons and nuclear weapons capability, including by refraining from all nuclear cooperation with any state party that has not demonstrated that it is in full compliance with its NPT obligations, as determined by the International Atomic Energy Agency; and (3) strengthen the Nuclear Suppliers Group guidelines concerning consultation by members regarding violations of supplier and recipient understandings by instituting the practice of a timely and coordinated response by Nuclear Suppliers Group members to all such violations, including termination of nuclear transfers to an involved recipient, that discourage individual Nuclear Suppliers Group members from continuing cooperation with such recipient until such time as a consensus regarding a coordinated response has been achieved. SEC. 104. REPORT. Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the activities of the United States to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means at current market prices under multilateral authority, such as the International Atomic Energy Agency. The report shall include an assessment of the feasibility of establishing an international fuel services center within the United States. TITLE II--INTERNATIONAL NUCLEAR FUEL BANK SEC. 201. VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL ATOMIC ENERGY AGENCY. (a) Voluntary Contributions Authorized.--The President is authorized to make voluntary contributions on a grant basis to the International Atomic Energy Agency (hereinafter in this section referred to as the ``IAEA'') for the purpose of supporting the establishment of an international nuclear fuel bank to maintain a reserve of low-enriched uranium for reactor fuel to provide to eligible countries in the case of a disruption in the supply of reactor fuel by normal market mechanisms. (b) Requirements.--Voluntary contributions under subsection (a) may be provided only if the President certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that-- (1) the IAEA has received pledges in a total amount of not less than $100,000,000 and is in receipt of not less than $75,000,000 of such pledges for the purpose of supporting the establishment of the international nuclear fuel bank referred to in subsection (a); (2) the international nuclear fuel bank referred to in subsection (a) will be established within the territory of a non-nuclear weapon state, and will be under the oversight of the IAEA, only if-- (A) the non-nuclear weapon state, among other things-- (i) has a full scope safeguards agreement with the IAEA and an additional protocol for safeguards in force; (ii) has never been determined by the IAEA Board of Governors to be in noncompliance with its IAEA full scope safeguards agreement and its additional protocol for safeguards; and (iii) has effective enforceable export controls regarding nuclear and dual-use nuclear technology and other sensitive materials comparable to those maintained by the United States; and (B) the Secretary of State has never determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law, that the government of the non-nuclear weapon state has repeatedly provided support for acts of international terrorism; (3) the international nuclear fuel bank referred to in subsection (a) will provide nuclear reactor fuel to a country only if, at the time of the request for nuclear reactor fuel-- (A) the country is in full compliance with its IAEA safeguards agreement and has an additional protocol for safeguards in force; (B) in the case of a country that at any time prior to the request for nuclear reactor fuel has been determined to be in noncompliance with its IAEA safeguards agreement, the IAEA Board of Governors determines that the country has taken all necessary actions to satisfy any concerns of the IAEA Director General regarding the activities that led to the prior determination of noncompliance; (C) the country agrees to use the nuclear reactor fuel in accordance with its IAEA safeguards agreement; (D) the country has effective and enforceable export controls regarding nuclear and dual-use nuclear technology and other sensitive materials comparable to those maintained by the United States; (E) the country does not possess uranium enrichment or spent-fuel reprocessing facilities of any scale; and (F) the government of the country is not a state sponsor of terrorism for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law; (4) the international nuclear fuel bank referred to in subsection (a) will not contain uranium enrichment or spent- fuel reprocessing facilities; and (5) the nuclear reactor fuel referred to in paragraph (3) will be provided to a country referred to in such paragraph only at current market prices. (c) Waiver.--The President may waive the requirement of subparagraph (F) of subsection (b)(3) if the President-- (1) determines that it is important to the national security interests of the United States to do so; and (2) transmits to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains the basis of the determination under paragraph (1). (d) Rule of Construction.--Nothing in this section shall be construed to authorize voluntary contributions under subsection (a) to support subsidization of the price of nuclear reactor fuel whose supply would be assured by the United States, the IAEA, or any other state or international entity covered by this section. SEC. 202. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--To carry out section 201, there is authorized to be appropriated to the President $50,000,000 for fiscal year 2008. (b) Availability of Appropriations.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until September 30, 2010. Passed the House of Representatives June 18, 2007. Attest: LORRAINE C. MILLER, Clerk.

International Nuclear Fuel for Peace and Nonproliferation Act of 2007 - Title I: International Regime for the Assured Supply of Nuclear Fuel for Peaceful Means - (Sec. 103) States that it is U.S. policy to: (1) support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means under multilateral authority, such as the International Atomic Energy Agency (IAEA); (2) oppose the development of a capability to produce nuclear weapons by any non-nuclear weapon state; (3) encourage Nuclear Non-Proliferation Treaty (NPT) states to interpret the right to "develop research, production and use of nuclear energy for peaceful purposes" as a qualified right conditioned by the overall purpose of the NPT to prevent the spread of nuclear weapons and nuclear weapons capability; and (4) strengthen the Nuclear Suppliers Group guidelines concerning consultation by members regarding violations of supplier and recipient understandings by instituting the practice of a timely and coordinated response to such violations, including termination of nuclear transfers to an involved recipient. (Sec. 104) Directs the President to report to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations on U.S. activities to support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means at current market prices under multilateral authority, including an assessment of the feasibility of establishing an international fuel services center within the United States. Title II: International Fuel Bank - (Sec. 201) Authorizes the President to make voluntary grant basis contributions to the IAEA for an international nuclear fuel bank to maintain a low-enriched uranium reserve of reactor fuel for eligible countries. Requires the President, prior to making such contributions, to certify to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations that: (1) the IAEA has received specified monetary pledges for the international nuclear fuel bank; (2) the bank will be established in a nonnuclear weapon state under IAEA oversight; (3) the bank will provide nuclear reactor fuel only to a country that is in full compliance with IAEA and other safeguards, agrees to use the nuclear reactor fuel in accordance with IAEA safeguards, does not operate uranium enrichment or spent-fuel reprocessing facilities, and is not a state sponsor of terrorism (which may be waived by the President for national security reasons); (4) the bank will not contain uranium enrichment or spent-fuel reprocessing facilities; and (5) the nuclear reactor fuel will be provided at current market prices. Authorizes FY2008 appropriations, which shall remain available until September 30, 2010.

To support the establishment of an international regime for the assured supply of nuclear fuel for peaceful means and to authorize voluntary contributions to the International Atomic Energy Agency to support the establishment of an international nuclear fuel bank.

SECTION 1. INCREASE IN AMOUNT OF EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE. (a) Increase in Amount.--Section 16131(b)(1) of title 10, United States Code, is amended-- (1) in subparagraph (A), by striking ``$251'' and inserting ``$600''; (2) in subparagraph (B), by striking ``$188'' and inserting ``$450''; and (3) in subparagraph (C), by striking ``$125'' and inserting ``$300''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to payments of educational assistance allowances under chapter 1606 of title 10, United States Code, made for months beginning on or after that date. SEC. 2. REDUCTION IF RETIREMENT AGE FOR YEARS OF SERVICE IN THE ARMED FORCES BY CERTAIN MEMBERS OF THE NATIONAL GUARD AND RESERVE WHO SERVE ON ACTIVE DUTY AFTER SEPTEMBER 11, 2001. (a) In General.--Section 12731 of title 10, United States Code, is amended-- (1) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) has attained the eligibility age applicable under subsection (f) to that person;''; and (2) by adding at the end the following new subsection: ``(f)(1) Subject to paragraph (2) the eligibility age for purposes of subsection (a)(1) is 60 years of age. ``(2)(A) In the case of a person who as a reserve of the armed forces serves on active duty in Iraq or Afghanistan after September 11, 2001, the eligibility age for purposes of subsection (a)(1) shall be reduced below 60 years of age by six months for each aggregate of 90 days on which such person so serves after such date, subject to subparagraph (B). A day of service may be included in only one aggregate of 90 days for purposes of this subparagraph. ``(B) The eligibility age for purposes of subsection (a)(1) may not be reduced below 50 years of age for any person under subparagraph (A).''. (b) Administration of Related Provisions of Law or Policy.--With respect to any provision of law, or of any policy, regulation, or directive of the executive branch, that refers to a member or former member of the uniformed services as being eligible for, or entitled to, retired pay under chapter 1223 of title 10, United States Code, but for the fact that the member or former member is under 60 years of age, such provision shall be carried out with respect to that member or former member by substituting for the reference to being 60 years of age a reference to having attained the eligibility age applicable under subsection (f) of section 12731 of title 10, United States Code (as added by subsection (a)), to such member or former member for qualification for such retired pay under subsection (a) of that section. (c) Effective Date and Applicability.--The amendment made by subsection (a) shall take effect as of September 11, 2001, and shall apply with respect to applications for retired pay that are submitted under section 12731(a) of title 10, United States Code, on or after the date of the enactment of this Act. SEC. 3. LOCATION OF TREATMENT OF CERTAIN RESERVES REQUIRING TREATMENT FOR WOUNDS OR INJURIES INCURRED ON ACTIVE DUTY. (a) Location of Treatment.-- (1) In general.--If a member of a reserve component of the Armed Forces requires treatment for more than 30 days for a wound or injury incurred on active duty in the Armed Forces, the Secretary of the military department concerned shall transfer such member to a military medical treatment facility, medical facility of the Department of Veterans Affairs, or private medical facility appropriate for the treatment of such wound or injury that is located not more than 30 miles from a location elected by such member for such purpose from among the locations as follows: (A) The hometown of such member. (B) The permanent duty station of such member. (2) Transfers to va facilities.--(A) Any transfer under paragraph (1) to a medical facility of the Department of Veterans Affairs shall be made on a space-available basis at such medical facility. (B) Transfers under paragraph (1) to medical facilities of the Department of Veterans Affairs shall be made in accordance with the terms of a memorandum of agreement entered into by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of this section. (3) Transfers to private facilities.--Any transfer under paragraph (1) to a private medical facility shall be made with the consent of such medical facility. (4) Cost of treatment.--All costs of treatment of a member transferred under paragraph (1) to a medical facility of the Department of Veterans Affairs or private medical facility for the wound or injury for which so transferred shall be borne by the Secretary of the military department concerned. (b) Enhancement of Travel and Transportation for Family Members for Travel Incident to Illness or Injury of Members.--Section 411h of title 37, United States Code, is amended-- (1) in subsection (a), by striking paragraph (3); (2) by striking subsection (c) and inserting the following new subsection (c): ``(c) The amount payable under subsection (a) for travel and transportation of a family member of a member of the uniformed services is the amount as follows: ``(1) During the 180-day period beginning with the commencement of treatment of such member as described in subsection (a), $100 per day for not more than 5 days in each consecutive 30-day period during such 180-day period. ``(2) During the 180-day period beginning at the end of the 180-day period covered by subparagraph (A), $100 per day for not more than 5 days in each consecutive 60-day period during the 180-day period covered by this subparagraph. ``(3) After the 180-day period covered by subparagraph (B), $100 per day for not more than 5 days in each consecutive 90- day period thereafter.''; and (3) in subsection (d), by striking paragraph (3). SEC. 4. TRAVEL AND TRANSPORTATION ALLOWANCE FOR MEMBERS OF THE NATIONAL GUARD TRAVELING LONG DISTANCES FOR DRILL OR ANNUAL TRAINING. (a) Allowances.--Chapter 7 of title 37, United States Code, is amended by inserting after section 408 the following new section: ``Sec. 408a. Travel and transportation allowances: members of the National Guard traveling long-distances for drill or annual training ``(a) Eligibility for Reimbursement.--Under regulations prescribed jointly by the Secretary of the Army and the Secretary of the Air Force, a member of a reserve component of the armed forces who travels more than 50 miles for drill or instruction, or annual training duty, under section 502 of title 32 shall be reimbursed by the applicable Secretary for the costs of such travel. ``(b) Limitation.--The total reimbursement of a member for travel under subsection (a) may not exceed the cost of Government-procured commercial round-trip travel between the locations involved.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 408 the following new item: ``408a. Travel and transportation allowances: members of the National Guard traveling long-distances for drill or annual training.''.

Increases authorized monthly educational assistance amounts for members of the Selected Reserve. Reduces the military retirement eligibility age in the case of a person who serves in the reserves on active duty in Iraq or Afghanistan after September 11, 2001, below 60 years of age by six months for each 90 days that the person so serves. Prohibits such eligibility age from being reduced below 50. Requires that, if a member of the reserves requires treatment for more than 30 days for a wound or injury incurred on active duty, the Secretary of the military department concerned shall transfer such member to a treatment facility that is not more than 30 miles from either the hometown or permanent duty station of the member, as elected by such member. Requires a member of the reserves who travels more than 50 miles for drill, instruction, or annual training duty to be reimbursed for the costs of such travel.

A bill to amend titles 10 and 37, United States Code, to reduce the minimum age of retirement for years of non-regular service for reserves who serve on active duty in Iraq and Afghanistan, to increase the amount of educational assistance for members of the Selected Reserve, and to provide certain other benefits relating to service in the reserve components of the Armed Forces, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Family Priority Act''. SEC. 2. IMMEDIATE RELATIVE DEFINITION. Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended-- (1) by striking ``children, spouses, and parents'' and inserting ``children and spouses''; and (2) by striking ``States, except that'' and all that follows through ``of age.'' and inserting ``States.''. SEC. 3. CHANGE IN FAMILY-SPONSORED IMMIGRANT CATEGORIES. Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read as follows: ``(a) Preference Allocation for Spouses and Children of Permanent Resident Aliens.--Qualified immigrants who are the spouses or children of an alien lawfully admitted for permanent residence shall be allotted visas in a number not to exceed the worldwide level specified in section 201(c).''. SEC. 4. CHANGE IN WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS. Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to-- ``(A) 88,000; minus ``(B) the number computed under paragraph (2).''; (2) by striking paragraphs (2), (3), and (5); and (3) by redesignating paragraph (4) as paragraph (2). SEC. 5. CONFORMING AMENDMENTS. (a) Numerical Limitation to Any Single Foreign State.--Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended-- (1) in subsection (a)(4)-- (A) by amending subparagraphs (A) and (B) to read as follows: ``(A) 75 percent of family-sponsored immigrants not subject to per country limitation.--Of the visa numbers made available under section 203(a) in any fiscal year, 75 percent shall be issued without regard to the numerical limitation under paragraph (2). ``(B) Treatment of remaining 25 percent for countries subject to subsection (e).-- ``(i) In general.--Of the visa numbers made available under section 203(a) in any fiscal year, the remaining 25 percent shall be available, in the case of a foreign state or dependent area that is subject to subsection (e) only to the extent that the total number of visas issued in accordance with subsection (A) to natives of the foreign state or dependent area is less than the subsection (e) ceiling (as defined in clause (ii)). ``(ii) Subsection (e) ceiling defined.--In clause (i), the term `subsection (e) ceiling' means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 203(a) to immigrants who are natives of the state or area consistent with subsection (e).''; and (B) by striking subparagraphs (C) and (D); and (2) in subsection (e)-- (A) in paragraph (1), by adding ``and'' at the end; (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (C) in the final sentence, by striking ``respectively,'' and all that follows through the period at the end and inserting ``respectively.''. (b) Rules for Determining Whether Certain Aliens Are Children.-- Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended by striking ``(a)(2)(A)'' each place such term appears and inserting ``(a)''. (c) Procedure for Granting Immigrant Status.--Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A)(i), by striking ``to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or''; (B) in subparagraph (B), by striking ``203(a)(2)(A)'' and ``203(a)(2)'' each place such terms appear and inserting ``203(a)''; and (C) in subparagraph (D)(i)(I), by striking ``a petitioner for preference status under paragraph (1), (2), or (3)'' and all that follows through the period at the end and inserting ``an individual under 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as appropriate, notwithstanding the actual age of the individual.''; (2) in subsection (f)(1), by striking ``201(b), 203(a)(1), or 203(a)(3), as appropriate.'' and inserting ``201(b).''; and (3) by striking subsection (k). (d) Waivers of Inadmissibility.--Section 212(d)(11) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(11)) is amended by striking ``(other than paragraph (4) thereof)''. (e) Conditional Permanent Resident Status for Certain Alien Spouses and Sons and Daughters.--Section 216(h)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking ``203(a)(2)'' and inserting ``203(a)''. (f) Classes of Deportable Aliens.--Section 237(a)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking ``203(a)(2)'' and inserting ``203(a)''. SEC. 6. NONIMMIGRANT STATUS FOR ALIEN PARENT OF ADULT UNITED STATES CITIZENS. (a) In General.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-- (1) in subparagraph (U), by striking ``or'' at the end; (2) in subparagraph (V), by striking the period at the end and inserting ``or''; and (3) by adding at the end the following: ``(W) Subject to section 214(s), an alien who is a parent of a citizen of the United States, if the citizen is at least 21 years of age.''. (b) Conditions on Admission.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following: ``(s)(1) The initial period of authorized admission for a nonimmigrant described in section 101(a)(15)(W) shall be 5 years. Such period may be extended by the Secretary of Homeland Security so long as the United States citizen son or daughter of the nonimmigrant is residing in the United States. ``(2) A nonimmigrant described in section 101(a)(15)(W) is not authorized to be employed in the United States and is not eligible, notwithstanding any other provision of law, for any Federal, State, or local public benefit. In the case of such a nonimmigrant, the United States citizen son or daughter shall be responsible for the support of the nonimmigrant, regardless of the resources of the nonimmigrant. ``(3) An alien is ineligible to receive a visa and ineligible to be admitted into the United States as a nonimmigrant described in section 101(a)(15)(W) unless the alien provides satisfactory proof that the United States citizen son or daughter has arranged for the provision to the alien, at no cost to the alien, of health insurance coverage applicable during the period of the alien's presence in the United States.''. SEC. 7. EFFECTIVE DATE; APPLICABILITY. The amendments made by this Act shall take effect on the first day of the second fiscal year that begins after the date of the enactment of this Act, except that the following shall be considered invalid: (1) Any petition under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) seeking classification of an alien under a family-sponsored immigrant category eliminated by the amendments made by this Act that is filed after the date of the introduction of this Act. (2) Any application for an immigrant visa based on a petition described in paragraph (1).

Nuclear Family Priority Act Amends the Immigration and Nationality Act to eliminate parents from the definition of "immediate relatives" with respect to those aliens not subject to worldwide immigration levels or numerical limitations. Replaces existing family-sponsored immigrant categories with a single preference allocation for spouses and children of permanent resident aliens. Reduces the number of, and revises the calculation for, fiscal year family-sponsored immigrant entrants. Establishes a nonimmigrant visa category for an alien who is a parent of a U.S. citizen at least 21 years old.

Nuclear Family Priority Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Security and Federal Lands Protection Act''. SEC. 2. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES OF U.S. CUSTOMS AND BORDER PROTECTION RELATED TO BORDER SECURITY. (a) Prohibition on Secretaries of the Interior and Agriculture.-- The Secretary of the Interior or the Secretary of Agriculture shall not impede, prohibit, or restrict activities of U.S. Customs and Border Protection on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture to achieve operational control (as defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367)) over the international land borders of the United States. (b) Authorized Activities of U.S. Customs and Border Protection.-- (1) Authorization.--U.S. Customs and Border Protection shall have immediate access to land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for purposes of conducting the following activities on such land that assist in securing the international land borders of the United States: (A) Construction and maintenance of roads. (B) Construction and maintenance of fences. (C) Use vehicles to patrol. (D) Installation, maintenance, and operation of surveillance equipment and sensors. (E) Use of aircraft. (F) Deployment of temporary tactical infrastructure, including forward operating bases. (c) Clarification Relating to Waiver Authority.-- (1) In general.--Notwithstanding any other provision of law (including any termination date relating to the waiver referred to in this subsection), the waiver by the Secretary of Homeland Security on April 1, 2008, under section 102(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws described in paragraph (2) with respect to certain sections of the international border between the United States and Mexico and between the United States and Canada shall be considered to apply to all land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States for the activities of U.S. Customs and Border Protection described in subsection (b). (2) Description of laws waived.--The laws referred to in paragraph (1) are the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the National Historic Preservation Act (16 U.S.C. 470 et seq.), the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), Public Law 86-523 (16 U.S.C. 469 et seq.), the Act of June 8, 1906 (commonly known as the ``Antiquities Act of 1906'') (16 U.S.C. 431 et seq.), the Act of August 21, 1935 (16 U.S.C. 461 et seq.), the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Farmland Protection Policy Act (7 U.S.C. 4201 et seq.), the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the Wilderness Act (16 U.S.C. 1131 et seq.), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''), the Otay Mountain Wilderness Act of 1999 (Public Law 106-145, 113 Stat. 1711), sections 102(29) and 103 of California Desert Protection Act of 1994 (16 U.S.C. 410aaa et seq.), the National Park Service Organic Act (16 U.S.C. 1 et seq.), Public Law 91- 383 (16 U.S.C. 1a-1 et seq.), sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 (Public Law 95- 625, 92 Stat. 3467), the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101-628), section 10 of the Act of March 3, 1899 (33 U.S.C. 403), the Act of June 8, 1940 (16 U.S.C. 668 et seq.), (25 U.S.C. 3001 et seq.), Public Law 95-341 (42 U.S.C. 1996), Public Law 103-141 (42 U.S.C. 2000bb et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.), the Mineral Leasing Act (30 U.S.C. 181, et seq.), the Materials Act of 1947 (30 U.S.C. 601 et seq.), and the General Mining Act of 1872 (30 U.S.C. 22 note). (d) Protection of Legal Uses.--This section shall not be construed to provide-- (1) authority to restrict legal uses, such as grazing, hunting, or mining, on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture; or (2) any additional authority to restrict legal access to such land. SEC. 3. SUNSET. This Act shall have no force or effect after the end of the 5-year period beginning on the date of enactment of this Act.

National Security and Federal Lands Protection Act - Prohibits the Secretary of the Interior or the Secretary of Agriculture (USDA) from prohibiting or restricting activities on land under their respective jurisdictions by U.S. Customs and Border Protection to achieve operational control over the international land borders of the United States. Grants U.S. Customs and Border Protection access to such lands to conduct the following activities: (1) construction and maintenance of roads and fences; (2) use of patrol vehicles and aircraft; (3) installation, maintenance, and operation of surveillance equipment and sensors; and (4) deployment of temporary tactical infrastructure, including forward operating bases. States that a waiver by the Secretary of Homeland Security (DHS) of specified laws regarding sections of the international border between the United States and Mexico and between the United States and Canada shall apply to all land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States with respect to U.S. Customs and Border Protection activities under this Act. States that this Act shall not be construed to restrict legal use (grazing, hunting, or mining) on, or legal access to, land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture. Terminates this Act five years after enactment.

To prohibit the Secretaries of the Interior and Agriculture from taking action on public lands which impede border security on such lands, and for other purposes.

SECTION 1. EXTENSION AND MODIFICATION OF RESEARCH CREDIT. (a) Extension.--Subsection (h) of section 41 of the Internal Revenue Code of 1986 (relating to credit for research activities) is amended-- (1) by striking ``June 30, 1995'' each place it appears and inserting ``December 31, 1997'', and (2) by striking ``July 1, 1995'' each place it appears and inserting ``January 1, 1998''. (b) Base Amount for Start-up Companies.--Clause (i) of section 41(c)(3)(B) of such Code (relating to start-up companies) is amended to read as follows: ``(i) Taxpayers to which subparagraph applies.--The fixed-base percentage shall be determined under this subparagraph if-- ``(I) the first taxable year in which a taxpayer had both gross receipts and qualified research expenses begins after December 31, 1983, or ``(II) there are fewer than 3 taxable years beginning after December 31, 1983, and before January 1, 1989, in which the taxpayer had both gross receipts and qualified research expenses.''. (c) Election of Alternative Incremental Credit.--Subsection (c) of section 41 of such Code is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Election of alternative incremental credit.-- ``(A) In general.--At the election of the taxpayer, the credit determined under subsection (a)(1) shall be equal to the sum of-- ``(i) 1.65 percent of so much of the qualified research expenses for the taxable year as exceeds 1 percent of the average described in subsection (c)(1)(B) but does not exceed 1.5 percent of such average, ``(ii) 2.2 percent of so much of such expenses as exceeds 1.5 percent of such average but does not exceed 2 percent of such average, and ``(iii) 2.75 percent of so much of such expenses as exceeds 2 percent of such average. ``(B) Election.--An election under this paragraph may be made only for the first taxable year of the taxpayer beginning after June 30, 1995. Such an election shall apply to the taxable year for which made and all succeeding taxable years unless revoked with the consent of the Secretary.'' (d) Increased Credit for Contract Research Expenses With Respect to Certain Research Consortia.--Paragraph (3) of section 41(b) of such Code is amended by adding at the end the following new subparagraph: ``(C) Amounts paid to certain research consortia.-- ``(i) In general.--Subparagraph (A) shall be applied by substituting `80 percent' for `65 percent' with respect to amounts paid or incurred by the taxpayer to a qualified research consortium for qualified research. ``(ii) Qualified research consortium.--The term `qualified research consortium' means any organization described in subsection (e)(6)(B) if-- ``(I) at least 15 unrelated taxpayers paid (during the calendar year in which the taxable year of the taxpayer begins) amounts to such organization for qualified research, ``(II) no 3 persons paid during such calendar year more than 50 percent of the total amounts paid during such calendar year for qualified research, and ``(III) no person contributed more than 20 percent of such total amounts. For purposes of subclause (I), all persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as related taxpayers.'' (e) Conforming Amendment.--Subparagraph (D) of section 28(b)(1) of such Code is amended by striking ``June 30, 1995'' and inserting ``December 31, 1997''. (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years ending after June 30, 1995. (2) Subsections (c) and (d).--The amendments made by subsections (c) and (d) shall apply to taxable years beginning after June 30, 1995.

Amends the Internal Revenue Code to extend through December 31, 1997, the credit for increasing research activities. Modifies the fixed-base percentage for start-up companies. Allows an individual to elect an alternative incremental credit. Makes the election of such credit applicable to the taxable year in which the election is made and for all succeeding taxable years, unless it is revoked with the consent of the Secretary of the Treasury. Increases from 65 percent to 80 percent the amount for contract research expenses with respect to amounts paid or incurred by the taxpayer to qualified research consortia for qualified research.

To amend the Internal Revenue Code of 1986 to extend the research credit, to allow an alternative incremental research credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Market Transparency Reporting of United States Transactions Act of 2007''. SEC. 2. OVER-THE-COUNTER TRANSACTIONS IN NATURAL GAS. (a) Definitions.--Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) is amended by adding at the end the following: ``(34) Included natural gas transaction.--The term `included natural gas transaction' means a contract, agreement, or transaction in natural gas that is entered into-- ``(A) in reliance on the provisions of subsection (g) or (h) of section 2; or ``(B) by use of a domestic technology or software providing direct access to a foreign board of trade.''. (b) Reporting of Excluded Transactions in Natural Gas.--Section 2(g) of such Act (7 U.S.C. 2(g)) is amended-- (1) by striking ``or'' after ``5d,''; (2) by inserting ``, or paragraphs (4) and (5) of this subsection (with respect to any contract, agreement, or transaction in natural gas))'' after ``12(e)(2)''; and (3) by adding at the end the following: ``(4) It shall be a violation of this subsection for any person to enter into any contract, agreement, or transaction in natural gas relying on the exemption provided in this subsection if the person, directly or indirectly, has, obtains, owns, controls, or maintains a position in a contract, agreement, or transaction in natural gas equal to or in excess of such amount as the Commission from time to time shall fix, unless the person files or causes to be filed with the properly designated officer of the Commission such reports as the Commission may require by rule, regulation, or order with respect to any position in any contract, agreement, or transaction in natural gas described in this section. ``(5) Any person entering into any contract, agreement, or transaction relying on the exemption provided in this subsection shall maintain books and records relating to each such transaction, showing complete details of the transactions, positions, inventories, and commitments, including the names and addresses of all persons having any interest therein, for a period of 5 years, in such form as the Commission shall require by rule, regulation, or order. The books and records shall be open for inspection by any representative of the Commission or of the Department of Justice.''. (c) Reporting of Exempt Transactions in Natural Gas.--Section 2(h) of such Act (7 U.S.C. 2(h)) is amended-- (1) in paragraph (2)-- (A) by inserting ``and the persons that enter into such a contract, agreement, or transaction'' after ``subsection''; (B) by striking ``and'' at the end of subparagraph (B); (C) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (D) by adding at the end the following: ``(D) paragraphs (7) and (8) of this section.''; (2) in paragraph (4)-- (A) by inserting ``and the persons that enter into such a contract, agreement, or transaction'' after ``subsection''; (B) by striking ``and'' at the end of subparagraph (C); (C) by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: ``(D) paragraphs (7) and (8) of this section; and''; and (3) by adding at the end the following: ``(7) It shall be a violation of this subsection for any person to enter into any contract, agreement, or transaction in natural gas relying on the exemption provided in this subsection if the person, directly or indirectly, has, obtains, owns, controls, or maintains a position in a contract, agreement, or transaction in natural gas equal to or in excess of such amount as the Commission from time to time shall fix, unless the person files or causes to be filed, or with respect to a contract, agreement, or transaction entered into on an electronic trading facility, the electronic trading facility files or causes to be filed on such person's behalf, with the properly designated officer of the Commission, such reports as the Commission may require by rule, regulation, or order with respect to any position in such contracts, agreements, or transactions in natural gas described in this section. ``(8) Any person entering into any contract, agreement, or transaction in natural gas relying on the exemption provided in this subsection shall maintain books and records relating to each such transaction and showing complete details of such transactions, positions, inventories, and commitments, including the names and addresses of all persons having any interest therein, for a period of 5 years, in such form as the Commission shall require by rule, regulation, or order. The records shall be open for inspection by any representative of the Commission or of the Department of Justice.''. SEC. 3. AUTHORITY TO REQUIRE FILING OF REPORTS. The Commodity Exchange Act (7 U.S.C. 1-25) is amended by inserting after section 4p the following: ``SEC. 4Q. FILING OF REPORTS OF TRANSACTIONS IN NATURAL GAS. ``(a) In General.--The Commission shall establish a reporting system with respect to large positions in included natural gas transactions, as defined in section 1a(34), that a person may, directly or indirectly, have, obtain, own, control, or maintain. ``(b) Required Information.--Such required reports with respect to included natural gas transactions, as defined in section 1(a)(34), shall be in sufficient detail and with sufficient frequency to enable the Commission to assess the overall trading activities, potential market power, and concentration of positions directly or indirectly held, obtained, owned, controlled, or maintained by the largest traders and to assess these factors in relation to the amount of potential deliverable supplies in natural gas directly or indirectly held, obtained, owned, controlled or maintained by the traders and shall enable the Commission to aggregate the positions with respect to the person's separately owned or controlled accounts. ``(c) Confidentiality of Information.--The reports with respect to included natural gas transactions described in subsection (b) shall be subject to section 8. ``(d) Market Transparency.--The Commission shall publish on a regular basis a report or reports with respect to the information reported to it with respect to included natural gas transactions. The report or reports shall include on a summary basis information with respect to aggregate reportable positions held by commercial persons and noncommercial persons and may not reveal the specific identity or size of positions of individual persons. ``(e) Required Rules.--The Commission shall issue rules, regulations, or an order to implement this section within 270 days after the date of the enactment of this section.''. SEC. 4. CRIMINAL AND CIVIL PENALTIES. (a) Civil Money Penalties.--Section 6(c) of the Commodity Exchange Act (7 U.S.C. 9, 15) is amended in clause (3) of the 10th sentence, by striking ``$100,000'' and inserting ``$500,000''. (b) Increase in Penalties.--Section 6c(d)(1) of such Act (7 U.S.C. 13a-1(d)(1)) is amended by striking ``$100,000'' and inserting ``$500,000''. (c) Criminal Penalties.--Section 9(a) of such Act (7 U.S.C. 13) is amended in the matter preceding paragraph (1) by inserting after ``(or'' the following: ``for any violation other than manipulation or attempted manipulation of the price of any commodity in interstate commerce, or for future delivery on or subject to the rules of any registered entity, or the cornering or attempt to corner any such commodity or knowingly to deliver or cause to be delivered for transmission through the mails or interstate commerce by telegraph, telephone, wireless, or other means of communication false, misleading, or knowingly inaccurate reports concerning crop or market information or conditions that affect or tend to affect the price of any commodity in interstate commerce''.

Market Transparency Reporting of United States Transactions Act of 2007 - Amends the Commodity Exchange Act to define "included natural gas transaction" as a contract, agreement, or transaction in natural gas that is entered into: (1) in reliance on the provisions regarding either excluded swap transactions or the legal certainty for certain transaction in exempt commodities; or (2) by use of a domestic technology or software providing direct access to a foreign board of trade. (Thus places natural gas transactions within the jurisdiction of the Commodity Futures Trading Commission (CFTC).) Prescribes recordkeeping and disclosure requirements governing natural gas in swap transactions, positions, inventories and commitments otherwise excluded from CFTC jurisdiction ("over-the-counter transactions"). Requires the CFTC to: (1) establish a reporting system regarding large positions in included natural gas transactions; (2) publish on a regular basis the information reported to it regarding such transactions; and (3) promulgate rules or regulations to implement this Act. Requires the CFTC reporting system to include aggregate reportable positions held by commercial and noncommercial persons. Increases civil money penalties for violations of this Act. Revises criminal penalties.

To enhance transparency of trading in over-the-counter derivatives in natural gas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Small Business Regulatory Assistance Act of 2000''. SEC. 2. PURPOSE. The purpose of this Act is to establish a pilot program to-- (1) provide confidential assistance to small business concerns; (2) provide small business concerns with the information necessary to improve their rate of compliance with Federal regulations; (3) create a partnership among Federal agencies to increase outreach efforts to small business concerns with respect to regulatory compliance; (4) provide a mechanism for unbiased feedback to Federal agencies on the regulatory environment for small business concerns; and (5) utilize the service delivery network of Small Business Development Centers to improve access of small business concerns to programs to assist them with regulatory compliance. SEC. 3. DEFINITIONS. In this Act, the definitions set forth in section 34(a) of the Small Business Act (as added by section 4 of this Act) shall apply. SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM. The Small Business Act (15 U.S.C. 637 et seq.) is amended-- (1) by redesignating section 34 as section 35; and (2) by inserting after section 33 the following new section: ``SEC. 34. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM. ``(a) Definitions.--In this section, the following definitions apply: ``(1) Administrator.--The term `Administrator' means the Administrator of the Small Business Administration. ``(2) Association.--The term `Association' means the association, established pursuant to section 21(a)(3)(A), representing a majority of Small Business Development Centers. ``(3) Participating small business development center.--The term `participating Small Business Development Center' means a Small Business Development Center participating in the pilot program. ``(4) Pilot program.--The term `pilot program' means the pilot program established under this section. ``(5) Regulatory compliance assistance.--The term `regulatory compliance assistance' means assistance provided by a Small Business Development Center to a small business concern to enable the concern to comply with Federal regulatory requirements. ``(6) Small business development center.--The term `Small Business Development Center' means a Small Business Development Center described in section 21. ``(7) State.--The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam. ``(b) Authority.--In accordance with this section, the Administrator shall establish a pilot program to provide regulatory compliance assistance to small business concerns through participating Small Business Development Centers, the Association, and Federal compliance partnership programs. ``(c) Small Business Development Centers.-- ``(1) In general.--In carrying out the pilot program, the Administrator shall enter into arrangements with participating Small Business Development Centers under which such centers will provide-- ``(A) access to information and resources, including current Federal and State nonpunitive compliance and technical assistance programs similar to those established under section 507 of the Clean Air Act Amendments of 1990; ``(B) training and educational activities; ``(C) confidential, free-of-charge, one-on-one, in- depth counseling to the owners and operators of small business concerns regarding compliance with Federal regulations, provided that such counseling is not considered to be the practice of law in a State in which a Small Business Development Center is located or in which such counseling is conducted; ``(D) technical assistance; and ``(E) referrals to experts and other providers of compliance assistance. ``(2) Reports.-- ``(A) In general.--Each participating Small Business Development Center shall transmit to the Administrator a quarterly report that includes-- ``(i) a summary of the regulatory compliance assistance provided by the center under the pilot program; and ``(ii) any data and information obtained by the center from a Federal agency regarding regulatory compliance that the agency intends to be disseminated to small business concerns. ``(B) Electronic form.--Each report referred to in subparagraph (A) shall be transmitted in electronic form. ``(C) Interim reports.--During any time period falling between the transmittal of quarterly reports, a participating Small Business Development Center may transmit to the Administrator any interim report containing data or information considered by the center to be necessary or useful. ``(D) Limitation on disclosure requirements.--The Administrator may not require a Small Business Development Center to disclose the name or address of any small business concern that received or is receiving assistance under the pilot program, except that the Administrator shall require such a disclosure if ordered to do so by a court in any civil or criminal enforcement action commenced by a Federal or State agency. ``(d) Data repository and clearinghouse.-- ``(1) In general.--In carrying out the pilot program, the Administrator, acting through the office of the Associate Administrator for Small Business Development Centers, shall-- ``(A) act as the repository of and clearinghouse for data and information submitted by Small Business Development Centers; and ``(B) transmit to the President and to the Committees on Small Business of the Senate and House of Representatives an annual report that includes-- ``(i) a description of the types of assistance provided by participating Small Business Development Centers under the pilot program; ``(ii) data regarding the number of small business concerns that contacted participating Small Business Development Centers regarding assistance under the pilot program; ``(iii) data regarding the number of small business concerns assisted by participating Small Business Development Centers under the pilot program; ``(iv) data and information regarding outreach activities conducted by participating Small Business Development Centers under the pilot program, including any activities conducted in partnership with Federal agencies; ``(v) data and information regarding each case known to the Administrator in which one or more Small Business Development Centers offered conflicting advice or information regarding compliance with a Federal regulation to one or more small business concerns; and ``(vi) any recommendations for improvements in the regulation of small business concerns. ``(e) Eligibility.-- ``(1) In general.--A Small Business Development Center shall be eligible to receive assistance under the pilot program only if the center is certified under section 21(k)(2). ``(2) Waiver.--With respect to a Small Business Development Center seeking assistance under the pilot program, the Administrator may waive the certification requirement set forth in paragraph (1) if the Administrator determines that the center is making a good faith effort to obtain such certification. ``(3) Effective date.--This subsection shall take effect on October 1, 2000. ``(f) Selection of Participating Centers.-- ``(1) In general.--In consultation with the Association and giving substantial weight to the Association's recommendations, the Administrator shall select two Small Business Development Centers from each of the following groups of States to participate in the pilot program, except that the Administrator may not select two Small Business Development Centers from the same State: ``(A) Group 1: Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. ``(B) Group 2: New York, New Jersey, Puerto Rico, and the Virgin Islands. ``(C) Group 3: Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. ``(D) Group 4: Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. ``(E) Group 5: Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. ``(F) Group 6: Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. ``(G) Group 7: Missouri, Iowa, Nebraska, and Kansas. ``(H) Group 8: Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. ``(I) Group 9: California, Guam, Hawaii, Nevada, and Arizona. ``(J) Group 10: Washington, Alaska, Idaho, and Oregon. ``(2) Deadline for selection.--The Administrator shall make selections under this subsection not later than 60 days after promulgation of regulations under section 4. ``(g) Matching Not Required.--Subparagraphs (A) and (B) of section 21(a)(4) shall not apply to assistance made available under the pilot program. ``(h) Evaluation and Report.--Not later than 3 years after the establishment of the pilot program, the Comptroller General of the United States shall conduct an evaluation of the pilot program and shall transmit to the Administrator and to the Committees on Small Business of the Senate and House of Representatives a report containing the results of the evaluation along with any recommendations as to whether the pilot program, without or without modification, should be extended to include the participation of all Small Business Development Centers. ``(i) Limitation on Use of Funds.--The Administrator may carry out the pilot program only with amounts appropriated in advance specifically to carry out this section.''. SEC. 5. PROMULGATION OF REGULATIONS. After providing notice and an opportunity for comment and after consulting with the Association (but not later than 180 days after the date of the enactment of this Act), the Administrator shall promulgate final regulations to carry out this Act, including regulations that establish-- (1) priorities for the types of assistance to be provided under the pilot program; (2) standards relating to educational, technical, and support services to be provided by participating Small Business Development Centers; (3) standards relating to any national service delivery and support function to be provided by the Association under the pilot program; and (4) standards relating to any work plan that the Administrator may require a participating Small Business Development Center to develop. Passed the House of Representatives September 26, 2000. Attest: JEFF TRANDAHL, Clerk.

Directs the Administrator to contract with the Association to: (1) act as the repository of and clearinghouse for data and information submitted by Centers; and (2) transmit annual assistance reports to the President, the Small Business and Agriculture Regulatory Enforcement Ombudsman, and the congressional small business committees. Requires the Administrator, giving substantial weight to the Association's recommendations, to select two Centers from each of ten groups of States for participation in the pilot program.

National Small Business Regulatory Assistance Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Response Employees Disease Protection Act of 2000''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Hepatitis C is a blood-borne pathogen that is a major cause of chronic liver disease. According to the American Liver Foundation, approximately 1.8 percent of the general population is infected with the disease. (2) There is no known cure for hepatitis C. (3) Emergency response employees and volunteers of units of local government (such as firefighters, paramedics, and emergency medical technicians) are at high risk of contracting the disease due to the unique nature of their jobs. (4) The only emergency response organization that has a comprehensive program to test all of its members for hepatitis C is Local 22 of the International Association of Fire Fighters, representing the firefighters of the City of Philadelphia. (5) According to these tests, 130 of 2,100 firefighters tested positive for the disease, which is approximately 6 percent of those tested. (6) The City of Philadelphia recently made a decision to commit $3,000,000 each year to provide treatment for 200 employees infected with the disease. Philadelphia is the only major city to devote such resources to the epidemic of hepatitis C among emergency response employees. (7) The Federal government should provide for a study to determine the prevalence of hepatitis C among firefighters, paramedics, and emergency medical technicians who are employees or volunteers of units of local government, and should provide for demonstration projects to provide training, testing, and treatment regarding cases of the disease among such employees and volunteers. SEC. 3. STUDY AND DEMONSTRATION PROJECTS REGARDING CASES OF HEPATITIS C AMONG CERTAIN EMERGENCY RESPONSE EMPLOYEES. (a) Study Regarding Prevalence Among Certain Emergency Response Employees.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in consultation with the Secretary of Labor, shall conduct a study to determine-- (A) an estimate of the prevalence of hepatitis C among designated emergency response employees in the United States; and (B) the likely means through which such employees become infected with such disease in the course of performing their duties as such employees. (2) Designated emergency response employees.--For purposes of this section, the term ``designated emergency response employees'' means firefighters, paramedics, and emergency medical technicians who are employees or volunteers of units of local government. (3) Date certain for completion; report to congress.--The Secretary shall commence the study under paragraph (1) not later than 90 days after the date of the enactment of this Act. Not later that one year after such date, the Secretary shall complete the study and submit to the Congress a report describing the findings of the study. (b) Demonstrations Projects Regarding Training and Treatment.-- (1) In general.--The Secretary, in consultation with the Secretary of Labor, shall make grants to qualifying local governments for the purpose of carrying out demonstration projects that (directly or through arrangements with nonprofit private entities) carry out each of the following activities: (A) Training designated emergency response employees in minimizing the risk of infection with hepatitis C in performing their duties as such employees. (B) Testing such employees for infection with the disease. (C) Treating the employees for the disease. (2) Qualifying local governments.--For purposes of this section, the term ``qualifying local government'' means a unit of local government whose population of designated emergency response employees has a prevalence of hepatitis C that is not less than 200 percent of the national average for the prevalence of such disease in such populations. (3) Confidentiality.--A grant may be made under paragraph (1) only if the qualifying local government involved agrees to ensure that information regarding the testing or treatment of designated emergency response employees pursuant to the grant is maintained confidentially in a manner not inconsistent with applicable law. (4) Evaluations.--The Secretary shall provide for an evaluation of each demonstration project under paragraph (1) in order to determine the extent to which the project has been effective in carrying out the activities described in such paragraph. (5) Report to congress.--Not later than 180 days after the date on which all grants under paragraph (1) have been expended, the Secretary shall submit to the Congress a report providing-- (A) a summary of evaluations under paragraph (4); and (B) the recommendations of the Secretary for administrative or legislative initiatives regarding the activities described in paragraph (1). (c) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $10,000,000 for fiscal year 2001.

Directs the Secretary to make grants to qualifying local governments for purposes of carrying out demonstration projects that: (1) train such employees in minimizing the risk of infection of hepatitis C in performing their duties; and (2) test such employees for infection with, and treat them for, the disease. Defines "qualifying local government" as a local government whose population of designated emergency response employees has a prevalence of hepatitis C that is not less than 200 percent of the national average for the prevalence of such disease in such populations. Conditions such grants on the local government maintaining confidentiality of information regarding testing or treatment. Requires the Secretary to report to Congress on evaluations of such projects and provide recommendations for administrative or legislative initiatives regarding project activities. Authorizes appropriations.

Emergency Response Employees Disease Protection Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Day Care Health and Safety Improvement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) of the 21,000,000 children under age 6 in the United States, almost 13,000,000 spend some part of their day in child care; (2) a review of State child care regulations in 47 States found that more than half of the States had inadequate standards or no standards for \2/3\ of the safety topics reviewed; (3) a research study conducted by the Consumer Product Safety Commission in 1998 found that \2/3\ of the 200 licensed child care settings investigated in the study exhibited at least 1 of 8 safety hazards investigated, including insufficient child safety gates, cribs with soft bedding, and unsafe playground surfacing; (4) compliance with recently published voluntary national safety standards developed by public health and pediatric experts was found to vary considerably by State, and the States ranged from a 20 percent to a 99 percent compliance rate; (5) in 1997, approximately 31,000 children ages 4 and younger were treated in hospital emergency rooms for injuries in child care or school settings; (6) the Consumer Product Safety Commission reports that at least 56 children have died in child care settings since 1990; (7) the American Academy of Pediatrics identifies safe facilities, equipment, and transportation as elements of quality child care; and (8) a research study of 133 child care centers revealed that 85 percent of the child care center directors believe that health consultation is important or very important for child care centers. SEC. 3. DEFINITIONS. In this Act: (1) Child with a disability; infant or toddler with a disability.--The terms ``child with a disability'' and ``infant or toddler with a disability'' have the meanings given the terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). (2) Eligible child care provider.--The term ``eligible child care provider'' means a provider of child care services for compensation, including a provider of care for a school-age child during non-school hours, that-- (A) is licensed, regulated, registered, or otherwise legally operating, under State and local law; and (B) satisfies the State and local requirements, applicable to the child care services the provider provides. (3) Family child care provider.--The term ``family child care provider'' means 1 individual who provides child care services for fewer than 24 hours per day, as the sole caregiver, and in a private residence. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) State.--The term ``State'' means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $200,000,000 for fiscal year 2001 and such sums as may be necessary for each subsequent fiscal year. SEC. 5. PROGRAMS. The Secretary shall make allotments to eligible States under section 6. The Secretary shall make the allotments to enable the States to establish programs to improve the health and safety of children receiving child care outside the home, by preventing illnesses and injuries associated with that care and promoting the health and well- being of children receiving that care. SEC. 6. AMOUNTS RESERVED; ALLOTMENTS. (a) Amounts Reserved.--The Secretary shall reserve not more than \1/2\ of 1 percent of the amount appropriated under section 4 for each fiscal year to make allotments to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands to be allotted in accordance with their respective needs. (b) State Allotments.-- (1) General rule.--From the amounts appropriated under section 4 for each fiscal year and remaining after reservations are made under subsection (a), the Secretary shall allot to each State an amount equal to the sum of-- (A) an amount that bears the same ratio to 50 percent of such remainder as the product of the young child factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States; and (B) an amount that bears the same ratio to 50 percent of such remainder as the product of the school lunch factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States. (2) Young child factor.--In this subsection, the term ``young child factor'' means the ratio of the number of children under 5 years of age in a State to the number of such children in all States, as provided by the most recent annual estimates of population in the States by the Census Bureau of the Department of Commerce. (3) School lunch factor.--In this subsection, the term ``school lunch factor'' means the ratio of the number of children who are receiving free or reduced price lunches under the school lunch program established under the National School Lunch Act (42 U.S.C. 1751 et seq.) in the State to the number of such children in all States, as determined annually by the Department of Agriculture. (4) Allotment percentage.-- (A) In general.--For purposes of this subsection, the allotment percentage for a State shall be determined by dividing the per capita income of all individuals in the United States, by the per capita income of all individuals in the State. (B) Limitations.--If an allotment percentage determined under subparagraph (A) for a State-- (i) is more than 1.2 percent, the allotment percentage of the State shall be considered to be 1.2 percent; and (ii) is less than 0.8 percent, the allotment percentage of the State shall be considered to be 0.8 percent. (C) Per capita income.--For purposes of subparagraph (A), per capita income shall be-- (i) determined at 2-year intervals; (ii) applied for the 2-year period beginning on October 1 of the first fiscal year beginning after the date such determination is made; and (iii) equal to the average of the annual per capita incomes for the most recent period of 3 consecutive years for which satisfactory data are available from the Department of Commerce on the date such determination is made. (c) Data and Information.--The Secretary shall obtain from each appropriate Federal agency, the most recent data and information necessary to determine the allotments provided for in subsection (b). (d) Definition.--In this section, the term ``State'' includes only the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. SEC. 7. STATE APPLICATIONS. To be eligible to receive an allotment under section 6, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application shall contain information assessing the needs of the State with regard to child care health and safety, the goals to be achieved through the program carried out by the State under this Act, and the measures to be used to assess the progress made by the State toward achieving the goals. SEC. 8. USE OF FUNDS. (a) In General.--A State that receives an allotment under section 6 shall use the funds made available through the allotment to carry out 2 or more activities consisting of-- (1) providing training and education to eligible child care providers on preventing injuries and illnesses in children, and promoting health-related practices; (2) strengthening licensing, regulation, or registration standards for eligible child care providers; (3) assisting eligible child care providers in meeting licensing, regulation, or registration standards, including rehabilitating the facilities of the providers, in order to bring the facilities into compliance with the standards; (4) enforcing licensing, regulation, or registration standards for eligible child care providers, including holding increased unannounced inspections of the facilities of those providers; (5) providing health consultants to provide advice to eligible child care providers; (6) assisting eligible child care providers in enhancing the ability of the providers to serve children with disabilities and infants and toddlers with disabilities; (7) conducting criminal background checks for eligible child care providers and other individuals who have contact with children in the facilities of the providers; (8) providing information to parents on what factors to consider in choosing a safe and healthy child care setting; or (9) assisting in improving the safety of transportation practices for children enrolled in child care programs with eligible child care providers. (b) Supplement, Not Supplant.--Funds appropriated pursuant to the authority of this Act shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide services for eligible individuals. SEC. 9. REPORTS. Each State that receives an allotment under section 6 shall annually prepare and submit to the Secretary a report that describes-- (1) the activities carried out with funds made available through the allotment; and (2) the progress made by the State toward achieving the goals described in the application submitted by the State under section 7.

Requires the Secretary of Health and Human Services to make allotments to States and territories to enable them to establish programs to improve the health and safety of children receiving child care outside the home by preventing illnesses and injuries associated with such care and promoting the health and well-being of such children. Sets forth an allotment formula. Requires States to submit applications to the Secretary in order to be eligible for an allotment. Describes activities to be carried out by States through the use of such allotments.

Children's Day Care Health and Safety Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Saffron Revolution Support Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Beginning on August 19, 2007, hundreds of thousands of citizens of Burma, including thousands of Buddhist monks and students, participated in peaceful demonstrations against rapidly deteriorating living conditions and the violent and repressive policies of the State Peace and Development Council (SPDC), the ruling military junta in Burma, to-- (A) demand the release of all political prisoners, including Nobel Peace Prize laureate Aung San Suu Kyi; and (B) urge the SPDC to engage in meaningful dialogue to pursue national reconciliation. (2) The SPDC, in a display of brutal barbarism, violently confronted unarmed demonstrators, killing, injuring, and imprisoning citizens, including several thousand Buddhist monks, and continued to forcefully restrict peaceful forms of public expression. (3) The Department of State's 2006 Reports on Human Rights Practices found that the SPDC-- (A) routinely restricts freedoms of speech, press, assembly, association, religion, and movement; (B) traffics in persons; (C) discriminates against women and ethnic minorities; (D) forcibly recruits child soldiers and child labor; and (E) commits other serious violations of human rights, including extrajudicial killings, custodial deaths, disappearances, rape, torture, abuse of prisoners and detainees, and the imprisonment of citizens arbitrarily for political motives. (4) Aung San Suu Kyi has been arbitrarily imprisoned or held under house arrest for more than 12 years. (5) The President announced on September 25, 2007, that the United States would tighten economic sanctions against Burma, and block property and interests in property of certain senior leaders of the SPDC, individuals who provide financial backing for the SPDC, and individuals responsible for violations of human rights and for impeding the transition to democracy in Burma. (6) The President also announced on September 25, 2007, that the United States would impose an expanded visa ban on individuals-- (A) responsible for violations of human rights; and (B) who aid, abet, or benefit from the SPDC's efforts to impede the efforts of the people of Burma to transition to democracy and ensure respect for human dignity. (7) The Total Oil Corporation of France and the Chevron Corporation of the United States own a significant stake in Burma's Yadana natural gas field and pipeline and generate millions of dollars in revenue that help the repressive junta government maintain its grasp on power. (8) Burma is home to approximately 60 percent of the world's native teak reserves. More than one quarter of the world's internationally traded teak originates from Burma, and hardwood sales, mainly of teak, represent more than 11 percent of Burma's official foreign exchange earnings. (9) Burma officially exports tens of millions of dollars worth of rubies, sapphires, pearls, jade, and other precious stones each year and the SPDC owns a majority stake in all mining operations within the borders of Burma. (10) On October 11, 2007, the United Nations Security Council, with the consent of China, issued a statement condemning the violence in Burma, urging the release of all political prisoners, and calling on the SPDC to enter into a United Nations-mediated dialogue with its political opposition. (11) The leaders of the SPDC will have a greater incentive to cooperate with diplomatic efforts by the United Nations, the Association of Southeast Asian Nations, and China if they come under targeted economic pressure that denies them access to personal wealth and sources of revenue. SEC. 3. DEFINITIONS. In this Act: (1) Account; correspondent account; payable-through account.--The terms ``account'', ``correspondent account'', and ``payable-through account'' have the meanings given the terms in section 5318A(e)(1) of title 31, United States Code. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (3) Person.--The term ``person'' means-- (A) an individual, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group; and (B) any successor, subunit, or subsidiary of any person described in subparagraph (A). (4) SPDC.--The term ``SPDC'' means the State Peace and Development Council. (5) United states person.--The term ``United States person'' means-- (A) an individual who is a citizen of the United States or who owes permanent allegiance to the United States; and (B) a person that is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if individuals described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such entity. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States to-- (1) condemn the continued repression carried out by the SPDC; (2) support the legitimate democratic aspirations of the people of Burma; (3) provide all appropriate support and assistance to aid a transition to democracy in Burma; and (4) hold accountable individuals responsible for the repression of peaceful political activity in Burma. SEC. 5. SANCTIONS. (a) List of Officials of the SPDC.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of-- (A) officials of the SPDC who play or have played a direct and substantial role in the repression of peaceful political activity in Burma or in the commission of other human rights abuses, including any current or former officials of the security services and judicial institutions of the SPDC; and (B) any other Burmese persons who provide substantial economic and political support for the SPDC. (2) Updates.--The President shall regularly update and submit the list required by paragraph (1). (b) Sanctions.-- (1) Visa ban.--A person included on the list required under subsection (a) shall be ineligible for a visa to enter the United States. (2) Financial sanctions.-- (A) Blocked property.--No property or interest in property belonging to a person described in subparagraph (C) may be transferred, paid, exported, withdrawn, or otherwise dealt with, if-- (i) the property is located in the United States or within the possession or control of a United States person, including the overseas branch of a United States person; or (ii) after the date of the enactment of this Act, the property comes within the possession or control of a United States person. (B) Financial transactions.--No United States person may engage in a financial transaction with a person described in subparagraph (C). (C) Person described.--A person described in this subparagraph is one of the following: (i) The SPDC. (ii) A person included on the list required under subsection (a). (iii) An immediate family member of a person included on the list required under subsection (a), if the President determines that the person included on the list-- (I) for purposes of subparagraph (A), effectively controls the property; or (II) for purposes of subparagraph (B), would benefit from a financial transaction. (c) Authority for Additional Banking Sanctions.-- (1) In general.--The Secretary of the Treasury may, in consultation with the Secretary of State, the Attorney General of the United States, and the Chairman of the Board of Governors of the Federal Reserve System, prohibit or impose conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by any financial institution (as that term is defined in section 5312 of title 31, United States Code) or financial agency that is organized under the laws of a State, territory, or possession of the United States, for or on behalf of a foreign banking institution, if the Secretary determines that the account might be used-- (A) by a foreign banking institution that holds property or an interest in property belonging to a person on the list required under subsection (a); or (B) to conduct a transaction on behalf of a person on the list required under subsection (a). (2) Authority to define terms.--The Secretary of the Treasury may, by regulation, further define the terms used in paragraph (1) for purposes of this section, as the Secretary deems appropriate. (d) Termination of Sanctions.--The sanctions imposed under subsection (b) or (c) shall apply until the President determines and certifies to the appropriate congressional committees that the SPDC has-- (1) unconditionally released all political prisoners, including Aung San Suu Kyi and other members of the National League for Democracy; (2) entered into a substantive dialogue with democratic forces led by the National League for Democracy and the ethnic minorities of Burma on transitioning to democratic government under the rule of law; and (3) allowed humanitarian access to populations affected by armed conflict in all regions of Burma. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 6. PROHIBITION ON IMPORTATION OF BURMESE GEMS, HARDWOODS, AND OTHER ITEMS. Section 3(a)(1) of the Burmese Freedom and Democracy Act of 2003 (50 U.S.C. 1701 note) is amended by striking ``a product of Burma.'' and inserting ``produced, mined, manufactured, grown, or assembled in Burma, including-- ``(A) any gemstone or rough unfinished geological material mined or extracted from Burma, whether imported as a loose item or as a component of a finished piece of jewelry; and ``(B) any teak or other hardwood timber, regardless of the country in which such hardwood timber is milled, sawn, or otherwise processed, whether imported in unprocessed form or as a part or component of finished furniture or another wood item.''. SEC. 7. PROHIBITION ON INVESTMENT BY UNITED STATES PERSONS IN BURMA. (a) In General.--Notwithstanding any other provision of law, no United States person may invest in Burma. (b) Applicability.--The prohibition on investment under subsection (a) includes a prohibition on-- (1) investments in Burma based on investment agreements reached prior to May 20, 1997; (2) approval or other facilitation by a United States person of an investment by a foreign person if the investment would violate the prohibition in subsection (a) if made by a United States person; and (3) payments to the SPDC by a United States person related to divesting assets in Burma to comply with subsection (a). (c) Penalties.--The Secretary of the Treasury may impose a penalty under section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) on a United States person that violates the prohibition under subsection (a). SEC. 8. GRANTS TO ESTABLISH DATABASE OF HUMAN RIGHTS ABUSES. The Secretary of State may award grants to nongovernmental organizations, universities, and other organizations to establish a searchable Internet database that contains evidence of human rights abuses carried out by the SPDC or persons associated with the SPDC. SEC. 9. SUPPORT FOR DEMOCRACY IN BURMA. (a) In General.--The President is authorized to use all available resources to assist Burmese democracy activists who are dedicated to nonviolent opposition to the SPDC in their efforts to promote freedom, democracy, and human rights in Burma. (b) Authorization of Appropriations.--There are authorized to be appropriated $20,000,000 to the Secretary of State for each of the fiscal years 2008 and 2009 for the following purposes: (1) Aid to democracy activists in Burma. (2) Aid to individuals and groups conducting democracy programming outside of Burma targeted at a transition to democracy inside Burma. (3) The expansion of radio and television broadcasting into Burma. (4) Support for individuals and groups compiling evidence of-- (A) the SPDC's efforts to repress peaceful political activity; and (B) the commission of other human rights abuses by the SPDC. SEC. 10. SENSE OF CONGRESS ON USE OF INTELLIGENCE ASSETS. It is the sense of Congress that the Director of National Intelligence should utilize appropriate intelligence resources to identify persons responsible for-- (1) the crackdown sponsored by the SPDC against peaceful protestors that began August 19, 2007; and (2) ongoing gross abuses of human rights against civilians in Burma. SEC. 11. REPORT ON MILITARY AID TO BURMA. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report containing a list of countries that provide military aid to Burma and describing the military aid provided by each such country. (b) Military Aid Defined.--For the purposes of this section, the term ``military aid'' includes-- (1) the provision of weapons, military vehicles, and military aircraft; (2) the provision of military training; and (3) conducting joint military exercises. (c) Form.--The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.

Saffron Revolution Support Act of 2007 - States that it is U.S. policy to: (1) support the democratic aspirations of Burma's people; (2) condemn the repression carried out by the State Peace and Development Council (SPDC); and (3) hold accountable individuals responsible for the repression of peaceful political activity in Burma. Directs the President to submit to the appropriate congressional committees a list of: (1) SPDC officials who play or have played a substantial role in political repression in Burma or in the commission of human rights abuses; and (2) other Burmese SPDC supporters. Subjects persons so identified to U.S. entry prohibition and financial sanctions (blocked property, financial transaction prohibitions, and banking sanctions). Terminates such prohibitions upon a presidential certification to the committees that the SPDC has: (1) released all political prisoners, including Aung San Suu Kyi and other members of the National League for Democracy; (2) entered into a dialogue with democratic forces led by the National League for Democracy and the ethnic minorities of Burma on transitioning to democratic government; and (3) allowed humanitarian access to populations affected by armed conflict in all regions of Burma. Amends the the Burmese Freedom and Democracy Act of 2003 to prohibit the importation into the United States of Burmese gems, teak, or other hardwood timber. Prohibits any U.S. person (as defined by this Act) from investing in Burma. Authorizes: (1) the Secretary of State to award grants to nongovernmental organizations, universities, and other organizations to establish an Internet database of SPDC human rights abuses; and (2) the President to assist nonviolent democracy activists in their efforts to promote freedom, democracy, and human rights in Burma. Directs the Secretary to report to the appropriate committees respecting countries that provide military aid to Burma.

A bill to impose sanctions on officials of the State Peace and Development Council in Burma, to prohibit the importation of gems and hardwoods from Burma, to support democracy in Burma, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parkinson's Research Act of 1997''. SEC. 2. FINDING AND PURPOSE. (a) Finding.--Congress finds that to take full advantage of the tremendous potential for finding a cure or effective treatment for Parkinson's disease, the Federal investment in Parkinson's must be expanded, as well as the coordination strengthened among the National Institutes of Health research institutes. (b) Purpose.--It is the purpose of this Act to provide for the expansion and coordination of research regarding Parkinson's, and to improve care and assistance for afflicted individuals and their family caregivers. SEC. 3. PARKINSON'S RESEARCH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``parkinson's disease ``Sec. 409B. (a) In General.--The Director of NIH shall establish a program for the conduct and support of research and training with respect to Parkinson's disease (subject to the extent of amounts appropriated under subsection (e)). ``(b) Inter-Institute Coordination.-- ``(1) In general.--The Director of NIH shall provide for the coordination of the program established under subsection (a) among all of the national research institutes conducting Parkinson's research. ``(2) Conference.--Coordination under paragraph (1) shall include the convening of a research planning conference not less frequently than once every 2 years. Each such conference shall prepare and submit to the Committee on Appropriations and the Committee on Labor and Human Resources of the Senate and the Committee on Appropriations and the Committee on Commerce of the House of Representatives a report concerning the conference. ``(c) Morris K. Udall Research Centers.-- ``(1) In general.--The Director of NIH shall award Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's. The Director shall award not more than 10 Core Center Grants and designate each center funded under such grants as a Morris K. Udall Center for Research on Parkinson's Disease. ``(2) Requirements.-- ``(A) In general.--With respect to Parkinson's, each center assisted under this subsection shall-- ``(i) use the facilities of a single institution or a consortium of cooperating institutions, and meet such qualifications as may be prescribed by the Director of the NIH; and ``(ii) conduct basic and clinical research. ``(B) Discretionary requirements.--With respect to Parkinson's, each center assisted under this subsection may-- ``(i) conduct training programs for scientists and health professionals; ``(ii) conduct programs to provide information and continuing education to health professionals; ``(iii) conduct programs for the dissemination of information to the public; ``(iv) separately or in collaboration with other centers, establish a nationwide data system derived from patient populations with Parkinson's, and where possible, comparing relevant data involving general populations; ``(v) separately or in collaboration with other centers, establish a Parkinson's Disease Information Clearinghouse to facilitate and enhance knowledge and understanding of Parkinson's disease; and ``(vi) separately or in collaboration with other centers, establish a national education program that fosters a national focus on Parkinson's and the care of those with Parkinson's. ``(3) Stipends regarding training programs.--A center may use funds provided under paragraph (1) to provide stipends for scientists and health professionals enrolled in training programs under paragraph (2)(B). ``(4) Duration of support.--Support of a center under this subsection may be for a period not exceeding five years. Such period may be extended by the Director of NIH for one or more additional periods of not more than five 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. ``(d) Morris K. Udall Awards for Excellence in Parkinson's Disease Research.--The Director of NIH shall establish a grant program to support investigators with a proven record of excellence and innovation in Parkinson's research and who demonstrate potential for significant future breakthroughs in the understanding of the pathogensis, diagnosis, and treatment of Parkinson's. Grants under this subsection shall be available for a period of not to exceed 5 years. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $100,000,000 for fiscal year 1998, and such sums as may be necessary for each of the fiscal years 1999 and 2000. ``(f) Limitation on Use of Certain Funds of Public Health Service.--Notwithstanding any other provision of law, none of the amounts made available under this Act may be expended for any research that uses human fetal tissue, cells, or organs obtained from a living or dead human embryo or fetus during or after an induced abortion, or for any therapeutic application for Parkinson's that uses such human fetal tissue, cells, or organs. This subsection does not apply to human fetal tissue, cells, or organs obtained from a spontaneous abortion or an ectopic pregnancy.''.

Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program in the National Institutes of Health to conduct and support research and training on Parkinson's disease. Requires: (1) the convening of a research planning conference at least every two years; (2) the awarding of Core Center Grants to encourage innovative multidisciplinary research and training on Parkinson's (designating each recipient as a Morris K. Udall Center for Research on Parkinson's Disease); and (3) a grant program to support investigators with a proven record who demonstrate potential for breakthroughs in understanding the pathogenesis, diagnosis, and treatment of Parkinson's. Authorizes appropriations. Prohibits using any amounts under this Act for any research or therapeutic application that uses human fetal tissue, cells, or organs obtained from a living or dead human embryo or fetus during or after an induced abortion.

Parkinson's Research Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Presidential Budget Savings Extension Act of 1995''. TITLE I--PROVISIONS RELATING TO PART A OF THE MEDICARE PROGRAM SEC. 101. MAINTAINING SAVINGS RESULTING FROM TEMPORARY FREEZE ON PAYMENT INCREASES FOR SKILLED NURSING FACILITY SERVICES. (a) Basing Updates to Per Diem Cost Limits on Limits for Fiscal Year 1993.-- (1) In general.--The last sentence of section 1888(a) of the Social Security Act (42 U.S.C. 1395yy(a)) is amended by adding at the end the following: ``(except that such updates may not take into account any changes in the routine service costs of skilled nursing facilities occurring during cost reporting periods which began during fiscal year 1994 or fiscal year 1995).''. (2) No exceptions permitted based on amendment.--The Secretary of Health and Human Services shall not consider the amendment made by paragraph (1) in making any adjustments pursuant to section 1888(c) of the Social Security Act. (b) Payments Determined on Prospective Basis.--Any change made by the Secretary of Health and Human Services in the amount of any prospective payment paid to a skilled nursing facility under section 1888(d) of the Social Security Act for cost reporting periods beginning on or after October 1, 1995, may not take into account any changes in the costs of services occurring during cost reporting periods which began during fiscal year 1994 or fiscal year 1995. TITLE II--PROVISIONS RELATING TO PART B OF THE MEDICARE PROGRAM SEC. 201. SETTING THE PART B PREMIUM AT 25 PERCENT OF PROGRAM EXPENDITURES PERMANENTLY. (a) In General.--Section 1839(a)(3) of the Social Security Act (42 U.S.C. 1395r(a)(3)) is amended by striking ``The monthly premium'' and all that follows through ``November 1.'' and inserting the following: ``The monthly premium shall be equal to 50 percent of the monthly actuarial rate for enrollees age 65 and over, as determined according to paragraph (1), for that succeeding calendar year.''. (b) Conforming Amendments.--Section 1839 of such Act (42 U.S.C. 1395r) is amended-- (1) in subsection (a)(2), by striking ``(b) and (e)'' and inserting ``(b), (c), (e), and (f)''; (2) in the last sentence of subsection (a)(3), by striking ``and the derivation of the dollar amounts specified in this paragraph''; and (3) in subsection (e)-- (A) by striking ``(1)(A) Notwithstanding'' and all that follows through ``(B)'', (B) by striking paragraph (2), and (C) by redesignating clauses (i) through (v) as paragraphs (1) through (5). TITLE III--PROVISIONS RELATING TO PARTS A AND B OF THE MEDICARE PROGRAM SEC. 301. PERMANENT EXTENSION OF CERTAIN SECONDARY PAYER PROVISIONS. (a) Data Match.-- (1) Section 1862(b)(5)(C) of the Social Security Act (42 U.S.C. 1395y(b)(5)(C)) is amended by striking clause (iii). (2) Section 6103(l)(12) of the Internal Revenue Code of 1986 is amended by striking subparagraph (F). (b) Application to Disabled Individuals in Large Group Health Plans.-- (1) In general.--Section 1862(b)(1)(B) of the Social Security Act (42 U.S.C. 1395y(b)(1)(B)) is amended-- (A) in clause (i), by striking ``clause (iv)'' and inserting ``clause (iii)'', (B) by striking clause (iii), and (C) by redesignating clause (iv) as clause (iii). (2) Conforming amendments.--Paragraphs (1) through (3) of section 1837(i) of such Act (42 U.S.C. 1395p(i)) and the second sentence of section 1839(b) of such Act (42 U.S.C. 1395r(b)) are each amended by striking ``1862(b)(1)(B)(iv)'' each place it appears and inserting ``1862(b)(1)(B)(iii)''. (c) Period of Application to Individuals with End Stage Renal Disease.--Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended-- (1) in the first sentence, by striking ``12-month'' each place it appears and inserting ``18-month'', and (2) by striking the second sentence. SEC. 302. MAINTAINING SAVINGS RESULTING FROM TEMPORARY FREEZE ON PAYMENT INCREASES FOR HOME HEALTH SERVICES. (a) Basing Updates to Per Visit Cost Limits on Limits for Fiscal Year 1993.--Section 1861(v)(1)(L)(iii) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(iii)) is amended by adding at the end the following sentence: ``In establishing limits under this subparagraph, the Secretary may not take into account any changes in the costs of the provision of services furnished by home health agencies with respect to cost reporting periods which began on or after July 1, 1994, and before July 1, 1996.''. (b) No Exceptions Permitted Based on Amendment.--The Secretary of Health and Human Services shall not consider the amendment made by subsection (a) in making any exemptions and exceptions pursuant to section 1861(v)(1)(L)(ii) of the Social Security Act.

TABLE OF CONTENTS: Title I: Provisions Relating to Part A of the Medicare Program Title II: Provisions Relating to Part B of the Medicare Program Title III: Provisions Relating to Parts A and B of the Medicare Program Medicare Presidential Budget Savings Extension Act of 1995 - Title I: Provisions Relating to Part A of the Medicare Program - Amends part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act to prohibit updates on per diem cost limits on extended care services of skilled nursing facilities from taking into account any changes in routine service costs of such facilities occurring during cost reporting periods beginning during FY 1994 or 1995. Bars any change made by the Secretary of Health and Human Services in the amount of prospective payments to such facilities for cost reporting periods beginning on or after October 1, 1995, from taking into account changes in the costs of services occurring during cost reporting periods beginning in FY 1994 or 1995. Title II: Provisions Relating to Part B of the Medicare Program - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to permanently set the monthly premium under the Supplementary Medical Insurance program at 50 percent of the monthly actuarial rate for enrollees age 65 and over. Title III: Provisions Relating to Parts A and B of the Medicare Program - Makes permanent specified Medicare secondary payer provisions currently scheduled to expire in FY 1998, including those with respect to disabled individuals in large group health plans and individuals with end-stage renal disease. Prohibits the Secretary, in establishing cost limits on home health services, from taking into account any changes in the costs of home health agency services with respect to cost reporting periods which began between July 1, 1994, and July 1, 1996.

Medicare Presidential Budget Savings Extension Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Billing Accountability Act of 2015''. SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO WAIVE REQUIREMENT OF CERTAIN VETERANS TO MAKE COPAYMENTS FOR CARE AND SERVICES IN THE CASE OF DEPARTMENT OF VETERANS AFFAIRS ERROR. (a) Hospital Care, Nursing Home Care, and Medical Services.-- Section 1710(f)(3) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(G) The Secretary may waive the requirement of a veteran to make a payment under this subsection or subsection (g) if-- ``(i) an error committed by the Department or an employee of the Department was the cause of delaying notification sent to the veteran of the requirement to make the payment; and ``(ii) the veteran received such notification later than 120 days after the date on which the veteran received the care or services for which the payment was required.''. (b) Medications.--Section 1722A of such title is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): ``(c) The Secretary may waive the requirement of a veteran to make a payment under this section if-- ``(1) an error committed by the Department or an employee of the Department was the cause of delaying notification sent to the veteran of the requirement to make the payment; and ``(2) the veteran received such notification later than 120 days after the date on which the veteran received the medication for which the payment was required.''. (c) Billing Procedures.-- (1) In general.--Subchapter I of chapter 17 of such title is amended by adding at the end the following new section: ``Sec. 1709C. Procedures for copayments ``(a) Care at Department Facility.--(1) In requiring a veteran to make a payment for care or services provided at a medical facility of the Department pursuant to this chapter, including sections 1710 and 1722A of this title, the Secretary shall provide to such veteran a notification of such required payment by not later than 120 days after the date on which the veteran receives the care or services for which payment is required. ``(2) If the Secretary does not provide to a veteran a notification of the required payment by the date required under paragraph (1), the Secretary may not collect such payment, including through a third-party entity, unless the Secretary provides the veteran the following: ``(A) Information regarding how to apply for a waiver described in section 1710(f)(3)(G) or section 1722A(c) of this title, as appropriate. ``(B) Information regarding how to establish a payment plan with the Secretary. ``(C) An opportunity to make such a waiver or establish such a payment plan. ``(b) Care at Non-Department Facility.--(1) In requiring a veteran to make a payment for care or services provided at a non-Department facility pursuant to this chapter or any other provision of law, the Secretary shall provide to such veteran a notification of such required payment by not later than 18 months after the date on which the veteran receives the care or services for which payment is required. ``(2) If the Secretary does not provide to a veteran a notification of the required payment by the date required under paragraph (1), the Secretary may not collect such payment, including through a third-party entity, unless the Secretary provides the veteran the following: ``(A) Information regarding how to apply for a waiver described in paragraph (3). ``(B) Information regarding how to establish a payment plan with the Secretary. ``(C) An opportunity to make such a waiver or establish such a payment plan. ``(3) The Secretary may waive the requirement of a veteran to make a payment for care or services provided at a non-Department facility pursuant to this chapter or any other provision of law if-- ``(A) an error committed by the Department, an employee of the Department, or a non-Department facility was the cause of delaying notification sent to the veteran of the requirement to make the payment; and ``(B) the veteran received such notification later than 18 months after the date on which the veteran receives the care or services for which payment is required.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1709B the following new item: ``1709C. Procedures for copayments.''. (d) Improvement of Procedures.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall-- (1) review the copayment billing internal controls and notification procedures of the Department of Veterans Affairs; and (2) improve such controls and procedures, including pursuant to the amendments made by this section.

Department of Veterans Affairs Billing Accountability Act of 2015 This bill authorizes the Department of Veterans Affairs (VA) to waive the requirement that a veteran make copayments for medications, hospital care, nursing home care, and medical services if: an error committed by the VA or a VA employee was the cause of delaying copayment notification to the veteran, and the veteran received such notification later than 120 days (18 months in the case of a non-VA facility) after the date on which the veteran received the care or services. In requiring a veteran to make a copayment for care or services provided at a VA or a non-VA medical facility the VA shall notify the veteran not later than 120 days (18 months in the case of a non-VA facility) after the date on which the veteran received the care or services. If the VA does not provide notification by such date it may not collect the payment, including through a third-party entity, unless the veteran is provided with: information about applying for a waiver and establishing a payment plan with the VA, and opportunity to make a waiver or establish a payment plan. The VA shall review and improve its copayment billing internal controls and notification procedures.

Department of Veterans Affairs Billing Accountability Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonprofit Political Speech Protection Act''. SEC. 2. TAX-EXEMPT ORGANIZATIONS PERMITTED TO ENGAGE IN POLITICAL CAMPAIGNS, ETC. (a) In General.--Paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 is amended by striking ``which does not participate in, or intervene in'' and all that follows and inserting ``no substantial part of the activities of which is participating in, or intervening in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office (except as otherwise provided in subsection (h)).''. (b) Expansion of Election Under Section 501(h).-- (1) In general.--So much of subsection (h) of section 501 of such Code as precedes paragraph (2) is amended to read as follows: ``(h) Expenditures by Public Charities To Influence Legislation or for Political Campaigns.-- ``(1) General rules.-- ``(A) Expenditures to influence legislation.--In the case of an organization to which this subsection applies, exemption from taxation under subsection (a) shall be denied because a substantial part of the activities of such organization consists of carrying on propaganda, or otherwise attempting, to influence legislation, but only if such organization normally-- ``(i) makes lobbying expenditures in excess of the lobbying ceiling amount for such organization for each taxable year, or ``(ii) makes grass roots expenditures in excess of the grass roots ceiling amount for such organization for each taxable year. ``(B) Expenditures for political campaigns.--In the case of an organization to which this subsection applies, exemption from taxation under subsection (a) shall be denied because a substantial part of the activities of such organization consists of participating in, or intervening in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office, but only if such organization normally makes political expenditures (as defined in section 4911(e)) in excess of the political campaign ceiling amount for such organization for each taxable year.'' (2) Political campaign ceiling amount.--Paragraph (2) of section 501(h) of such Code is amended by adding at the end the following new subparagraphs: ``(E) Political campaign ceiling amount.--The political campaign ceiling amount for any organization is 150 percent of the political campaign nontaxable amount, determined under section 4911(e).'' (3) Conforming amendment.--Paragraph (7) of section 501(h) of such Code is amended by striking ``the interpretation'' and all that follows and inserting ``the interpretation under subsection (c)(3) of the material following `private shareholder or individual'.'' (c) Comparable Test for Charitable Contribution Deduction.-- Subparagraph (D) of section 170(c)(2) of such Code is amended by striking ``and which does not participate in, or intervene in'' and inserting ``or by reason of participating in, or intervening in''. (d) Revision of Excise Taxes.-- (1) So much of chapter 41 of such Code as precedes subsection (c) of section 4911 is amended to read as follows: ``CHAPTER 41--PUBLIC CHARITIES ``Sec. 4911. Tax on excess lobbying and political expenditures. ``Sec. 4912. Tax on disqualifying lobbying and political expenditures of certain organizations. ``SEC. 4911. TAX ON EXCESS LOBBYING AND POLITICAL EXPENDITURES. ``(a) Tax Imposed.-- ``(1) In general.--There is hereby imposed on the excess lobbying and political expenditures of any organization to which this section applies a tax equal to 25 percent of the amount of the excess lobbying and political expenditures for the taxable year. ``(2) Organizations to which this section applies.--This section applies to any organization with respect to which an election under section 501(h) (relating to lobbying and political expenditures by public charities) is in effect for the taxable year. ``(b) Excess Lobbying and Political Expenditures.--For purposes of this section, the term `excess lobbying and political expenditures' means, for a taxable year, the sum of-- ``(1) the greater of-- ``(A) the amount by which the lobbying expenditures made by the organization during the taxable year exceed the lobbying nontaxable amount for such organization for such taxable year, or ``(B) the amount by which the grass roots expenditures made by the organization during the taxable year exceed the grass roots nontaxable amount for such organization for such taxable year, plus ``(2) the amount by which the political expenditures made by the organization during the taxable year exceed the political campaign nontaxable amount for such organization for such taxable year.'' (2) Section 4911 of such Code is amended by redesignating subsections (e) and (f) as subsections (f) and (g) and by inserting after subsection (d) the following new subsection: ``(e) Definitions Relating to Political Expenditures.--For purposes of this section-- ``(1) Political expenditures.-- ``(A) In general.--The term `political expenditure' means any amount paid or incurred by a section 501(c)(3) organization in any participation in, or intervention in (including the publication or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office. ``(B) Certain other expenditures included.--In the case of an organization which is formed primarily for purposes of promoting the candidacy (or prospective candidacy) of an individual for public office (or which is effectively controlled by a candidate or prospective candidate and which is availed of primarily for such purposes), the term `political expenditure' includes any of the following amounts paid or incurred by the organization: ``(i) Amounts paid or incurred to such individual for speeches or other services. ``(ii) Travel expenses of such individual. ``(iii) Expenses of conducting polls, surveys, or other studies, or preparing papers or other materials, for use by such individual. ``(iv) Expenses of advertising, publicity, and fundraising for such individual. ``(v) Any other expense which has the primary effect of promoting public recognition, or otherwise primarily accruing to the benefit, of such individual. ``(2) Political campaign nontaxable amount.-- ``(A) In general.--The lobbying nontaxable amount for any organization for any taxable year is the lesser of (i) $1,000,000 or (ii) the amount determined under the following table: ``If the exempt purpose The lobbying nontaxable amount is-- expenditures are-- Not over $500,000.............. 20 percent of the exempt purpose expenditures. Over $500,000 but not over $1,000,000. $100,000 plus 15 percent of the excess of the exempt purpose expenditures over $500,000. Over $1,000,000 but not over $1,500,000. $175,000 plus 10 percent of the excess of the exempt purpose expenditures over $1,000,000. Over $1,500,000................ $225,000 plus 5 percent of the excess of the exempt purpose expenditures over $1,500,000. ``(B) Exempt purpose expenditures.-- ``(i) In general.--The term `exempt purpose expenditures' means, with respect to any organization for any taxable year, the total of the amounts paid or incurred by such organization to accomplish purposes described in section 170(c)(2)(B) (relating to religious, charitable, educational, etc., purposes). ``(ii) Certain amounts included.--The term `exempt purpose expenditures' includes-- ``(I) administrative expenses paid or incurred for purposes described in section 170(c)(2)(B), and ``(II) political expenditures paid or incurred (whether or not for purposes described in section 170(c)(2)(B)). ``(iii) Certain amounts excluded.--The term `exempt purpose expenditures' does not include amounts paid or incurred to or for-- ``(I) a separate fundraising unit of such organization, or ``(II) one or more other organizations, if such amounts are paid or incurred primarily for fundraising.'' (3) Subsection (g) of section 4911 of such Code, as redesignated by paragraph (2), is amended by striking ``excess lobbying expenditures'' each place it appears and inserting ``excess lobbying and political expenditures''. (4)(A) Section 4912 of such Code is amended-- (i) in the heading by striking ``lobbying expenditures'' and inserting ``lobbying and political expenditures'', and (ii) in the text by striking ``lobbying expenditures'' and inserting ``lobbying and political expenditures''. (B) Paragraph (2) of section 4912(d) of such Code is amended to read as follows: ``(2) Organization manager.--The term `organization manager' means-- ``(A) any officer, director, or trustee of the organization (or individual having powers or responsibilities similar to those of officers, directors, or trustees of the organization), and ``(B) with respect to any expenditure, any employee of the organization having authority or responsibility with respect to such expenditure.'' (e) Other Conforming Amendments.-- (1) Subchapter C of chapter 42 of such Code is hereby repealed. (2) Section 4962 of such Code is amended by striking subsection (c). (3) Sections 4963 and 7422(g) of such Code are each amended by striking ``4955,'' each place it appears. (4) Paragraph (10) of section 6033(b) of such Code is amended by adding ``and'' at the end of subparagraph (A), by striking ``and'' at the end of subparagraph (B), and by striking subparagraph (C). (5) Section 6213(e) of such Code is amended by striking ``4955 (relating to taxes on political expenditures),''. (6) The table of subchapters for chapter 42 of such Code is amended by striking the item relating to subchapter C. (7) Section 6852 (relating to termination assessments in case of flagrant political expenditures of section 501(c)(3) organizations) is hereby repealed. (8) Clause (v) of section 6091(b)(1)(B) of such Code is amended by striking ``or 6852(a)''. (9) Sections 6211(b)(1) and 6212(c)(1) of such Code are each amended by striking ``or 6852''. (10) Sections 6213(a), 6234(e)(3), 6863, and 7429(g) of such Code are each amended by striking ``, 6852,'' each place it appears. (11) Section 7429(a)(1)(A) of such Code is amended by striking ``6852(a),''. (12) Paragraph (3) of section 7611(i) of such Code is amended by striking ``, section 6852 (relating to termination assessments in case of flagrant political expenditures of section 501(c)(3) organizations),''. (13) The table of sections for part I of subchapter A of chapter 70 of such Code is amended by striking the item relating to section 6852. (14) Subchapter A of chapter 76 of such Code is amended by striking section 7409 and by redesignating section 7410 as section 7409. (15) The table of sections for such subchapter A is amended by striking the last 2 items and inserting the following new item: ``Sec. 7409. Cross references.''. (f) Effective Date.--The amendments made by this section shall apply to expenditures made after the date of the enactment of this Act.

Nonprofit Political Speech Protection Act - Amends the Internal Revenue Code to allow tax-exempt organizations to participate in political campaigns under specified circumstances.Imposes a tax on certain excess lobbying and political expenditures of specified tax-exempt organizations.

To amend the Internal Revenue Code of 1986 with respect to nonprofit organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NATO-Western Balkans Support Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The commitment of the North Atlantic Treaty Organization (NATO) to mutual defense and the territorial integrity of its members has advanced the democratic transformation of Central and Eastern Europe and significantly enhanced the security of Europe. Nowhere in Europe has the search for sustainable peace been more challenging than in the Western Balkans. NATO has the ability to encourage the countries of the Western Balkans to embrace collective security, consolidate their democratic gains, and extend their commitment to integration in Euro-Atlantic institutions. (2) NATO membership offers the ultimate protection against perceived external threats and has demonstrated its role in lowering regional tensions. Croatia's successful accession to NATO has encouraged other states of the Western Balkans to consider the possibility of their own membership more seriously. Bosnia and Herzegovina and Montenegro are already seriously engaged in the process of meeting NATO membership criteria as active members of the Partnership for Peace and Intensified Dialogue with NATO. (3) In Western Balkan states like Bosnia and Herzegovina and Montenegro, the process of NATO accession can provide focus for ongoing efforts to improve the functionality and efficiency of the armed forces and the state more broadly. In Bosnia and Herzegovina, many reforms necessary to improve the functionality of the state, such as resolution of the defense- related property issue, are also necessary for NATO membership. (4) The success of Serbia is central to the success of the Western Balkans. The United States Government welcomes the decision of the democratically elected Government of Serbia to join the Partnership for Peace Program in 2006 and encourages as strong a relationship as is possible between NATO and the Government and people of Serbia. As Vice President Joseph Biden said in Belgrade on May 20, 2009, ``The United States strongly supports Serbian membership in the European Union and expanding security cooperation between Serbia, the United States, and our allies. We will use our influence, our energy, and our resources to promote Serbia's Euro-Atlantic aspirations.''. (5) In the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), Congress declared that ``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''. (6) Under the NATO Enlargement Facilitation Act of 1996 (as enacted into law by section 101(c) of title I of division A of Public Law 104-208; 22 U.S.C. 1928 note), Congress called for the prompt admission of Poland, Hungary, the Czech Republic, and Slovenia to NATO, and declared that ``in order to promote economic stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine . . . the process of enlarging NATO to include emerging democracies in Central and Eastern Europe should not be limited to consideration of admitting Poland, Hungary, the Czech Republic, and Slovenia as full members of the NATO Alliance''. (7) In the European Security Act of 1998 (title XXVII of division G of Public Law 105-277; 22 U.S.C. 1928 note), Congress declared that ``Poland, Hungary, and the Czech Republic should not be the last emerging democracies in Central and Eastern Europe invited to join NATO''. (8) In the Gerald B. H. Solomon Freedom Consolidation Act of 2002 (Public Law 107-187; 22 U.S.C. 1928 note), Congress endorsed ``. . . the vision of further enlargement of the NATO Alliance articulated by President George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996.''. (9) At the Madrid Summit of the North Atlantic Treaty Organization in July 1997, Poland, Hungary, and the Czech Republic were invited to join NATO, and the North Atlantic Treaty Organization heads of state and government issued a declaration stating, ``The alliance expects to extend further invitations in coming years to nations willing and able to assume the responsibilities and obligations of membership . . . No European democratic country whose admission would fulfill the objectives of the [North Atlantic] Treaty will be excluded from consideration''. (10) At the Washington, DC, Summit of the North Atlantic Treaty Organization in April 1999, the North Atlantic Treaty Organization heads of state and government issued a communique declaring, ``We pledge that NATO will continue to welcome new members in a position to further the principles of the [North Atlantic] Treaty and contribute to peace and security in the Euro-Atlantic area . . . The three new members will not be the last . . . No European democratic country whose admission would fulfill the objectives of the Treaty will be excluded from consideration, regardless of its geographic location''. (11) On June 15, 2001, in a speech in Warsaw, Poland, President George W. Bush stated, ``All of Europe's new democracies, from the Baltic to the Black Sea and all that lie between, should have the same chance for security and freedom-- and the same chance to join the institutions of Europe--as Europe's old democracies have . . . I believe in NATO membership for all of Europe's democracies that seek it and are ready to share the responsibilities that NATO brings . . .''. (12) On October 22, 1996, in a speech in Detroit, Michigan, former President William J. Clinton stated, ``NATO's doors will not close behind its first new members . . . NATO should remain open to all of Europe's emerging democracies who are ready to shoulder the responsibilities of membership . . . No nation will be automatically excluded . . . No country outside NATO will have a veto . . . A gray zone of insecurity must not reemerge in Europe.''. (13) At the Prague Summit of the North Atlantic Treaty Organization in November 2002, Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia were invited to join NATO in the second round of enlargement of the North Atlantic Treaty Organization since the end of the Cold War, and the North Atlantic Treaty Organization heads of state and government issued a declaration stating, ``NATO's door will remain open to European democracies willing and able to assume the responsibilities and obligations of membership, in accordance with Article 10 of the Washington Treaty.''. (14) At the Istanbul Summit of the North Atlantic Treaty Organization in June 2004, the North Atlantic Treaty Organization heads of state and government issued a communique reaffirming that NATO's door remains open to new members, declaring, ``We celebrate the success of NATO's Open Door Policy, and reaffirm today that our seven new members will not be the last. The door to membership remains open.''. (15) At the Riga Summit of the NATO Alliance November 2006, NATO heads of state and government affirmed in their declaration that ``Bosnia and Herzegovina, Montenegro and Serbia can offer valuable contributions to regional stability and security'' and that NATO should ``encourage further positive developments in the region on its path towards Euro- Atlantic integration''. It was at Riga that Bosnia and Herzegovina, Montenegro, and Serbia were offered membership in the Partnership for Peace and Euro-Atlantic Partnership Council. (16) At the Bucharest Summit of the NATO Alliance in April 2008, the NATO heads of state and government issued a declaration stating that in the Balkans, ``Euro-Atlantic integration, based on democratic values and regional cooperation, remains necessary for lasting peace and stability.'' The Declaration also noted that ``we have decided to invite Bosnia and Herzegovina and Montenegro to begin an Intensified Dialogue on the full range of political, military, financial, and security issues relating to their aspirations to membership''. (17) At the Strasbourg/Kehl NATO Summit, the heads of state and government participating in the meeting of the North Atlantic Council on April 4, 2009, reiterated that ``[i]n accordance with Article 10 of the Washington Treaty, NATO's door will remain open to all European democracies which share the values of our Alliance, which are willing and able to assume the responsibilities and obligations of membership, and whose inclusion can contribute to common security and stability''. (18) The Summit Declaration also acknowledged the progress of the Government of Bosnia and Herzegovina on ``cooperation with NATO, including through implementation of its current IPAP, and the country's expressed intention to apply for MAP at an appropriate time.'' The declaration also urged ``Bosnia and Herzegovina's political leaders to take further genuine steps to strengthen state-level institutions and reinvigorate the reform process to advance the country's Euro-Atlantic aspirations.''. (19) With respect to Montenegro, the NATO heads of state and government declared at the 2009 Strasbourg/Kehl NATO Summit, ``We welcome Montenegro's successful and active implementation of its current Individual Partnership Action Plan (IPAP) with NATO. We are encouraged by the reforms it has made in a number of areas that are essential to its Euro- Atlantic integration and also by its contributions to cooperation and security in the region. We are looking forward to Montenegro's further determined efforts in this regard. The Council in permanent session is keeping Montenegro's progress under active review and will respond early to its request to participate in the Membership Action Plan (MAP), on its own merits.''. (20) Bosnia and Herzegovina and Montenegro deserve recognition for their cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Although Serbia has not yet completely fulfilled its ICTY obligations, the continued support of the Government of Serbia for the process until its conclusion is the best way to ensure the peace and to prepare the way to full participation of Serbia in European institutions. SEC. 3. DECLARATIONS OF POLICY. Congress-- (1) supports the commitment to further enlargement of the North Atlantic Treaty Organization to include Bosnia and Herzegovina and Montenegro, as European democracies, that are able and willing to meet the responsibilities of membership, as expressed by NATO in its Madrid Summit Declaration of 1997, its Washington, DC, Summit Communique of 1999, its Prague Summit Declaration of 2002, its Istanbul Summit Communique of 2004, its Riga Summit Declaration of 2006, its Bucharest Summit Declaration of 2008, and its Strasbourg/Kehl Declaration of 2009; (2) encourages United States allies in the North Atlantic Treaty Organization to utilize the opportunity of the ongoing Strategic Concept review to reinvigorate and transform NATO's approach to its commitment to the peace, stability, and democratic success of the Western Balkans; (3) endorses cooperation with representatives of the Government of Bosnia and Herzegovina to determine a realistic timetable and plan, constructed in conjunction with other NATO allies, for Bosnia and Herzegovina to meet the criteria for NATO membership, with the goal of improving the functionality of the Government of Bosnia and Herzegovina through the achievement of the commonly accepted political, military, economic, and social standards; (4) declares that United States support for Bosnia and Herzegovina's membership should be contingent upon thorough achievement of these exacting requirements, and that NATO membership criteria must not be compromised; (5) calls for the timely admission of Bosnia and Herzegovina and Montenegro contingent upon their continued implementation of democratic, defense, and economic reform, and their willingness and ability to meet the responsibilities of membership in the North Atlantic Treaty Organization and a clear expression of national intent to do so; and (6) reaffirms the need for engagement with the democratically elected government of Serbia and amelioration of past bilateral tensions with greater interaction between the people of the United States and Serbia, including support by the United States Government for the process of including Serbia in trans-Atlantic institutions as the Government of Serbia fulfills the necessary criteria. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the existing position of political advisor within the NATO Mission in Sarajevo should be filled by an ambassadorial- level United States diplomat as ``senior civilian representative'' to the NATO Mission in Sarajevo; (2) this senior civilian representative should have primary responsibility for defense and security sector reform and NATO/ Partnership for Peace integration; (3) the position requires coordination with international organizations and national authorities in Bosnia and Herzegovina; (4) it is important that this effort have civilian leadership and the senior civilian representative should work in conjunction with the senior military representative and lead the political-military staff; (5) the substantial credibility in Bosnia and Herzegovina enjoyed by the United States should be harnessed to facilitate the fulfillment by the Government of Bosnia and Herzogovina of NATO membership criteria; and (6) the Secretary of State should provide a regular briefing, not less than annually, to the Committee on Foreign Relations of the Senate on the progress of the efforts required under this Act. SEC. 5. DESIGNATION OF BOSNIA AND HERZEGOVINA AND MONTENEGRO AS ELIGIBLE TO RECEIVE ASSISTANCE UNDER THE NATO PARTICIPATION ACT OF 1994. (a) Designation.-- (1) Bosnia and herzegovina.--Bosnia and Herzegovina is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (2) Montenegro.--Montenegro is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994, and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (b) Rule of Construction.--The designation of Bosnia and Herzegovina and Montenegro pursuant to subsection (a) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994-- (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to section 606 of the NATO Enlargement Facilitation Act of 1996 (as enacted into law by section 101(c) of title I of division A of Public Law 104- 208; 22 U.S.C. 1928 note), the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to section 2703(b) of the European Security Act of 1998 (title XXVII of division G of Public Law 105-277; 22 U.S.C. 1928 note), the designation of Slovakia pursuant to section 4(a) of the Gerald B. H. Solomon Freedom Consolidation Act of 2002 (Public Law 107-187; 22 U.S.C. 1928 note), and the designation of the Republic of Albania, the Republic of Croatia, Georgia, the Republic of Macedonia (FYROM), and Ukraine pursuant to section 4(a) of the NATO Freedom Consolidation Act of 2007 (Public Law 110-17; 22 U.S.C. 1928 note) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994; and (2) shall not preclude the designation by the president of other countries pursuant to section 203(d)(2) of the NATO Participation Act of 1994 as eligible to receive assistance under the program established under section 203(a) of such Act. SEC. 6. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED UNDER THE NATO PARTICIPATION ACT OF 1994. Of the amounts made available for fiscal year 2010 under section 23 of the Arms Export Control Act (22 U.S.C. 2763), such sums as may be necessary are authorized to be appropriated for assistance to Bosnia and Herzegovina and Montenegro.

NATO-Western Balkans Support Act of 2009 - States that Congress supports the commitment to further enlargement of the North Atlantic Treaty Organization (NATO) to include Bosnia and Herzegovina and Montenegro. Expresses the sense of Congress that the existing position of political advisor within the NATO Mission in Sarajevo should be filled by an ambassadorial-level U.S. diplomat as senior civilian representative to the NATO Mission in Sarajevo. Deems Bosnia and Herzegovina and Montenegro as eligible to receive assistance under the NATO Participation Act of 1994. States that such designation: (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to the NATO Enlargement Facilitation Act of 1996, the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to the European Security Act of 1998, and the designation of Slovakia pursuant to the Gerald B. H. Solomon Freedom Consolidation Act of 2002, and the designation of the Republic of Albania, the Republic of Croatia, Georgia, the Republic of Macedonia (FYROM), and Ukraine pursuant to the NATO Freedom Consolidation Act of 2007 as eligible to receive assistance under the NATO Participation Act of 1994; and (2) shall not preclude the designation by the President of other countries as eligible to receive assistance under the NATO Participation Act of 1994. Authorizes FY2010 appropriations under the Arms Export Control Act for assistance to Bosnia and Herzegovina and Montenegro.

A bill to consolidate democracy and security in the Western Balkans by supporting the Governments and people of Bosnia and Herzegovina and Montenegro in reaching their goal of eventual NATO membership, and to welcome further NATO partnership with the Republic of Serbia, and for other purposes.

SECTION 1. SHORT TITLE. The Act may be cited as the ``Promoting Lending to America's Small Businesses Act of 2009''. SEC. 2. LIMITS ON MEMBER BUSINESS LOANS. Section 107A(a) of the Federal Credit Union Act (12 U.S.C. 1757a(a)) is amended by striking ``than the lesser of--'' and all that follows and inserting ``than 25 percent of the total assets of the credit union.''. SEC. 3. DEFINITION OF MEMBER BUSINESS LOAN. Section 107A(c)(1)(B)(iii) of the Federal Credit Union Act (12 U.S.C. 1757a(c)(1)(B)(iii)) is amended by striking ``$50,000'' and inserting ``an amount, not to exceed $250,000, that the Board shall prescribe by regulation''. SEC. 4. RESTRICTION ON MEMBER BUSINESS LOANS. Section 216(g)(2) of the Federal Credit Union Act (12 U.S.C. 1790d(g)(2)) is amended by striking ``until such time as the credit union becomes adequately capitalized'' and inserting ``unless otherwise approved by the Board''. SEC. 5. MEMBER BUSINESS LOAN EXCLUSION FOR LOANS TO NONPROFIT RELIGIOUS ORGANIZATIONS. Section 107A(a) of the Federal Credit Union Act (12 U.S.C. 1757a(a)) is further amended by inserting ``, excluding loans made to nonprofit religious organizations,'' after ``total amount of such loans''. SEC. 6. ENCOURAGING SMALL BUSINESS DEVELOPMENT IN UNDERSERVED URBAN AND RURAL COMMUNITIES. (a) Member Business Loan Exclusion for Loans in Underserved Areas.--Section 107A(c)(1)(B) of the Federal Credit Union Act (12 U.S.C. 1757a(c)(1)(B)) is amended-- (1) by striking ``or'' after the semicolon at the end of clause (iv); (2) by redesignating clause (v) as clause (vi); and (3) by inserting after clause (iv) the following new clause: ``(v) that is made to a member, the proceeds of which are to be used for commercial, corporate, business, farm, or agricultural purposes in an underserved area if such extension of credit-- ``(I) is made to a person or organization whose principal residence or place of business is located within an underserved area (as defined in section 101(10)) served by the credit union, and is not a business, or a local outlet of a business, operating on a nationwide basis (for purposes of this subclause, a locally owned franchise that consists only of local operations shall not be treated as a business operating on a nationwide basis); or ``(II) is secured by real property located within, or is intended to operate as part of a business located within, such underserved area; or''. (b) Underserved Area Defined.--Section 101 of the Federal Credit Union Act (12 U.S.C. 1752) is amended-- (1) by striking ``and'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(10) The term `underserved area'-- ``(A) means a geographic area consisting of a single census tract or a group of census tracts, each of which-- ``(i) meets the criteria for-- ``(I) a low income community, as defined in section 45D(e) of the Internal Revenue Code of 1986; or ``(II) an investment area, as defined and designated under section 103(16) of the Community Development Banking and Financial Institutions Act of 1994; and ``(ii) is not a tract in which 50 percent or more of the resident families have annual incomes in excess of $75,000 (as adjusted periodically by the Board, at the discretion of the Board, to reflect changes in the average Consumer Price Index for all-urban consumers published by the Department of Labor); and ``(B) notwithstanding subparagraph (A), includes, with respect to any Federal credit union, any geographic area within which such credit union-- ``(i) has received approval to provide service before the date of the enactment of the Promoting Lending to America's Small Businesses Act of 2009 from the National Credit Union Administration; and ``(ii) has established a service facility before such date of enactment.''.

Promoting Lending to America's Small Businesses Act of 2009 - Amends the Federal Credit Union Act to increase the total permissible amount of member business loans by an insured credit union (excluding those made to nonprofit religious organizations) to a limit of 25% of the credit union's total assets. Increases from $50,000 to $250,000 the maximum total extensions of credit a borrower or associated member of an insured credit union may have before any extension of credit shall be considered a member business loan. Revises the prohibition against an increase in the total amount of member business loans by an undercapitalized insured credit union until it becomes adequately capitalized. Repeals the condition of becoming adequately capitalized, and requires only that the National Credit Union Administration Board approve the increase. Excludes from the definition of "member business loan" any extension of credit, meeting other specified criteria, that is made to a member for commercial, corporate, business, farm, or agricultural purposes in an underserved area.

To amend the Federal Credit Union Act to advance the ability of credit unions to promote small business growth and economic development opportunities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Co-Prescribing Saves Lives Act of 2016''. SEC. 2. FINDINGS. Congress finds as follows: (1) Together, the misuse of heroin and opioids account for approximately 25,000 deaths in the United States per year. (2) Drug overdose was the leading cause of injury death in the United States in 2013, and among people 25 to 64 years old, drug overdose caused more deaths than motor vehicle fatalities in 2013. (3) According to the Centers for Disease Control and Prevention, in the United States, fatal opioid-related drug overdose rates have more than quadrupled since 1990 and have never been higher. Each day in the United States, 46 people die from an overdose of prescription painkillers. Nearly 2,000,000 Americans aged 12 or older either abused or were dependent on opioids in 2013. (4) Naloxone is a safe and effective antidote to all opioid-related overdoses, including heroin and fentanyl, and is a critical tool in preventing fatal opioid overdoses in both health care and at-home settings. (5) The opioid overdose antidote naloxone has reversed more than 26,000 overdose cases between 1996 and 2014, according to the Centers for Disease Control and Prevention. SEC. 3. HEALTH CARE PROVIDER TRAINING IN FEDERAL HEALTH CARE AND MEDICAL FACILITIES. (a) Guidelines.-- (1) HHS guidelines.--The Secretary of Health and Human Services shall establish health care provider training guidelines for all Federal health care facilities, including Federally qualified health centers (as defined in paragraph (4) of section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))) and facilities of the Indian Health Service, and shall provide training to all providers described in subsection (b), in accordance with subsection (c). (2) Department of veterans affairs guidelines.--The Secretary of Veterans Affairs shall establish health care provider training guidelines for all medical facilities of the Department of Veterans Affairs, and shall provide training to all providers described in subsection (b), in accordance with subsection (c). (3) Department of defense guidelines.--The Secretary of Defense shall establish health care provider training guidelines for all medical facilities of the Department of Defense, and shall provide training to all providers described in subsection (b), in accordance with subsection (c). (b) Affected Health Care Providers.--The guidelines developed under paragraphs (1) through (3) of subsection (a) shall ensure that training on the appropriate and effective prescribing of opioid medications is provided to all health care providers who are-- (1) Federal employees and who prescribe controlled substances as part of their official responsibilities and duties as Federal employees; (2) contractors in a health care or medical facility of an agency described in paragraph (1), (2), or (3) of subsection (a) who-- (A) spend 50 percent or more of their clinical time under contract with the Federal Government; and (B) prescribe controlled substances under the terms and conditions of their contract or agreement with the Federal Government; or (3) clinical residents and other clinical trainees who spend 50 percent or more of their clinical time practicing in a health care or medical facility of an agency described in paragraph (1), (2), or (3) of subsection (a). (c) Training Requirements.-- (1) Training topics.--The training developed under paragraphs (1) through (3) of subsection (a) shall address, at a minimum, best practices for appropriate and effective prescribing of pain medications, principles of pain management, the misuse potential of controlled substances, identification of potential substance use disorders and referral to further evaluation and treatment, and proper methods for disposing of controlled substances. (2) Training approaches.--The training approaches developed in accordance with this section may include both traditional continuing education models and models that pair intensive coaching for the highest volume prescribers with case-based courses for other prescribers. (3) Consistency with consensus guidelines.--To the extent practicable, training adopted under subsection (a) shall be consistent with consensus guidelines on pain medication prescribing developed by the Centers for Disease Control and Prevention. (4) Training frequency.--Each agency described in paragraphs (1) through (3) of subsection (a) shall provide training of the health care providers in accordance with this section not later than 18 months after the date of enactment of this Act, and every 3 years thereafter. (d) Definitions.--For purposes of this section, the term ``controlled substance'' has the meaning given such term in section 102 of the Controlled Substances Act (21 U.S.C. 802). SEC. 4. NALOXONE CO-PRESCRIBING IN FEDERAL HEALTH CARE AND MEDICAL FACILITIES. (a) Naloxone Co-Prescribing Guidelines.--Not later than 180 days after the date of enactment of this Act: (1) The Secretary of Health and Human Services shall establish naloxone co-prescribing guidelines applicable to all Federally qualified health centers (as defined in paragraph (4) of section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))) and the health care facilities of the Indian Health Service. (2) The Secretary of Defense shall establish co-prescribing guidelines applicable to all Department of Defense medical facilities. (3) The Secretary of Veterans Affairs shall establish co- prescribing guidelines applicable to all Department of Veterans Affairs medical facilities. (b) Requirement.--The guidelines established under subsection (a) shall address naloxone co-prescribing for both pain patients receiving chronic opioid therapy and patients being treated for opioid use disorders. (c) Definitions.--In this section: (1) Co-prescribing.--The term ``co-prescribing'' means, with respect to an opioid overdose reversal drug, the practice of prescribing such drug in conjunction with an opioid prescription for patients at an elevated risk of overdose, or in conjunction with an opioid agonist approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) for the treatment of opioid use disorders, or in other circumstances in which a provider identifies a patient at an elevated risk for an intentional or unintentional drug overdose from heroin or prescription opioid therapies. (2) Elevated risk of overdose.--The term ``elevated risk of overdose'' has the meaning given such term by the Secretary of Health and Human Services, which-- (A) may be based on the criteria provided in the Opioid Overdose Toolkit published by the Substance Abuse and Mental Health Services Administration; and (B) may include patients on a first course opioid treatment, patients using extended-release and long- acting opioid analgesic, and patients with a respiratory disease or other co-morbidities. SEC. 5. GRANT PROGRAM TO STATE DEPARTMENTS OF HEALTH TO EXPAND NALOXONE CO-PRESCRIBING. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a competitive 4-year co-prescribing opioid overdose reversal drugs grant program to provide State departments of health with resources to develop and apply co-prescribing guidelines, and to provide for increased access to naloxone. (b) Application.--To be eligible to receive a grant under this section, a State shall submit to the Secretary, in such form and manner as the Secretary may require, an application that-- (1) identifies community partners for a co-prescribing program; (2) identifies which providers will be trained in such program and the criteria that will be used to identify eligible patients to participate in such program; and (3) describes how the program will seek to identify State, local, or private funding to continue the program after expiration of the grant. (c) Prioritization.--In awarding grants under this section, the Secretary shall give priority to eligible State departments of health that propose to base State guidelines on guidelines on co-prescribing already in existence at the time of application, such as guidelines of the Department of Veterans Affairs or national medical societies, such as the American Society of Addiction Medicine or American Medical Association. (d) Use of Funds.--A State department of health receiving a grant under this section may use the grant for any of the following activities: (1) To establish a program for co-prescribing opioid overdose reversal drugs, such as naloxone. (2) To expand innovative models of naloxone distribution, as defined by the Secretary. (3) To train and provide resources for health care providers and pharmacists on the co-prescribing of opioid overdose reversal drugs. (4) To establish mechanisms and processes for tracking patients participating in the program described in paragraph (1) and the health outcomes of such patients, and ensuring that health information is de-identified so as to protect patient privacy. (5) To purchase opioid overdose reversal drugs for distribution under the program described in paragraph (1). (6) To offset the copayments and other cost-sharing associated with opioid overdose reversal drugs to ensure that cost is not a limiting factor for eligible individuals, as determined by the Secretary and the applicable State department of health, giving priority to individuals not otherwise insured for such services. (7) To conduct community outreach, in conjunction with community-based organizations, designed to raise awareness of co-prescribing practices, and the availability of opioid overdose reversal drugs. (8) To establish protocols to connect patients who have experienced a drug overdose with appropriate treatment, including appropriate counseling and behavioral therapies. Such protocols shall be consistent with nationally recognized patient placement criteria, such as the criteria of the American Society of Addiction Medicine. (e) Evaluations by Recipients.--As a condition of receipt of a grant under this section, a State department of health shall, for each year for which grant funds are received, submit to the Secretary information on appropriate outcome measures specified by the Secretary to assess the outcomes of the program funded by the grant. (f) Definition.--In this section, the term ``co-prescribing'' has the meaning given such term in section 4. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $2,500,000 for each of fiscal years 2017 through 2021.

Co-Prescribing Saves Lives Act of 2016 This bill requires the Department of Health and Human Services (HHS), the Department of Veterans Affairs (VA), and the Department of Defense (DOD) to: (1) establish training guidelines for federal health care facilities and federally qualified health centers; and (2) train certain health care providers at federal health care facilities on best practices for prescribing pain medications, principles of pain management, the misuse potential of controlled substances, identification of potential substance use disorders and referral to further evaluation and treatment, and disposal of controlled substances. HHS, the VA, and DOD must establish, for certain health care facilities, guidelines for the prescription of naloxone to individuals at an elevated risk of overdose. (Naloxone is a prescription drug used to rapidly reverse an overdose of opioids, which are drugs with effects similar to opium, such as heroin and certain pain medications.) HHS must award grants to state departments of health for the development and application of guidelines for the prescription of opioid overdose reversal drugs and to increase access to naloxone. Grants may be used to: establish a program for purchasing, prescribing, and distributing opioid overdose reversal drugs; expand innovative models of naloxone distribution; train and provide resources to health care providers and pharmacists on prescribing opioid overdose reversal drugs; offset individuals' cost-sharing for opioid overdose reversal drugs; conduct community outreach to raise awareness of the availability of opioid overdose reversal drugs; and establish protocols to connect patients who have experienced a drug overdose with treatment.

Co-Prescribing Saves Lives Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Reforestation Act of 2004''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the forest land derived from the public domain should be maintained in appropriate forest cover with species of trees, degree of stocking, rate of growth, and conditions of stand designed to secure the maximum benefits of multiple use sustained yield management; (2) recent intense or stand replacing wildfires and other natural disasters, including drought and insect infestations, have destroyed forest ecosystems and eliminated sources of tree seed for desired species, which has delayed or precluded the reestablishment of appropriate forest cover on millions of acres of forest land derived from the public domain; (3) reforestation treatments on forest land derived from the public domain after a wildfire or nonfire natural disturbance event restore appropriate forest cover, which provides multiple renewable resource benefits, including-- (A) protecting soil and water resources; (B) providing habitat for wildlife and fish populations; (C) contributing to aesthetics; (D) enhancing the recreational experience; (E) providing a source of wood fiber for domestic use; and (F) ensuring the health and resiliency of affected ecosystems for present and future generations; (4) post-fire and natural disaster reforestation needs should be accomplished quickly and in accordance with applicable forest land management plans to achieve desired forest conditions at the least cost to other renewable resources values, such as-- (A) the loss of wildlife habitat; (B) soil erosion; and (C) water quality degradation; (5) greater resources are needed to meet reforestation needs on forest land derived from the public domain because of-- (A) damage from wildfire, disease, and insect infestation; and (B) declining revenues; and (6) reforestation needs represent over 5 years of reforestation work at current levels of reforestation, with a backlog of needs accumulating each year. (b) Purposes.--The purposes of this Act are to-- (1) provide increased funding for the reforestation of appropriate forest cover on forest land derived from the public domain; and (2) promote timely reforestation treatment. SEC. 3. TRANSFERS TO TRUST FUND. Section 303(b)(2) of Public Law 96-451 (16 U.S.C. 1606a(b)(2)) is amended by striking ``$30,000,000'' and inserting ``$90,000,000''. SEC. 4. OBLIGATIONS FROM TRUST FUND. Section 303(d) of Public Law 96-451 (16 U.S.C. 1606a(d)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (2) by striking the ``The Secretary of Agriculture'' and inserting the following: ``(2) Reforestation and timber stand improvements.--The Secretary of Agriculture''; (3) by inserting before paragraph (2) (as designated by paragraph (2)) the following: ``(1) Definitions.--In this paragraph: ``(A) Appropriate forest cover.--The term `appropriate forest cover' means the species of trees, the degree of stocking, the rate of growth, and the conditions of a stand designed to secure the maximum benefits of multiple use sustained yield management. ``(B) Moderate fire intensity area.--The term `moderate fire intensity area' means a burned area, with respect to which the Secretary of Agriculture has determined that-- ``(i) factors indicate a high intensity burn has occurred on less than 40 percent of the burned area; and ``(ii) the burned area may-- ``(I) be a potential flood source; ``(II) contain water-repellent soils; or ``(III) yield abnormally high overland runoff. ``(C) High fire intensity area.--The term `high fire intensity area' means a burned area, with respect to which the Secretary of Agriculture has determined that-- ``(i) the factors indicate a high-intensity burn has occurred on 40 percent or more of the burned area; and ``(ii) the burned area is a potential flood source. ``(D) Nonfire natural disturbance event.--The term `nonfire natural disturbance event' means an event that the Secretary of Agriculture has determined-- ``(i) is a result of insect or disease infestation, storm damage, or other natural occurrences; and ``(ii) requires reforestation treatment to restore appropriate forest cover.''. (4) in paragraph (2) (as designated by paragraph (2))-- (A) in subparagraph (A) (as redesignated by paragraph (1))-- (i) by inserting ``, subject to subparagraph (B),'' after ``reforestation''; and (ii) by striking ``and'' at the end; (B) by redesignating subparagraph (B) (as redesignated by paragraph (1)) as subparagraph (C); and (C) by inserting after subparagraph (A) (as redesignated by paragraph (1)) the following: ``(B) reforestation treatment to restore appropriate forest cover on forest land derived from the public domain that is capable of growing trees and that is a moderate fire intensity area or high fire intensity area or that has been severely affected by a nonfire natural disturbance event, if-- ``(i) the need for the reforestation treatment is identified in the report submitted to Congress under section 3(e)(1) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(1)); and ``(ii) the reforestation treatment occurs within 5 years of-- ``(I) if there is no harvest activity following the wildfire or the nonfire natural disturbance event, a wildfire or a nonfire natural disturbance event; ``(II) if a regeneration harvest is the final cut in a stand in a disturbed area, the regeneration harvest; or ``(III) if a salvage harvest is the final cut in a stand in a disturbed area, the salvage harvest; and''; and (5) by adding at the end the following: ``(3) Colleges and universities.--In addition to amounts authorized under paragraph (2), the Secretary of Agriculture may obligate up to 10 percent of the sums the Secretary expends annually from the Trust Fund to supplement expenditures of the Forest Service to enter into cooperative agreements with colleges and universities (including forestry schools, land grant colleges and universities, 1890 Institutions, and Tuskegee University) to conduct research to promote or enhance reforestation.''. SEC. 5. TECHNICAL AMENDMENT. Section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by redesignating the second subsection (d) as subsection (e).

National Reforestation Act of 2004 - Increases, from $30 to $90 million, the amount that can be transferred to the Reforestation Trust Fund by the Secretary of the Treasury in any fiscal year. Authorizes the Secretary of Agriculture to obligate sums in the Trust Fund for reforestation treatment to restore appropriate forest cover on forest land derived from the public domain that is capable of growing trees and that is a moderate fire intensity area or high fire intensity area or that has been severely affected by a nonfire natural disturbance event if the need for the treatment is identified in a specified report on herbicides and pesticides and the treatment occurs within five years of: (1) if there is no harvest activity following the wildfire or the nonfire natural disturbance event, a wildfire or a nonfire natural disturbance event; (2) if a regeneration harvest is the final cut in a stand in a disturbed area, the regeneration harvest; or (3) if a salvage harvest is the final cut in a stand in a disturbed area, the salvage harvest. Allows the Secretary of Agriculture, in addition to amounts authorized from the Trust Fund, to obligate up to ten percent of the sums the Secretary expends annually from the Trust Fund to supplement expenditures of the Forest Service to enter into cooperative agreements with colleges and universities to conduct research to promote or enhance reforestation.

A bill to provide for the reforestation of appropriate forest cover on forest land derived from the public domain, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Finance Reform Commission Act of 1996''. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a Commission to be known as the ``Federal Election Law Reform Commission'' (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Appointments.--The Commission shall be comprised of 8 qualified members, who shall be appointed not later than 30 days after the date of enactment of this Act as follows: (A) Appointments by majority leader and speaker.-- The Majority Leader of the Senate and the Speaker of the House of Representatives shall jointly appoint to the Commission-- (i) 1 member who is a retired Federal judge as of the date on which the appointment is made; (ii) 1 member who is a former Member of Congress as of the date on which the appointment is made; and (iii) 1 member who is from the academic community. (B) Appointments by minority leaders.--The Minority Leader of the Senate and the Minority Leader of the House of Representatives shall jointly appoint to the Commission-- (i) 1 member who is a retired Federal judge as of the date on which the appointment is made; and (ii) 1 member who is a former Member of Congress as of the date on which the appointment is made. (C) Appointment by president.--The President shall appoint to the Commission 1 member who is from the academic community. (D) Appointments by commission members.--The members appointed under subparagraphs (A), (B), and (C) shall jointly appoint 2 members to the Commission, neither of whom shall have held any elected or appointed public or political party office, including any position with an election campaign for Federal office, during the 10 years preceding the date on which the appointment is made. (2) Qualifications.-- (A) In general.--A person shall not be qualified for an appointment under this subsection if that person, during the 10-year period preceding the date on which the appointment is made-- (i) held a position under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; (ii) was an employee of the legislative branch of the Federal Government, not including any service as a Member of Congress; or (iii) was required to register under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) or derived a significant income from influencing, or attempting to influence, members or employees of the executive or legislative branches of the Federal Government. (B) Party affiliations.--Not more than 3 members of the Commission shall be members of, or associated with, the same political party (as that term is defined in section 301(16) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(16)). (3) Chairperson and vice chairperson.--The members of the Commission shall designate a chairperson and a vice chairperson from among the membership of the Commission. The chairperson shall be from a political party other than the political party of the vice chairperson. (4) Financial disclosure.--Not later than 60 days after appointment to the Commission, each member of the Commission shall file with the Secretary of the Senate, the Office of the Clerk of the House of Representatives, and the Federal Election Commission a report containing the information contained in section 102 of title 5, United States Code. (5) Period of appointment; vacancies.--Members of the Commission 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. (6) Termination of commission.--The Commission shall terminate 1 year after the date of enactment of this Act. (c) Powers.-- (1) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (2) 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. (3) 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. (d) Pay and Travel Expenses.-- (1) Members.--Each member of the Commission, other than the Chairperson, shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (2) Chairperson.--The Chairperson shall be paid for each day referred to in paragraph (1) at a rate equal to the daily equivalent of the annual rate of basic pay payable for level III of the Executive Schedule under section 5315 of title 5, United States Code. (e) Staff.-- (1) Executive director.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director of the Commission, who shall be paid at the rate of basic payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (2) Other personnel.--(A) Subject to subparagraph (B), the executive director may, without regard to the civil service laws and regulations, appoint and fix the pay of such other additional personnel as may be necessary to enable the Commission to perform its duties. (B) The pay of any individual appointed under this paragraph shall be not more than the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of title 5, United States Code. (3) Detail of federal 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. (f) 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. 3. DUTIES OF COMMISSION. (a) In General.--The Commission shall-- (1) identify the appropriate goals and values for Federal campaign finance laws; (2) evaluate the extent to which the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) has promoted or hindered the attainment of the goals identified under paragraph (1); and (3) make recommendations to the Congress for the achievement of those goals, taking into consideration the impact of the Federal Election Campaign Act of 1971. (b) Considerations.--In making recommendations under subsection (a)(3), the Commission shall consider with respect to Federal election campaigns-- (1) whether campaign spending levels should be limited, and, if so, to what extent; (2) the role of interest groups and whether that role should be limited or regulated; (3) the role of other funding sources, including political parties, candidates, individuals from inside and outside the State in which the contribution is made; (4) public financing and benefits; and (5) problems in existing campaign finance law, such as soft money, bundling, and independent expenditures. (c) Report and Recommendations.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the Congress-- (1) a report on the activities of the Commission; and (2) a draft of legislation (including technical and conforming provisions) recommended by the Commission to amend the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) and any other law relating to elections for Federal office. SEC. 4. FAST-TRACK PROCEDURES. (a) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such it shall be considered as part of the rules of each House, respectively, or of that House to which it specifically applies, 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 the 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 that House. (b) Definitions.--As used in this section, the term ``Federal election bill'' means only a bill of either House of the Congress which is introduced as provided in subsection (c) to carry out the recommendations of the Commission as set forth in the draft legislation referred to in section 5. (c) Introduction and Referral.--Not later than 3 days after the Commission submits its draft legislation under section 5, a Federal election bill shall be introduced (by request) in the House of Representatives by the Majority Leader of the House and shall be introduced (by request) in the Senate by the Majority Leader of the Senate. Such bills shall be referred to the appropriate committees. (d) Amendments Prohibited.--No amendment to a Federal election bill shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this subsection shall be in order in either House; nor shall it be in order in either House to entertain a request to suspend the application of this subsection by unanimous consent. (e) Period for Committee and Floor Consideration.--(1) If the committee of either House to which a Federal election bill has been referred has not reported it at the close of the 30th day after its introduction, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. If prior to the passage by one House of a Federal election bill of that House, that House receives the same Federal election bill from the other House, then-- (A) the procedure in that House shall be the same as if no Federal election bill had been received from the other House; but (B) the vote on final passage shall be on the Federal election bill of the other House. (2) For purposes of paragraph (1), in computing a number of days in either House, there shall be excluded the days on which that House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die. (f) Floor Consideration in the House.--(1) A motion in the House of Representatives to proceed to the consideration of a Federal election bill shall be highly privileged except that a motion to proceed to consider may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so. The motion to proceed to consider is not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Consideration of a Federal election bill in the House of Representatives shall be in the House with debate limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill. The previous question on the Federal election bill shall be considered as ordered to final passage without intervening motion. It shall not be in order to move to reconsider the vote by which a Federal election bill is agreed to or disagreed to. (3) All appeals from the decisions of the Chairperson relating to the application of the Rules of the House of Representatives to the procedure relating to a Federal election bill shall be decided without debate. (g) Floor Consideration in the Senate.--(1) A motion in the Senate to proceed to the consideration of a Federal election bill shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the Senate on a Federal election bill, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the Majority Leader and the Minority Leader or their designees. (3) Debate in the Senate on any debatable motion or appeal in connection with a Federal election bill shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the Minority Leader or a designee of the Minority Leader. Such leaders, or either of them, may, from time under their control on the passage of a Federal election bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) A motion in the Senate to further limit debate is not debatable. A motion to recommit a Federal election bill is not in order. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out the duties of the Commission under this Act.

Campaign Finance Reform Commission Act of 1996 - Establishes the Federal Election Law Reform Commission to: (1) identify the appropriate goals and values for Federal campaign finance laws; (2) evaluate the extent to which the Federal Election Campaign Act of 1971 (FECA) has promoted or hindered the attainment of the goals identified; and (3) make recommendations to the Congress for the achievement of those goals, taking into consideration the impact of FECA. Requires the Commission to submit to the Congress: (1) a report on Commission activities; and (2) a draft of legislation (including technical and conforming provisions) recommended by the Commission to amend FECA and any other law relating to elections for Federal office. Sets forth procedures for congressional consideration of legislation under fast-track rules. Authorizes appropriations.

Campaign Finance Reform Commission Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety and Accountability in Construction Act''. SEC. 2. HIGHWAY SAFETY. (a) Submission of Project Management Plans.--Section 106(a)(1) of title 23, United States Code, is amended by striking ``such'' and inserting ``the project management plan and such other''. (b) Independent Safety Reviews.-- (1) In general.--Chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 413. Independent safety reviews ``(a) In General.--Subject to subsection (b), the Secretary of Transportation (or the Secretary's designee) is authorized to contract with a qualified independent engineer to objectively analyze the planning, design, construction methods, and materials used to construct any highway project financed with Federal funds if the Secretary (or the Secretary's designee) determines that-- ``(1) the project may endanger public safety; ``(2) the planning, design, or construction of the project differs from the State's existing Project Management Plan; ``(3) the project is experiencing significant cost overruns; or ``(4) there is a reasonable basis for requiring a safety review of the project by an independent engineer. ``(b) Selection of Independent Engineer.-- ``(1) In general.--If the Secretary makes a determination under subsection (a), the Secretary shall select and hire an engineer to conduct the analysis described in subsection (a). ``(2) Qualifications.--The engineer selected under this subsection-- ``(A) shall be a registered professional engineer with a background in the appropriate engineering discipline; ``(B) shall have significant knowledge and experience in highway projects; and ``(C) may not have any prior association with the project to be reviewed or any affiliation with any project participant. ``(3) Notification requirement.--If an engineer is selected under this section, the Secretary shall notify-- ``(A) the members of Congress of the districts in which the project being reviewed is located; and ``(B) the Committee on Commerce, Science, and Transportation of the Senate; ``(C) the Committee on Environment and Public Works of the Senate; and ``(D) the Committee on Transportation and Infrastructure of the House of Representatives. ``(c) Access.-- ``(1) In general.--The transportation department of each State in which a highway project is being reviewed by an independent engineer selected under subsection (b), and any contractors involved in the project, shall provide the engineer with reasonable access to the plans, records, and construction sites of the project. ``(2) Contract provisions.--Beginning on the date of the enactment of this section, each contract relating to a highway project receiving Federal financial assistance shall explicitly-- ``(A) authorize the Secretary of Transportation to conduct a safety review in accordance with this section; and ``(B) require the parties to comply with paragraph (1). ``(d) Reports.-- ``(1) Analysis findings.--At the conclusion of the analysis described in subsection (a), the independent engineer shall submit a report containing the findings of such analysis to-- ``(A) the Secretary of Transportation; ``(B) the Inspector General of the Department of Transportation; ``(C) the Administrator of the Federal Highway Administration; and ``(D) the transportation department of the State in which the project is located. ``(2) Internal review.--The Inspector General of the Department of Transportation shall ensure compliance with the requirements under this section and shall submit a report describing such compliance to-- ``(A) the Secretary of Transportation; ``(B) the Administrator of the Federal Highway Administration; and ``(C) the appropriate congressional committees. ``(e) Authorization of Appropriations.--There are authorized to be appropriated $15,000,000 for each fiscal year to carry out this section.''. (2) Clerical amendment.--The table of sections in chapter 4 of title 23, United States Code, is amended by adding at the end the following: ``413. Independent safety reviews.''. SEC. 3. TUNNEL INSPECTIONS. (a) In General.--Section 151 of title 23, United States Code, is amended-- (1) in the section heading, by inserting ``and tunnel'' after ``bridge''; (2) in subsections (a) and (c), by inserting ``and Tunnel'' after ``Bridge'' each place it appears in the subsection headings; (3) by inserting ``and tunnel'' after ``bridge'' each place it appears; (4) by inserting ``and tunnels'' after ``bridges'' each place it appears; and (5) in subsection (d), by striking ``section 104(a), section 502, and section 144 of this title.'' and inserting ``sections 104(a), 144, and 502 for the bridge inspection program and sections 104(a) and 502 for the tunnel inspection program.''. (b) Surface Transportation Program.--Section 133(b)(1) of title 23, United States Code, is amended by inserting ``, tunnels (including safety inspections),'' after ``highways)''.

Safety and Accountability in Construction Act - Requires state transportation departments to submit project management plans for federal-aid highway projects to the Secretary of Transportation for approval. Authorizes the Secretary to contract with a qualified independent engineer to provide independent safety reviews of federally-financed highway projects if certain determinations are made. Requires the Secretary to establish a national tunnel inspection program (including national standards for the inspection of such tunnels). Authorizes states to obligate apportioned surface transportation program funds for: (1) the construction and repair of tunnels; and (2) tunnel safety inspections.

A bill to authorize the Secretary of Transportation to contract with an independent engineer to review the construction methods of certain Federal highway projects, to require States to submit a project management plan for each highway project financed with Federal funds, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Consumers Relief Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Direct costs.--The term ``direct costs'' has the meaning given the term in chapter 8 of the report of the Environmental Protection Agency entitled ``Guidelines for Preparing Economic Analyses'' and dated December 17, 2010. (3) Energy-related rule that is estimated to cost more than $1,000,000,000.--The term ``energy-related rule that is estimated to cost more than $1,000,000,000'' means a rule of the Environmental Protection Agency that-- (A) regulates any aspect of the production, supply, distribution, or use of energy or provides for such regulation by States or other governmental entities; and (B) is estimated by the Administrator or the Director of the Office of Management and Budget to impose direct costs and indirect costs, in the aggregate, of more than $1,000,000,000. (4) Indirect costs.--The term ``indirect costs'' has the meaning given the term in chapter 8 of the report of the Environmental Protection Agency entitled ``Guidelines for Preparing Economic Analyses'' and dated December 17, 2010. (5) Rule.--The term ``rule'' has the meaning given to the term in section 551 of title 5, United States Code. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. PROHIBITION AGAINST FINALIZING CERTAIN ENERGY-RELATED RULES THAT WILL CAUSE SIGNIFICANT ADVERSE EFFECTS TO THE ECONOMY. Notwithstanding any other provision of law, the Administrator may not promulgate as final an energy-related rule that is estimated to cost more than $1,000,000,000 if the Secretary determines under section 4(b)(3) that the rule will cause significant adverse effects to the economy. SEC. 4. REPORTS AND DETERMINATIONS PRIOR TO PROMULGATING AS FINAL CERTAIN ENERGY-RELATED RULES. (a) In General.--Before promulgating as final any energy-related rule that is estimated to cost more than $1,000,000,000, the Administrator shall carry out the requirements of subsection (b). (b) Requirements.-- (1) Report to congress.--The Administrator shall submit to Congress and the Secretary a report containing-- (A) a copy of the rule; (B) a concise general statement relating to the rule; (C) an estimate of the total costs of the rule, including the direct costs and indirect costs of the rule; (D)(i) an estimate of the total benefits of the rule and when such benefits are expected to be realized; (ii) a description of the modeling, the calculations, the assumptions, and the limitations due to uncertainty, speculation, or lack of information associated with the estimates under this subparagraph; and (iii) a certification that all data and documents relied upon by the Environmental Protection Agency in developing the estimates-- (I) have been preserved; and (II) are available for review by the public on the Web site of the Environmental Protection Agency, except to the extent to which publication of the data and documents would constitute disclosure of confidential information in violation of applicable Federal law; (E) an estimate of the increases in energy prices, including potential increases in gasoline or electricity prices for consumers, that may result from implementation or enforcement of the rule; and (F) a detailed description of the employment effects, including potential job losses and shifts in employment, that may result from implementation or enforcement of the rule. (2) Initial determination on increases and impacts.--The Secretary, in consultation with the Federal Energy Regulatory Commission and the Administrator of the Energy Information Administration, shall prepare an independent analysis to determine whether the rule will cause any-- (A) increase in energy prices for consumers, including low-income households, small businesses, and manufacturers; (B) impact on fuel diversity of the electricity generation portfolio of the United States or on national, regional, or local electric reliability; (C) adverse effect on energy supply, distribution, or use due to the economic or technical infeasibility of implementing the rule; or (D) other adverse effect on energy supply, distribution, or use, including a shortfall in supply and increased use of foreign supplies. (3) Subsequent determination on adverse effects to the economy.--If the Secretary determines under paragraph (2) that the rule will cause an increase, impact, or effect described in that paragraph, the Secretary, in consultation with the Administrator, the Secretary of Commerce, the Secretary of Labor, and the Administrator of the Small Business Administration, shall-- (A) determine whether the rule will cause significant adverse effects to the economy, taking into consideration-- (i) the costs and benefits of the rule and limitations in calculating the costs and benefits due to uncertainty, speculation, or lack of information; and (ii) the positive and negative impacts of the rule on economic indicators, including those related to gross domestic product, unemployment, wages, consumer prices, and business and manufacturing activity; and (B) publish the results of the determination made under subparagraph (A) in the Federal Register. SEC. 5. PROHIBITION ON USE OF SOCIAL COST OF CARBON IN ANALYSIS. (a) Definition of Social Cost of Carbon.--In this section, the term ``social cost of carbon'' means-- (1) the social cost of carbon as described in the technical support document entitled ``Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866'', published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013 (or any successor or substantially related document); or (2) any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. (b) Prohibition on Use of Social Cost of Carbon in Analysis.-- Notwithstanding any other provision of law or any Executive order, the Administrator may not use the social cost of carbon to incorporate social benefits of reducing carbon dioxide emissions, or for any other reason, in any cost-benefit analysis relating to an energy-related rule that is estimated to cost more than $1,000,000,000 unless a Federal law is enacted authorizing the use.

Energy Consumers Relief Act of 2015 This bill requires the Environmental Protection Agency (EPA) to submit a report to Congress and the Department of Energy (DOE) before promulgating a final rule that regulates any aspect of the production, supply, distribution, or use of energy and that is estimated by the EPA or the Office of Management and Budget to impose aggregate costs of more than $1 billion. The report must contain: (1) an estimate of the total costs and benefits of the rule, (2) an estimate of the increases in energy prices that may result from implementation or enforcement of the rule, and (3) a detailed description of the employment effects that may result from implementation or enforcement of the rule. DOE must: (1) prepare an independent analysis to determine whether the rule will cause any increase in energy prices for consumers, any impact on fuel diversity of the nation's electricity generation portfolio or on electric reliability, or any adverse effect on energy supply, distribution, or use; and (2) determine whether the rule will cause significant adverse effects to the economy and publish the determination. The EPA may not promulgate the final rule if DOE determines that the rule will cause significant adverse effects to the economy. The EPA may not use the social cost of carbon in any cost-benefit analysis relating to an energy-related rule estimated to cost more than $1 billion unless a federal law is enacted authorizing such use. The social cost of carbon is an estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year.

Energy Consumers Relief Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sage-Grouse Accountability and Private Conservation Act of 2014''. SEC. 2. FINDINGS. Congress finds that-- (1) pursuant to the court-approved work schedule described in the Joint Motion for Approval of Settlement Agreement and Order of Dismissal of Guardians Claims entitled ``In Re Endangered Species Act Section 4 Deadline Litigation'' (D.D.C. 2011), not later than September 30, 2015, the Secretary is scheduled to issue a decision on whether to proceed with listing the greater sage-grouse as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (2) the Federal Government, through programs of the Department of the Interior and the Department of Agriculture, has invested substantial funds on greater and Gunnison sage- grouse conservation efforts to avoid the greater and Gunnison sage-grouse being listed as threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (3) State wildlife management agencies have prepared, and as of the date of enactment of this Act are in the process of implementing, greater and Gunnison sage-grouse conservation plans to complement the conservation efforts of the Federal Government; (4) private investment in conservation efforts, independently and in conjunction with Federal cost-share conservation easement programs, has been significant; (5) through a combination of Federal, State, and private efforts, significant conservation progress is being made, and further progress will be made following full implementation of State management plans and new Federal conservation programs; and (6) farmers, ranchers, developers, and small businesses need certainty, and further clarity on the likelihood of a listing decision will provide that certainty. SEC. 3. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of the Interior. SEC. 4. GREATER SAGE-GROUSE REPORTING REQUIREMENT. (a) In General.--Not later than December 15, 2014, the Secretary shall submit to the appropriate committees of Congress a report on the status of greater sage-grouse conservation efforts. (b) Contents.--In the report required under subsection (a), the Secretary shall include-- (1) a description of public and private programs and expenditures, including State and Federal Government agencies, relating to greater sage-grouse conservation; (2) a description of State management plans, including plans that have been announced but not yet implemented; (3) a description of Bureau of Land Management plans, or plans by any other land management agencies, relating to greater sage-grouse conservation; (4) in accordance with subsection (c), a description of the metrics that, at the discretion of the Secretary, will be used to make a determination of whether the greater sage-grouse should be listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (5) any outcome under the programs, expenditures, or plans referred to in paragraphs (1) through (3) that can be measured by the metrics described in subsection (c); and (6) any recommendations to Congress for legislative actions that could provide certainty to farmers, ranchers, developers, and small businesses and could assist in the conservation of the greater sage-grouse. (c) Reported Metrics.--The metrics referred to in subsection (b)(4) may include-- (1) the quantity of acres enrolled in sagebrush and habitat protection in conservation programs established under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.) or other conservation programs of the Department of Agriculture, including conservation easements, land purchases or swaps, vegetation management or habitat enhancement programs, and fuels management programs; (2) data on nonfire related habitat restoration efforts, including native, nonnative, and mixed seeding efforts; (3) data on mine reclamation and subsequent restoration efforts intended to restore greater sage-grouse habitat; (4) data on conifer removal; (5) data on presuppression fire efforts, including-- (A) the number of acres associated with fuels management programs; and (B) the number of miles associated with fire breaks; (6) data on habitat restoration, including postfire restoration efforts involving native, nonnative, and mixed seeding; (7) data on structure removal, power line burial, power line retrofitting or modification, fence modification, fence marking, and fence removal; (8) for livestock and rangeland management, data on allotment closure and road closure; (9) for travel management, data on road and trail closure and trail rerouting; (10) data on greater sage-grouse translocation efforts, including the number of greater sage-grouse translocated, the age of each translocated greater sage-grouse, and the sex of each translocated greater sage-grouse; and (11) any other data or metric the Secretary may examine in making the decision on whether to list the greater sage-grouse as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 5. AGRICULTURAL LAND EASEMENTS. (a) In General.--Section 1265B(b)(2)(C)(i) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)(C)(i)) is amended-- (1) by striking ``Grasslands'' and inserting ``In general''; and (2) by inserting ``and land with greater or Gunnison sage- grouse habitat of special environmental significance'' after ``significance''. (b) Considerations.--Section 1265B(b)(3)(B) of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(3)(B)) is amended-- (1) in clause (i), by striking ``and'' after the semicolon at the end; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) maximizing the protection of greater or Gunnison sage-grouse habitat.''.

Sage-Grouse Accountability and Private Conservation Act of 2014 - Directs the Department of the Interior to report on the status of the greater sage-grouse conservation efforts by December 15, 2014. Requires the report to include a description of: (1) public (federal and state) and private programs and expenditures, (2) existing state management plans as well as plans that have been announced but not yet implemented, and (3) plans by land management agencies. Authorizes the Department of Agriculture (USDA) to provide funding under its agricultural land easements program for a conservation easement in an amount that is up to 75% of the value of land with greater or Gunnison sage-grouse habitat of special environmental significance. Adds maximizing the protection of that habitat as a consideration when ranking applications to the program.

Sage-Grouse Accountability and Private Conservation Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Assistance and Counseling Act of 1999''. SEC. 2. PENSION COUNSELING PROGRAMS. Title VII of the Older Americans Act of 1965 (42 U.S.C. 3058 et seq.) is amended-- (1) by redesignating subtitle C as subtitle D; (2) by redesignating sections 761 through 764 as sections 791 through 794, respectively; and (3) by inserting after subtitle B the following: ``Subtitle C--Pension Counseling ``SEC. 761. PENSION COUNSELING PROGRAM. ``(a) Definitions.--In this section: ``(1) Pension and other retirement benefits.--The term `pension and other retirement benefits' means private, civil service, and other public pensions and retirement benefits, including benefits provided under-- ``(A) the Social Security program carried out under title II of the Social Security Act (42 U.S.C. 401 et seq.); ``(B) the railroad retirement program carried out under the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.); ``(C) the government retirement benefits programs carried out under-- ``(i) the Civil Service Retirement System set forth in subchapter III of chapter 83 of title 5, United States Code; ``(ii) the Federal Employees Retirement System set forth in chapter 84 of title 5, United States Code; ``(iii) title 10, United States Code; or ``(iv) any other government retirement system, including any Government pension plan as such term is defined under section 9502 of title 31, United States Code; or ``(D) the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). ``(2) Pension counseling program.--The term `pension counseling program' means a program described in subsection (c). ``(b) Establishment.--The Assistant Secretary shall establish and carry out pension counseling projects. In carrying out the projects, the Assistant Secretary shall award grants under subsection (c) and (d). ``(c) Pension Counseling Programs.-- ``(1) Use of funds.--In carrying out the projects specified in subsection (b), the Assistant Secretary shall award grants to eligible entities to establish programs that create or continue a sufficient number of pension assistance and counseling projects to provide outreach, information, counseling, referral, and other assistance regarding pension and other retirement benefits, and rights related to such benefits, to individuals throughout the United States. ``(2) Award of grants.-- ``(A) Type of entity.--The Assistant Secretary shall award under this subsection-- ``(i) grants to State agencies or area agencies on aging; and ``(ii) grants to nonprofit organizations with a proven record of providing-- ``(I) services related to retirement of older individuals; or ``(II) specific pension counseling. ``(B) Panel.--In awarding grants under this subsection, the Assistant Secretary shall use a citizen advisory panel that shall include representatives of business, labor, national senior advocates, and national pension rights advocates. ``(C) Criteria.--In awarding grants under this subsection, the Assistant Secretary, after consultation with the panel, shall use as criteria-- ``(i) evidence of commitment of an agency or organization to carry out a proposed pension counseling program; ``(ii) the ability of the agency or organization to perform effective outreach to affected populations, particularly populations identified as in need of special outreach; ``(iii) reliable information that the population to be served by the agency or organization has a demonstrable need for the services proposed to be provided under the program; and ``(iv) evidence of ability of the agency or organization to provide services under the program on a statewide or regional basis. ``(3) Application.-- ``(A) In general.--To be eligible to receive a grant under this subsection, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require, including, at a minimum-- ``(i) a plan for the establishment of a pension counseling program to serve a specific geographic area; and ``(ii) an assurance that staff members (including volunteer staff members) have no conflict of interest in providing the services described in the plan. ``(B) Plan.--The plan described in subparagraph (A) shall provide for a program that-- ``(i) establishes or continues a State or area pension counseling service; ``(ii) provides counseling (including direct counseling and assistance to individuals needing information) and information that may assist individuals in establishing rights to, obtaining, and filing claims or complaints related to, pension and other retirement benefits; ``(iii) provides information on sources of pension and other retirement benefits, including the benefits under programs described in subsection (a)(1); ``(iv) makes referrals to legal services and other advocacy programs; ``(v) establishes a system of referral to Federal, State, and local departments or agencies related to pension and other retirement benefits; ``(vi) provides a sufficient number of staff positions (including volunteer positions) to ensure information, counseling, referral, and assistance regarding pension and other retirement benefits; ``(vii) provides training programs for staff members, including volunteer staff members of the programs described in subsection (a)(1); ``(viii) makes recommendations to the Administration, the Department of Labor, and other Federal, State, and local agencies concerning issues for older individuals related to pension and other retirement benefits; and ``(ix) establishes or continues to provide projects to provide outreach, information, counseling, referral, and other assistance regarding pension and other retirement benefits, with particular emphasis on outreach to women, minorities, and low-income retirees. ``(d) Training and Technical Assistance Program.-- ``(1) Use of funds.--In carrying out the projects described in subsection (b), the Assistant Secretary shall award a grant to an eligible entity to establish a training and technical assistance program to provide-- ``(A) information and technical assistance to the staffs of entities operating pension counseling programs; and ``(B) assistance to the entities, including assistance in designing program evaluation tools. ``(2) Eligible entity.--Entities eligible to receive grants under this subsection include nonprofit private organizations with records of providing national information, referral, and advocacy in matters related to pension and other retirement benefits. ``(3) Application.--To be eligible to receive a grant under this subsection, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require. ``(e) Pension Assistance Hotline and Interagency Coordination.--The Assistant Secretary shall enter into interagency agreements for the establishment and operation of, and dissemination of information about, a telephone hotline for individuals seeking outreach, information, counseling, referral, and assistance regarding pension and other retirement benefits, and rights related to such benefits. The Assistant Secretary shall also enter into agreements with the Secretary of Labor and with the heads of other Federal agencies that regulate the provision of pension and other retirement benefits, as the Assistant Secretary determines to be appropriate, in order to carry out this subsection and to develop a nationwide public-private pension assistance system. ``(f) Report to Congress.-- ``(1) Preparation.--The Assistant Secretary shall prepare a report that-- ``(A) summarizes the distribution of funds authorized for grants under this section and the expenditure of such funds; ``(B) summarizes the scope and content of training and assistance provided under a program carried out under this section and the degree to which the training and assistance can be replicated; ``(C) outlines the problems that individuals participating in programs funded under this section encountered concerning rights related to pension and other retirement benefits; and ``(D) makes recommendations regarding the manner in which services provided in programs funded under this section can be incorporated into the ongoing programs of State agencies, area agencies on aging, multipurpose senior centers, and other similar entities. ``(2) Submission.--Not later than 30 months after the date of enactment of this section, the Assistant Secretary shall submit the report described in paragraph (1) to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(g) Administrative Expenses.--Of the funds appropriated under subsection (h) to carry out this section for a fiscal year, not more than $100,000 may be used by the Administration for administrative expenses in carrying out this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2000 through 2003.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Repealer.--Section 429J of the Older Americans Act of 1965 (42 U.S.C. 3035r) is repealed. (b) Conforming Amendment.--Subsection (b) of section 794 of the Older Americans Act of 1965 (as redesignated in section 2(2)) is amended by striking ``entities described in section 751(c)'' and inserting ``persons and entities described in section 793(b)''.

Specifies that such grants shall be awarded to: (1) State agencies or area agencies on aging; (2) nonprofit organizations with a proven record of providing services related to retirement of older individuals or specific pension counseling; and (3) an eligible entity to establish a training and technical assistance program to provide information and technical assistance to the staffs of entities operating pension counseling programs and assistance to such entities, including assistance in designing program evaluation tools. Makes nonprofit private organizations with records of providing national information, referral, and advocacy in matters related to pension and other retirement benefits eligible to receive training and technical assistance grants. Requires the Assistant Secretary to enter into: (1) interagency agreements for the establishment and operation of, and dissemination of information about, a telephone hotline for individuals seeking outreach, information, counseling, referral, and assistance regarding pension and other retirement benefits, and rights related to such benefits; and (2) agreements with the Secretary of Labor and with the heads of other Federal agencies that regulate the provision of pension and other retirement benefits, as appropriate, in order to carry out this Act and to develop a nationwide public-private pension assistance system. Authorizes appropriations. Repeals provisions of the Act that establish pension rights demonstration projects.

Pension Assistance and Counseling Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Scientifically Identifying the Need for Critical Habitat Act''. SEC. 2. DISCRETIONARY AUTHORITY TO DESIGNATE CRITICAL HABITAT. Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)(A)) is amended to read as follows: ``(A) may designate any habitat of a species that is determined under paragraph (1) to be an endangered species or threatened species as critical habitat of such species; and ''. SEC. 3. SOUND SCIENCE. (a) Best Scientific and Commercial Data Available.-- (1) In general.--Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended-- (A) by amending the section heading to read as follows: ``SEC. 3. DEFINITIONS AND GENERAL PROVISIONS. ''; (B) by striking ``For the purposes of this Act--'' and inserting the following: ``(a) Definitions.--In this Act:''; and (C) by adding at the end the following: ``(b) Use of Certain Data.--In any case in which the Secretary is required by this Act to use the best scientific and commercial data available, the Secretary, in evaluating comparable data, shall give greater weight to scientific or commercial data that is empirical or has been field-tested or peer-reviewed.''. (2) Conforming amendment.--The table of contents in the first section of the Endangered Species Act of 1973 (16 U.S.C. prec. 1531) is amended by striking the item relating to section 3 and inserting the following: ``Sec. 3. Definitions and general provisions.''. (b) Use of Sound Science in Listing.--Section 4(b) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding at the end the following: ``(9) Establishment of criteria for scientific studies to support listing.--Not later than 1 year after the date of enactment of this paragraph, the Secretary shall promulgate regulations that establish criteria that must be met for scientific and commercial data to be used as the basis of a determination under this section that a species is an endangered species or a threatened species. ``(10) Field data.-- ``(A) Requirement.--The Secretary may not determine that a species is an endangered species or a threatened species unless the determination is supported by data obtained by observation of the species in the field. ``(B) Data from landowners.--The Secretary shall-- ``(i) accept and acknowledge receipt of data regarding the status of a species that is collected by an owner of land through observation of the species on the land; and ``(ii) include the data in the rulemaking record compiled for any determination that the species is an endangered species or a threatened species.''. (c) Use of Sound Science in Recovery Planning.--Section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding at the end the following: ``(6)(A) The Secretary shall identify and publish in the Federal Register with the notice of a proposed regulation pursuant to paragraph (5)(A)(i) a description of additional scientific and commercial data that would assist in the preparation of a recovery plan and-- ``(i) invite any person to submit the data to the Secretary; and ``(ii) describe the steps that the Secretary plans to take for acquiring additional data. ``(B) Data identified and obtained under subparagraph (A)(i) shall be considered by the recovery team and the Secretary in the preparation of the recovery plan in accordance with section 5.''. SEC. 4. PEER REVIEW. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended by adding at the end the following: ``(j) Independent Scientific Review Requirements.-- ``(1) Definitions.--In this subsection: ``(A) Action.--The term `action' means-- ``(i) the determination that a species is an endangered species or a threatened species under subsection (a); ``(ii) the determination under subsection (a) that an endangered species or a threatened species be removed from any list published under subsection (c)(1); ``(iii) the development of a recovery plan for a threatened species or endangered species under subsection (f); and ``(iv) the determination that a proposed action is likely to jeopardize the continued existence of a listed species and the proposal of any reasonable and prudent alternatives by the Secretary under section 7(b)(3). ``(B) Qualified individual.--The term `qualified individual' means an individual with expertise in the biological sciences-- ``(i) who through publication of peer- reviewed scientific literature or other means, has demonstrated scientific expertise on the species or a similar species or other scientific expertise relevant to the decision of the Secretary under subsection (a) or (f); ``(ii) who does not have, or represent any person with, a conflict of interest with respect to the determination that is the subject of the review; ``(iii) who is not a participant in any petition or proposed or final determination before the Secretary; and ``(iv) who has no direct financial interest, and is not employed by any person with a direct financial interest, in opposing the action under consideration. ``(2) List of independent scientific reviewers.--The Secretary shall solicit recommendations from the National Academy of Sciences and develop and maintain a list of qualified reviewers to participate in independent scientific review actions. ``(3) Appointment of independent scientific reviewers.--(A) Before any action shall become final, the Secretary shall appoint randomly, from among the list prepared in accordance with this section, 3 qualified individuals who shall review and report to the Secretary on the scientific information and analyses on which the proposed action is based. ``(B) The selection and activities of the referees selected pursuant to this section shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(C) Reviewers shall be compensated for conducting the independent review. ``(4) Opinion of peer reviewers.--Independent reviewers shall provide the Secretary, within 3 months, their opinion regarding all relevant scientific information and assumptions relating to the taxonomy, population models, and supportive biological and ecological information for the species in question. ``(5) Final determination.--If the referees have made a recommendation on a proposed action, the Secretary shall evaluate and consider the information that results from the independent scientific review and include in the final determination-- ``(A) a summary of the results of the independent scientific review; and ``(B) in a case in which the recommendation of a majority of the referees who conducted the independent scientific review is not followed, an explanation as to why the recommendation was not followed. ``(6) Public notice.--The report of the peer reviewers shall be included in the official record of the proposed action and shall be available for public review prior to the close of the comment period on the proposed action.''. SEC. 5. IMPROVED RECOVERY PLANNING. (a) Use of Information Provided by States.--Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by adding at the end the following: ``(C) Use of state information.--In conducting a consultation under subsection (a)(2), the Secretary shall actively solicit and consider information from the State agency in each affected State.''. (b) Opportunity to Participate in Consultations.--Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as amended by subsection (a)) is further amended by adding at the end the following: ``(D) Opportunity to participate in consultations.-- ``(i) In general.--In conducting a consultation under subsection (a)(2), the Secretary shall provide any person who has sought authorization or funding from a Federal agency for an action that is the subject of the consultation, the opportunity to-- ``(I) before the development of a draft biological opinion, submit and discuss with the Secretary and the Federal agency information relevant to the effect of the proposed action on the species and the availability of reasonable and prudent alternatives (if a jeopardy opinion is to be issued) that the Federal agency and the person can take to avoid violation of subsection (a)(2); ``(II) receive information, on request, subject to the exemptions specified in section 552(b) of title 5, United States Code, on the status of the species, threats to the species, and conservation measures, used by the Secretary to develop the draft biological opinion and the final biological opinion, including the associated incidental taking statements; and ``(III) receive a copy of the draft biological opinion from the Federal agency and, before issuance of the final biological opinion, submit comments on the draft biological opinion and discuss with the Secretary and the Federal agency the basis for any finding in the draft biological opinion. ``(ii) Explanation.--If reasonable and prudent alternatives are proposed by a person under clause (i) and the Secretary does not include the alternatives in the final biological opinion, the Secretary shall explain to the person why those alternatives were not included in the opinion. ``(iii) Public access to information.-- Comments and other information submitted to, or received from, any person (pursuant to clause (i)) who seeks authorization or funding for an action shall be maintained in a file for that action by the Secretary and shall be made available to the public (subject to the exemptions specified in section 552(b) of title 5, United States Code).''.

Scientifically Identifying the Need for Critical Habitat Act - Amends the Endangered Species Act of 1973 to change from mandatory to discretionary the authority of the Secretary of the Interior to designate critical habitat of an endangered or threatened species. Directs the Secretary, when required by the Act to use the best scientific and commercial data available, in evaluating comparable data to give greater weight to such data that is empirical or has been field-tested or peer-reviewed. Specifies requirements for the use of sound science in the listing of endangered or threatened species such as: (1) the establishment of criteria for scientific studies to support the listing; (2) use of data obtained by observation of the species in the field; and (3) use of data from landowners who have observed such species on their land. Requires the use of sound science in the preparation of a recovery plan for an endangered or threatened species. Sets forth requirements for: (1) peer review before certain action can become final with respect to endangered or threatened species; and (2) use of information provided by States affected by such species or their habitat for recovery plans.

To amend the Endangered Species Act of 1973 to make the authority of the Secretary to designate critical habitat discretionary instead of mandatory, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower East Side Tenement National Historic Site Act of 1994''. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``historic site'' means the Lower East Side Tenement National Historic Site established by section 4. (2) The term ``Museum'' means the Lower East Side Tenement Museum, an education corporation chartered under the laws of the State of New York. (3) The term ``Secretary'' means the Secretary of the Interior. SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the Lower East Side Tenement at 97 Orchard Street, New York, New York, is an outstanding survivor of the vast number of humble buildings in New York City that housed immigrants to the United States during the greatest wave of immigration in American history; (2) the Lower East Side Tenement is well suited to represent a profound social movement involving great numbers of unexceptional but courageous people; (3) between 1880 and 1921, almost three-quarters of the immigrants to the United States entered the country through New York Harbor, most passed through immigration stations at Ellis Island and, earlier, Castle Clinton, both of which have been designated as national monuments, and millions of these immigrants made their way to the Lower East Side of New York City; (4) no other single identifiable neighborhood in the United States absorbed a comparable number of immigrants; (5) the Museum is dedicated to interpreting immigrant life on the Lower East Side and its importance to United States history, and is located within a neighborhood long associated with the immigrant experience in America; (6) the tenement building at 97 Orchard Street has been designated as a National Historic Landmark, has been found to be historically significant, and possesses a historic fabric of exceptional integrity dating from the period of peak immigration to the United States; and (7) the National Park Service has found the Lower East Side Tenement to be nationally significant and to be best protected and interpreted through designation as an affiliated area of the National Park System while remaining under private ownership and management. (b) Purposes.--The purposes of this Act are-- (1) to assure the preservation, maintenance, and interpretation of the Lower East Side Tenement and to interpret, in the tenement and the surrounding neighborhood, the themes of early tenement life, the housing reform movement, and tenement architecture in the United States; (2) to assure the continuation at this site of the Lower East Side Tenement, the preservation of which is necessary for the continued interpretation of the nationally significant immigrant phenomenon associated with the Lower East Side of New York City and the role of the phenomenon in the history of immigration to the United States; and (3) to enhance the interpretation of the Castle Clinton National Monument and Ellis Island National Monument through cooperation with the Lower East Side Tenement National Historic Site. SEC. 4. DESIGNATION OF HISTORIC SITE. In order to further the purposes of this Act and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), the Lower East Side Tenement at 97 Orchard Street, New York, New York, is hereby designated as a national historic site. SEC. 5. COOPERATIVE AGREEMENT. (a) In General.--In furtherance of the purposes of this Act and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), the Secretary may enter into a cooperative agreement with the Museum to effectuate the purposes of this Act. (b) Technical and Financial Assistance.--Any agreement entered into under subsection (a) may include provisions by which the Secretary will provide technical assistance to mark, restore, interpret, operate, and maintain the historic site. Such an agreement may also include provisions by which the Secretary will provide financial assistance to mark, interpret, and restore the historic site (including financial assistance for the making of preservation-related capital improvements and repairs, but not including financial assistance for other routine operations). (c) Additional Provisions.--Any agreement entered into under subsection (a) shall contain provisions that-- (1) the Secretary, acting through the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by such agreement for the purpose of conducting visitors through such property and interpreting the property to the public; and (2) no changes or alterations may be made in property covered by the agreement except by mutual agreement between the Secretary and the other parties to the agreement entered into under subsection (a). SEC. 6. REPORT. The Museum shall, as a condition of the receipt of any assistance under this Act, provide to the Secretary and to the Congress an annual report documenting the activities and expenditures for which any such assistance was used during the fiscal year preceding the report. SEC. 7. APPROPRIATIONS. There is hereby authorized to be appropriated $6,400,000 to carry out the purposes of this Act, such sums to remain available until expended. Amend the title so as to read: ``A bill to establish the Lower East Side Tenement National Historic Site.''.

Lower East Side Tenement National Historic Site Act of 1994 - Designates the Lower East Side Tenement at 97 Orchard Street, New York, New York, as a National Historic Site. Authorizes the Secretary of the Interior to enter into a cooperative agreement with the Lower East Side Tenement Museum to assure preservation, interpretation and continuation of the Site. Requires the Museum, as a condition of the receipt of any assistance under this Act, to report annually to the Secretary of the Interior and to the Congress on the activities and expenditures for which any such assistance was used during the fiscal year preceding the report. Authorizes appropriations.

Lower East Side Tenement National Historic Site Act of 1994

SECTION 1. TEMPORARY REDUCTION IN FUEL TAXES ON GASOLINE, DIESEL FUEL, KEROSENE, AND AVIATION FUEL. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Reduction in Taxes on Gasoline, Diesel Fuel, and Kerosene.-- ``(1) In general.--During the applicable period, each rate of tax referred to in paragraph (2) shall be reduced by the applicable cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) clause (i), (ii), (iii) of subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), and ``(B) paragraph (1) of section 4041(a) (relating to diesel fuel) with respect to fuel sold for use or used in a diesel-powered highway vehicle. ``(3) Applicable cents per gallon.--For purposes of this subsection and section 4091(e)(1), the applicable cents per gallon for each rate of tax referred to in paragraph (2) and section 4091(b)(1) shall be an amount determined by the Secretary, after consultation with the Director of the Office of Management and Budget, such that each such rate of tax is reduced in a pro rata manner and that the resulting aggregate reduction in revenues to the Treasury shall not exceed the Federal on-line budget surplus during the applicable period. ``(4) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Highway Trust Fund under section 9503 and the Airport and Airway Trust Fund under section 9502, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section. ``(5) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning after April 15, 2000, and ending before January 1, 2001.'' (b) Aviation Fuel.--Section 4091 of the Internal Revenue Code of 1986 (relating to imposition of tax on aviation fuel) is amended by adding at the end the following new subsection: ``(e) Temporary Reduction in Tax on Aviation Fuel.-- ``(1) In general.--During the applicable period, the rate of tax otherwise applicable under subsection (b)(1) shall be reduced by the applicable cents per gallon determined under section 4081(f)(3). ``(2) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Airport and Airway Trust Fund under section 9502, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section. ``(3) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning after April 15, 2000, and ending before January 1, 2001.'' (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 2. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax reduction date, tax has been imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on the tax reduction date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax reduction date, and (2) in any case where liquid is held by a dealer (other than the taxpayer) on the tax reduction date-- (A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after the tax reduction date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (2) the term ``tax reduction date'' means April 16, 2000. (e) Certain Rules To Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 3. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any liquid on which tax would have been imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 during the applicable period but for the amendments made by this Act, and which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax in an amount equal to the tax which would be imposed on such liquid had the taxable event occurred on the floor stocks tax date. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Gasoline, diesel fuel, and aviation fuel.--The terms ``gasoline'', ``diesel fuel'', and ``aviation fuel'' have the respective meanings given such terms by sections 4083 and 4093 of such Code. (3) Floor stocks tax date.--The term ``floor stocks tax date'' means January 1, 2001. (4) Applicable period.--The term ``applicable period'' means the period beginning after April 15, 2000, and ending before January 1, 2001. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to gasoline, diesel fuel, kerosene, or aviation fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 or 4091 of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on gasoline, diesel fuel, kerosene, or aviation fuel held in the tank of a motor vehicle, motorboat, or aircraft. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a)-- (A) on gasoline (other than aviation gasoline) held on the floor stocks tax date by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (B) on aviation gasoline, diesel fuel, kerosene, or aviation fuel held on such date by any person if the aggregate amount of aviation gasoline, diesel fuel, kerosene, or aviation fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this subsection-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Law Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 or 4091 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such section 4081 or 4091. SEC. 4. BENEFITS OF TAX REDUCTION SHOULD BE PASSED ON TO CONSUMERS. (a) Passthrough to Consumers.-- (1) Sense of congress.--It is the sense of Congress that-- (A) consumers immediately receive the benefit of the reduction in taxes under this Act, and (B) transportation motor fuels producers and other dealers take such actions as necessary to reduce transportation motor fuels prices to reflect such reduction, including immediate credits to customer accounts representing tax refunds allowed as credits against excise tax deposit payments under the floor stocks refund provisions of this Act. (2) Study.-- (A) In general.--The Comptroller General of the United States shall conduct a study of the reduction of taxes under this Act to determine whether there has been a passthrough of such reduction. (B) Report.--Not later than September 30, 2000, the Comptroller General of the United States shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives the results of the study conducted under subparagraph (A).

Expresses the sense of the Congress that consumers should immediately receive the benefit of the tax reduction through fuel price reductions. Requires a study to determine if there has been a passthrough of such reduction.

A bill to amend the Internal Revenue code of 1986 to institute a Federal fuels tax holiday.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Historically Black Colleges and Universities Innovation Fund Act of 2014''. SEC. 2. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES INNOVATION FUND. Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following: ``PART F--HISTORICALLY BLACK COLLEGES AND UNIVERSITIES INNOVATION FUND ``SEC. 786. PURPOSE. ``It is the purpose of this part to assist historically Black colleges and universities in planning, developing, implementing, validating, and replicating innovations that provide solutions to persistent challenges in enabling economically and educationally disadvantaged students to enroll in, persist through, and graduate from historically Black colleges and universities, including initiatives designed to-- ``(1) improve student achievement at historically Black colleges and universities; ``(2) increase successful recruitment at historically Black colleges and universities of-- ``(A) students from low-income families of all races; ``(B) adults; and ``(C) military-affiliated students; ``(3) increase the rate at which students enrolled in historically Black colleges and universities make adequate or accelerated progress towards graduation and successfully graduate from such colleges and universities; ``(4) increase the number of students pursuing and completing degrees in science, technology, engineering, and mathematics at historically Black colleges and universities and pursuing graduate work in such fields; ``(5) enhance the quality of teacher preparation programs offered by historically Black colleges and universities; ``(6) redesign course offerings and institutional student aid programs to help students obtain meaningful employment; and ``(7) expand the effective use of technology at historically Black colleges and universities. ``SEC. 787. DEFINITIONS. ``In this part: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a part B institution as defined in section 322(2); ``(B) a part B institution, as so defined, applying in consortium with one or more other institutions of higher education; ``(C) a part B institution, as so defined, applying in consortium with one or more private nonprofit organizations; ``(D) a part B institution, as so defined, applying in consortium with one or more local educational agencies; or ``(E) a part B institution, as so defined, applying in a consortium that includes entities described in more than one of paragraphs (2), (3), or (4). ``(2) Historically black college or university.--The term `historically Black college or university' has the meaning given the term `part B institution' as defined in section 322(2). ``SEC. 788. GRANTS AUTHORIZED. ``(a) In General.--With funds made available for this part under section 792, the Secretary shall make competitive planning and implementation grants, as described in subsections (b) and (c), to eligible entities to enable such entities to plan for the implementation of, in the case of a planning grant, and implement, in the case of an implementation grant, innovations authorized under this part and to support the implementation, validation, scaling up, and replication of such innovations. ``(b) Planning Grants.-- ``(1) In general.--The Secretary shall use not more than $10,500,000 of the funds made available under section 792 to award planning grants to eligible entities to plan, design, and develop innovations that address the purpose of this part as described in section 786. ``(2) Duration.--A planning grant authorized under this subsection shall be for the duration of 1 year. ``(3) Grant amounts.--Each planning grant authorized under this subsection shall be of an amount that is not more than $100,000. ``(c) Implementation Grants.-- ``(1) In general.--With funds made available for this part under section 792, the Secretary shall award implementation grants to eligible entities to further develop, pilot, field- test, implement, document, validate, and, as applicable, scale up and replicate innovations that address the purpose of this part as described in section 786. ``(2) Duration.--An implementation grant authorized under this subsection shall be for a duration of 5 years, conditional after 3 years upon the eligible entity achieving satisfactory progress towards carrying out the educational innovations, activities, and projects described in section 789(d), as determined by the Secretary. ``(3) Grant amount.--Each planning grant authorized under this subsection shall be of an amount that is not more than $10,000,000. ``(d) Consortium Entities.-- ``(1) Fiscal agent.-- ``(A) In general.--In the case of an eligible entity described in subparagraph (B), (C), (D), or (E) of section 787(1), each part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium for a grant under this part shall agree on 1 such member of such eligible entity to serve as the fiscal agent of such entity. ``(B) Responsibilities.--The fiscal agent of an eligible entity, as described in subparagraph (A), shall act on behalf of such entity in performing the financial duties of such entity. ``(C) Written agreement.--The agreement described in subparagraph (A) shall be in writing and signed by each part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium with the selected fiscal agent for a grant under this part. ``(2) Subgrants.--In the case of an entity described in subparagraph (B), (C), (D), or (E) of section 787(1) that receives a grant under this part, the fiscal agent for such entity (as described in paragraph (1)) may make subgrants to another part B institution, institution of higher education, private nonprofit organization, or educational agency that applied in consortium for such grant with such fiscal agent. ``(e) Federal Share.-- ``(1) Planning grants.--The Federal share of the total cost of carrying out a project funded by a planning grant authorized under subsection (b) shall be 100 percent of such total cost. ``(2) Implementation grants.-- ``(A) In general.--The Federal share of the total cost of carrying out a project funded by an implementation grant authorized under subsection (c) shall be not more than 85 percent of such total cost. ``(B) Remaining cost.--An eligible entity that receives a grant under subsection (c) shall provide, from non-Federal sources, an amount equal to not less than 15 percent of the total cost of carrying out the project funded by the grant. Such amount may be provided by in cash or in kind contributions. ``SEC. 789. APPLICATIONS. ``(a) In General.--An eligible entity desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(b) Consortium Entities.--An application under this section for a planning grant or an implementation grant by an eligible entity that is a part B institution applying for a grant under this part in consortium with another institution of higher education, private nonprofit organization, or educational agency, as described in subparagraph (B), (C), (D), or (E) of section 787(1), shall include the written agreement described in section 788(d)(1)(C). ``(c) Planning Grants.--The Secretary shall ensure that the application requirements under this section for a planning grant authorized under section 788(b) include, in addition to the requirement under subsection (b), only the minimal requirements that are necessary to review the proposed process of an eligible entity for the planning and development of one or more educational innovations that address the purpose of this part as described in section 786. ``(d) Implementation Grants.--An application under this section for an implementation grant authorized under section 788(c) shall include, in addition to the requirement under subsection (b), descriptions of-- ``(1) each educational innovation that the eligible entity will implement using the funds made available by such grant, including, as applicable, a description of the evidence supporting the effectiveness of each such innovation; ``(2) how each educational innovation proposed to be implemented under such grant will address the purpose of this part, as described in section 786, and how each such innovation will further the institutional or organizational missions of, as applicable, the part B institution and each institution of higher education, private nonprofit organization, and educational agency applying in consortium with such part B institution for such grant; ``(3) the specific activities that the eligible entity will carry out with funds made available by such grant, including, for a consortium application submitted by an eligible entity described in subparagraph (B), (C), (D), or (E) of section 787(1), a description of the activities that the part B institution and each institution of higher education, private nonprofit organization, and educational agency of the consortium will carry out and a description of the capacity of each such institution, organization, and educational agency to carry out such activities; ``(4) the performance measures that the eligible entity will use to track its progress in implementing each proposed educational innovation, including a description of how the entity will implement such performance measures and use information on performance to make adjustments and improvements to its implementation activities, as needed, over the course of the grant period; ``(5) how the eligible entity will provide the amount required under section 788(e)(2)(B); ``(6) how the eligible entity will provide for an independent evaluation of the implementation and impact of the projects funded by such grant that includes-- ``(A) an interim report (evaluating the progress made in the first 3 years of the grant); and ``(B) a final report (completed at the end of the grant period); and ``(7) the plan of the eligible entity for continuing each proposed educational innovation after the grant period has ended. ``SEC. 790. PRIORITY. ``In awarding grants under this part, the Secretary shall give priority to applications that address issues of major national need, including-- ``(1) educational innovations designed to increase the number of African-American males who attain a postsecondary degree; ``(2) innovative partnerships between part B institutions and local educational agencies that are designed to increase the enrollment and successful completion of historically underrepresented populations in higher education; ``(3) educational innovations that bring together the resources of part B institutions and partner institutions in support of economic development, entrepreneurship, and the commercialization of funded research and the development of an innovation ecosystem on postsecondary school campuses; ``(4) educational innovations that support developing programs and initiatives to support undergraduate and graduate programs in science, technology, engineering, and mathematics; and ``(5) educational innovations described in paragraphs (3) and (6) of section 791(b). ``SEC. 791. USE OF FUNDS. ``(a) Planning Grants.--An eligible entity receiving a planning grant authorized under section 788(b) shall use funds made available by such grant to conduct a comprehensive institutional planning process that includes-- ``(1) an assessment of the needs of the part B institution and, in the case of an eligible entity applying in a consortium described in subparagraph (B), (C), (D), or (E) of section 787(1), the needs of such other institution of higher education, private nonprofit organization, or educational agency; ``(2) research on educational innovations, consistent with the purpose of this part, as described in section 786, to meet the needs described in paragraph (1); ``(3) the selection of one or more such educational innovations to be implemented; ``(4) an assessment of the capacity of the part B institution and, in the case of an eligible entity applying in a consortium as described in subparagraph (B), (C), (D), or (E) of section 787(1), the capacity of such other institution of higher education, private nonprofit organization, or educational agency to implement each such educational innovation; and ``(5) activities to further develop such capacity. ``(b) Implementation Grants.--An eligible entity receiving an implementation grant under section 788(c) shall use the funds made available by such grant to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate educational innovations that address the purpose of this part, as described in section 786, such as educational innovations designed to-- ``(1) improve student achievement, such as through activities designed to increase the number or percentage of students who successfully complete developmental or remedial coursework (which may be accomplished through the evidence- based redesign of such coursework) and pursue and succeed in postsecondary studies; ``(2) improve and expand institutional recruitment, postsecondary school awareness, and postsecondary school preparation efforts targeting students, including high- achieving students, from low-income families, such as through activities undertaken in partnership with local educational agencies and nonprofit organizations (including the introduction of dual enrollment programs and the implementation of activities designed to enable more students to enter postsecondary education without the need for remediation); ``(3) increase the number or percentage of students, particularly students who are members of historically underrepresented populations, who enroll in science, technology, engineering, and mathematics courses, graduate with degrees in such fields, and pursue advanced studies in such fields; ``(4) increase (such as through the provision of comprehensive academic and nonacademic student support services) the number or percentage of students who make satisfactory or accelerated progress toward graduation from postsecondary school and the number or percentage of students who graduate from postsecondary school on time; ``(5) implement evidence-based improvements to courses, particularly high-enrollment courses, to improve student outcomes and reduce education costs for students, including costs of remedial courses; ``(6) enhance the quality of teacher preparation programs at part B institutions, to enable teachers at such institutions to be highly effective in the classroom and to enable such programs to meet the demands for accountability in teacher education; ``(7) expand the effective use of technology in higher education, such as through inter-institutional collaboration on implementing competency-based technology-enabled delivery models (including hybrid models) or through the use of open educational resources and digital content; and ``(8) provide a continuum of solutions by incorporating activities that address multiple objectives described in paragraphs (1) through (7). ``SEC. 792. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2020 to carry out the activities under this part.''.

Historically Black Colleges and Universities Innovation Fund Act of 2014 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award competitive one-year planning grants and five-year implementation grants to historically black colleges or universities to plan, develop, and implement educational innovations. Allows an historically black college or university to apply for such grants by itself or in a consortium with one or more other institutions of higher education, private nonprofit organizations, or local educational agencies (LEAs). Requires implementation grant recipients to use the grant to further develop, pilot, field-test, implement, document, validate, and, as applicable, scale up and replicate educational innovations, including those designed to: improve student achievement, such as through activities designed to increase the number or percentage of students who successfully complete developmental or remedial coursework and successfully pursue postsecondary studies; improve and expand institutional recruitment, postsecondary school awareness, and postsecondary school preparation efforts targeting students from low-income families, such as through activities undertaken in partnership with LEAs and nonprofit organizations; increase the number or percentage of students who enroll in science, technology, engineering, and mathematics (STEM) courses, graduate with STEM degrees, and pursue advanced STEM studies; increase the number or percentage of students who graduate from postsecondary school on time; implement evidence-based improvements to courses to improve student outcomes and reduce students' costs; enhance the quality of teacher preparation programs at historically black colleges or universities; and expand the effective use of technology in higher education. Makes the five-year duration of each implementation grant conditional after the third year of such grant on the Secretary determining that the grantee is achieving satisfactory progress in carrying out its educational innovations. Limits the federal share to not more than 85% of the total cost of carrying out a project funded by an implementation grant.

Historically Black Colleges and Universities Innovation Fund Act of 2014

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Telehealth Improvement Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Increase in number of types of originating sites. Sec. 3. Expansion of practitioners eligible to furnish telehealth services. Sec. 4. Improvement of process for updating the list of telehealth services. SEC. 2. INCREASE IN NUMBER OF TYPES OF ORIGINATING SITES. (a) Increase.--Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the following new subclauses: ``(VI) A skilled nursing facility (as defined in section 1819(a)). ``(VII) A renal dialysis facility. ``(VIII) A community mental health center (as defined in section 1861(ff)(3)(B)), a qualified community program described in 1913(b)(1) of the Public Health Service Act, and a county mental health clinic. ``(IX) Any other site that has a telecommunications system.''. (b) No Facility Fee for Certain Originating Sites.--Section 1834(m)(2) of the Social Security Act (42 U.S.C. 1395m(m)(2)) is amended-- (1) in subparagraph (B), in the matter preceding clause (i), by striking ``With respect'' and inserting ``Subject to subparagraph (D), with respect''; and (2) by adding at the end the following new subparagraph: ``(D) No facility fee for certain originating sites.-- ``(i) In general.--No facility fee shall be paid to an originating site described in paragraph (4)(C)(ii)(IX). ``(ii) No change in payment to distant site.--Clause (i) shall not be construed to affect the payment to a distant site under subparagraph (A).''. (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 90 days after the date of enactment of this Act. SEC. 3. EXPANSION OF PRACTITIONERS ELIGIBLE TO FURNISH TELEHEALTH SERVICES. (a) In General.--Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended-- (1) in paragraph (1), by striking ``(as defined in section 1861(r)) or a practitioner (described in section 1842(b)(18)(C))'' and inserting ``or a practitioner''; and (2) in paragraph (4), by striking subparagraph (E) and inserting the following new subparagraph: ``(E) Practitioner.--The term `practitioner' means-- ``(i) a practitioner described in section 1842(b)(18)(C); ``(ii) a physical therapist (as described in section 1861(p)); ``(iii) an occupational therapist (as so described); ``(iv) a qualified speech-language pathologist (as defined in section 1861(ll)(3)(A)); ``(v) a qualified audiologist (as defined in section 1861(ll)(3)(B)); ``(vi) a certified provider (as described in section 1861(qq)(2)(A)); and ``(vii) any other individual or entity determined appropriate by the Secretary.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to services furnished on or after the date that is 90 days after the date of enactment of this Act. SEC. 4. IMPROVEMENT OF PROCESS FOR UPDATING THE LIST OF TELEHEALTH SERVICES. (a) In General.--Section 1834(m)(4)(F)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)(ii)) is amended by adding at the end the following sentences: ``Such process shall require the Secretary to take into account the recommendations of the Telehealth Advisory Committee (as established under section 4(b) of the Medicare Telehealth Improvement Act of 2008) when adding or deleting services (and HCPCS codes). If the Secretary does not implement a recommendation of the Telehealth Advisory Committee, the Secretary shall publish in the Federal Register a statement regarding the reason such recommendation was not implemented.''. (b) Telehealth Advisory Committee.-- (1) Establishment.--On and after the date that is 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') shall have in place a Telehealth Advisory Committee (in this subsection referred to as the ``Advisory Committee'') to make recommendations to the Secretary on the appropriate addition or deletion of services (and HCPCS codes) to those specified in paragraph (4)(F)(i) of section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) for authorized payment under paragraph (1) of such section. (2) Membership; terms.-- (A) Membership.-- (i) In general.--The Advisory Committee shall be composed of 7 members, to be appointed by the Secretary, of whom-- (I) five shall be practicing physicians; and (II) two shall be practicing non- physician health care providers. (ii) Requirements for appointing members.-- In appointing members of the Advisory Committee, the Secretary shall-- (I) ensure that each member has prior experience with the practice of telemedicine or telehealth; (II) give preference to individuals who are currently providing telemedicine or telehealth services; (III) ensure that the membership of the Advisory Committee represents a balance of specialties and geographic regions; and (IV) take into account the recommendations of stakeholders. (B) Terms.--The members of the Advisory Committee shall serve for such term as the Secretary may specify. (3) Meetings.--The Advisory Committee shall meet twice per year and at such other times as the Advisory Committee may provide. (4) Permanent committee.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee. (5) Waiver of administrative limitation.--The Secretary shall establish the Advisory Committee notwithstanding any limitation that may apply to the number of advisory committees that may be established (within the Department of Health and Human Services or otherwise).

Medicare Telehealth Improvement Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act with respect to telehealth services to provide for: (1) an increase in the number of types of originating sites; (2) no facility fee for certain such sites; (3) expansion of practitioners eligible to furnish telehealth services; and (4) changes in the process for updating the list of telehealth services. Directs the Secretary of Health and Human Services to set up a Telehealth Advisory Committee to make recommendations on the appropriate addition or deletion of telehealth services and Healthcare Common Procedure Coding System (HCPCS) codes.

A bill to amend title XVIII of the Social Security Act to improve the provision of telehealth services under the Medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commodity Checkoff Program Improvement Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) the generic programs to promote and provide research and information for an agricultural commodity (commonly known as ``checkoff programs'') are intended to increase demand for all of that agricultural commodity and benefit all assessed producers of that agricultural commodity; (2) although the laws establishing checkoff programs broadly prohibit the use of funds in any manner for the purpose of influencing legislation or government action, checkoff programs have repeatedly been shown to use funds to influence policy directly or by partnering with organizations that lobby; (3) the unlawful use of checkoff programs funds benefits some agricultural producers while harming many others; (4) to more effectively prevent Boards from using funds for unlawful purposes, strict separation of engagement between the Boards and policy entities is necessary; (5) conflicts of interest in the checkoff programs allow special interests to use checkoff program funds for the benefit of some assessed agricultural producers at the expense of many others; (6) prohibiting conflicts of interest in checkoff programs is necessary to ensure the proper and lawful operation of the checkoff programs; (7) checkoff programs are designed to promote agricultural commodities, not to damage other types of agricultural commodities through anticompetitive conduct or otherwise; (8) prohibiting anticompetitive and similar conduct is necessary to ensure proper and lawful operation of checkoff programs; (9) lack of transparency in checkoff programs enables abuses to occur and conceals abuses from being discovered; and (10) requiring transparency in the expenditure of checkoff program funds is necessary to prevent and uncover abuses in checkoff programs. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. (2) Checkoff program.--The term ``checkoff program'' means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et seq.). (B) The Potato Research and Promotion Act (7 U.S.C. 2611 et seq.). (C) The Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.). (D) The Beef Research and Information Act (7 U.S.C. 2901 et seq.). (E) The Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3401 et seq.). (F) The Floral Research and Consumer Information Act (7 U.S.C. 4301 et seq.). (G) Subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). (H) The Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4601 et seq.). (I) The Pork Promotion, Research, and Consumer Information Act of 1985 (7 U.S.C. 4801 et seq.). (J) The Watermelon Research and Promotion Act (7 U.S.C. 4901 et seq.). (K) The Pecan Promotion and Research Act of 1990 (7 U.S.C. 6001 et seq.). (L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101 et seq.). (M) The Lime Research, Promotion, and Consumer Information Act of 1990 (7 U.S.C. 6201 et seq.). (N) The Soybean Promotion, Research, and Consumer Information Act (7 U.S.C. 6301 et seq.). (O) The Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401 et seq.). (P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 (7 U.S.C. 6801 et seq.). (Q) The Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C. 7101 et seq.). (R) Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7401). (S) The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411 et seq.). (T) The Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441 et seq.). (U) The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461 et seq.). (V) The Popcorn Promotion, Research, and Consumer Information Act (7 U.S.C. 7481 et seq.). (W) The Hass Avocado Promotion, Research, and Information Act of 2000 (7 U.S.C. 7801 et seq.). (3) Conflict of interest.--The term ``conflict of interest'' means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. PROHIBITIONS; PUBLICATION OF BUDGETS AND DISBURSEMENTS. (a) Prohibitions.-- (1) In general.--A Board shall not enter into any contract or agreement to carry out checkoff program activities with a party that engages in activities for the purpose of influencing any government policy or action that relates to agriculture. (2) Conflict of interest.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in, any act that may involve a conflict of interest. (3) Other prohibitions.--A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in-- (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to another agricultural commodity or product. (b) Publication of Budgets and Disbursements.-- (1) In general.--The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. (2) Required disclosures.--In carrying out paragraph (1), the Board shall disclose-- (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (c) Audits.-- (1) Periodic audits by inspector general of usda.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. (B) Submission of reports.--On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall-- (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to-- (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. (2) Audit by comptroller general.-- (A) In general.--Not earlier than 3 years, and not later than 5 years, after the date of enactment of this Act, the Comptroller General of the United States shall-- (i) conduct an audit to assess-- (I) the status of actions taken for each checkoff program to ensure compliance with this section; and (II) the extent to which actions described in subclause (I) have improved the integrity of a checkoff program; and (ii) prepare a report describing the audit conducted under clause (i), including any recommendations for-- (I) strengthening the effect of actions described in clause (i)(I); and (II) improving Federal legislation relating to checkoff programs. (B) Consideration of inspector general reports.-- The Comptroller General of the United States shall consider reports described in paragraph (1)(B) in preparing any recommendations in the report under subparagraph (A)(ii). SEC. 5. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.

Commodity Checkoff Program Improvement Act of 2016 This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands. The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture. The bill also prohibits a board or its employees or agents acting in their official capacity from engaging in: (1) any act that involves a conflict of interest; and (2) any anticompetitive activity, unfair or deceptive act or practice, or any act that may be disparaging to another agricultural commodity or product. The board must meet specified requirements regarding the publication of budgets and disbursements of funds. The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs.

Commodity Checkoff Program Improvement Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intercountry Adoption Services Provider Registration Act''. SEC. 2. REGISTRATION REQUIREMENT. No person shall make available an intercountry adoption service unless that person has filed with the Secretary a registration statement, supplements, and other information as required by this Act. SEC. 3. REGISTRATION STATEMENT CONTENTS. A registration statement required under section 2 shall disclose-- (1) the provider's name; (2) all of the provider's business addresses in the United States and elsewhere; (3) all of the provider's business telephone numbers in the United States and elsewhere; (4) if the provider is an individual, the individual's nationality and United States immigration status; (5) if the provider is a partnership, each partner's name, nationality, and United States immigration status, and a copy of the partnership agreement; (6) if the provider is an association, a corporation, or any other combination of individuals other than a partnership-- (A) the name, nationality, and United States immigration status of each officer and each director; (B) a copy of the organization's charter or articles of incorporation; (C) a copy of the organization's bylaws; and (D) a statement describing the ownership and control of the organization; (7) a statement describing the nature of the provider's business; (8) a complete list of the provider's employees and a statement describing the nature of the work of each; (9) a detailed statement describing each intercountry adoption service that the provider makes available or intends to make available; (10) a schedule of all fees, including foreign and domestic program fees and fees for foster care, which the provider charges for its intercountry adoption services; (11) a list of the sources of the children whom the provider makes or intends to make available for adoption, if any, and the names, addresses, and telephone numbers of such sources; (12) a list of any coordinators or contractors not listed under paragraph (8) or (11) who are employed or otherwise provided any remuneration by the provider to assist with the intercountry adoption services made available by the provider, and the names, addresses, and telephone numbers of those coordinators or contractors; and (13) any further information which the Secretary considers necessary to make the statements made in the registration statement, or the supporting documents disclosed under this section, accurate and not misleading. SEC. 4. REGISTRATION STATEMENT UPDATES. (a) Annual Supplements.--Within 1 year after filing a registration statement, and annually thereafter, each provider shall file with the Secretary a supplement to the registration statement. Such supplement shall disclose information the Secretary requires to make the disclosures under section 3 accurate, complete, and current. (b) Additional Supplements.--The Secretary may require that supplements be filed at more frequent intervals than required by subsection (a), if such filings would serve the public interest, including the interests of persons seeking intercountry adoption services. (c) Notification of Certain Changes.--With respect to the information required to be disclosed by paragraphs (1), (2), (7), and (11) of section 3, the provider shall notify the Secretary of any changes in such information within 45 days after the changes occur. SEC. 5. FILING FEE. The Secretary shall establish a schedule of fees to charge providers for filing a registration statement. Such schedule shall be designed to cover the cost of the administration of this Act. SEC. 6. ENFORCEMENT. (a) Penalties.--Any person convicted of a violation of section 2 shall be fined under title 18, United States Code, or imprisoned not more than 2 years, or both. (b) Notice of Deficient Registration Statement.--If the Secretary finds that a registration statement does not comply the requirements of this Act and that such noncompliance is not willful, the Secretary shall notify the provider in writing, specifying the deficiencies. A provider charged with a violation of section 2 based on a deficiency cited in such notice shall not be prosecuted unless the provider has not remedied the deficiency within 20 days after such notice is received. SEC. 7. PUBLIC AVAILABILITY OF INFORMATION. (a) Public Inspection.--Not later than 30 days after receipt by the Secretary, except as provided in subsection (b), copies of all registration statements, supplements, and other documents filed with the Secretary under this Act shall be available for public inspection and photocopying at a reasonable cost at various locations around the country, as determined by the Secretary. (b) Information on Sources.-- (1) Exemption from disclosure.-- (A) In general.--Except as provided in subparagraph (B), information provided to the Secretary pursuant to section 3(11) shall not be disclosed by the Secretary under subsection (a). (B) Disclosure.--The Secretary may disclose under subsection (a) information described in subparagraph (A) only if the Secretary finds that a person seeking or using intercountry adoption services has a substantial need for such a disclosure for the purposes of litigation. The Secretary shall limit the breadth of such a disclosure to that information which is reasonably necessary to satisfy such need. (2) Additional exemption from disclosure.--Section 552 of title 5, United States Code, shall not apply to information provided to the Secretary pursuant to section 3(11). SEC. 8. DEFINITIONS. For the purposes of this Act-- (1) the term ``intercountry adoption service'' means a service provided in the United States, related to the adoption of a person from outside the United States, that-- (A) arranges adoptions; (B) identifies prospective adoptees; (C) secures the consent necessary for the termination of parental rights or for adoptions; (D) performs background studies on prospective adoptees, home studies on prospective adoptive parents, or reports of such studies; (E) determines the best interests of adoptees or the appropriateness of adoptive placements; (F) counsels adoptees, birth parents, or adoptive parents with respect to adoptions; (G) monitors adoptees and their placement until adoptions are finalized; (H) in the case of adoptions that cannot be finalized, assumes custody of an adoptee or provides child care or other social services to the adoptee pending an alternative placement; or (I) is such other service related to intercountry adoption as the Secretary of State may by regulation provide; (2) the term ``provider'' means a person who makes available or intends to make available an intercountry adoption service; (3) the term ``registration statement'' means a registration statement filed pursuant to this Act; and (4) the term ``Secretary'' means the Secretary of State. SEC. 9. EFFECTIVE DATE. This Act shall become effective 1 year after the date of its enactment.

Intercountry Adoption Services Provider Registration Act - Sets forth specified registration filing requirements of any person offering intercountry adoption services, including annual supplementary updates and filing fees, criminal penalties for noncompliance, and public availability of all related documents.

Intercountry Adoption Services Provider Registration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transported Air Pollution Mitigation Act of 2001''. SEC. 2. SIP REQUIREMENTS FOR AREAS UPWIND OF OZONE NONATTAINMENT AREAS. (a) SIP Revisions for All Areas.--Section 110(a) of the Clean Air Act is amended by inserting the following new paragraph after paragraph (3): ``(4) For each area (hereinafter in this paragraph referred to as an `upwind area') in a State which, as determined by the State, causes or significantly contributes to a violation of the national ambient air quality standard for ozone in another area (hereinafter in this paragraph referred to as a `downwind area') in the State, the State shall submit, within 1 year of such determination, a revision of the applicable implementation plan that includes a requirement that either-- ``(A) the upwind area reduce emissions of ozone or its precursors by an amount determined by the State to be necessary to mitigate impacts commensurate with the level of contribution caused by the upwind area to air pollution concentrations in the downwind area; or ``(B) the upwind area make payments to the State or to an air quality district designated by the State to compensate the downwind area in such amounts as such State finds necessary to pay for the costs of emission reduction measures required to be undertaken in the downwind area to fully mitigate the impacts of pollutants transported from the upwind area.''. (b) Requirements for Moderate Ozone Nonattainment Areas.--Paragraph (4) of section 182(b) of the Clean Air Act is amended by adding the following at the end thereof: ``(B) For each moderate area which the State determines to cause or significantly contribute to a violation of the national ambient air quality standards for ozone in a downwind area (as identified by the State under section 110(a)(4)), the State shall submit, within 1 year after such determination, a revision to the applicable implementation plan that includes all provisions necessary to provide for an enhanced vehicle inspection and maintenance program as described in paragraph (3) of subsection (c) of this section and the regulations of the Administrator adopted pursuant to such paragraph (3).''. SEC. 3. SIP REQUIREMENTS FOR STATES UPWIND OF OZONE NONATTAINMENT AREAS. (a) SIP Revisions for All Areas.--Section 126 of the Clean Air Act is amended by inserting the following new subsection after subsection (c): ``(d) States Upwind of Ozone Nonattainment Areas.--For each State (hereinafter in this subsection referred to as an `upwind State') which, as determined by the Administrator, causes or significantly contributes to a violation of the national ambient air quality standard for ozone in an area in one or more other States (hereinafter in this paragraph referred to as a `downwind area'), the State shall submit, within 1 year of such determination, a revision of the applicable implementation plan provisions adopted under section 110(a)(2)(D)(ii) that contains either or both the following: ``(1) Provisions under which the upwind State will require reductions in emissions of ozone or its precursors by an amount determined by the Administrator to be necessary to mitigate impacts commensurate with the level of contribution caused by sources in the upwind State to ozone concentrations in the downwind area. ``(2) Provisions under which the upwind State will make payments to the State or States in which all or part of the downwind area is located or to an air quality district designated by the Administrator to compensate such State or States in such amounts as the Administrator finds necessary to pay for the costs of emission reduction measures required to be undertaken in the downwind area to fully mitigate the impacts of pollutants transported from the upwind State.''. (b) Requirements for Moderate Ozone Nonattainment Areas.--Paragraph (4) of section 182(b) of the Clean Air Act is amended by adding the following at the end thereof: ``(C) For each moderate area which the Administrator determines to cause or significantly contribute to a violation of the national ambient air quality standards for ozone in a downwind area (as identified by the Administrator under section 126(d)), the State shall submit, within 1 year after such determination, a revision to the applicable implementation plan that includes all provisions necessary to provide for an enhanced vehicle inspection and maintenance program as described in paragraph (3) of subsection (c) of this section and the regulations of the Administrator adopted pursuant to such paragraph (3).''. SEC. 4. MAINTENANCE PLANS. (a) Requirements for Maintenance Plans.--(1) Subsection (a) of section 175A of the Clean Air Act is amended by adding the following at the end thereof: ``Such plan shall also be amended within 1 year after the later of-- ``(1) the date of enactment of the Transported Air Pollution Mitigation Act of 2001, or ``(2) the date on which the request under section 107(d) is submitted to include measures to provide for an enhanced vehicle inspection and maintenance program as described in paragraph (3) and (4) of section 182(c) and the regulations of the Administrator adopted pursuant to such paragraphs if the State determines that the area requesting redesignation is causing or significantly contributing to a violation of the national ambient air quality standards for ozone in a downwind area (as identified by the State under section 110(a)(4)) or if the Administrator determines that the area requesting redesignation is causing or significantly contributing to a violation of the national ambient air quality standards for ozone in a downwind State (as identified by the Administrator under section 126(d)).''. (b) Transport Mitigation.--Section 175A of the Clean Air Act is amended by adding the following at the end thereof: ``(e) Transport Mitigation.--Each plan adopted under this section shall be amended within 1 year after the enactment of this subsection to require that any upwind area (as identified by the State under section 110(a)(4)) and any upwind State (as identified by the Administrator under section 126(d)) that is designated as an attainment area that causes or significantly contributes to a violation of the national ambient air quality standard for ozone in any downwind area (as identified under section 110(a)(4) or section 126(d)) shall be required by the applicable implementation plans under section 110 and this part to implement all measures with respect to the air pollutant concerned which were contained in the State implementation plan for such upwind area before its redesignation as an attainment area. Such measures shall include all existing control measures, as well as any control measures not yet implemented that are necessary to fully mitigate the transport of ozone and its precursors to such downwind areas. There shall be no relaxation or rescission of any control measure or rule in the upwind area or unwind State as long as sources in such upwind area or State cause or contribute to a violation of the national ambient air quality standard for ozone in any such downwind area.''.

Transported Air Pollution Mitigation Act of 2001 - Amends the Clean Air Act to require States to submit for each area (an "upwind area") that causes or significantly contributes to a violation of the national ambient air quality standard for ozone in another ("downwind") area an implementation plan revision that requires the upwind area to either: (1) reduce ozone or precursor emissions by an amount necessary to mitigate impacts in the downwind area commensurate with the contribution of the upwind area; or (2) compensate the State or an air quality district in amounts necessary to pay costs of emission reduction measures to fully mitigate in the downwind area the impacts of transported pollutants.Requires States, for each Moderate ozone nonattainment area determined to be such an upwind area, to submit a plan revision containing provisions for an enhanced vehicle inspection and maintenance program required for Serious Areas.Imposes requirements analogous to those above upon upwind States (those that cause or significantly contribute to a violation of the national standard for ozone in an area in one or more other States).Requires maintenance plans for upwind areas and States (in cases of requests for redesignation of nonattainment areas) to be amended to include: (1) the enhanced vehicle inspection and maintenance measures described in this Act; and (2) implementation of all measures concerning the pollutant concerned which were contained in the implementation plan as well as those not yet implemented that are necessary to fully mitigate transport of ozone and its precursors to downwind areas. Prohibits relaxation or rescission of control measures or rules in such upwind areas or States.

To amend the Clean Air Act to impose certain requirements on areas upwind of ozone nonattainment areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Protective Service Reform Act of 2000''. SEC. 2. DESIGNATION OF POLICE OFFICERS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended-- (1) in section 1 by striking the section heading and inserting the following: ``SECTION 1. POLICE OFFICERS.''; (2) in sections 1 and 3 by striking ``special policemen'' each place it appears and inserting ``police officers''; (3) in section 1(a) by striking ``uniformed guards'' and inserting ``certain employees''; and (4) in section 1(b) by striking ``Special policemen'' and inserting the following: ``(1) In general.--Police officers''. SEC. 3. POWERS. Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is further amended-- (1) by adding at the end the following: ``(2) Additional powers.--Subject to paragraph (3), a police officer appointed under this section is authorized while on duty-- ``(A) to carry firearms in any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; ``(B) to petition Federal courts for arrest and search warrants and to execute such warrants; ``(C) to arrest an individual without a warrant if the individual commits a crime in the officer's presence or if the officer has probable cause to believe that the individual has committed a crime or is committing a crime; and ``(D) to conduct investigations, on and off the property in question, of offenses that have been or may be committed against property under the charge and control of the Administrator or against persons on such property. ``(3) Approval of regulations by attorney general.--The additional powers granted to police officers under paragraph (2) shall become effective only after the Commissioner of the Federal Protective Service issues regulations implementing paragraph (2) and the Attorney General of the United States approves such regulations. ``(4) Authority outside federal property.--The Administrator may enter into agreements with State and local governments to obtain authority for police officers appointed under this section to exercise, concurrently with State and local law enforcement authorities, the powers granted to such officers under this section in areas adjacent to property owned or occupied by the United States and under the charge and control of the Administrator.''; and (2) by moving the left margin of paragraph (1), as designated by section 2(4) of this Act, so as to appropriately align with paragraphs (2), (3), and (4), as added by paragraph (1) of this subsection. SEC. 4. PENALTIES. Section 4(a) of the Act of June 1, 1948 (40 U.S.C. 318c(a)), is amended to read as follows: ``(a) In General.--Except as provided in subsection (b), whoever violates any rule or regulation promulgated pursuant to section 2 shall be fined or imprisoned, or both, in an amount not to exceed the maximum amount provided for a Class C misdemeanor under sections 3571 and 3581 of title 18, United States Code.''. SEC. 5. SPECIAL AGENTS. Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended-- (1) by striking ``nonuniformed special policemen'' each place it appears and inserting ``special agents''; (2) by striking ``special policeman'' and inserting ``special agent''; and (3) by adding at the end the following: ``Any such special agent while on duty shall have the same authority outside Federal property as police officers have under section 1(b)(4).''. SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended by adding at the end the following: ``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE. ``(a) In General.--The Administrator of General Services shall establish the Federal Protective Service as a separate operating service of the General Services Administration. ``(b) Appointment of Commissioner.-- ``(1) In general.--The Federal Protective Service shall be headed by a Commissioner who shall be appointed by and report directly to the Administrator. ``(2) Qualifications.--The Commissioner shall be appointed from among individuals who have at least 5 years of professional law enforcement experience in a command or supervisory position. ``(c) Duties of the Commissioner.--The Commissioner shall-- ``(1) assist the Administrator in carrying out the duties of the Administrator under this Act; ``(2) except as otherwise provided by law, serve as the law enforcement officer and security official of the United States with respect to the protection of Federal officers and employees in buildings and areas that are owned or occupied by the United States and under the charge and control of the Administrator (other than buildings and areas that are secured by the United States Secret Service); ``(3) render necessary assistance, as determined by the Administrator, to other Federal, State, and local law enforcement agencies upon request; and ``(4) coordinate the activities of the Commissioner with the activities of the Commissioner of the Public Buildings Service. Nothing in this subsection may be construed to supersede or otherwise affect the duties and responsibilities of the United States Secret Service under sections 1752 and 3056 of title 18, United States Code. ``(d) Appointment of Regional Directors and Assistant Commissioners.-- ``(1) In general.--The Commissioner may appoint regional directors and assistant commissioners of the Federal Protective Service. ``(2) Qualifications.--The Commissioner shall select individuals for appointments under paragraph (1) from among individuals who have at least 5 years of direct law enforcement experience, including at least 2 years in a supervisory position.''. (b) Pay Level of Commissioner.--Section 5316 of title 5, United States Code, is amended by inserting after the paragraph relating to the Commissioner of the Public Buildings Service the following: ``Commissioner, Federal Protective Service, General Services Administration.''. SEC. 7. PAY AND BENEFITS. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 7. PAY AND BENEFITS. ``Notwithstanding any other provision of law or any other rule or regulation, the pay and benefits for any employee of the Federal Protective Service who maintains active law enforcement status under section 1 shall be determined in accordance with a pay and benefits package established and maintained by the Administrator of General Services that is equivalent to the pay scale and benefits package applicable to members of the United States Capitol Police. Such pay scale and benefits package shall be established by regulation, shall apply with respect to the pay period beginning January 1, 2001, and ending December 31, 2001 (and such other pay periods as may be authorized by law), and shall not result in a decrease in the pay or benefits of any individual for such pay period.''. (b) Conforming Amendment.--Section 1(a) of such Act (40 U.S.C. 318(a)), is amended by striking ``without additional compensation''. SEC. 8. NUMBER OF POLICE OFFICERS. (a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 8. NUMBER OF POLICE OFFICERS. ``After the 1-year period beginning on the date of the enactment of this section, there shall be at least 730 full-time equivalent police officers in the Federal Protective Service. This number shall not be reduced unless specifically authorized by law.''. SEC. 9. EMPLOYMENT STANDARDS AND TRAINING. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING. ``The Commissioner of the Federal Protective Service shall prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for buildings and areas that are owned or occupied by the United States and under the control and charge of the Administrator of General Services.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by adding at the end the following: ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated from the Federal Buildings Fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)) such sums as may be necessary to carry out this Act.''. Passed the House of Representatives June 27, 2000. Attest: JEFF TRANDAHL, Clerk.

(Sec. 3) Empowers such police officers, while on duty, to: (1) carry firearms; (2) petition Federal courts for and execute arrest and search warrants; (3) make arrests without a warrant; and (4) conduct investigations, on and off the property, of offenses on such property. Authorizes the GSA Administrator to enter into agreements with State and local governments to obtain authority for police officers appointed under the Act to exercise, concurrently with State and local law enforcement authorities, such powers in areas adjacent to U.S. property under the charge and control of the Administrator. (Sec. 4) Increases the maximum penalty for violations of any rules or regulations with respect to Federal property. (Sec. 5) Empowers special agents with the same authority outside Federal property as police officers have. (Sec. 6) Directs the Administrator to establish the FPS as a separate operating service of GSA. Provides for the FPS to be headed by a Commissioner who: (1) shall be appointed by and report directly to the Administrator; and (2) has at least five years of professional law enforcement experience in a command or supervisory position. Requires the Commissioner to: (1) assist the Administrator; (2) serve as the U.S. law enforcement officer and security official with respect to the protection of Federal officers and employees in such property (other than buildings and areas that are secured by the United States Secret Service), except as otherwise prohibited by law; (3) render assistance to other Federal, State, and local law enforcement agencies upon request; and (4) coordinate his or her activities with those of the Commissioner of the Public Buildings Service. (Sec. 7) Requires the pay and benefits for any FPS employee who maintains active law enforcement status to be determined in accordance with a pay and benefits package established by the Administrator that is equivalent to the pay scale and benefits package applicable to United States Capitol Police. (Sec. 8) Requires there to be at least 730 full-time police officers in the FPS one year after the enactment of this Act. Prohibits any reduction in such number of officers unless specifically authorized by law. Directs the Comptroller General to study and report on the feasibility of merging all building security forces of the executive branch within and under the FPS's supervision. (Sec. 9) Directs the Commissioner to prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for Federal property. (Sec. 10) Authorizes appropriations from the Federal Buildings Fund.

Federal Protective Service Reform Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Francis W. Agnes Prisoner of War Benefits Act of 2003''. SEC. 2. IMPROVED VETERANS' BENEFITS FOR FORMER PRISONERS OF WAR. (a) Repeal of Requirement for Minimum Period of Internment for Presumption of Service Connection for Certain Diseases.--Section 1112(b) of title 38, United States Code, is amended by striking ``and who was detained or interned for not less than thirty days'' in the matter preceding paragraph (1). (b) Repeal of Requirement for Minimum Period of Internment for Presumption of Service Connection for Dental Care.--Section 1712(a)(1)(F) of such title is amended by striking ``and who was detained or interned for a period of not less than 90 days''. (c) Additional Diseases Presumed To Be Service Connected.--Section 1112 of such title is further amended-- (1) in subsection (b)-- (A) by striking ``the disease'' and inserting ``a disease specified under subsection (d) or the disease''; (B) by striking ``or'' at the end of paragraph (14); and (C) by inserting after paragraph (15) the following new paragraphs: ``(16) heart disease, ``(17) stroke, ``(18) liver disease, ``(19) diabetes (type 2), or ``(20) osteoporosis,''; and (2) by adding at the end the following new subsection: ``(d)(1) Subsection (b) applies with respect to any disease (in addition to those specified in that subsection) that the Secretary determines in regulations prescribed under this subsection warrants a presumption of service-connection by reason of having positive association with the experience of being a prisoner of war. ``(2)(A) Whenever the Secretary determines, on the basis of sound medical and scientific evidence, that a positive association exists between (i) the experience of being a prisoner of war, and (ii) the occurrence of a disease in humans, the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for that disease for the purposes of subsection (b). ``(B) In making determinations for the purpose of this paragraph, the Secretary shall take into account (i) recommendations received by the Secretary from the Advisory Committee on Former Prisoners of War established under section 541 of this title, and (ii) all other sound medical and scientific information and analyses available to the Secretary. In evaluating any study for the purpose of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review. ``(C) An association between the occurrence of a disease in humans and the experience of being a prisoner of war shall be considered to be positive for the purposes of this subsection if the credible evidence for the association is equal to or outweighs the credible evidence against the association. ``(3)(A) Not later than 60 days after the date on which the Secretary receives a recommendation from the Advisory Committee on Former Prisoners of War that a presumption of service connection be established under this subsection for any disease, the Secretary shall determine whether a presumption of service connection under this subsection is warranted for that disease. If the Secretary determines that such a presumption is warranted, the Secretary, not later than 60 days after making the determination, shall issue proposed regulations setting forth the Secretary's determination. ``(B) If the Secretary determines that a presumption of service connection is not warranted, the Secretary, not later than 60 days after making the determination, shall publish in the Federal Register a notice of that determination. The notice shall include an explanation of the scientific basis for that determination. If the disease already is included in regulations providing for a presumption of service connection, the Secretary, not later than 60 days after publication of the notice of a determination that the presumption is not warranted, shall issue proposed regulations removing the presumption for the disease. ``(C) Not later than 90 days after the date on which the Secretary issues any proposed regulations under this subsection, the Secretary shall issue final regulations. Such regulations shall be effective on the date of issuance. ``(4) Whenever a disease is removed from regulations prescribed under this section-- ``(A) a veteran who was awarded compensation for such disease on the basis of the presumption provided in subsection (b) before the effective date of the removal shall continue to be entitled to receive compensation on that basis; and ``(B) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from such disease on the basis of such presumption shall continue to be entitled to receive dependency and indemnity compensation on such basis. ``(5) The Secretary shall carry out this subsection in consultation with, and after taking into consideration the views of, the Advisory Committee on Former Prisoners of War established under section 541 of this title.''.

Francis W. Agnes Prisoner of War Benefits Act of 2003 - Amends Federal veterans' benefits provisions with respect to former prisoners of war to repeal the currently required: (1) 30-day minimum period of internment prior to the presumption of service connection for certain listed diseases, for purposes of the payment of veterans' disability compensation; and (2) 90-day minimum period of internment prior to eligibility for dental care furnished through the Department of Veterans Affairs. Adds the following to the listed diseases under (1), above: heart disease, stroke, liver disease, diabetes (type 2), and osteoporosis. Requires: (1) such presumption also with respect to any disease that the Secretary of Veterans Affairs determines warrants such presumption by reason of having a positive association with the experience of being a prisoner of war; and (2) the Secretary to make such a determination within 60 days after a recommendation from the Advisory Committee on Former Prisoners of War that such presumption be established for a non-listed disease.

A bill to amend title 38, United States Code, to provide improved benefits for veterans who are former prisoners of war.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prepaid Card Disclosure Act of 2014''. SEC. 2. SPENDING ACCOUNTS. (a) Spending Accounts.--The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended-- (1) by redesignating section 923 (15 U.S.C. 1693 note), relating to the effective date of the Electronic Fund Transfer Act, as so designated by section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2060), as section 925; (2) by redesignating section 922 (15 U.S.C. 1693r), relating to exemptions for State regulation, as so designated by section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2060), as section 923; and (3) by inserting after section 923, as so redesignated, the following: ``SEC. 924. SPENDING ACCOUNTS; DISCLOSURE OF FEE INFORMATION. ``(a) Definition.--For purposes of this section, the term `spending account'-- ``(1) means a transaction account, other than as defined in section 903(2)-- ``(A) that is established by a consumer or on behalf of a consumer at an insured depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c))); ``(B) that contains the funds of a consumer; ``(C) to which payments are to be made by a consumer, or at the direction of a consumer; ``(D) to which recurring electronic fund transfers may be made, at the direction of a consumer; or ``(E) from which payments may be made at the direction of a consumer through the use of a card, code, or device; ``(2) includes a transaction account described in paragraph (1)-- ``(A) that is operated or managed by a financial institution, or any other person; and ``(B) the funds of which are-- ``(i) pooled with the funds of a person other than the person who established the account; or ``(ii) held in a name other than that of the person who established the account; and ``(3) does not include-- ``(A) a nonreloadable general-use prepaid card, as defined in section 915(a)(2)(A), in an amount that does not exceed $250; ``(B) a general-use prepaid card, as defined in section 915(a)(2)(A), that is solely associated with-- ``(i) a health plan to which section 105 of the Internal Revenue Code of 1986 applies; ``(ii) a qualified transportation fringe, as defined in section 132(f) of the Internal Revenue Code of 1986; ``(iii) a health savings account, as defined in section 223(d) of the Internal Revenue Code of 1986; or ``(iv) any other healthcare benefit account, including a healthcare account relating to Medicare or Medicaid benefits; ``(C) a gift certificate, as defined in section 915(a)(2)(B); ``(D) a store gift card, as defined in section 915(a)(2)(C); ``(E) an electronic promise, plastic card, or payment code or device described in clause (i), (v), or (vi) of section 915(a)(2)(D); ``(F) a nonreloadable card labeled as a gift card and marketed solely as a gift card; ``(G) a nonreloadable loyalty, rebate, or promotional card; or ``(H) a debit card or general-use prepaid card that has been provided to a person pursuant to a Federal, State or local government administered payment program, in which the person may only use the debit card or general-use prepaid card to transfer or debit funds, monetary value, or other assets that have been provided pursuant to such program. ``(b) Disclosure of Fee Information.-- ``(1) Disclosure required.--Each financial institution or entity that is operated, managed, or controlled by a financial institution, or any other person that offers a spending account shall provide to a consumer-- ``(A) together with any application, offer, or solicitation for a spending account, a table of any fees that may be charged in connection with the spending account that-- ``(i) can be easily understood by the consumer; ``(ii) is clearly and conspicuously displayed to the consumer before purchase; and ``(iii) includes, at a minimum, the amount and a description of each fee that may be charged in connection with the spending account by the financial institution or entity that is operated, managed, or controlled by a financial institution, or any other person; and ``(B) on the card or other means of access, a toll- free telephone number and website at which the consumer may access a clear and conspicuous disclosure of the fees that may be charged in connection with the spending account. ``(2) QR code.--The Bureau may, in accordance with any rules established under paragraph (3) and in addition to the disclosure requirements under paragraph (1), require the placement of a QR code, barcode, or other similar technology on any packaging, card, or other object associated with a spending account, provided that such QR code, barcode, or other technology is capable of providing an electronic link to the disclosures required under paragraph (1) to a consumer. ``(3) Rules.--Not later than 9 months after the date of enactment of the Prepaid Card Disclosure Act of 2014, the Bureau shall establish, by rule, the headings, content, and format of the fee table and estimate required under paragraph (1).''. (b) Technical and Conforming Amendments.--Section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a) is amended-- (1) by redesignating paragraph (4) (relating to the Board of Governors of the Federal Reserve System), as so designated by section 1084(2)(A) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2081), as paragraph (3); and (2) in paragraph (3), as so redesignated, by striking ``term `Bureau' means the Bureau of Governors'' and inserting ``term `Board' means the Board of Governors''. (c) Preservation of Authority.--Nothing in this Act shall be construed to limit, amend, or otherwise alter the authority of the Bureau of Consumer Financial Protection to issue and adopt rules, take any action, or exercise any other power under the Electronic Fund Transfer Act, including with respect to general-use prepaid cards or any other electronic fund transfer product not subject to the provisions of this Act. (d) Rule of Construction Relating to EBT Cards.--Nothing in this Act shall be construed to affect the regulation of electronic benefit transfers by the Bureau of Consumer Financial Protection.

Prepaid Card Disclosure Act of 2014 - Amends the Electronic Fund Transfer Act to extend its coverage to spending accounts (transaction accounts) established by a consumer (or on a consumer's behalf) at an insured depository institution or credit union: (1) to which recurring electronic fund transfers may be made, at the consumer's direction; or (2) from which payments may be made, at the consumer's direction, through the use of a card, code, or device (commonly referred to as prepaid cards). Treats as a spending account any similar transaction account operated or managed by a financial institution, or any other person, whose funds: (1) are pooled with the funds of a person other than the one who established the account, or (2) are held in a name other than that of the person who established the account. Excludes from the meaning of spending account: (1) any nonreloadable general-use prepaid card in an amount under $250; (2) any general-use prepaid card solely associated with a certain kind of health plan, a qualified transportation fringe, a health savings account or any other health care benefit account; (3) a gift certificate; (4) a store gift card; (5) an electronic promise, plastic card, or payment code, or device; (6) a nonreloadable card labeled as a gift card and marketed solely as such; (7) a nonreloadable loyalty, rebate, or promotional card; or (8) a debit card or general-use prepaid card that has been provided to a person pursuant to a federal, state or local government-administered payment program, in which the person may only use the card to transfer or debit funds, monetary value, or other assets that have been provided pursuant to that program. Authorizes the Consumer Financial Protection Bureau (CFPB) to require the placement of a QR code, barcode, or other similar technology on any packaging, card, or other object associated with a spending account, provided that the technology is capable of providing an electronic link to certain required disclosures to the consumer.

Prepaid Card Disclosure Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Security Act of 2001''. SEC. 2. EMERGENCY AMTRAK ASSISTANCE. (a) In General.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak-- (1) $515,000,000 for systemwide security upgrades, including the reimbursement of extraordinary security-related costs determined by the Secretary to have been incurred by Amtrak since September 11, 2001, and including the hiring and training additional police officers, canine-assisted security units, and surveillance equipment; (2) $998,000,000 to be used to complete New York tunnel life safety projects and rehabilitate tunnels in Washington, D.C., and Baltimore, Maryland; and (3) $254,000,000 to be used for increasing the accessibility of Penn Station, New York City, for safety and emergency response situations, renovations to the Thames and Niantic Bridges in Connecticut, and improved safety of operations through an advanced civil speed enforcement system radio system in high-speed territory. (b) Availability of Appropriated Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. (c) Plan Required.--The Secretary may not make amounts available to Amtrak for obligation or expenditure under subsection (a)-- (1) for implementing systemwide security upgrades until Amtrak has submitted to the Secretary, and the Secretary has approved, a plan for such upgrades; (2) for completing the tunnel life safety and rehabilitation projects until Amtrak has submitted to the Secretary, and the Secretary has approved, an engineering and financial plan for such projects; (3) for completing the projects described in subsection (a)(3) until Amtrak has submitted to the Secretary and the Secretary has approved, a plan for such projects; and (4) Amtrak has submitted to the Secretary such additional information as the Secretary may require in order to ensure full accountability for the obligation or expenditure of amounts made available to Amtrak for the purpose for which the funds are provided. (d) 50-Percent To Be Spent Outside the Northeast Corridor.--The Secretary shall ensure that up to 50 percent of the amounts appropriated pursuant to subsection (a)(1) is obligated or expended for projects outside the Northeast Corridor. (e) Assessments by DOT Inspector General.-- (1) Initial assessment.--Within 60 days after the date of enactment of this Act, the Inspector General of the Department of Transportation shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report-- (A) identifying any overlap between capital projects for which funds are provided under such funding documents, procedures, or arrangements and capital projects included in Amtrak's 20-year capital plan; and (B) indicating any adjustments that need to be made in that plan to exclude projects for which funds are appropriated pursuant to subsection (a). (2) Overlap review.--The Inspector General shall, as part of the Department's annual assessment of Amtrak's financial status and capital funding requirements review the obligation and expenditure of funds under each such funding document, procedure, or arrangement to ensure that the expenditure and obligation of those funds are consistent with the purposes for which they are provided under this Act. (f) Coordination With Existing Law.--Amounts made available to Amtrak under this section shall not be considered to be Federal assistance for purposes of part C of subtitle V of title 49, United States Code. SEC. 3. RAIL SECURITY. (a) Secretary of Transportation.--Section 20103(a) of title 49, United States Code, is amended by striking ``safety'' and inserting ``safety, including the security of railroad operations,''. (b) Rail Police Officers.--Section 28101 of title 49, United States Code, is amended by striking ``the rail carrier'' each place it appears and inserting ``any rail carrier''. (c) Review of Rail Regulations.--Within 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Federal Railroad Administration's Rail Safety Advisory Committee, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve rail safety and security. SEC. 4. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT. (a) In General.-- (1) In general.--The Secretary of Transportation shall assess the security risks associated with rail transportation and develop prioritized recommendations for-- (A) improving the security of rail tunnels, rail bridges, rail switching areas, and other areas identified by the Secretary as posing significant rail- related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service; and (B) dealing with the immediate and long-term economic impact of measures that may be required to address those risks. (2) Existing private and public sector efforts.--The assessment shall include a review of any actions already taken to address identified security issues by both public and private entities. (b) Consultation; Use of Existing Resources.--In carrying out the assessment required by subsection (a), the Secretary shall-- (1) consult with rail management, rail labor, and public safety officials (including officials responsible for responding to emergencies); and (2) utilize, to the maximum extent feasible, the resources and assistance of-- (A) the Federal Railroad Administration's Rail Safety Advisory Committee; and (B) the Transportation Research Board of the National Academy of Sciences. (c) Report.-- (1) Contents.--Within 180 days after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report, without compromising national security, containing-- (A) the assessment and prioritized recommendations required by subsection (a); and (B) any proposals the Secretary deems appropriate for providing Federal financial, technological, or research and development assistance to railroads to assist the railroads in reducing the likelihood, severity, and consequences of deliberate acts of crime or terrorism toward rail employees, rail passengers, rail shipments, or rail property. (2) Format.--The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary.

Rail Security Act of 2001 - Authorizes emergency appropriations to Amtrak for: (1) systemwide security upgrades, including reimbursement of extraordinary security-related costs incurred by it since September 11, 2001, such as the hiring and training of additional police officers, canine-assisted security units, and surveillance equipment; (2) completion of New York tunnel life safety projects and rehabilitation of tunnels in Washington, D.C., and Baltimore, Maryland; and (3) increased accessibility of Penn Station, New York City, for safety and emergency response situations, renovations to the Thames and Niantic Bridges in Connecticut, and improved safety operations through an advanced civil speed enforcement system radio system in high-speed territory. Prohibits the Secretary of Transportation from making such amounts available to Amtrak until a plan has been submitted to the Secretary for approval. Directs the Secretary to ensure that up to 50 percent of the amounts appropriated under this Act are obligated for projects outside the Northeast Corridor.Directs the Inspector General of the Department of Transportation (DOT) to report to specified congressional committees on: (1) any overlap between capital projects which are provided under funding documents, procedures, or arrangements and capital projects included in Amtrak's 20-year capital plan; and (2) any adjustments that need to be made in such plan to exclude projects for which funds are appropriated under this Act. Requires the Inspector General, as part of DOT's annual assessment of Amtrak's financial status and capital funding requirements, to review the obligation and expenditure of funds under each funding document, procedure, or arrangement to ensure that the expenditure and obligation of those funds are consistent with the purposes for which they are provided under this Act.Directs the Secretary, as necessary, to prescribe regulations and issue orders for every area of railroad safety, including the security of railroad operations. Directs the Secretary to review existing DOT rail regulations to identify areas in which they need to be revised to improve rail safety and security.Directs the Secretary to assess, and report to specified congressional committees on, the security risks associated with rail transportation and develop prioritized recommendations for: (1) improving the security of rail tunnels, rail bridges, rail switching areas, and other areas identified as posing significant rail-related risks to public safety and the movement of interstate commerce; and (2) dealing with the immediate and long-term economic impact of measures that may be required to address such risks.

A bill to provide for rail safety and security assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Premarket Predictability Act of 2011''. SEC. 2. TRACKING AND REVIEW OF APPLICATIONS FOR INVESTIGATIONAL DEVICE EXEMPTIONS. Section 520(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)) is amended by adding at the end the following: ``(8)(A) Upon the submission of an application for an exemption for a device under this subsection, the submission of a request to classify a device under section 513, or the submission of a report for a device under section 510(k), whichever occurs first, the Secretary shall assign a tracking number to the device. ``(B) The Secretary shall use such tracking number to record the following interactions between the Secretary and applicant with respect to the device: ``(i) Submission or approval of an application for an exemption under this subsection. ``(ii) Submission or clearance of a report under section 510(k). ``(iii) Any meeting or meeting request, including in anticipation of the submission of such an application or report. ``(iv) Submission or approval of an application under section 515(c). ``(v) Any formal or informal request by the Secretary for additional information. ``(vi) Any deficiency letter. ``(vii) Any response by the applicant to a request described in clause (v) or a deficiency letter. ``(viii) Any written submission by the applicant to the Food and Drug Administration. ``(ix) Any other matter, as determined appropriate by the Secretary. ``(9) Upon the submission of an application for an exemption under this subsection for a device, the Secretary shall assign, to review the application, a reviewer with prior review experience with that type of device or technology or other relevant expertise.''. SEC. 3. OTHER RULES RELATING TO INVESTIGATIONAL DEVICE EXEMPTIONS. Section 520(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)) is amended-- (1) in paragraph (2)(A), by adding at the end the following: ``Procedures and conditions pursuant to the preceding sentence shall require the Secretary, in determining whether to grant such an exemption, to evaluate whether the investigational study can be conducted ethically and with reasonable risk.''; (2) in paragraph (2)(B)(ii), by striking ``evaluate the safety and effectiveness of the device'' and inserting ``evaluate whether the investigational study is being conducted ethically and with reasonable risk''; (3) in paragraph (4)(B), by adding at the end the following: ``The Secretary may not disapprove an application because the investigation does not or may not meet any requirement, including a data requirement, relating to the approval or clearance of a device because the Secretary believes that a different clinical testing design or plan could produce data more relevant to an approval or clearance decision.''; (4) in paragraph (7)(A), by striking ``(7)(A) In the case'' and all that follows through the end paragraph (7)(A) and inserting the following: ``(7)(A)(i) In the case of a person intending to investigate the safety or effectiveness of a class II or a class III device, the Secretary shall ensure that the person has an opportunity, prior to submitting an application to the Secretary, to submit to the Secretary, for review, an investigational plan (including a clinical protocol). If the applicant submits a written request for a meeting with the Secretary regarding such review, the Secretary shall, not later than 30 days after receiving the request, meet with the applicant for the purpose of reaching agreement regarding the investigational plan (including a clinical protocol). The written request shall include a detailed description of the device, a detailed description of the proposed conditions of use of the device, information (if available) regarding the expected performance of the device, and a proposed plan (including a clinical protocol) for determining-- ``(I) whether there is a reasonable assurance of safety and effectiveness; or ``(II) whether the device is substantially equivalent to or is at least as safe and effective as a legally marketed device that is not subject to approval requirements under section 515. ``(ii) In the case where the Secretary fails to meet the applicant not later than 30 days after receiving a request as described under clause (i), the proposed plan submitted in such request shall be deemed to be the agreement reached between the Secretary and the applicant under subparagraph (B) and such agreement shall not be subject to change except as provided in subparagraph (B).''; and (5) in paragraph (7)(B)(ii), by inserting ``that has emerged since the date of the agreement and that is'' after ``substantial scientific issue''. SEC. 4. CLARIFICATION OF LEAST BURDENSOME STANDARD. (a) Premarket Approval.--Section 513(a)(3)(D) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(a)(3)(D)) is amended-- (1) by redesignating clause (iii) as clause (iv); and (2) by inserting after clause (ii) the following: ``(iii) In carrying out clause (ii), the Secretary-- ``(I) shall not request information unrelated or irrelevant to a demonstration of reasonable assurance of device effectiveness; ``(II) shall consider alternative approaches to evaluating device effectiveness in order to reduce the time, effort, and cost of reaching proper resolution of the issue; ``(III) shall use all reasonable mechanisms to lessen review times and render regulatory decisions; ``(IV) shall consider whether pre-clinical data, such as well-designed bench and animal testing, can meet the statutory threshold for approval; and ``(V) if clinical data are needed, shall consider alternatives to randomized, controlled clinical trials and the use of surrogate endpoints.''. (b) Substantial Equivalence Determination.--Section 513(i)(1)(D) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c(i)(1)(D)) is amended-- (1) by striking ``(D) Whenever'' and inserting ``(D)(i) Whenever''; and (2) by adding at the end the following: ``(ii) In carrying out clause (i), the Secretary-- ``(I) shall focus on whether there is a reasonable assurance that the device is safe and effective for its intended use; ``(II) shall not request or accept information unrelated or irrelevant to the substantial equivalence evaluation; ``(III) shall review the labeling of the device to assess the intended use of the device, and shall not evaluate issues that do not present a major impact on the intended use as set forth in the labeling; ``(IV) shall consider alternative approaches to evaluating substantial equivalence in order to reduce the time, effort, and cost of reaching proper resolution of the issue; and ``(V) shall use all reasonable mechanisms to lessen review times and render regulatory decisions.''. SEC. 5. AGENCY DOCUMENTATION AND REVIEW OF SIGNIFICANT DECISIONS. Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 517 (21 U.S.C. 360g) the following: ``SEC. 517A. AGENCY DOCUMENTATION AND REVIEW OF SIGNIFICANT DECISIONS REGARDING DEVICES. ``(a) Documentation of Rationale for Significant Decisions.-- ``(1) In general.--The Secretary shall completely document the scientific and regulatory rationale for any significant decision of the Center for Devices and Radiological Health regarding submission or review of a report under section 510(k), an application under section 515, or an application for an exemption under section 520(g), including documentation of significant controversies or differences of opinion and their resolution. ``(2) Provision of documentation.--Upon request, the Secretary shall furnish such complete documentation to the person who is seeking to submit, or who has submitted, such report or application. ``(b) Appeal Rights and Procedures.-- ``(1) Appeal to center director.--Any person may, within 30 days after a significant decision described in subsection (a)(1), appeal such decision to the Director of the Center for Devices and Radiological Health (in this subsection referred to as the `Center Director'). ``(2) Petition; procedures.--The Center Director-- ``(A) may require that an appeal under paragraph (1) be in writing and set forth the decision being appealed and the grounds for the appeal; and ``(B) subject to paragraph (6), may provide for such procedures as may be necessary with respect to such an appeal. ``(3) Resolution by center director.-- ``(A) Meeting.--The Center Director shall provide, upon the request of any person bringing an appeal under paragraph (1), for at least one meeting, to be held within 45 days after the filing of the appeal, to discuss the significant decision involved, the appeal of such decision, and possible resolutions of the appeal. ``(B) Final decision.--The Center Director shall issue a final written decision resolving any appeal under paragraph (1), including the grounds for such decision, not later than 90 days after the filing of the appeal. ``(4) Appeal to commissioner.-- ``(A) In general.--Any person who files an appeal under paragraph (1)-- ``(i) within 30 days after receiving any decision of the Center Director resolving the appeal, may appeal such decision to the Commissioner; or ``(ii) if the Center Director has not made a decision resolving the appeal under paragraph (1) within 90 days after the filing of such appeal, may file directly with the Commissioner an appeal of the significant decision subject to such appeal under paragraph (1). ``(B) Final decision.--The Commissioner shall issue a final written decision resolving any appeal under subparagraph (A), including the grounds for such decision, not later than 30 days after the filing of such appeal under subparagraph (A). ``(5) Report.--The Commissioner shall issue a public report on at least an annual basis that sets forth-- ``(A) the number of appeals under paragraph (1) and the disposition of those appeals; ``(B) for each appeal under paragraph (1), the number of days taken to reach a final decision under paragraph (3)(B); ``(C) the number of appeals to the Commissioner under paragraph (4)(A), including the number of such appeals under paragraph (4)(A)(ii), and the disposition of those appeals; and ``(D) the number of appeals for which the Commissioner does not issue a final decision within 30 days as required by paragraph (4)(B). ``(6) Authority of secretary to establish appeal procedures and timelines.-- ``(A) Establishment.--Subject to subparagraph (B), the Secretary may, by regulation or guidance, establish appeal procedures or timelines applicable to appeals under paragraph (1) or (4). ``(B) Limitation.--No procedure or timeline established under subparagraph (A) may alter any requirement or extend or delay any timeline specified in any of paragraphs (1) through (5).''. SEC. 6. TRANSPARENCY IN CLEARANCE PROCESS. (a) Publication of Detailed Decision Summaries.--Section 520(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(h)) is amended by adding at the end the following: ``(5) Subject to subsection (c) and section 301(j), the Secretary shall regularly publish detailed decision summaries for each clearance of a device under section 510(k).''. (b) Application.--The requirement of section 520(h)(5) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies only with respect to clearance of a device occurring after the date of the enactment of this Act.

Premarket Predictability Act of 2011 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to assign a tracking number to a medical device upon submission of: (1) an application for an exemption of a device for investigational use, (2) a request to classify a device, or (3) a premarket report or notification related to a device. Requires the Secretary to use the tracking number to record interactions between the Secretary and applicant with respect to the device. Directs the Secretary to: (1) assign a reviewer with prior review experience with the type of of device or technology involved or other relevant expertise to review an application for an exemption of a device for investigational use, and (2) evaluate whether the investigational study can be conducted ethically with reasonable risk in determining whether to grant an exemption for investigational use. Prohibits the Secretary from disapproving an application because the investigation does not or may not meet any requirement relating to the approval or clearance of a device because the Secretary believes that a different clinical testing design or plan could produce data more relevant to an approval or clearance decision. Revises the procedures relating to submission of an application to investigate a class II or a class III device, which may include a plan for determining whether the device is substantially equivalent to or is at least as safe and effective as a legally marketed device that is not subject to premarket approval requirements. Sets forth requirements for the Secretary to meet in determining the least burdensome appropriate means of evaluating medical device effectiveness that would have a reasonable likelihood of resulting in approval. Requires the Secretary to document the scientific and regulatory rationale for any significant decision of the Center for Devices and Radiological Health regarding device review, approval, or exemption. Sets forth appeal procedures. Requires the Secretary to regularly publish detailed decision summaries for each clearance of a device not requiring premarket approval.

To amend the Federal Food, Drug, and Cosmetic Act to provide predictability, consistency, and transparency to the premarket review process.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Affordable Health Care Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) More than 43,000,000 Americans currently lack health insurance. (2) The great majority of the uninsured are members of families with at least 1 full-time worker. (3) Nearly half of the uninsured workers are in firms with fewer than 25 employees. (4) Small employers generally face higher costs for health insurance than do larger firms, which makes small firms less likely to offer coverage. (5) According to the Congressional Budget Office, only 42 percent of small-firm establishments with fewer than 50 employees offer health insurance to their employees. (6) The smaller the firm size, the less likely it is to offer coverage. According to the Employee Benefit Research Institute (EBRI), in 1998, among private sector workers in firms with fewer than 10 employees, 27.4 percent received health insurance from their employers in their own name, compared with 66.5 percent of workers in firms with 1,000 or more employees. (b) Purpose.--The purpose of this Act is to provide new tax incentives to make health insurance more affordable for small businesses, thus encouraging those businesses that do not currently offer health insurance to do so and discouraging businesses that currently do offer heatlh insurance from dropping coverage because of rising costs. SEC. 3. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES. (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: ``SEC. 45E. EMPLOYEE HEALTH INSURANCE EXPENSES. ``(a) General Rule.--For purposes of section 38, in the case of an employer, the employee health insurance expenses credit determined under this section is an amount equal to the applicable percentage of the amount paid by the taxpayer during the taxable year for qualified employee health insurance expenses. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage is equal to-- ``(1) 50 percent in the case of an employer with less than 10 employees, and ``(2) 30 percent in the case of an employer with more than 9 but less than 26 employees. ``(c) Per Employee Dollar Limitation.--The amount of qualified employee health insurance expenses taken into account under subsection (a) with respect to any qualified employee for any taxable year shall not exceed-- ``(1) $2,000 in the case of self-only coverage, and ``(2) $4,000 in the case of family coverage (as so defined). ``(d) Special Rules and Definitions.--For purposes of this section-- ``(1) Determination of employment.-- ``(A) In general.--An employer shall be considered an employer described in paragraph (1) or (2) of subsection (b) if such employer employed an average of the number of employees described in such paragraph on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding calendar year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid by an employer for health insurance coverage to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(C) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by section 9832(b)(1). ``(3) Qualified employee.-- ``(A) In general.--The term `qualified employee' means, with respect to any period, an employee of an employer if the total amount of wages paid or incurred by such employer to such employee at an annual rate during the taxable year is not less than $5,000. ``(B) Treatment of certain employees.--For purposes of subparagraph (A), the term `employee'-- ``(i) shall not include an employee within the meaning of section 401(c)(1), but ``(ii) shall include a leased employee within the meaning of section 414(n). ``(C) Wages.--The term `wages' has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(f) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to qualified employee health insurance expenses taken into account under subsection (a).''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) 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: ``(14) the employee health insurance expenses credit determined under section 45E.''. (c) No Carrybacks.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(10) No carryback of section 45e credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the employee health insurance expenses credit determined under section 45E may be carried back to a taxable year ending before January 1, 2002.''. (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: ``Sec. 45E. Employee health insurance expenses.''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2001. SEC. 4. DEDUCTION FOR HEALTH AND LONG-TERM CARE INSURANCE COSTS OF INDIVIDUALS NOT PARTICIPATING IN EMPLOYER-SUBSIDIZED HEALTH PLANS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. HEALTH AND LONG-TERM CARE INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the applicable percentage of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning The applicable in calendar year-- percentage is-- 2002, 2003, 2004....................................... 25 2005 and 2006.......................................... 50 2007 and thereafter.................................... 100. ``(c) Limitation Based on Other Coverage.-- ``(1) Coverage under certain subsidized employer plans.-- ``(A) In general.--Subsection (a) shall not apply to any taxpayer for any calendar month for which the taxpayer participates in any health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer if 50 percent or more of the cost of coverage under such plan (determined under section 4980B and without regard to payments made with respect to any coverage described in subsection (e)) is paid or incurred by the employer. ``(B) Employer contributions to cafeteria plans, flexible spending arrangements, and medical savings accounts.--Employer contributions to a cafeteria plan, a flexible spending or similar arrangement, or a medical savings account which are excluded from gross income under section 106 shall be treated for purposes of subparagraph (A) as paid by the employer. ``(C) Aggregation of plans of employer.--A health plan which is not otherwise described in subparagraph (A) shall be treated as described in such subparagraph if such plan would be so described if all health plans of persons treated as a single employer under subsections (b), (c), (m), or (o) of section 414 were treated as one health plan. ``(D) Separate application to health insurance and long-term care insurance.--Subparagraphs (A) and (C) shall be applied separately with respect to-- ``(i) plans which include primarily coverage for qualified long-term care services or are qualified long-term care insurance contracts, and ``(ii) plans which do not include such coverage and are not such contracts. ``(2) Coverage under certain federal programs.-- ``(A) In general.--Subsection (a) shall not apply to any amount paid for any coverage for an individual for any calendar month if, as of the first day of such month, the individual is covered under any medical care program described in-- ``(i) title XVIII, XIX, or XXI of the Social Security Act, ``(ii) chapter 55 of title 10, United States Code, ``(iii) chapter 17 of title 38, United States Code, ``(iv) chapter 89 of title 5, United States Code, or ``(v) the Indian Health Care Improvement Act. ``(B) Exceptions.-- ``(i) Qualified long-term care.-- Subparagraph (A) shall not apply to amounts paid for coverage under a qualified long-term care insurance contract. ``(ii) Continuation coverage of fehbp.-- Subparagraph (A)(iv) shall not apply to coverage which is comparable to continuation coverage under section 4980B. ``(d) Long-Term Care Deduction Limited to Qualified Long-Term Care Insurance Contracts.--In the case of a qualified long-term care insurance contract, only eligible long-term care premiums (as defined in section 213(d)(10)) may be taken into account under subsection (a). ``(e) Deduction Not Available for Payment of Ancillary Coverage Premiums.--Any amount paid as a premium for insurance which provides for-- ``(1) coverage for accidents, disability, dental care, vision care, or a specified illness, or ``(2) making payments of a fixed amount per day (or other period) by reason of being hospitalized. shall not be taken into account under subsection (a). ``(f) Special Rules.-- ``(1) Coordination with deduction for health insurance costs of self-employed individuals.--The amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. ``(2) Coordination with medical expense deduction.--The amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations requiring employers to report to their employees and the Secretary such information as the Secretary determines to be appropriate.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (17) the following new item: ``(18) Health and long-term care insurance costs.--The deduction allowed by section 222.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 222. Health and long-term care insurance costs. ``Sec. 223. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 5. DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE COSTS OF SELF- EMPLOYED INDIVIDUALS. (a) In General.--Paragraph (1) of section 162(l) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Allowance of deduction.--In the case of an individual who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to 100 percent of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer and the taxpayer's spouse and dependents.''. (b) Clarification of Limitations on Other Coverage.--The first sentence of section 162(l)(2)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``Paragraph (1) shall not apply to any taxpayer for any calendar month for which the taxpayer participates in any subsidized health plan maintained by any employer (other than an employer described in section 401(c)(4)) of the taxpayer or the spouse of the taxpayer.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Access to Affordable Health Care Act - Amends the Internal Revenue Code to provide: (1) in the case of an employer, for an employee health insurance expenses credit; and (2) in the case of an individual (including the self-employed), for the deduction of 100 percent of the cost of medical care insurance.

A bill to amend the Internal Revenue Code of 1986 to provide new tax incentives to make health insurance more affordable for small businesses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving the Community Services Block Grant Act of 2005''. SEC. 2. COMMUNITY SERVICES BLOCK GRANT ACT AMENDMENTS. (a) Purposes and Goals.--Section 672 of the Community Services Block Grant Act (42 U.S.C. 9901 note) is amended to read as follows: ``SEC. 672. PURPOSES AND GOALS. ``The purpose of this subtitle is to reduce poverty-- ``(1) by strengthening and coordinating local efforts to expand opportunities for individuals and families to become economically self-sufficient and to improve and revitalize low- income communities in urban and rural areas, by providing resources to States for support of local eligible entities, including community action agencies and other community-based organizations-- ``(A) to plan, coordinate, and mobilize a broad range of Federal, State, local, and private assistance or investment in such a manner as to use these resources effectively to reduce poverty and in initiatives that are responsive to specific local needs and conditions; ``(B) to coordinate a range of services that meet the needs of low-income families and individuals, that support strong and healthy families, and that assist them in developing the skills needed to become self sustaining while ensuring that these services are provided effectively and efficiently; and ``(C) to design and implement comprehensive approaches to assist eligible individuals in gaining employment and achieving economic self-sufficiency; ``(2) by improving and revitalizing the low-income communities in urban and rural areas by providing resources to States for support of local eligible entities and their partners-- ``(A) to broaden the resource base of initiatives and projects directed to the elimination of poverty and the redevelopment of the low-income community, including partnerships with nongovernmental and governmental institutions to develop the community assets and services that reduce poverty, such as-- ``(i) other private, religious, charitable, and community-based organizations; ``(ii) individual citizens, and business, labor, and professional groups, that are able to influence the quantity and quality of opportunities and services for the poor; and ``(iii) local government leadership; and ``(B) to coordinate community-wide resources and services that will have a significant, measurable impact on the causes of poverty in the community and that will help families and individuals to achieve economic self-sufficiency and to test innovative, community-based approaches to attacking the causes and effects of poverty and of community breakdown, including-- ``(i) innovative initiatives to prevent and reverse loss of investment, jobs, public services, and infrastructure in low- and moderate-income communities; and ``(ii) innovative partnerships to leverage the assets and services that reduce poverty, as provided in subparagraph (A); and ``(3) by ensuring maximum participation of residents of low-income communities and of members of the groups served by grants made under this subtitle in guiding the eligible entities and in their programs funded under this subtitle, to ameliorate the particular problems and needs of low-income residents and to develop the permanent social and economic assets of the low-income community in order to reduce the incidence of poverty.''. (b) Definitions.--Section 673(1)(A) of the Community Services Block Grant Act (42 U.S.C. 9902(1)(A)) is amended-- (1) in clause (i) by striking ``and'' at the end; (2) in clause (ii) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) that successfully develops and meets the locally determined goals described in section 678E(b)(1), as determined by the State, and meets State goals, standards, and performance requirements as provided for in section 678B(a).''. (c) Authorization of Appropriations.--Section 674 of the Community Services Block Grant Act (42 U.S.C. 9903) is amended-- (1) in subsection (a)-- (A) by striking ``1999 through 2003'' and inserting ``2006 through 2012''; and (B) by striking ``681'' and inserting ``675C(b)(3), 681,''; (2) in subsection (b)(2)-- (A) by striking ``678F'' and inserting ``678E to assist States, eligible entities, and their partners in projects supported by this subtitle''; and (B) in subparagraph (B) by striking ``monitoring (to correct programmatic deficiencies of eligible entities)'' and inserting ``monitoring (including technical assistance and training to correct programmatic deficiencies of eligible entities)''. (d) Uses of Funds.--Section 675C of the Community Services Block Grant Act (42 U.S.C. 9907) is amended-- (1) in subsection (a)(3)(A) by striking ``Beginning on October 1, 2000, a'' and inserting ``A''; and (2) in subsection (b)(1)(F) by striking ``neighborhood- based'' and inserting ``community-based''. (e) Application and Plan.--Section 676 of the Community Services Block Grant Act (42 U.S.C. 9908) is amended-- (1) in subsection (b)-- (A) by striking ``Beginning with fiscal year 2000, to'' and inserting ``To''; (B) in paragraph (1)-- (i) in subparagraph (B)-- (I) by striking ``youth development programs that support'' and inserting ``youth development programs, which may include mentoring programs, that support''; and (II) by striking ``and'' at the end; (ii) in subparagraph (C) by adding ``and'' at the end; and (iii) by adding at the end the following: ``(D) initiatives to improve economic conditions and mobilize new resources in rural areas to eliminate obstacles to the self-sufficiency of families and individuals in rural communities;''; (C) in paragraph (2) by striking ``community and neighborhood-based'' and inserting ``community-based''; (D) in paragraph (3)-- (i) in the matter preceding subparagraph (A) by striking ``information provided by eligible entities in the State, containing'' and inserting ``an assurance that the State will provide information, including''; and (ii) in subparagraph (D) by striking ``community and neighborhood-based'' and inserting ``community-based''; (E) in paragraph (9) by striking ``and community organizations'' and inserting ``and community-based organizations''; (F) in paragraph (10) by striking ``community organization'' and inserting ``community-based organization''; (G) in paragraph (12) by striking ``and'' at the end; (H) by redesignating paragraph (13) as paragraph (15); and (I) by inserting after paragraph (12) the following: ``(13) an assurance that the State will take swift action to improve performance or, when appropriate, to terminate the funding under this subtitle of low-performing eligible entities that do not meet the applicable locally determined goals described in section 678E(b)(1) or do not meet the State goals, standards, and requirements as provided for in section 678B(a); ``(14) an assurance that the State will provide a justification to the Secretary if it continues to fund persistently low-performing eligible entities; and''; (2) in subsection (c)(2) by striking ``plan, or'' and all that follows through the period at the end, and inserting ``plan, to meet a State requirement, as described in section 678C(a), or to meet the locally determined goals as described in section 678E(b)(1).''; and (3) by striking subsection (f). (f) Training, Technical Assistance, and Other Activities.--Section 678A(a)(1)(A) of the Community Services Block Grant Act (42 U.S.C. 9913(a)(1)(A)) is amended-- (1) by inserting ``dissemination regarding best practices,'' after ``technical assistance,''; and (2) by inserting ``(including to assist in the development of reporting systems and electronic data systems)'' after ``collection activities''. (g) Monitoring of Eligible Entities.--Section 678B of the Community Services Block Grant Act (42 U.S.C. 9914) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1) by inserting ``and the locally determined performance goals described in section 678E(b)(1)'' after ``a State''; and (B) in paragraph (3)-- (i) by inserting ``appropriate'' before ``goals''; and (ii) by striking ``established by the State''; and (2) in the last sentence of subsection (c) by striking ``Chairperson of the Committee on Education'' and all that follows through ``Human Resources of the Senate'' and inserting ``appropriate congressional committees''. (h) Corrective Action; Termination and Reduction of Funding.-- Section 678C(a) of the Community Services Block Grant Act (42 U.S.C. 9915(a)) is amended in the matter preceding paragraph (1) by striking ``established by the State''. (i) Accountability and Reporting Requirements.--Section 678E of the Community Services Block Grant Act (42 U.S.C. 9917) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A) by striking ``By October 1, 2001, each'' and inserting ``Each''; and (B) in paragraph (2)-- (i) in the 1st sentence by inserting ``including any activities under section 678C'' before the period at the end; (ii) by striking the 2d sentence; (iii) in the 3d sentence by striking ``also''; and (iv) in the 3d sentence by inserting ``information on the timeliness of the distribution of block grant funds to eligible entities as provided in section 675C(a),'' after ``including''; (2) in subsection (b)-- (A) in paragraph (2) in the matter preceding subparagraph (A) by striking ``beginning after September 30, 1999''; (B) in paragraph (3) by striking ``Committee on Education'' and all that follows through ``Human Resources of the Senate'' and inserting ``appropriate congressional committees''; (C) by adding at the end the following: ``(5) Coordination of reporting requirements.--To the maximum extent possible, the Secretary shall coordinate reporting requirements for all programs of the Department of Health and Human Services managed by eligible entities so as to consolidate and reduce the number of reports required about individuals, families, and uses of grant funds.''; and (D) by redesignating such subsection as subsection (c); and (3) by inserting after subsection (a) the following: ``(b) Local Accountability and Reporting Requirements.-- ``(1) Locally determined goals.--In order to be designated as an eligible entity and to receive a grant under this subtitle, an eligible entity shall establish locally determined goals for reducing poverty in the community, including goals for-- ``(A) leveraging and mobilizing community resources; ``(B) fostering coordination of Federal, State, local, private, and other assistance; and ``(C) promoting community involvement. ``(2) Demonstration that goals were met.--In order for an eligible entity to receive a second or subsequent grant made under this subtitle after the effective date of this paragraph, such entity shall demonstrate to the State that it has met the goals described in paragraph (1).''. (j) Treatment of Beneficiaries.--Section 679 of the Community Services Block Grant Act (42 U.S.C. 9920) is amended by adding at the end the following: ``(f) Treatment of Beneficiaries.--In providing assistance under a program described in subsection (a), a religious organization shall not discriminate against a beneficiary, or a potential beneficiary, of such assistance on the basis of religion or of a religious belief.''. (k) Discretionary Authority of Secretary.--Section 680 of the Community Services Block Grant Act (42 U.S.C. 9921) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A) by inserting ``(including financial assistance for construction or substantial rehabilitation of buildings and facilities, and for loans or investments in private business enterprises owned by community development corporations)'' after ``assistance''; (ii) by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (D), (E), (F), and (G), respectively; and (iii) by inserting after subparagraph (A) the following: ``(B) Federal interest.--The Secretary shall establish procedures that permit funds provided under a grant made under this paragraph, or intangible assets acquired with such funds, to become the sole property of the grantee before the expiration of the 12-year period beginning after the fiscal year for which such grant is made if such grantee agrees to use such funds or such property for purposes and uses consistent with the purposes and uses for which such grant is made. ``(C) Replacement activities.--The Secretary shall establish procedures to allow a grant made under this paragraph to be used by a grantee to carry out activities substantially similar to the activities for which such grant is made if, due to no fault of such grantee, such grantee cannot carry out the activities for which such grant is made. Such procedures shall require that the substantially similar activities serve the same impact area and have the same goals, objectives, and outcomes as the activities for which such grant is made.''; (B) in paragraph (3)(B) by inserting ``water and wastewater'' after ``community''; and (C) in paragraph (4) by striking ``neighborhood- based'' and inserting ``community-based''; and (2) in subsection (c) by striking ``Chairperson of the Committee on Education'' and all that follows through ``Human Resources of the Senate'' and inserting ``appropriate congressional committees''. (l) Community Food and Nutrition Programs.--Section 681 of the Community Services Block Grant Act (42 U.S.C. 9922) is amended-- (1) in subsection (c) in the matter preceding paragraph (1) by striking ``Committee on Education'' and all that follows through ``Human Resources of the Senate'' and inserting ``appropriate congressional committees''; and (2) in subsection (d) by striking ``1999 through 2003'' and inserting ``2006 through 2012''. (m) National or Regional Programs Designed to Provide Instructional Activities for Low-Income Youth.--Section 682 of the Community Services Block Grant Act (42 U.S.C. 9923) is amended-- (1) in subsection (b)(5)-- (A) by inserting ``(which may be accomplished through mentoring)'' after ``youth''; and (B) by inserting ``to improve academic achievement'' after ``study practices''; and (2) in subsection (g) by striking ``1999 through 2003'' and inserting ``2006 through 2012''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning after the date of the enactment of this Act.

Improving the Community Services Block Grant Act of 2005 - Amends the Community Services Block Grant Act (CSBGA) to reauthorize appropriations and to revise the program. Requires eligible entities to develop and meet locally determined goals as well as State goals, standards, and performance requirements. Includes initiatives to improve economic conditions and mobilize new resources in rural areas to eliminate obstacles to the self-sufficiency of families and individuals in rural communities among the activities for which State plans must assure use of CSBGA grant funds. Requires State plans to include assurances that the State will: (1) take swift action to improve performance, or when appropriate, terminate the funding of low-performing eligible entities that do not meet locally determined goals or State goals, standards and performance requirements; and (2) provide a justification to the Secretary if they continue to fund persistently low-performing eligible entities. Requires States to: (1) measure performance of local entities with regard to locally determined goals; and (2) provide information on the timeliness of the distribution of block grant funds to eligible entities, and on their availability as timely advance payments for activities approved in local plans. Requires eligible entities to: (1) develop locally determined goals; and (2) demonstrate to the State that they have met such local goals to continue their eligibility for funding. Sets forth local grantee accountability and reporting requirements. Includes water and wastewater facility needs among those to be addressed by rural community development assistance.

To amend the Community Services Block Grant Act to provide for quality improvements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telephone Slamming Prevention Act of 1998''. SEC. 2. IMPROVEMENTS OF PROTECTIONS AGAINST UNAUTHORIZED CHANGES OF PROVIDERS OF TELEPHONE SERVICE. (a) Clarification of Verification Procedures.--Subsection (a) of section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended to read as follows: ``(a) Prohibition.-- ``(1) In general.--No telecommunications carrier shall submit or execute a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service except in accordance with this section and such verification procedures as the Commission shall prescribe. ``(2) Verification.--The procedures prescribed by the Commission to verify a subscriber's selection of a telephone exchange service or telephone toll service provider shall-- ``(A) preclude the use of negative option letters of agency as a verification method; and ``(B) require the retention of the verification of a subscriber's selection in such manner and form and for such time as the Commission considers appropriate.''. (b) Liability for Charges.--Subsection (b) of such section is amended-- (1) by striking ``(b) Liability for Charges.--Any telecommunications carrier'' and inserting the following: ``(b) Liability for Charges.-- ``(1) In general.--Any telecommunications carrier''; (2) by designating the second sentence as paragraph (3) and inserting at the beginning of such paragraph, as so designated, the following: ``(3) Construction of remedies.--''; and (3) by inserting after paragraph (1), as designated by paragraph (1) of this subsection, the following: ``(2) Subscriber payment option.-- ``(A) In general.--A subscriber whose telephone exchange service or telephone toll service is changed in violation of the procedures prescribed under subsection (a) may elect to pay the carrier previously selected by the subscriber for any such service received after the change in full satisfaction of amounts due from the subscriber to the carrier providing such service after the change. ``(B) Payment rate.--Payment for service under subparagraph (A) shall be at the rate for such service charged by the carrier previously selected by the subscriber concerned.''. (c) Additional Penalties.--Such section is further amended by adding at the end the following: ``(c) Civil Penalties.-- ``(1) In general.--Unless the Commission determines that there are mitigating circumstances, any telecommunications carrier who submits or executes a change in a provider of telephone exchange service or telephone toll service in violation of the procedures prescribed under subsection (a) shall be fined a minimum of $50,000 for the first offense and shall be fined a minimum of $100,000 for any subsequent offense. ``(2) Penalties for activities of agents and resellers.-- The Commission may assess penalties for violations of the procedures prescribed under subsection (a) in the case of a carrier that submits or executes unauthorized changes on behalf of its agents or resellers if the carrier meets such conditions as the Commission shall prescribe in regulations. ``(d) Criminal Penalties.--Any person who submits or executes a change in a provider of telephone exchange service or telephone toll service in willful violation of the procedures prescribed under subsection (a)-- ``(1) shall be fined in accordance with title 18, United States Code, imprisoned not more than 1 year, or both; but ``(2) if previously convicted under this subsection at the time of a subsequent offense, shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both, for such subsequent offense. ``(e) Disqualification From Certain Activities.-- ``(1) Disqualification of persons.--Subject to paragraph (3), any person convicted under subsection (d), in addition to any fines or imprisonment under that subsection, may not carry out any activities covered by section 214. ``(2) Disqualification of companies.--Subject to paragraph (3), any company substantially controlled by a person convicted under subsection (d) may not carry out any activities covered by section 214. ``(3) Reinstatement.-- ``(A) In general.--The Commission may terminate the application of paragraph (1) or (2) of this subsection to a person or company, as the case may be, if the Commission determines that the termination would be in the public interest. ``(B) Effective date.--The termination of the applicability of paragraph (1) or (2) to a person or company, as the case may be, under subparagraph (A) may not take effect earlier than 5 years after the date on which the applicable paragraph applied to the person or company. ``(f) Actions by States.--Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in a pattern or practice of unauthorized changes in providers of telephone exchange service or telephone toll service of residents in such State in violation of the procedures prescribed under subsection (a), the State may bring a civil action on behalf of its residents to enjoin such practices, to recover damages equal to the actual monetary loss suffered by such residents, or both. If the court finds the defendant executed such changes in willful and knowing violation of such procedures, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount awardable under the preceding sentence. ``(g) No Preemption of State Law.--Nothing in this section shall preempt the availability of relief under State law for unauthorized changes of providers of intrastate telephone exchange service or telephone toll service. ``(h) Reports on Complaints.-- ``(1) Reports required.--Each telecommunications carrier shall submit to the Commission, as frequently as the Commission shall require, a report on the number of complaints of unauthorized changes in providers of telephone exchange service or telephone toll service that are submitted to the carrier by its subscribers. Each report shall specify each provider of service complained of and the number of complaints relating to such provider. ``(2) Utilization.--The Commission shall use the information submitted in reports under this subsection to identify telecommunications carriers that engage in patterns and practices of unauthorized changes in providers of telephone exchange service or telephone toll service.''. (d) Treatment of Regulations.--The Federal Communications Commission may treat the regulations prescribed under section 258 of the Communications Act of 1934 before the date of enactment of this Act as regulations prescribed under such section 258, as amended by this section, but only to the extent that the regulations prescribed before such date of enactment are not inconsistent with the requirements of such section, as so amended. (e) Report on Slamming Violations.-- (1) In general.--Not later than October 31, 1998, the Federal Communications Commission shall submit to Congress a report on its enforcement actions against carriers for violations of the procedures prescribed under section 258(a) of the Communications Act of 1934, as in effect on the day before the date of enactment of this Act. (2) Elements.--The report shall-- (A) set forth the number of complaints against each telecommunications carrier that was subject to more than 100 complaints in 1997 for violation of the procedures referred to in paragraph (1); and (B) describe the penalties assessed against each such carrier for violations of such procedures. SEC. 3. REVIEW OF ADEQUACY OF LICENSING REQUIREMENTS AND PROCEDURES. Not later than 6 months after the date of enactment of this Act, the Federal Communications Commission shall submit to Congress a report that-- (1) assesses the adequacy and effectiveness of the licensing requirements and procedures of the Commission under section 214 of the Communications Act of 1934 (47 U.S.C. 214) in determining whether or not a carrier is suitable for licensing under that section; and (2) identifies additional actions that the Commission could take under that section in order to ensure that new licenses are not issued under that section to persons or carriers that have previously lost their licenses for violations of section 258 of that Act (47 U.S.C. 258) or have otherwise engaged in egregious violations of such section 258.

Telephone Slamming Prevention Act of 1998 - Amends the Communications Act of 1934 (the Act) to require procedures prescribed by the Federal Communications Commission (FCC) to verify a subscriber's selection of a provider of telephone exchange or toll service to: (1) preclude the use of negative option letters of agency; and (2) require the retention of a subscriber's selection verification. Allows a subscriber whose provider is changed in violation of such Act to pay the former provider for all services provided by the unauthorized provider. Authorizes civil penalties: (1) of a minimum of $50,000 for the first offense and $100,000 for any additional offense by carriers who submit or execute an unauthorized change of provider service; and (2) in the case of a carrier that submits or executes unauthorized changes on behalf of its agents or resellers. Prescribes criminal penalties of a fine and up to one year in prison for a first offense and up to five years in prison for a subsequent offense for such a willful violation by any person. Prohibits any person or company convicted of such violations from participating in the provision of universal telecommunications service and related activities authorized under the Act. Authorizes reinstatement of such participation, but no earlier than five years after such prohibition, if found by the FCC to be in the public interest. Authorizes a State to bring an action on behalf of its residents when it has reason to believe that a carrier has or is engaging in a pattern or practice of making such unauthorized changes in service providers. Requires each carrier to report to the FCC on the number of complaints of unauthorized provider changes submitted to such carrier by its subscribers. Directs the FCC to utilize such information to identify carriers that engage in patterns and practices of unauthorized provider changes. Directs the FCC to report to the Congress on: (1) its enforcement against carriers for violations of this Act; (2) the adequacy and effectiveness of carrier licensing requirements and procedures in determining whether a carrier is suitable for such license; and (3) additional actions the FCC could take to ensure that new licenses are not issued to persons or carriers that have previously lost such license due to violations covered by this Act or that have engaged in egregious violations covered by this Act.

Telephone Slamming Prevention Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strong Character for Strong Schools Act''. SEC. 2. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM. Section 10103 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8003) is amended to read as follows: ``SEC. 10103. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM. ``(a) Program Authorized.-- ``(1) In general.--The Secretary is authorized to award grants to eligible entities for the design and implementation of character education programs that incorporate the elements of character described in subsection (d), as well as other character elements identified by the eligible entities. ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a State educational agency in partnership with 1 or more local educational agencies; ``(B) a State educational agency in partnership with-- ``(i) one or more local educational agencies; and ``(ii) one or more nonprofit organizations or entities, including institutions of higher education; ``(C) a local educational agency or consortium of local educational agencies; or ``(D) a local educational agency in partnership with another nonprofit organization or entity, including institutions of higher education. ``(3) Duration.--Each grant under this section shall be awarded for a period not to exceed 3 years, of which the eligible entity shall not use more than 1 year for planning and program design. ``(4) Amount of grants for state educational agencies.-- Subject to the availability of appropriations, the amount of grant made by the Secretary to a State educational agency in a partnership described in subparagraph (A) or (B) of paragraph (2), that submits an application under subsection (b) and that meets such requirements as the Secretary may establish under this section, shall not be less than $500,000. ``(b) Applications.-- ``(1) Requirement.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. ``(2) Contents of application.--Each application submitted under this section shall include-- ``(A) a description of any partnerships or collaborative efforts among the organizations and entities of the eligible entity; ``(B) a description of the goals and objectives of the program proposed by the eligible entity; ``(C) a description of activities that will be pursued and how those activities will contribute to meeting the goals and objectives described in subparagraph (B), including-- ``(i) how parents, students (including students with physical and mental disabilities), and other members of the community, including members of private and nonprofit organizations, will be involved in the design and implementation of the program and how the eligible entity will work with the larger community to increase the reach and promise of the program; ``(ii) curriculum and instructional practices that will be used or developed; ``(iii) methods of teacher training and parent education that will be used or developed; and ``(iv) how the program will be linked to other efforts in the schools to improve student performance; ``(D) in the case of an eligible entity that is a State educational agency-- ``(i) a description of how the State educational agency will provide technical and professional assistance to its local educational agency partners in the development and implementation of character education programs; and ``(ii) a description of how the State educational agency will assist other interested local educational agencies that are not members of the original partnership in designing and establishing character education programs; ``(E) a description of how the eligible entity will evaluate the success of its program-- ``(i) based on the goals and objectives described in subparagraph (B); and ``(ii) in cooperation with the national evaluation conducted pursuant to subsection (c)(2)(B)(iii); ``(F) an assurance that the eligible entity annually will provide to the Secretary such information as may be required to determine the effectiveness of the program; and ``(G) any other information that the Secretary may require. ``(c) Evaluation and Program Development.-- ``(1) Evaluation and reporting.-- ``(A) State and local reporting and evaluation.-- Each eligible entity receiving a grant under this section shall submit to the Secretary a comprehensive evaluation of the program assisted under this section, including the impact on students (including students with physical and mental disabilities), teachers, administrators, parents, and others-- ``(i) by the second year of the program; and ``(ii) not later than 1 year after completion of the grant period. ``(B) Contracts for evaluation.--Each eligible entity receiving a grant under this section may contract with outside sources, including institutions of higher education, and private and nonprofit organizations, for purposes of evaluating its program and measuring the success of the program toward fostering in students the elements of character described in subsection (d). ``(2) National research, dissemination, and evaluation.-- ``(A) In general.--The Secretary is authorized to make grants to, or enter into contracts or cooperative agreements with, State or local educational agencies, institutions of higher education, tribal organizations, or other public or private agencies or organizations to carry out research, development, dissemination, technical assistance, and evaluation activities that support or inform State and local character education programs. The Secretary shall reserve not more than 5 percent of the funds made available under this section to carry out this paragraph. ``(B) Uses.--Funds made available under subparagraph (A) may be used-- ``(i) to conduct research and development activities that focus on matters such as-- ``(I) the effectiveness of instructional models for all students, including students with physical and mental disabilities; ``(II) materials and curricula that can be used by programs in character education; ``(III) models of professional development in character education; and ``(IV) the development of measures of effectiveness for character education programs which may include the factors described in paragraph (3); ``(ii) to provide technical assistance to State and local programs, particularly on matters of program evaluation; ``(iii) to conduct a national evaluation of State and local programs receiving funding under this section; and ``(iv) to compile and disseminate, through various approaches (such as a national clearinghouse)-- ``(I) information on model character education programs; ``(II) character education materials and curricula; ``(III) research findings in the area of character education and character development; and ``(IV) any other information that will be useful to character education program participants, educators, parents, administrators, and others nationwide. ``(C) Priority.--In carrying out national activities under this paragraph related to development, dissemination, and technical assistance, the Secretary shall seek to enter into partnerships with national, nonprofit character education organizations with expertise and successful experience in implementing local character education programs that have had an effective impact on schools, students (including students with disabilities), and teachers. ``(3) Factors.--Factors which may be considered in evaluating the success of programs funded under this section may include-- ``(A) discipline issues; ``(B) student performance; ``(C) participation in extracurricular activities; ``(D) parental and community involvement; ``(E) faculty and administration involvement; ``(F) student and staff morale; and ``(G) overall improvements in school climate for all students, including students with physical and mental disabilities. ``(d) Elements of Character.-- ``(1) In general.--Each eligible entity desiring funding under this section shall develop character education programs that incorporate the following elements of character: ``(A) Caring. ``(B) Civic virtue and citizenship. ``(C) Justice and fairness. ``(D) Respect. ``(E) Responsibility. ``(F) Trustworthiness. ``(G) Any other elements deemed appropriate by the members of the eligible entity. ``(2) Additional elements of character.--An eligible entity participating under this section may, after consultation with schools and communities served by the eligible entity, define additional elements of character that the eligible entity determines to be important to the schools and communities served by the eligible entity. ``(e) Use of Funds by State Educational Agency Recipients.--Of the total funds received in any fiscal year under this section by an eligible entity that is a State educational agency-- ``(1) not more than 10 percent of such funds may be used for administrative purposes; and ``(2) the remainder of such funds may be used for-- ``(A) collaborative initiatives with and between local educational agencies and schools; ``(B) the preparation or purchase of materials, and teacher training; ``(C) grants to local educational agencies, schools, or institutions of higher education; and ``(D) technical assistance and evaluation. ``(f) Selection of Grantees.-- ``(1) Criteria.--The Secretary shall select, through peer review, eligible entities to receive grants under this section on the basis of the quality of the applications submitted under subsection (b), taking into consideration such factors as-- ``(A) the quality of the activities proposed to be conducted; ``(B) the extent to which the program fosters in students the elements of character described in subsection (d) and the potential for improved student performance; ``(C) the extent and ongoing nature of parental, student, and community involvement; ``(D) the quality of the plan for measuring and assessing success; and ``(E) the likelihood that the goals of the program will be realistically achieved. ``(2) Diversity of projects.--The Secretary shall approve applications under this section in a manner that ensures, to the extent practicable, that programs assisted under this section-- ``(A) serve different areas of the Nation, including urban, suburban, and rural areas; and ``(B) serve schools that serve minorities, Native Americans, students of limited-English proficiency, disadvantaged students, and students with disabilities. ``(g) Participation by Private School Children and Teachers.-- Grantees under this section shall provide, to the extent feasible and appropriate, for the participation of students and teachers in private elementary and secondary schools in programs and activities under this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $50,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Strong Character for Strong Schools Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to eligible entities in partnerships to design and implement State and local character education programs incorporating the elements of caring, civic virtue and citizenship, justice and fairness, respect, responsibility, and trustworthiness, as well as any other elements deemed appropriate by the members of the eligible entity, and any additional elements defined after consultation with the schools and communities served.

A bill to amend the Elementary and Secondary Education Act of 1965 to provide for partnerships in character education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Housing Subsidies for the Rich Act of 2016''. SEC. 2. LIMITATION ON PUBLIC HOUSING TENANCY FOR OVER-INCOME FAMILIES. Section 16(a) of the United States Housing Act of 1937 (42 U.S.C. 1437n(a)) is amended by adding at the end the following: ``(5) Limitations on tenancy for over-income families.-- ``(A) Limitations.--Except as provided in subparagraph (B), in the case of any family residing in a dwelling unit of public housing whose income for the most recent 2 consecutive years, as determined pursuant to income reviews conducted under section 3(a)(1), has exceeded the applicable income limitation under subparagraph (D), the public housing agency shall terminate the tenancy of the family in public housing not later than 6 months after the income determination. ``(B) Exception.--A family described in subparagraph (A) may continue to occupy the dwelling unit of public housing on a month-to-month basis if-- ``(i) the public housing agency charges the family as monthly rent for the dwelling unit an amount equal the applicable fair market rental established under section 8(c) for a dwelling unit in the same market area of the same size; and ``(ii) there are no eligible families applying for housing assistance from the public housing agency for that month and the agency provides not less than 30-day public notice of the availability of such assistance. ``(C) Notice.--In the case of any family residing in a dwelling unit of public housing whose income for a year has exceeded the applicable income limitation under subparagraph (D), upon the conclusion of that year the public housing agency shall provide written notice to the family of the requirements under subparagraph (A). ``(D) Income limitation.--The income limitation under this subparagraph shall be 120 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families. ``(E) Reports on over-income families and waiting lists.--The Secretary shall require that each public housing agency shall-- ``(i) submit a report annually, in a format required by the Secretary, that specifies-- ``(I) the number of families residing, as of the end of the year for which the report is submitted, in public housing administered by the agency who had incomes exceeding the applicable income limitation under subparagraph (D); and ``(II) the number of families, as of the end of the year for which the report is submitted year, on the waiting lists for admission to public housing dwelling units of the agency; and ``(ii) make the information reported pursuant to clause (i) publicly available.''. SEC. 3. LIMITATION ON ELIGIBILITY FOR ASSISTANCE BASED ON ASSETS. Section 16 of the United States Housing Act of 1937 (42 U.S.C. 1437n) is amended by inserting after subsection (d) the following: ``(e) Eligibility for Assistance Based on Assets.-- ``(1) Limitation on assets.--Subject to paragraph (3) and notwithstanding any other provision of this Act, a dwelling unit assisted under this Act may not be rented and assistance under this Act may not be provided, either initially or at each recertification of family income, to any family-- ``(A) whose net family assets exceed $100,000, as such amount is adjusted annually by applying an inflationary factor as the Secretary considers appropriate; or ``(B) who has a present ownership interest in, a legal right to reside in, and the effective legal authority to sell, real property that is suitable for occupancy by the family as a residence, except that the prohibition under this subparagraph shall not apply to-- ``(i) any property for which the family is receiving assistance under subsection (y) or (o)(12) of section 8; ``(ii) any person that is a victim of domestic violence; or ``(iii) any family that is offering such property for sale. ``(2) Net family assets.-- ``(A) In general.--For purposes of this subsection, the term `net family assets'-- ``(i) means, for all members of the household, the net cash value of all assets after deducting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other forms of capital investment; and ``(ii) does not include interests in Indian trust land, equity in property for which the family is receiving assistance under subsection (y) or (o)(12) of section 8, equity accounts in homeownership programs of the Department of Housing and Urban Development, or Family Self Sufficiency accounts. ``(B) Exclusions.--Such term does not include-- ``(i) the value of personal property, except for items of personal property of significant value, as the Secretary may establish or the public housing agency may determine; ``(ii) the value of any retirement account; ``(iii) real property for which the family does not have the effective legal authority necessary to sell such property; ``(iv) any amounts recovered in any civil action or settlement based on a claim of malpractice, negligence, or other breach of duty owed to a member of the family and arising out of law, that resulted in a member of the family being disabled; ``(v) the value of any Coverdell education savings account under section 530 of the Internal Revenue Code of 1986 or any qualified tuition program under section 529 of such Code; and ``(vi) such other exclusions as the Secretary may establish. ``(C) Trust funds.--In cases in which a trust fund has been established and the trust is not revocable by, or under the control of, any member of the family or household, the value of the trust fund shall not be considered an asset of a family if the fund continues to be held in trust. Any income distributed from the trust fund shall be considered income for purposes of section 3(b) and any calculations of annual family income, except in the case of medical expenses for a minor. ``(3) Self-certification.-- ``(A) Net family assets.--A public housing agency or owner may determine the net assets of a family, for purposes of this section, based on a certification by the family that the net assets of such family do not exceed $50,000, as such amount is adjusted annually by applying an inflationary factor as the Secretary considers appropriate. ``(B) No current real property ownership.--A public housing agency or owner may determine compliance with paragraph (1)(B) based on a certification by the family that such family does not have any current ownership interest in any real property at the time the agency or owner reviews the family's income. ``(C) Standardized forms.--The Secretary may develop standardized forms for the certifications referred to in subparagraphs (A) and (B). ``(4) Compliance for public housing dwelling units.--When recertifying family income with respect to families residing in public housing dwelling units, a public housing agency may, in the discretion of the agency and only pursuant to a policy that is set forth in the public housing agency plan under section 5A for the agency, choose not to enforce the limitation under paragraph (1). ``(5) Enforcement.--When recertifying the income of a family residing in a dwelling unit assisted under this Act, a public housing agency or owner may choose not to enforce the limitation under paragraph (1) or may establish exceptions to such limitation based on eligibility criteria, but only pursuant to a policy that is set forth in the public housing agency plan under section 5A for the agency or under a policy adopted by the owner. Eligibility criteria for establishing exceptions may provide for separate treatment based on family type and may be based on different factors, such as age, disability, income, the ability of the family to find suitable alternative housing, and whether supportive services are being provided. ``(6) Authority to delay evictions.--In the case of a family residing in a dwelling unit assisted under this Act who does not comply with the limitation under paragraph (1), the public housing agency or project owner may delay eviction or termination of the family based on such noncompliance for a period of not more than 6 months. ``(7) Verifying income.-- ``(A) Beginning in fiscal year 2018, the Secretary shall require public housing agencies to require each applicant for, or recipient of, benefits under this Act to provide authorization by the applicant or recipient (or by any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient for such benefits) for the public housing agency to obtain (subject to the cost reimbursement requirements of section 1115(a) of the Right to Financial Privacy Act (12 U.S.C. 3415(a))) from any financial institution (within the meaning of section 1101(1) of such Act (12 U.S.C. 3401(1))) any financial record (within the meaning of section 1101(2) of such Act (12 U.S.C. 3401(2))) held by the institution with respect to the applicant or recipient (or any such other person) whenever the public housing agency determines the record is needed in connection with a determination with respect to such eligibility or the amount of such benefits. ``(B) Notwithstanding section 1104(a)(1) of the Right to Financial Privacy Act (12 U.S.C. 3404(a)(1)), an authorization provided by an applicant or recipient (or any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient) pursuant to subparagraph (A) of this paragraph shall remain effective until the earliest of-- ``(i) the rendering of a final adverse decision on the applicant's application for eligibility for benefits under this Act; ``(ii) the cessation of the recipient's eligibility for benefits under this Act; or ``(iii) the express revocation by the applicant or recipient (or such other person referred to in subparagraph (A)) of the authorization, in a written notification to the Secretary. ``(C)(i) An authorization obtained by the public housing agency pursuant to this paragraph shall be considered to meet the requirements of the Right to Financial Privacy Act for purposes of section 1103(a) of such Act (12 U.S.C. 3403(a)), and need not be furnished to the financial institution, notwithstanding section 1104(a) of such Act (12 U.S.C. 3404(a)). ``(ii) The certification requirements of section 1103(b) of the Right to Financial Privacy Act (12 U.S.C. 3404(b)) shall not apply to requests by the public housing agency pursuant to an authorization provided under this clause. ``(iii) A request by the public housing agency pursuant to an authorization provided under this clause is deemed to meet the requirements of section 1104(a)(3) of the Right to Financial Privacy Act (12 U.S.C. 3404(a)(3)) and the flush language of section 1102 of such Act (12 U.S.C. 3402). ``(iv) The public housing agency shall inform any person who provides authorization pursuant to this paragraph of the duration and scope of the authorization. ``(D) If an applicant for, or recipient of, benefits under this Act (or any such other person referred to in subparagraph (A)) refuses to provide, or revokes, any authorization made by the applicant or recipient for the public housing agency to obtain from any financial institution any financial record, the public housing agency may, on that basis, determine that the applicant or recipient is ineligible for benefits under this title.''.

End Housing Subsidies for the Rich Act of 2016 This bill amends the United States Housing Act of 1937 to revise eligibility requirements for assisted housing. If a public housing agency (PHA) determines that a tenant's income is greater than 120% of the area median income for two consecutive years, the PHA must terminate the family's tenancy within six months. Such a family may, however, continue to occupy the dwelling unit month-to-month if: the PHA charges the family the fair market rent, and there are no eligible families applying for housing assistance from the PHA for that month and the agency provides at least a 30-day public notice of the availability of such assistance. A PHA may not rent a dwelling unit to or assist families with net family assets exceeding $100,000 annually (adjusted for inflation) or an ownership interest in property that is suitable for occupancy. This restriction does not apply to victims of domestic violence, individuals using housing assistance for homeownership opportunities, or a family that is offering a property for sale. PHAs must require applicants to authorize financial institutions to disclose records necessary to determine eligibility for benefits.

End Housing Subsidies for the Rich Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Temple Mount Preservation Act of 2001''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The Temple Mount, located in the heart of Jerusalem, Israel, has great religious significance to the world's three major monotheistic religions, and increasing violence, religious intolerance, and archeological neglect threaten to destroy this sacred site. (2) According to the Jewish faith, the Temple Mount (Har ha-Bayit in Hebrew) is the location where Abraham was asked to sacrifice his only son, Isaac, in the ultimate test of his commitment to God. The Temple Mount was also the site of the first and second Holy Temples, and it is a basic tenet of Judaism that it will be the site of the third Holy Temple. (3) According to Christianity, Jesus was dedicated on the Temple Mount in the Second Temple in accordance with the Law of Moses. He referred to the Biblical Temple as his Father's House, and was tempted by the Devil at the pinnacle of the Temple Mount. (4) According to Islam, the Prophet Mohammad ascended into Heaven riding al-Burak from the edge of the Temple Mount (Haram al-Shaif in Arabic). Al-Aqsa Mosque is located on the site of the Prophet's ascent and is the third holiest site in Islam. The Dome of the Rock was built over the Holiest Rock, considered in Muslim traditions as the Center or Core of the Universe. (5) In June 1967, Jerusalem once again became a united city under Israel's sovereignty. Since that time, Israel has been legally responsible for the Temple Mount and has been respectful of the religious practices of Jews, Christians, and Muslims with regard to this site. (6) The Israeli Government elected to delegate the daily oversight of the Temple Mount to the Temple Mount Waqf (Religious Council), in tacit cooperation with the Hashemite Kingdom of Jordan, because of the King's capacity as the Custodian of Haram al-Sharif. In 1994, Jordan's role as custodian of Muslim religious interests was codified in the Israeli-Jordanian Peace Treaty. (7) In the aftermath of the 1993 Oslo Accords, Yassir Arafat's Palestinian Authority asserted preeminence on the Temple Mount through the subversion of the Waqf and by coercing the Jordan-affiliated officials and clergymen off the Temple Mount. Arafat personally nominated the virulently anti-Semitic and anti-American Mufti Ikrima Sabri as the Imam of al-Aqsa Mosque. In May 1998, Sabri declared that the Jews have no right to the Temple Mount. (8) In 1996, the Israeli Islamic Movement sponsored the expansion of the underground al-Marawani Mosque on the Temple Mount. The excavation conducted for this expansion extended beyond the original compound, and an ancient underground structure dating from the period of the Second Temple (circa 515 B.C. (B.C.E.) to 70 A.D. (C.E.)), known as the Western Hulda Gate passageway, was converted into a mosque. (9) In early 1998, the Waqf, controlled by the Palestinian Authority, began further excavation. A major underground mosque hall was inaugurated in August 1999 and an emergency exit was opened to a mosque located on the Temple Mount. The exit is 18,000 square feet in size and up to 36 feet deep, and thousands of tons of ancient fills from the site were dumped into the Kidron Valley. Archeologists have subsequently determined that artifacts dumped into the Kidron Valley from the Temple Mount dated from the period of the First Temple (circa 1006 B.C. (B.C.E.) to 586 B.C. (B.C.E.)). (10) In mid 2000, Arafat deployed onto the Temple Mount armed and unarmed security personnel of Jibril Rajoub's Preventive Security Forces in violation of numerous past agreements with Israel. Rajoub's forces evicted the Waqf's personnel and consolidated Arafat's control and ability to wage the Intifadah (``uprising'') against Israel. (11) In February and March of 2001, an ancient arched structure built against the Eastern Wall of the Temple Mount enclosure was razed by bulldozers in order to further enlarge the emergency gate of the new mosque at the Stables of Solomon. (12) In early May, Arafat ordered that the underground halls under the Temple Mount be unified into a single fortified space that would be both the largest mosque ever built on Haram al-Sharif and a springboard for the forthcoming Palestinian struggle for control of the Temple Mount. Given the haste and unsupervised nature of the ongoing excavation and construction work, there is great fear that the foundations of the two Holy Mosques will be severely damaged to the point of collapse. (13) The actions of Yassir Arafat and the Palestinian Authority threaten to eliminate all historical evidence of Jewish activity on the Temple Mount and serve to discredit Israeli claims of sovereignty over the Temple Mount. (14) The massive excavation and unsupervised destruction of artifacts discovered within the Temple Mount are undeniable affronts to the concepts of religious freedom and tolerance that must be respected in order to achieve and maintain peace in the Middle East. The destruction of the Temple Mount, which threatens to incite more violence, is destroying sacred artifacts and jeopardizing the ability of Americans to understand and promote their Judeo-Christian heritage. SEC. 3. PROHIBITION ON FUNDS FOR PALESTINIAN AUTHORITY AND ITS INSTRUMENTALITIES. (a) Prohibition.--Notwithstanding any other provision of law, no funds appropriated or otherwise made available in any Act of Congress may be used for any form of assistance to the Palestinian Authority or any instrumentality of the Palestinian Authority, either directly or through any nongovernmental organization or other entity, unless the President has certified to the Congress that no excavation of the Temple Mount in Israel is being conducted, other than that authorized by the Israeli Antiquities Authority. (b) Annual Recertification Required.--Any certification by the President under subsection (a) shall expire on the last day of the fiscal year in which it is made. (c) National Security Waiver.--The President may waive the prohibition contained in subsection (a) for a fiscal year if the President certifies in writing to the Congress that such waiver is in the national security interests of the United States.

Temple Mount Preservation Act of 2001 - Bars the use of appropriated funds for assistance to the Palestinian Authority (or its instrumentalities) unless the President certifies to Congress that no excavation of the Temple Mount in Israel is being conducted, other than that authorized by the Israeli Antiquities Authority. Provides a waiver of such prohibition if it is certified to Congress that it is in the national security interests of the United States.

To prohibit assistance from being provided to the Palestinian Authority or its instrumentalities unless the President certifies that no excavation of the Temple Mount in Israel is being conducted.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Waiver Fairness Act of 2011''. SEC. 2. PPACA WAIVER PROCESS. (a) In General.--Title I of the Patient Protection and Affordable Care Act (Public Law 111-148) is amended by adding at the end the following new subtitle: ``Subtitle G--Waiver Process ``SEC. 1601. ESTABLISHMENT OF WAIVER PROCESS. ``(a) In General.--The applicable authorities (as defined in subsection (c)) shall collectively establish a process (in this section referred to as the `waiver process') under which the administrator of a health plan, an employer, an individual, or other entity may seek to waive the application of a requirement under this title with respect to such plan, employer, individual, or entity. Among the requirements under this title, such process shall apply to the following: ``(1) Section 5000A of the Internal Revenue Code of 1986 (relating to requirement to maintain minimum essential coverage), as inserted by section 1501(b). ``(2) Section 6055 of the Internal Revenue Code of 1986 (relating to reporting of health insurance coverage), as inserted by section 1502(a). ``(3) Section 18A of the Fair Labor Standards Act of 1938 (42 U.S.C. 218a, relating to automatic enrollment for employees of large employers), as inserted by section 1511. ``(4) Section 18B of the Fair Labor Standards Act of 1938 (42 U.S.C. 218b, relating to notice to employees), as inserted by section 1512. ``(5) Section 4980H of the Internal Revenue Code of 1986 (relating to shared responsibility for employers regarding health coverage), as inserted by section 1513(a). ``(6) Section 6056 of the Internal Revenue Code of 1986 (relating to certain employers required to report on health insurance coverage), as inserted by section 1514(a). ``(7) Section 10108 (relating to free choice vouchers). ``(8) Regulations regarding the treatment of group health plans or health insurance coverage as a grandfathered health plan (as defined in section 1251(e)). ``(9) Section 2718(b) of the Public Health Service Act (relating to medical loss ratios), as inserted by section 1001. ``(b) Waiver Process.-- ``(1) In general.--The applicable authorities shall establish the waiver process consistent with the following: ``(A) Notice and guidance.--Public notice and guidance shall be provided regarding the process for submission of waiver requests. ``(B) Standard.--A waiver request with respect to the application of a requirement to a plan, employer, individual, or entity shall be accompanied by a statement that-- ``(i) identifies the specific requirement (or requirements) to be waived; and ``(ii) describes how the imposition of each specific requirement for which a waiver is requested on the plan, employer, individual, or entity would result in a significant decrease in access to coverage or a significant increase in premiums or other costs for such plan, employer, individual, or entity. ``(C) Deemed approval.--A waiver request filed that is accompanied by such a statement shall be deemed to be approved. ``(D) Publication of data.--The applicable authorities shall regularly publish data regarding the waiver requests received for the different requirements. ``(2) Treatment of approved waivers.--In the case of approval under the waiver process of a waiver request with respect to a requirement of this title and an entity, notwithstanding any other provision of law, such requirement shall not apply to such entity on and after the date of approval of the request. ``(3) Relation to other exemptions and exceptions.--Nothing in this section shall be construed as superceding other provisions of this title insofar as they provide for exceptions, exemptions, or other special treatment with respect to requirements under this title. ``(c) Applicable Authority.--In this section, the term `applicable authority' means-- ``(1) except as otherwise provided in this subsection, the Secretary of Health and Human Services; ``(2) the Secretary of Labor with respect to the provisions of this title, including amendments made by this title, that are administered by such Secretary; and ``(3) the Secretary of the Treasury with respect to the provisions of this title, including amendments made by this title, that are administered by such Secretary, including sections of the Internal Revenue Code of 1986 specified in subsection (a). ``(d) References to Requirements Under This Title.--In this section, a reference to a requirement under this title include such a requirement under an amendment made by this title, including as amended by title X of this Act or by the provisions of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152). ``(e) Public Awareness Campaign.--Of the amounts available in the Prevention and Public Health Fund established under section 4002, notwithstanding any other provision of law, $50,000,000 shall be available to and expended by the Secretary of Health and Human Services to conduct, in coordination with other applicable authorities, a public awareness campaign of the waiver process. Amounts made available under this subsection shall remain available until expended.''. (b) Clerical Amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title I the following: ``Subtitle G--Waiver Process ``Sec. 1601. Establishment of waiver process.''.

Health Care Waiver Fairness Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to require the Secretary of Health and Human Services (HHS), the Secretary of Labor, and the Secretary of Treasury to establish waiver processes under which the administrator of a health plan, an employer, an individual, or other entity may seek to waive the application of a health insurance coverage requirement under PPACA. Sets forth PPACA requirements that may be waived, including those related to minimum essential coverage and employers offering health care coverage to employees. Establishes requirements for the waiver process, including requiring submission of a statement describing how the imposition of the PPACA requirement would result in a significant decrease in access to coverage or a significant increase in premiums or other costs for such plan, employer, individual, or entity. Deems to be approved any waiver including such a statement. Requires the Secretary of HHS to conduct a public awareness campaign of the waiver process with funds made available for the Prevention and Public Health Fund.

To amend title I of the Patient Protection and Affordable Care Act to provide for a process for waiver of requirements of that title where the requirement is asserted to otherwise result in a significant decrease in access to coverage or significant increase in premiums or other costs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Choice in Healthcare Act''. SEC. 2. MEDICARE AND MEDICAID CHOICE. (a) In General.--Notwithstanding any other provision of law, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish a demonstration program (referred to in this Act as the ``demonstration program'') under which Medicare and Medicaid eligible beneficiaries (as defined in section 4) are provided-- (1) the option of purchasing qualifying health benefits coverage; and (2) access to a debit style card (referred to in this Act as a ``Medi-Choice card'') for the purpose of purchasing health benefits coverage in accordance with the demonstration program and for paying certain other out-of-pocket health care expenditures. (b) Qualifying Health Benefits Coverage.--In this Act, the term ``qualifying health benefits coverage'' means health benefits coverage that meets the following requirements: (1) Benefits coverage.--In the case of-- (A) a dual eligible beneficiary, the coverage provides benefits that are at least as comprehensive as the benefits provided, as of the date of the enactment of this Act, under parts A, B, and D of title XVIII of the Social Security Act and under the State Medicaid plan under title XIX of such Act in California; (B) a Medicare eligible beneficiary who is not a dual eligible beneficiary, the coverage provides benefits that are at least as comprehensive as the benefits provided, as of the date of the enactment of this Act, under parts A, B, and D of title XVIII of the Social Security Act; and (C) a Medicaid eligible beneficiary who is not a dual eligible beneficiary, the coverage provides benefits that are at least as comprehensive as the benefits provided, as of the date of the enactment of this Act, under the State Medicaid plan under title XIX of the Social Security Act in California. (2) Guarantee issue; no preexisting condition exclusions.-- The coverage is offered and available under the demonstration program on a guaranteed issue basis without regard to health status and does not apply any preexisting condition exclusion (as defined in section 2701(b)(1)(A) of the Public Health Service Act). (3) Community rating.--Premiums for the coverage are uniform and do not vary by age, health status, geographic area, or other characteristics of the enrolled individual. SEC. 3. MEDI-CHOICE CARD. (a) Provision.--The Secretary shall enter into a contract with a major credit card provider or financial institution for the purpose of issuing Medi-Choice cards under the demonstration program. (b) Use.-- (1) Toward purchasing qualifying benefits coverage.--Medi- Choice cards shall be used to purchase qualifying health benefits coverage for eligible beneficiaries enrolled in the demonstration program. (2) Toward out of pocket costs.--Amounts remaining on such a card after the application of paragraph (1) may be used-- (A) to pay copayments or deductibles and other cost sharing on behalf of enrolled eligible beneficiaries; and (B) for other qualified medical expenses (as defined in section 223(d)(2) of the Internal Revenue Code of 1986) of such beneficiaries. (3) Unused amount.--Amounts on a Medi-Choice card not otherwise used under this paragraph shall remain available under the card until expended by or on behalf of an enrolled eligible beneficiary during the period of participation in the demonstration program. SEC. 4. ELIGIBLE BENEFICIARIES. (a) In General.--In this Act, the term ``eligible beneficiary'' means an individual-- (1) who is a legal permanent resident of the United States residing within the area covered by the demonstration program; and (2)(A) who is eligible for medical assistance for full benefits under the State plan under title XIX of the Social Security Act for California as of the date of the enactment of this Act; or (B) who is entitled to benefits under part A of title XVIII of the Social Security Act. (b) Exclusion.--The term ``eligible beneficiary'' does not include any individual for a month if the individual, as of the first day of the month is-- (1) enrolled by reason of disability in the program under title XIX of the Social Security Act; (2) entitled to benefits under chapter 55 of title 10, United States Code, including under the TRICARE program (as defined in section 1072(7) of such title); (3) imprisoned under Federal, State, or local authority; or (4) an alien who is not a lawful permanent resident of the United States. (c) References.--In this Act: (1) Medicare eligible beneficiary.--The term ``Medicare eligible beneficiary'' means an eligible beneficiary described in subsection (a)(2)(B). (2) Medicaid eligible beneficiary.--The term ``Medicaid eligible beneficiary'' means an eligible beneficiary described in subsection (a)(2)(A). (3) Dual eligible beneficiary.--The term ``dual eligible beneficiary'' means an eligible beneficiary who is both a Medicare eligible beneficiary and a Medicaid eligible beneficiary. SEC. 5. FUNDING OF MEDI-CHOICE CARDS. (a) Amounts.--Under the demonstration program, subject to the succeeding subsections, the Secretary shall make funds available through the Medi-Choice card as follows: (1) Dual eligible beneficiaries.--For a dual eligible beneficiary the annual amount of the deposit-- (A) for 2012 is equal to the sum of-- (i) the United States average nominal dollar value of medical assistance under title XIX of the Social Security Act; and (ii) the United States average nominal dollar value of the benefits under parts A, B, and D of title XVIII of such Act; (B) for any subsequent year is equal to the annual amount specified in this paragraph for the preceding year increased by the annual inflation adjustment described in subsection (d) for such subsequent year. (2) Other medicaid eligible beneficiaries.--For a Medicaid eligible beneficiary who is not a dual eligible beneficiary, the annual amount of the deposit-- (A) for 2012 is equal to the United States average nominal dollar value of medical assistance under title XIX of the Social Security Act; and (B) for any subsequent year is equal to the annual amount specified in this paragraph for the preceding year increased by the annual inflation adjustment described in subsection (d) for such subsequent year. (3) Other medicare eligible beneficiaries.--For a Medicare eligible beneficiary who is not a dual eligible beneficiary, the annual amount of the deposit shall-- (A) for 2012 be equal to the United States average nominal dollar value of the benefits under parts A, B, and D of title XVIII of the Social Security Act; and (B) for any subsequent year is equal to the annual amount specified in this paragraph for the preceding year increased by the annual inflation adjustment described in subsection (d) for such subsequent year. (4) Rounding.--Any amount computed under paragraph (1)(B), (2)(B), or (3)(B) that is not a multiple of $12 shall be rounded to the nearest multiple of $12. (b) Risk Adjustment.--The payment amounts under subsection (a) for an individual shall be adjusted, using a methodology specified by the Secretary, in a manner that takes into account the relative risk factors (such as those described in section 1853(a)(1)(C)(i) of the Social Security Act) associated with such individual. Such adjustment shall be made in such a manner as not to change the total amount of payments made under this section as a result of such adjustment. (c) Medi-Choice Reductions for Higher-Income Individuals.--In the case of an individual whose modified adjusted gross income (as defined in paragraph (4) of section 1839(i)(4) of the Social Security Act), exceeds the threshold amount specified in paragraph (2) of such section, as adjusted under paragraph (5) of such section, the annual amount under subsection (a)(2) shall be reduced by one percent for each percent of such excess, but not to exceed a reduction of 50 percentage points. (d) Annual Inflation Adjustment.--The annual inflation adjustment under paragraphs (1)(B) and (2)(B) for a year is equal to the average of-- (1) the annual rate of increase in the consumer price index for urban consumers (all items; United States city average) for the year, as projected by the Secretary in consultation with the Bureau of Labor Statistics before the beginning of the year; and (2) the annual rate of increase in the medical care component of the consumer price index for all urban consumers (United States city average) for the year, as projected by the Secretary in consultation with the Bureau of Labor Statistics before the beginning of the year. (e) Monthly Deposits.--Deposits of amounts to Medi-Choice cards under this section shall be credited on a monthly basis and prorated for partial months of program enrollment. SEC. 6. SCOPE OF DEMONSTRATION PROGRAM. (a) Area.--The demonstration program shall be conducted in the counties of Kern, Tulare, Kings, Fresno, Merced, Madera, Stanislaus, and San Joaquin in California. (b) Period of Demonstration Project.-- (1) Duration.--The demonstration program shall be conducted for a period of 10 years. (2) Initial enrollment.--Eligible beneficiaries shall be permitted to enroll in the demonstration program beginning on June 1, 2013. (c) Numerical Limitation.--No more than 100,000 eligible beneficiaries may be enrolled in the demonstration program at any time. SEC. 7. PAYMENT OF COSTS. (a) In General.--The Secretary shall be responsible for the cost of operating the demonstration program, including all amounts deposited onto Medi-Choice cards. The cost of operation of the program insofar as they are attributable (as determined by the Secretary) to-- (1) Medicare eligible beneficiaries and benefits under part A, part B, or part D of title XVIII of the Social Security Act shall be payable from the respective trust fund or account under the respective part, and the amounts in such trust funds or account shall be available to make such payments; or (2) Medicaid eligible beneficiaries and benefits under title XIX of such Act shall be payable from amounts appropriated to carry out such title and the amounts so appropriated shall be available to make such payments. (b) No Duplicate Payments.--Except as provided in section 8(d)(2), no amounts shall be payable under title XVIII or XIX of the Social Security Act for benefits or medical assistance for an eligible beneficiary participating in the demonstration program. SEC. 8. MISCELLANEOUS. (a) Assistance in Enrollment.--The Secretary shall maintain a toll free phone number to assist eligible beneficiaries with enrollment under the demonstration program and shall make information available to eligible beneficiaries in the demonstration area describing the options available, which shall include a comparison of plan costs and benefits. (b) Not Treated as Income.--Amounts paid into a Medi-Choice card shall not be treated as income for purposes of the Internal Revenue Code of 1986 or for purposes of determining eligibility for any Federal program. (c) Premium Obligations.--An individual participating in the demonstration-- (1) is not responsible for payment of any premium otherwise applicable under part B or D of title XVIII or under title XIX of the Social Security Act; but (2) shall use benefits applied to the Medi-Choice card for the purpose of purchasing qualifying health benefits coverage. (d) Relation to Medicaid Benefits.-- (1) In general.--In the case of an individual who participates in the demonstration program, the individual is not entitled to any payment under a State plan under title XIX of the Social Security Act with respect to any benefits relating to items and services for which coverage is provided under this title. (2) Continuation of medical assistance for noncovered items and services.--Nothing in this Act shall affect the continued provision of medical assistance under title XIX of such Act for items and services, such as dental, vision, or long-term care facility services, for which benefits are not provided under this Act regardless of medical necessity.

Choice in Healthcare Act - Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program under which Medicare and Medicaid eligible beneficiaries are given: (1) the option of purchasing qualifying health benefits coverage, and (2) access to a debit style card (Medi-Choice card) for purchasing such coverage under the program and for paying certain other out-of-pocket health care expenditures. Directs the Secretary to contract with a major credit card provider or financial institution for issuing Medi-Choice cards under the program. Limits the demonstration program to specified counties in California and to a period of ten years.

To provide a demonstration project under which Medicare and Medicaid beneficiaries are provided the choice of health benefits coverage and access to a debit style card for the purpose of purchasing qualified health benefits coverage and paying for other health care expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Henry J. Hyde Scholarships for Haiti Act of 2006''. SEC. 2. STATEMENT OF PURPOSE. The purpose of this Act is to establish an undergraduate scholarship program which is designed to bring talented students of limited financial means from Haiti to the United States for study at United States institutions of higher education to-- (1) improve the diversity and quality of educational opportunities for such students; (2) assist the development efforts of Haiti by providing training and educational assistance to persons who can help address the social and economic needs of Haiti; (3) build a well-educated middle-class in Haiti which is capable and willing to provide leadership in the public and private sectors to help sustain the political and economic progress that is sorely needed to confront the daunting challenges of that country; and (4) promote positive and productive relationships between the United States and Haiti. SEC. 3. FINDINGS. Congress finds the following: (1) It is in the national interest of the United States to provide a stable source of financial support to give talented students in Haiti the opportunity to study in the United States in order to improve the range and quality of educational alternatives for these students, further the development of Haiti, and build enduring relationships between the people of the United States and the people of Haiti. (2) Providing scholarship to foreign students to study in the United States has proven to be an effective means of creating strong bonds between the United States and the future leadership of developing countries and assisting those countries to substantially further their development objectives. (3) Talented students from families of limited financial means in Haiti traditionally have few, if any, opportunities to continue their education in their own country and are less likely to pursue higher education in the United States. (4) In 2003, 76 percent of the population in Haiti earned less than the equivalent of $2.00 per day, and 56 percent of the population in the country in the same year earned less than the equivalent of $1.00 per day. (5) In 2003, the literacy rate of individuals in Haiti who are older than 15 years of age was less than 52 percent. The net primary school enrollment rate was 68 percent, as compared to the average of approximately 78 percent for other low income countries, such as Afghanistan and Guinea-Bissau. (6) Women in Haiti are more likely to be adversely affected by the dire economic and social conditions in Haiti. SEC. 4. AUTHORIZATION OF ASSISTANCE. (a) In General.--The President, acting through the Administrator of the United States Agency for International Development, shall provide scholarships (including partial assistance) for undergraduate study at United States institutions of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) by citizens and nationals of Haiti who have completed their secondary education with distinction and who would not otherwise have the opportunity to study in the United States due to financial constraints. (b) Form of Scholarship; Forgiveness of Loan Repayment.--To encourage Haitian students to use their training and education for the benefit of Haiti, each scholarship that is extended under this Act shall be in the form of a loan. All repayment of the loan (including principal and accrued interest) shall be forgiven upon the scholarship recipient's prompt return to Haiti for a period which is at least one year longer than the period spent studying in the United States under the scholarship. (c) Guidelines.--The scholarship program under this Act shall be carried out in accordance with the pertinent guidelines of section 604 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 4704; Public Law 99-93; relating to guidelines for United States scholarship program for developing countries). SEC. 5. SENSE OF CONGRESS REGARDING THE PEACE CORPS. It is the sense of Congress that the President, acting through the Director of the Peace Corps, should, as soon as practicable, make available again to the Government of Haiti qualified Peace Corps volunteers who would serve under hardship conditions to-- (1) assist the people of Haiti to improve literacy rates and meet other basic needs so that they can become economically self-sufficient; and (2) promote mutual understanding between the people of the United States and the people of Haiti. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $2,500,000 for each of fiscal years 2007, 2008, and 2009, for the President, acting through the Administrator for the United States Agency for International Development, to carry out this Act. (b) Additional Authorities.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are-- (1) authorized to remain available until expended; and (2) shall be in addition to funds otherwise available for such purposes. (c) Literacy and Other Basic Education Programs.--Of the amounts authorized to be appropriated to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.; relating to development assistance) for each of fiscal years 2007, 2008, and 2009, and which are not allocated for assistance for countries in Latin America and the Caribbean, not less than $3,000,000 for each such fiscal year is authorized to be made available for assistance for literacy and other basic education programs in Haiti. SEC. 7. GENERAL AUTHORITIES. (a) Public and Private Sector Contributions.--The public and private sectors, particularly the Haitian-American community, in the United States and in Haiti shall be encouraged to contribute to the costs of the scholarship program financed under this Act. To this end, the President, acting through the Administrator for the United Sates Agency for International Development, is strongly encouraged to design a matching program in which contributions made by the public and private sectors of either country are matched by amounts authorized under this Act. Not more than twenty-five percent of the amounts authorized to be appropriated under this Act may be dedicated to such a matching program. (b) Utilization of Returning Scholarship Recipients.--The President, acting through the Administrator for the United States Agency for International Development, shall seek to engage the private sector of Haiti and international private enterprises that are conducting business in Haiti to maximize the opportunities for productive contributions to the development of Haiti by returning scholarship recipients. (c) Delivery of Assistance Through the Cooperative Association of States for Scholarships.--The President, acting through the Administrator for the United States Agency for International Development, is strongly encouraged to carry out the purposes of this Act through existing scholarship programs, such as the Cooperative Association of States for Scholarships program.

Henry J. Hyde Scholarships for Haiti Act of 2006 - Directs the President, acting through the Administrator of the United States Agency for International Development, to provide undergraduate scholarships, in the form of student loans followed by loan forgiveness, to needy Haitian students who, upon completion of their studies in the United States, promptly return to Haiti for a period at least one year longer than the duration of such scholarships. Authorizes appropriations for FY2007-FY2009. Reserves a specified minimum amount of certain authorized development assistance appropriations under the Foreign Assistance Act of 1961 for literacy and basic education programs in Haiti. Expresses the sense of Congress that the President, acting through the Director of the Peace Corps, should make available again to the Government of Haiti qualified Peace Corps volunteers who would serve under hardship conditions to: (1) assist the people of Haiti to improve literacy rates and meet other basic needs so that they can become economically self-sufficient; and (2) promote mutual understanding between the peoples of the United States and of Haiti. Urges the President to: (1) design a program to match scholarship contributions from private and public sectors in either country; (2) seek to engage domestic and international businesses in Haiti to maximize the opportunities of returning scholarship recipients for the development of Haiti; and (3) provide the scholarships through existing scholarship programs, such as the Cooperative Association of States for Scholarships program.

To authorize assistance to the people of the Republic of Haiti to fund scholarships for talented disadvantaged students in Haiti to continue their education in the United States and to return to Haiti to contribute to the development of their country, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Methamphetamine Remediation Research Act of 2005''. SEC. 2. FINDINGS. Congress finds that-- (1) methamphetamine use and production is growing rapidly throughout the United States; (2) some materials and chemical residues remaining from the production of methamphetamine pose novel environmental problems in locations in which methamphetamine laboratories have been closed; (3) there has been little standardization of measures for determining when the site of a former methamphetamine laboratory has been successfully remediated; (4)(A) initial cleanup actions are generally limited to removal of hazardous substances and contaminated materials that pose an immediate threat to public health or the environment; and (B) it is not uncommon for significant levels of contamination to be found throughout residential structures in which methamphetamine has been manufactured, partially because of a lack of knowledge of how to achieve an effective cleanup; (5)(A) data on methamphetamine laboratory-related contaminants of concern are very limited; (B) uniform cleanup standards do not exist; and (C) procedures for sampling and analysis of contaminants need to be researched and developed; and (6) many States are struggling with establishing assessment and remediation guidelines and programs to address the rapidly expanding number of methamphetamine laboratories being closed each year. SEC. 3. VOLUNTARY GUIDELINES. (a) Establishment of Voluntary Guidelines.--Not later than 1 year after the date of enactment of this Act, the Assistant Administrator for Research and Development of the Environmental Protection Agency (referred to in this Act as the ``Assistant Administrator''), in consultation with the National Institute of Standards and Technology, shall establish voluntary guidelines, based on the best available scientific knowledge, for the remediation of former methamphetamine laboratories, including guidelines regarding preliminary site assessment and the remediation of residual contaminants. (b) Considerations.--In developing the voluntary guidelines under subsection (a), the Assistant Administrator shall consider, at a minimum-- (1) relevant standards, guidelines, and requirements found in Federal, State, and local laws (including regulations); (2) the varying types and locations of former methamphetamine laboratories; and (3) the expected cost of carrying out any proposed guidelines. (c) States.-- (1) In general.--The voluntary guidelines should be designed to assist State and local governments in the development and the implementation of legislation and other policies to apply state-of-the-art knowledge and research results to the remediation of former methamphetamine laboratories. (2) Adoption.--The Assistant Administrator shall work with State and local governments and other relevant non-Federal agencies and organizations, including through the conference described in section 5, to promote and encourage the appropriate adoption of the voluntary guidelines. (d) Updating the Guidelines.--The Assistant Administrator shall periodically update the voluntary guidelines as the Assistant Administrator, in consultation with States and other interested parties, determines to be appropriate to incorporate research findings and other new knowledge. SEC. 4. RESEARCH PROGRAM. (a) In General.--The Assistant Administrator shall establish a program of research to support the development and revision of the voluntary guidelines described in section 3. (b) Research.--The research shall-- (1) identify methamphetamine laboratory-related chemicals of concern; (2) assess the types and levels of exposure to chemicals of concern identified under paragraph (1), including routine and accidental exposures, that may present a significant risk of adverse biological effects; (3) identify the research efforts necessary to better address biological effects and to minimize adverse human exposures; (4) evaluate the performance of various methamphetamine laboratory cleanup and remediation techniques; and (5) support other research priorities identified by the Assistant Administrator in consultation with States and other interested parties. SEC. 5. TECHNOLOGY TRANSFER CONFERENCE. (a) Conference.-- (1) In general.--Not later than 180 days after the date of enactment of this Act and at least every third year thereafter, the Assistant Administrator shall convene a conference of appropriate State agencies, individuals, and organizations involved in research and other activities directly relating to the environmental or biological impacts of former methamphetamine laboratories. (2) Forum.--The conference should be a forum for-- (A) the Assistant Administrator to provide information on the guidelines developed under section 3 and on the latest findings from the research program described in section 4; and (B) non-Federal participants to provide information on the problems and needs of States and localities and their experience with guidelines developed under section 3. (b) Report.-- (1) In general.--Not later than 90 days after the date of each conference, the Assistant Administrator shall submit to Congress a report that summarizes the proceedings of the conference, including a summary of any recommendations or concerns raised by the non-Federal participants and how the Assistant Administrator intends to respond to the recommendations or concerns. (2) Public availability.--The Assistant Secretary shall make each report widely available to the general public. SEC. 6. RESIDUAL EFFECTS STUDY. (a) Study.--Not later than 180 days after the date of enactment of this Act, the Assistant Administrator shall offer to enter into an arrangement with the National Academy of Sciences under which the National Academy of Sciences shall conduct a study of the status and quality of research on the residual effects of methamphetamine laboratories. (b) Content.--The study shall identify research gaps and recommend an agenda for the research program described in section 4, with particular attention to the need for research on the impacts of methamphetamine laboratories on-- (1) the residents of buildings in which such laboratories are, or were, located, with particular emphasis given to biological impacts on children; and (2) first responders. (c) Report.--Not later than 90 days after the date of completion of the study, the Assistant Administrator shall submit to Congress a report describing the manner in which the Assistant Administrator will use the results of the study to carry out the activities described in sections 3 and 4. SEC. 7. METHAMPHETAMINE DETECTION RESEARCH AND DEVELOPMENT PROGRAM. The Director of National Institute of Standards and Technology, in consultation with the Assistant Administrator, shall support a research program to develop-- (1) new methamphetamine detection technologies, with emphasis on field test kits and site detection; and (2) appropriate standard reference materials and validation procedures for methamphetamine detection testing. SEC. 8. SAVINGS CLAUSE. Nothing in this Act modifies or otherwise affects the regulatory authority of the Environmental Protection Agency. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Environmental Protection Agency.--There is authorized to be appropriated to the Assistant Administrator to carry out this Act $3,000,000 for each of fiscal years 2006 through 2009. (b) National Institute of Standards and Technology.--There is authorized to be appropriated to the Director of the National Institute of Standards and Technology to carry out this Act $1,500,000 for each of fiscal years 2006 through 2009.

Methamphetamine Remediation Research Act of 2005 - Directs the Assistant Administrator for Research and Development of the Environmental Protection Agency (EPA) to establish: (1) voluntary guidelines, based on the best available scientific knowledge, for the remediation of former methamphetamine laboratories, including guidelines regarding preliminary site assessment and the remediation of residual contaminants; and (2) a program of research to support the development and revision of such guidelines. Directs the Assistant Administrator: (1) every three years, to convene a conference of appropriate state agencies, individuals, and organizations involved in research and other activities directly related to the environmental or biological impacts of former methamphetamine laboratories to be a forum for exchanging information relating to such guidelines; and (2) to enter into an arrangement with the National Academy of Sciences (NAS) for a study of the status and quality of research on the residual effects of methamphetamine laboratories. Requires the Director of the National Institute of Standards and Technology (NIST) to support a research program to develop: (1) new methamphetamine detection technologies, with an emphasis on field test kits and site detection; and (2) appropriate standard reference materials and validation procedures for methamphetamine detection testing.

A bill to provide for a research program for remediation of closed methamphetamine production laboratories, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Theater Missile Defense Improvement Act of 1998''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Development of medium-range ballistic missiles by potential adversaries, such as Iran, has proceeded much more rapidly than previously anticipated by the United States Government. (2) Existence of such missiles in potentially hostile nations constitutes a serious threat to United States forces, allies, and friends in the Middle East and Persian Gulf region and cannot be adequately countered by currently deployed ballistic missile defense systems. (3) It is a matter of high national interest to quickly reduce the vulnerability of United States forces, allies, and friends to these threats. (4) Meaningful and cost effective steps to reduce these vulnerabilities are available and should be pursued expeditiously. SEC. 3. ACCELERATION OF DEPARTMENT OF DEFENSE PROGRAMS TO COUNTER ENHANCED BALLISTIC MISSILE THREAT. Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 1998 for Defense-wide research, development, test, and evaluation in the amount of $147,000,000, to be available as follows: (1) Joint composite tracking network.--$35,000,000 to be available for the Joint Composite Tracking Network program. (2) Patriot remote launch capability.--$15,000,000 to be available to accelerate development of the remote launch capability for the Patriot Advanced Capability (PAC-3) missile defense system. (3) PAC-3 and navy area defense tests.--$40,000,000 to be available to test the capabilities of the Patriot Advanced Capability (PAC-3) missile defense system, and to test the capabilities of the Navy Area Defense System, against missiles with the range of the Iranian ballistic missiles under development. (4) Early warning enhancement.--$6,000,000 to be available for improved integration of the various elements of the SHIELD system. (5) PAC-3 production rate enhancements.--$41,000,000 to be available for production rate enhancements for the Patriot Advanced Capability (PAC-3) missile defense system. (6) Israeli arrow missile defense system.--$10,000,000 to be available to improve interoperability of the Israeli Arrow tactical ballistic missile defense system with United States theater missile defense systems. SEC. 4. IDENTIFICATION OF OTHER POSSIBLE ACTIONS. (a) Identification.--The Secretary of Defense shall identify actions in addition to those authorized by section 3 that could be taken by the Department of Defense to counter the threats posed to the United States and its national security interests by the development or acquisition of medium-range ballistic missiles by Iran and other nations. (b) Specific Actions To Be Taken.--The Secretary specifically shall explore-- (1) additional cooperative measures between the Department of Defense and the Ministry of Defense of Israel to further enhance Israel's ability to defend itself against the threat posed by ballistic missiles deployed by Iran and other nations; and (2) actions within the existing Navy Theater Wide Missile Defense System program that could provide additional capabilities useful to addressing the threat posed by medium- range ballistic missiles within one to two years. (c) Intergovernmental Coordination.--The Secretary shall undertake appropriate intergovernmental and interagency coordination that would be necessary to the conduct of any of the actions identified pursuant to subsection (a). SEC. 5. REPORT TO CONGRESS. Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report providing-- (1) a description of the Secretary's plans for use of funds appropriated pursuant to the authorizations of appropriations in this Act; and (2) a description of possible additional actions identified by the Secretary pursuant to section 4(a) and the steps taken or planned (as of the time of the report) to carry out section 4(c). SEC. 6. OFFSETTING REDUCTIONS IN AUTHORIZATIONS. The total amount authorized in section 201 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85) to be appropriated for fiscal year 1998 for research, development, test, and evaluation for the Department of Defense is hereby reduced by $147,000,000, of which-- (1) $126,000,000 is to be derived from savings from the use of advisory and assistance services by the Department of Defense in accordance with section 8041 of the Department of Defense Appropriations Act, 1998 (Public Law 105-56; 111 Stat. 1230); and (2) $21,000,000 is to be derived from savings from the use by the Department of Defense of defense federally funded research and development centers in accordance with section 8035 of the Department of Defense Appropriations Act, 1998 (Public Law 105-56; 111 Stat. 1227). Passed the House of Representatives March 30, 1998. Attest: ROBIN H. CARLE, Clerk.

Theater Missile Defense Improvement Act of 1998 - Authorizes appropriations for the Department of Defense (DOD) for FY 1998 for defense-wide research, development, test, and evaluation (RDT&E), as specified, for: (1) the Joint Composite Tracking Network program; (2) testing, development of the remote launch capability, and production rate enhancements of the Patriot Advanced Capability (PAC-3) missile defense system; (3) Navy Area Defense System testing; (4) SHIELD system element integration; and (5) Israeli Arrow tactical ballistic missile defense system integration with U.S. theater missile defense systems. Directs the Secretary of Defense to identify other actions that could be taken to counter threats posed by the development or acquisition by Iran or other nations of medium-range ballistic missiles. Requires the Secretary to report to the Congress on the use of such funds and additional actions taken under this Act. Provides an offsetting reduction in amounts provided under the National Defense Authorization Act for Fiscal Year 1998 for DOD RDT&E, to be achieved through savings from the DOD use of: (1) advisory and assistance services; and (2) defense federally funded research and development centers.

Theater Missile Defense Improvement Act of 1998

SECTION 1. AUTHORIZATION OF STUDY. (a) Definitions.--For the purposes of this section: (1) Golden Spike Rail Study.--The term ``Golden Spike Rail Study'' means the Golden Spike Rail Feasibility Study, Reconnaissance Survey, Ogden, Utah to Golden Spike National Historic Site'', National Park Service, 1993. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Study Area.--The term ``Study Area'' means the Golden Spike/Crossroads of the West National Heritage Area Study Area, the boundaries of which are described in subsection (d). (b) In General.--The Secretary shall conduct a study of the Study Area which includes analysis and documentation necessary to determine whether the Study Area-- (1) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities; (2) reflects traditions, customs, beliefs, and folk-life that are a valuable part of the national story; (3) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features; (4) provides outstanding recreational and educational opportunities; (5) contains resources important to the identified theme or themes of the Study Area that retain a degree of integrity capable of supporting interpretation; (6) includes residents, business interests, nonprofit organizations, and local and State governments who have demonstrated support for the concept of a National Heritage Area; and (7) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a National Heritage Area consistent with continued local and State economic activity. (c) Consultation.--In conducting the study, the Secretary shall-- (1) consult with the State Historic Preservation Officer, State Historical Society, and other appropriate organizations; and (2) use previously completed materials, including the Golden Spike Rail Study. (d) Boundaries of Study Area.--The Study Area shall be comprised of sites relating to completion of the first transcontinental railroad in the State of Utah, concentrating on those areas identified on the map included in the Golden Spike Rail Study. (e) Report.--Not later than 3 fiscal years after funds are first made available to carry out this section, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings and conclusions of the study and recommendations based upon those findings and conclusions. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the provisions of this section. SEC. 2. CROSSROADS OF THE WEST HISTORIC DISTRICT. (a) Purposes.--The purposes of this section are-- (1) to preserve and interpret, for the educational and inspirational benefit of the public, the contribution to our national heritage of certain historic and cultural lands and edifices of the Crossroads of the West Historic District; and (2) to enhance cultural and compatible economic redevelopment within the District. (b) Definitions.--For the purposes of this section: (1) District.--The term ``District'' means the Crossroads of the West Historic District established by subsection (c). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Historic infrastructure.--The term ``historic infrastructure'' means the District's historic buildings and any other structure that the Secretary determines to be eligible for listing on the National Register of Historic Places. (c) Crossroads of the West Historic District.-- (1) Establishment.--There is established the Crossroads of the West Historic District in the city of Ogden, Utah. (2) Boundaries.--The boundaries of the District shall be the boundaries depicted on the map entitled ``Crossroads of the West Historic District'', numbered OGGO-20,000, and dated March 22, 2000. The map shall be on file and available for public inspection in the appropriate offices of the Department of the Interior. (d) Development Plan.--The Secretary may make grants and enter into cooperative agreements with the State of Utah, local governments, and nonprofit entities under which the Secretary agrees to pay not more than 50 percent of the costs of-- (1) preparation of a plan for the development of historic, architectural, natural, cultural, and interpretive resources within the District; (2) implementation of projects approved by the Secretary under the development plan described in paragraph (1); and (3) an analysis assessing measures that could be taken to encourage economic development and revitalization within the District in a manner consistent with the District's historic character. (e) Restoration, Preservation, and Interpretation of Properties.-- (1) Cooperative agreements.--The Secretary may enter into cooperative agreements with the State of Utah, local governments, and nonprofit entities owning property within the District under which the Secretary may-- (A) pay not more than 50 percent of the cost of restoring, repairing, rehabilitating, and improving historic infrastructure within the District; (B) provide technical assistance with respect to the preservation and interpretation of properties within the District; and (C) mark and provide interpretation of properties within the District. (2) Non-federal contributions.--When determining the cost of restoring, repairing, rehabilitating, and improving historic infrastructure within the District for the purposes of paragraph (1)(A), the Secretary may consider any donation of property, services, or goods from a non-Federal source as a contribution of funds from a non-Federal source. (3) Provisions.--A cooperative agreement under paragraph (1) shall provide that-- (A) the Secretary shall have the right of access at reasonable times to public portions of the property for interpretive and other purposes; (B) no change or alteration may be made in the property except with the agreement of the property owner, the Secretary, and any Federal agency that may have regulatory jurisdiction over the property; and (C) any construction grant made under this section shall be subject to an agreement that provides-- (I) that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this section shall result in a right of the United States to compensation from the beneficiary of the grant; and (II) for a schedule for such compensation based on the level of Federal investment and the anticipated useful life of the project. (4) Applications.-- (A) In general.--A property owner that desires to enter into a cooperative agreement under paragraph (1) shall submit to the Secretary an application describing how the project proposed to be funded will further the purposes of the management plan developed for the District. (B) Consideration.--In making such funds available under this subsection, the Secretary shall give consideration to projects that provide a greater leverage of Federal funds. (f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section not more than $1,000,000 for any fiscal year and not more than $5,000,000 total. Passed the House of Representatives May 2, 2000. Attest: JEFF TRANDAHL, Clerk.

Establishes in the city of Ogden, Utah, the Crossroads of the West Historic District. Authorizes the Secretary to make grants and enter into cooperative agreements with the State of Utah, local governments, and nonprofit entities under which the Secretary agrees to pay not more than 50 percent of the costs of: (1) a plan for the development of historic, architectural, natural, cultural, and interpretive resources within the District; (2) implementation of projects approved under the development plan; and (3) an analysis of measures that could be taken to encourage economic development and revitalization within the District in a manner consistent with the District's historic character. Authorizes the Secretary to enter into cooperative agreements to pay up to 50 percent of the costs of the restoration, preservation, and interpretation of properties within the District, together with appropriate technical assistance. Authorizes appropriations.

To direct the Secretary of the Interior to conduct a study of the Golden Spike/Crossroads of the West National Heritage Area Study Area and to establish the Crossroads of the West Historic District in the State of Utah.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Pension Parity Act of 1994''. SEC. 2. EXCLUSION FOR CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC RETIREMENT SYSTEMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from income) is amended by redesignating section 136 as section 137 and by inserting after section 135 the following new section: ``SEC. 136. CERTAIN PENSIONS AND ANNUITIES UNDER PUBLIC RETIREMENT SYSTEMS. ``(a) General Rule.--Gross income does not include any amount (otherwise includable in gross income) received by an individual as a qualified governmental pension. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount excluded under subsection (a) for the taxable year shall not exceed-- ``(A) the maximum excludable social security benefits of the taxpayer for such year, reduced by ``(B) the social security benefits (within the meaning of section 86(d)) received by the taxpayer during such year which were excluded from gross income. ``(2) Service requirement.--Subsection (a) shall not apply to any qualified governmental pension received by the taxpayer during the taxable year unless the taxpayer (or the spouse or former spouse of the taxpayer) performed the service giving rise to such pension. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified governmental pension.--The term `qualified governmental pension' means any pension or annuity received under a public retirement system to the extent such pension or annuity is not attributable to service-- ``(A) which constitutes employment for purposes of chapter 21 (relating to the Federal Insurance Contributions Act), or ``(B) which is covered by an agreement made pursuant to section 218 of the Social Security Act. ``(2) Maximum excludable social security benefits.--The term `maximum excludable social security benefits' means an amount equal to so much of the applicable maximum benefit amount for the taxpayer for the taxable year which would be excluded from gross income if such benefit amount were treated as social security benefits (within the meaning of section 86(d)) received during the taxable year. ``(3) Applicable maximum benefit amount.--The term `applicable maximum benefit amount' means-- ``(A) in the case of an unmarried individual, the maximum individual social security benefit,' ``(B) in the case of a joint return, 150 percent of the maximum individual social security benefit, or ``(C) in the case of a married individual filing a separate return, 75 percent of the maximum individual social security benefit. For purposes of the preceding sentence, marital status shall be determined under section 7703. ``(4) Maximum individual social security benefit.-- ``(A) In general.--The term `maximum individual social security benefit' means, with respect to any taxable year, the maximum total amount (as certified by the Secretary of Health and Human Services to the Secretary) which could be paid for all months in the calendar year ending in the taxable year as old-age insurance benefits under section 202(a) of the Social Security Act (without regard to any reduction, deduction, or offset under section 202(k) or section 203 of such Act) to any individual who attained age 65, and filed application for such benefits, on the first day of such calendar year. ``(B) Part years.--In the case of an individual who receives a qualified governmental pension with respect to a period of less than a full taxable year, the maximum individual social security benefit for such individual for such year shall be reduced as provided in regulations prescribed by the Secretary to properly correspond to such period. ``(5) Public retirement system.--The term `public retirement system' means any pension, annuity, retirement, or similar fund or system established by the United States, a State, a possession of the United States, any political subdivision of any of the foregoing, or the District of Columbia.'' (b) Technical Amendment.--Subparagraph (A) of section 86(b)(2) of such Code (defining modified adjusted gross income) is amended by inserting ``136'' before ``911''. (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code (relating to items specifically excluded from income) is amended by redesignating the item relating to section 136 as section 137 and by inserting after the item relating to section 135 the following new item: ``Sec. 136. Certain pensions and annuities under public retirement systems.'' (d) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act.

Public Pension Parity Act of 1994 - Amends the Internal Revenue Code to provide an exclusion from gross income for that portion of a governmental pension which does not exceed the maximum benefits payable under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act which could have been excluded from income for the taxable year.

Public Pension Parity Act of 1994

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Medicare Medical Nutrition Therapy Act of 1999''. (b) Findings.--Congress finds as follows: (1) Medical nutrition therapy is a medically necessary and cost-effective way of treating and controlling many diseases and medical conditions affecting the elderly, including HIV, AIDS, cancer, kidney disease, diabetes, heart disease, pressure ulcers, severe burns, and surgical wounds. (2) Medical nutrition therapy saves health care costs by speeding recovery and reducing the incidence of complications, resulting in fewer hospitalizations, shorter hospital stays, and reduced drug, surgery, and treatment needs. (3) A study conducted by The Lewin Group shows that, after the third year of coverage, savings would be greater than costs for coverage of medical nutrition therapy for all medicare beneficiaries, with savings projected to grow steadily in following years. (4) The Agency for Health Care Policy and Research has indicated in its practice guidelines that nutrition is key to both the prevention and the treatment of pressure ulcers (also called bed sores) which annually cost the health care system an estimated $1,300,000,000 for treatment. (5) Almost 17,000,000 patients each year are treated for illnesses or injuries that stem from or place them at risk of malnutrition. (6) Because medical nutrition therapy is not covered under part B of the medicare program and because more and more health care is delivered on an outpatient basis, many patients are denied access to the effective, low-tech treatment they need, resulting in an increased incidence of complications and a need for higher cost treatments. SEC. 2. MEDICARE COVERAGE OF MEDICAL NUTRITION THERAPY SERVICES. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (S); (2) by striking the period at the end of subparagraph (T) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(U) medical nutrition therapy services (as defined in subsection (uu)(1));''. (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Medical Nutrition Therapy Services; Registered Dietitian or Nutrition Professional ``(uu)(1) The term `medical nutrition therapy services' means nutritional diagnostic, therapy, and counseling services for the purpose of disease management which are furnished by a registered dietitian or nutrition professional (as defined in paragraph (2)) pursuant to a referral by a physician (as defined in subsection (r)(1)). ``(2) Subject to paragraph (3), the term `registered dietitian or nutrition professional' means an individual who-- ``(A) holds a baccalaureate or higher degree granted by a regionally accredited college or university in the United States (or an equivalent foreign degree) with completion of the academic requirements of a program in nutrition or dietetics, as accredited by an appropriate national accreditation organization recognized by the Secretary for this purpose; ``(B) has completed at least 900 hours of supervised dietetics practice under the supervision of a registered dietitian or nutrition professional; and ``(C)(i) is licensed or certified as a dietitian or nutrition professional by the State in which the services are performed, or ``(ii) in the case of an individual in a State that does not provide for such licensure or certification, meets such other criteria as the Secretary establishes. ``(3) Subparagraphs (A) and (B) of paragraph (2) shall not apply in the case of an individual who, as of the date of enactment of this subsection, is licensed or certified as a dietitian or nutrition professional by the State in which medical nutrition therapy services are performed.''. (c) Payment.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (1) by striking ``and'' before ``(S)'', and (2) by inserting before the semicolon at the end the following: ``, and (T) with respect to medical nutrition therapy services (as defined in section 1861(uu)), the amount paid shall be 80 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule established under section 1848(b) for the same services if furnished by a physician''. (d) Effective Date.--The amendments made by this section apply to services furnished on or after January 1, 2000.

Medicare Medical Nutrition Therapy Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of medical nutrition therapy services of registered dietitians and nutrition professionals.

Medicare Medical Nutrition Therapy Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethics in Foreign Lobbying Act of 1995''. SEC. 2. PROHIBITION OF CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE POLITICAL COMMITTEES OR SEPARATE SEGREGATED FUNDS SPONSORED BY FOREIGN-CONTROLLED CORPORATIONS AND ASSOCIATIONS. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 441 et seq.) is amended by adding at the end the following new section: ``prohibition of contributions and expenditures by multicandidate political committees sponsored by foreign-controlled corporations and associations ``Sec. 324. (a) Notwithstanding any other provision of law-- ``(1) no multicandidate political committee or separate segregated fund of a foreign-controlled corporation may make any contribution or expenditure with respect to an election for Federal office; and ``(2) no multicandidate political committee or separate segregated fund of a trade organization, membership organization, cooperative, or corporation without capital stock may make any contribution or expenditure with respect to an election for Federal office if 50 percent or more of the operating fund of the trade organization, membership organization, cooperative, or corporation without capital stock is supplied by foreign-controlled corporations or foreign nationals. ``(b) The Commission shall-- ``(1) require each multicandidate political committee or separate segregated fund of a corporation to include in the statement of organization of the multicandidate political committee or separate segregated fund a statement (to be updated annually and at any time when the percentage goes above or below 50 percent) of the percentage of ownership interest in the corporation that is controlled by persons other than citizens or nationals of the United States; ``(2) require each trade association, membership organization, cooperative, or corporation without capital stock to include in its statement of organization of the multicandidate political committee or separate segregated fund (and update annually) the percentage of its operating fund that is derived from foreign-owned corporations and foreign nationals; and ``(3) take such action as may be necessary to enforce subsection (a). ``(c) The Commission shall maintain a list of the identity of the multicandidate political committees or separate segregated funds that file reports under subsection (b), including a statement of the amounts and percentage reported by such multicandidate political committees or separate segregated funds. ``(d) As used in this section-- ``(1) the term `foreign-owned corporation' means a corporation at least 50 percent of the ownership interest of which is controlled by persons other than citizens or nationals of the United States; ``(2) the term `multicandidate political committee' has the meaning given that term in section 315(a)(4); ``(3) the term `separate segregated fund' means a separate segregated fund referred to in section 316(b)(2)(C); and ``(4) the term `foreign national' has the meaning given that term in section 319.''. SEC. 3. PROHIBITION OF CERTAIN ELECTION-RELATED ACTIVITIES OF FOREIGN NATIONALS. Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) is amended by adding at the end the following new subsection: ``(c) A foreign national shall not direct, dictate, control, or directly or indirectly participate in the decisionmaking process of any person, such as a corporation, labor organization, or political committee, with regard to such person's Federal or non-Federal election-related activities, such as decisions concerning the making of contributions or expenditures in connection with elections for any local, State, or Federal office or decisions concerning the administration of a political committee.''. SEC. 4. ESTABLISHMENT OF A CLEARINGHOUSE OF POLITICAL ACTIVITIES INFORMATION WITHIN THE FEDERAL ELECTION COMMISSION. (a) There shall be established within the Federal Election Commission a clearinghouse of existing public information regarding the political activities of foreign principals and foreign agents (as defined by the Foreign Agents Registration Act of 1938, as amended). The information comprising this clearinghouse shall include and be solely limited to the following: (1) Existing publicly disclosed registrations and quarterly reports required by the Federal Regulation of Lobbying Act (2 U.S.C. 261-270). (2) Existing publicly disclosed registrations and quarterly reports required by the Foreign Agents Registration Act, as amended (22 U.S.C. 611-621). (3) The catalogue of public hearings, hearings witnesses and witness affiliations as printed in the Congressional Record. (4) Existing public information disclosed pursuant to House and Senate rules regarding honoraria, the receipt of gifts, travel, earned and unearned income, post-congressional employment, and conflict of interest regulations. (5) Existing public information disclosed pursuant to the requirements of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.). (b) Notwithstanding any other provision of law, the disclosure by the clearinghouse of any information other than that set forth in subsection (a) shall be prohibited except by Act of Congress. (c) A Director shall administer and manage the responsibilities and all activities of the clearinghouse. (d) The Director shall be appointed by the Federal Election Commission. (e) The Director shall serve a single term not to exceed 5 years. (f) There shall be authorized such sums as necessary to conduct activities of the clearinghouse. SEC. 5. DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF THE CLEARINGHOUSE. (a) In General.--It shall be the duty of the Director-- (1) to develop a filing, coding, and cross-indexing system to carry out the purposes of this Act (which shall include an index of all persons identified in the reports, registrations, and other existing public disclosures filed under this Act); (2) notwithstanding any other provision of law, to make copies of registrations, reports and public disclosures filed with him under this Act available for public inspection and copying, commencing as soon as practicable, and to permit copying of any such registration or report by hand or by copying machine or, at the request of any person, to furnish a copy of any such registration or report upon payment of the cost of making and furnishing such copy; but no information contained in such registration or report shall be sold or utilized by any person for the purpose of soliciting contributions or for any profit-making purpose; (3) to compile and summarize, for each calendar quarter, the information contained in such registrations, reports, and other existing public disclosures required by this Act in a manner which facilitates the disclosure of political activities, including, but not limited to, information on-- (A) political activities pertaining to issues before the Congress and issues before the executive branch; and (B) the political activities of individuals, organizations, foreign principals, and foreign agents who share an economic, business, or other common interest; (4) to make the information compiled and summarized under paragraph (3) available to the public within 30 days after the close of each quarterly period, and to publish such information in the Federal Register at the earliest practicable opportunity; (5) not later than 150 days after the date of the enactment of this Act and at any time thereafter, to prescribe, in consultation with the Comptroller General of the United States, rules, regulations, and forms, in conformity with the provisions of chapter 5 of title 5, United States Code, as are necessary to carry out the provisions of this Act in the most effective and efficient manner; (6) at the request of any Member of the Senate or the House of Representatives, to prepare and submit to such Member a special study or report relating to the political activities of any person, such report to consist solely of the information in the registrations, reports, and other publicly disclosed information required in this Act; (7) to require the accurate, timely, and complete transfer of information required under section 1 of this Act to the clearinghouse; and (8) to refer to the Comptroller General for investigation any instances where registrations, reports, and political information required in section 1 of this Act are not forwarded to the clearinghouse in an accurate, timely, and complete fashion. (b) Definitions.--As used in this section-- (1) the term ``issue before the Congress'' means the total of all matters, both substantive and procedural, relating to (A) any pending or proposed bill, resolution, report, nomination, treaty, hearing, investigation, or other similar matter in either the Senate or the House of Representatives or any committee or office of the Congress, or (B) any action or proposed action by a Member, officer, or employee of the Congress to affect, or attempt to affect, any action or proposed action by any officer or employee of the executive branch; and (2) the term ``issue before the executive branch'' means the total of all matters, both substantive and procedural, relating to any action or possible action by any executive agency, or by any officer or employee of the executive branch, concerning (A) any pending or proposed rule, rule of practice, adjudication, regulation, determination, hearing, investigation, contract, grant, license, negotiation, or the appointment of officers and employees, other than appointments in the competitive service, or (B) any issue before the Congress. SEC. 6. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT OF 1938, AS AMENDED. (a) Section 2(b) of the Foreign Agents Registration Act of 1938, as amended, is amended in the first sentence by striking out ``, within thirty days'' and all that follows through ``preceding six months' period'' and inserting in lieu thereof ``on January 31, April 30, July 31, and October 31 of each year, file with the Attorney General a supplement thereto on a form prescribed by the Attorney General, which shall set forth regarding the three-month periods ending the previous December 31, March 31, June 30, and September 30, respectively, or if a lesser period, the period since the initial filing,''. (b) Section 3(g) of the Foreign Agents Registration Act of 1938, as amended, is amended by inserting after ``whether formal or informal.'' the following: ``Notwithstanding any other provision of law, persons covered by this subsection shall be exempt only upon filing with the Attorney General an affirmative request for exemption.''. (c) Section 8 of the Foreign Agents Registration Act of 1938, as amended, is amended by adding at the end thereof the following: ``(i)(1) Any person who is determined, after notice and opportunity for an administrative hearing-- ``(A) to have failed to file a registration statement under section 2(a) or a supplement thereto under section 2(b), ``(B) to have omitted a material fact required to be stated therein, or ``(C) to have made a false statement with respect to such a material fact, shall be required to pay a civil penalty in an amount not less than $2,000 or more than $5,000 for each violation committed. In determining the amount of the penalty, the Attorney General shall give due consideration to the nature and duration of the violation. ``(2)(A) In conducting investigations and hearings under paragraph (1), administrative law judges may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing. ``(B) In the case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and, upon application by the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as contempt thereof.''.

Ethics in Foreign Lobbying Act of 1995 - Amends the Federal Election Campaign Act of 1971 to prohibit contributions and expenditures in Federal elections by multicandidate political committees or separate segregated funds sponsored by foreign-controlled (at least 50 percent owned by a non-U.S. citizen or foreign national) corporations and associations. Sets forth ownership and operating fund reporting requirements. Prohibits a foreign national from participating in the decision-making process of any person's (such as a corporation, labor organization, or political committee) election-related activities. Establishes within the Federal Election Commission a clearinghouse of existing public information regarding foreign principals' and agents' political activities. Amends the Foreign Agents Registration Act of 1938, as amended, to: (1) revise foreign agents' supplemental reporting requirements; and (2) provide civil penalties for specified reporting violations.

Ethics in Foreign Lobbying Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Ireland Fair Employment Practices Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Overall unemployment in Northern Ireland exceeds 14 percent. (2) Unemployment in some neighborhoods of Northern Ireland comprised of religious minorities has exceeded 70 percent. (3) The British Government Fair Employment Commission (F.E.C.), formerly the Fair Employment Agency (F.E.A.), has consistently reported that a member of the minority community is two and one-half times more likely to be unemployed than a member of the majority community. (4) The Industrial Development Organization for Northern Ireland lists twenty-five firms in Northern Ireland which are controlled by United States persons. (5) The Investor Responsibility Research Center (IRRC), Washington, District of Columbia, lists forty-nine publicly held and nine privately held United States companies doing business in Northern Ireland. (6) The religious minority population of Northern Ireland is frequently subject to discriminatory hiring practices by United States businesses which have resulted in a disproportionate number of minority individuals holding menial and low-paying jobs. (7) The MacBride Principles are a nine point set of guidelines for fair employment in Northern Ireland which establishes a corporate code of conduct to promote equal access to regional employment but does not require disinvestment, quotas, or reverse discrimination. SEC. 3. RESTRICTION ON IMPORTS. An article from Northern Ireland may not be entered, or withdrawn from warehouse for consumption, in the customs territory of the United States unless there is presented at the time of entry to the customs officer concerned documentation indicating that the enterprise which manufactured or assembled such article was in compliance at the time of manufacture with the principles described in section 5. SEC. 4. COMPLIANCE WITH FAIR EMPLOYMENT PRINCIPLES. (a) Compliance.--Any United States person who-- (1) has a branch or office in Northern Ireland, or (2) controls a corporation, partnership, or other enterprise in Northern Ireland, in which more than twenty people are employed shall take the necessasry steps to insure that, in operating such branch, office, corporation, partnership, or enterprise, those principles relating to employment practices set forth in section 5 are implemented and this Act is complied with. (b) Report.--Each United States person referred to in subsection (a) shall submit to the Secretary-- (1) a detailed and fully documented annual report, signed under oath, on showing compliance with the provisions of this Act; and (2) such other information as the Secretary determines is necessary. SEC. 5. MACBRIDE PRINCIPLES. The principles referred to in section 4, which are based on the MacBride Principles, are as follows: (1) Eliminating religious discrimination in managerial, supervisory, administrative, clerical, and technical jobs and significantly increasing the representation in such jobs of individuals from underrepresented religious groups. (2) Providing adequate security for the protection of minority employees at the workplace. (3) Banning provocative sectarian and political emblems from the workplace. (4) Advertising publicly all job openings and undertaking special recruitment efforts to attract applicants from underrepresented religious groups. (5) Establishing layoff, recall, and termination procedures which do not favor particular religious groupings. (6) Providing equal employment for all employees, including implementing equal and nondiscriminatory terms and conditions of employment for all employees, and abolishing job reservations, apprenticeship restrictions, and differential employment criteria, which discriminate on the basis of religion or ethnic origin. (7) Developing training programs that will prepare substantial numbers of minority employees for managerial, supervisory, administrative, clerical, and technical jobs, including-- (A) expanding existing programs and forming new programs to train, upgrade, and improve the skills of all categories of minority employees; (B) creating on-the-job training programs and facilities to assist minority employees to advance to higher paying jobs requiring greater skills; and (C) establishing and expanding programs to enable minority employees to further their education and skills at recognized education facilities. (8) Establishing procedures to assess, identify, and actively recruit minority individuals with potential for further advancement, and identifying those minority individuals who have high management potential and enrolling them in accelerated management programs. (9) Appointing a senior management staff member to oversee the United States person's compliance with the principles described in this section. SEC. 6. WAIVER OF PROVISIONS. (a) Waiver of Provisions.--In any case in which the President determines that compliance by a United States person with the provisions of this Act would harm the national security of the United States, the President may waive those provisions with respect to that United States person. The President shall publish in the Federal register each waiver granted under this section and shall submit to the Congress a justification for granting each such waiver. Any such waiver shall become effective at the end of ninety days after the date on which the justification is submitted to the Congress unless the Congress, within that ninety-day period, adopts a joint resolution disapproving the waiver. In the computation of such ninety-day period, there shall be excluded the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain or because of an adjournment of the Congress sine die. (b) Consideration of Resolutions.-- (1) Any resolution described in subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. (2) For the purpose of expediting the consideration and adoption of a resolution under subsection (a) in the House of Representatives, a motion to proceed to the consideration of such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. SEC. 7. DEFINITIONS AND PRESUMPTIONS. (a) Definitions.--For the purpose of this Act-- (1) the term ``United States person'' means any United States resident or national and any domestic concern (including any permanent domestic establishment of any foreign concern); (2) the term ``Secretary'' means the Secretary of Commerce; and (3) the term ``Northern Ireland'' includes the counties of Antrim, Armagh, Londonderry, Down, Tyrone, and Fermanagh. (b) Presumption.--A United States person shall be presumed to control a corporation, partnership, or other enterprise in Northern Ireland if-- (1) the United States person beneficially owns or controls (whether directly or indirectly) more than 50 percent of the outstanding voting securities of the corporation, partnership, or enterprise; (2) the United States person beneficially owns or controls (whether directly or indirectly) 25 percent or more of the voting securities of the corporation, partnership, or enterprise, if no other person owns or controls (whether directly or indirectly) an equal or larger percentage; (3) the corporation, partnership, or enterprise is operated by the United States person pursuant to the provisions of an exclusive management contract; (4) a majority of the members of the board of directors of the corporation, partnership, or enterprise are also members of the comparable governing body of the United States person; (5) the United States person has authority to appoint the majority of the members of the board of directors of the corporation, partnership, or enterprise; or (6) the United States person has authority to appoint the chief operating officer of the corporation, partnership, or enterprise. SEC. 8. EFFECTIVE DATE. This Act shall take effect six months after the date of enactment of this Act.

Northern Ireland Fair Employment Practices Act - Prohibits an article from being imported into the United States from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article complied at the time of manufacture with certain fair employment principles (such as freedom from religious discrimination). Bases such principles on the MacBride Principles, a nine point set of guidelines for fair employment in Northern Ireland. Requires any U.S. person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than 20 people are employed to insure implementation of such employment principles and compliance with this Act. Authorizes the President to waive the requirements of this Act in the interest of national security.

Northern Ireland Fair Employment Practices Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airport Noise Curfew Act of 2004''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Airport Noise Curfew Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall study and make recommendations to Congress regarding the establishment of curfews on nonmilitary aircraft operations over populated areas of the United States during normal sleeping hours. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 9 members as follows: (1) 4 members appointed by the Speaker of the House of Representatives. (2) 3 members appointed by the President pro tempore of the Senate. (3) The Administrator of the Environmental Protection Agency (or the Administrator's designee). (4) The Administrator of the Federal Aviation Administration (or the Administrator's designee). (b) Qualifications.--One of the members appointed under each of subsections (a)(1) and (a)(2) shall be a representative of the aviation industry. The other members appointed under such subsections shall be private citizens not involved in the aviation industry. (c) Chairperson.--The Chairperson of the Commission shall be elected by the members from among the members appointed under subsections (a)(1) and (a)(2) who are private citizens not involved in the aviation industry. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Basic Pay.-- (1) Rates of pay.--To the extent or in the amounts provided in advance in appropriation Acts and except as provided in paragraph (2), members of the Commission shall each be entitled to receive the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 5. STAFF OF COMMISSION. (a) Staff.--Subject to rules prescribed by the Commission, the Chairperson may appoint and fix the pay of such personnel as the Chairperson considers appropriate. (b) Applicability of Certain Civil Service Laws.--The 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. (c) Experts and Consultants.--Subject to rules prescribed by the Commission, the Chairperson may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule. (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out its duties and functions under this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this Act. (c) Obtaining Official Data.--The Commission may secure directly from any Federal department or agency information necessary to enable it to carry out its duties and functions. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies. (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. (f) Subpoena Power.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is empowered to investigate by this Act. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. SEC. 7. REPORT. Not later than 6 months after the date of enactment of this Act, the Commission shall transmit to Congress a report on its findings and recommendations. SEC. 8. TERMINATION. The Commission shall terminate on the date of transmission of its report under section 7.

Airport Noise Curfew Act of 2004 - Establishes the Airport Noise Curfew Commission to study and make recommendations to Congress regarding the establishment of curfews on nonmilitary aircraft operations over populated areas of the United States during normal sleeping hours.

To establish the Airport Noise Curfew Commission.

SECTION 1. FINDINGS. The Congress makes the following findings: (1) There are approximately 100,000,000 unexploded antipersonnel landmines strewn in more than 60 countries around the world, and tens of millions of antipersonnel landmines are stored in stockpiles. The Department of State reports that ``landmines may be the most toxic and widespread pollution facing mankind''. (2) Like chemical and biological weapons, landmines kill and maim indiscriminately. (3) After the United States adopted a unilateral moratorium on the export of antipersonnel landmines, the United Nations General Assembly unanimously called for an international moratorium on such exports, and the Governments of France, Germany, Greece, Belgium, the Netherlands, Poland, Slovakia, and South Africa have each announced an export moratorium. The Government of Cambodia has stated that it will no longer use or purchase antipersonnel landmines. (4) Despite such actions, far more antipersonnel landmines are being strewn than are being cleared. Each month, at least 1,200 persons, mostly innocent civilians, are killed or injured by landmines. In some countries, more than one third of all casualties of landmines are women and children. (5) With hundreds of types of antipersonnel landmines being produced in at least 50 countries, only international cooperation on limits on the production, possession, transfer, and use of anti-personnel landmines will stop the slaughter of innocent lives. (6) A United Nations conference to review the 1980 Conventional Weapons Convention, including Protocol II to the Convention (commonly referred to as the ``Landmine Protocol''), is planned for 1995. Meetings of governmental experts to prepare for the conference have begun. This is a critical time for United States leadership to help solve the landmine crisis. SEC. 2. POLICY. It is the sense of Congress that the President should-- (1) actively seek an international agreement prohibiting the production, possession, transfer, and use of antipersonnel landmines; and (2) as interim measures to be pursued during the seeking of such prohibitions, actively seek international agreements, modifications of the 1980 Conventional Weapons Convention, or other agreements or arrangements to limit further the production, possession, transfer, and use of antipersonnel landmines. SEC. 3. MORATORIUM ON THE PRODUCTION AND PROCUREMENT OF ANTIPERSONNEL LANDMINES. (a) Sense of Congress.--It is the sense of Congress that a moratorium by the United States on the purchase and production of antipersonnel landmines would encourage other nations to adopt similar measures. (b) Moratorium.--Effective 90 days after the date of the enactment of this Act, the United States Government shall not purchase or produce antipersonnel landmines. (c) Period of Moratorium.--The prohibition set forth in subsection (b) shall continue until the end of the one-year period beginning on the date of the enactment of this Act. (d) Actions by Other Nations.--(1) The Congress urges the President, during the period referred to in subsection (c), to encourage each nation which is a major producer of antipersonnel landmines to adopt a moratorium similar to the moratorium described in subsection (b). (2) If the President determines during the period referred to in subsection (c) that nations that are major producers of antipersonnel landmines have adopted moratoria similar to the moratorium described in subsection (b), the President may extend the moratorium for such additional time as the President considers appropriate. (3) For the purposes of this subsection, the term ``major producers of antipersonnel landmines'' include the following: (A) Belgium. (B) Bulgaria. (C) The Peoples Republic of China. (D) Egypt. (E) France. (F) Germany. (G) Hungary. (H) Italy. (I) Pakistan. (J) Russia. (K) South Africa. (L) The United Kingdom. SEC. 4. AUTHORIZATION OF FUNDS FOR DEMINING ACTIVITIES FOR FISCAL YEAR 1995. There is hereby authorized to be appropriated to the Department of Defense for fiscal year 1995 the sum of $25,000,000 for-- (1) humanitarian activities relating to the clearing and disarming of landmines and the protection of civilians from landmines (including activities relating to the furnishing of education, training, technical assistance, demining equipment and technology and activities relating to research and development on demining equipment and technology); and (2) contributions to United Nations funds and to nongovernmental organizations to support such activities. SEC. 5. ANALYSIS AND ASSESSMENT OF COSTS AND EFFECTS OF ANTIPERSONNEL LANDMINES. (a) Analysis.--(1) Not later than six months after the date of the enactment of this Act, the Administrator of the Agency for International Development and the Secretary of State shall submit to Congress a joint report containing a quantitative and qualitative analysis of the social, economic, and environmental costs and effects of the use of antipersonnel landmines. (2) The analysis shall cover not less than three countries (as jointly determined by the Administrator and the Secretary) in which the presence of landmines presents significant social, economic, and environmental problems. (3) In preparing the report, the Administrator and the Secretary shall rely on any appropriate governmental and nongovernmental materials and sources of information that are available to them. (b) Assessment.--(1) The Secretary of Defense shall submit to Congress a report setting forth the total number of members of the United States Armed Forces killed or wounded by antipersonnel landmines during each of the following periods: (A) World War II. (B) The Korean conflict. (C) The Vietnam era. (D) The Persian Gulf War. (2) The Secretary of Defense shall submit the report under this subsection at the same time that the report required under subsection (a) is submitted. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``antipersonnel landmine'' means any of the following: (A) Any munition placed under, on, or near the ground or other surface area, delivered by artillery, rocket, mortar, or similar means, or dropped from an aircraft and which is designed, constructed, adapted, or designed to be adapted to be detonated or exploded by the presence, proximity, or contact of a person. (B) Any device or material which is designed, constructed, adapted, or designed to be adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act. (2) The term ``1980 Conventional Weapons Convention'' means the 1980 Conventional Weapons Convention on Production or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious or To Have Indiscriminate Effects, done at New York on April 10, 1981.

Expresses the sense of the Congress that: (1) the President should seek an international agreement prohibiting the production, possession, transfer, and use of antipersonnel landmines; and (2) a moratorium by the United States on the purchase and production of antipersonnel landmines would encourage other nations to adopt similar measures. Prohibits the U.S. Government from purchasing or producing such landmines effective 90 days after this Act's enactment date. Continues such moratorium for one year from this Act's enactment date. Urges the President to encourage other nations which are major producers of such landmines to adopt similar moratoria. Authorizes the President to extend the moratorium if other nations have adopted similar moratoria. Authorizes appropriations to the Department of Defense for: (1) humanitarian activities relating to the clearing and disarming of landmines and the protection of civilians from landmines; and (2) contributions to United Nations funds and nongovernmental organizations to support such activities. Directs the Administrator of the Agency for International Development and the Secretary of State to submit to the Congress a quantitative and qualitative analysis of the social, economic, and environmental costs and effects of antipersonnel landmines. Requires the Secretary of Defense to report to the Congress on the total number of members of the armed forces killed or wounded by antipersonnel landmines during World War II, the Korean conflict, the Vietnam era, and the Persian Gulf War.

To state the sense of Congress on the production, possession, transfer, and use of antipersonnel landmines, to place a moratorium on United States production of antipersonnel landmines, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Delaware River Basin Conservation Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) the Delaware River Basin is a national treasure of great cultural, environmental, ecological, and economic importance; (2) the Basin contains over 12,500 square miles of land in the States of Delaware, New Jersey, New York, and Pennsylvania, including nearly 800 square miles of bay and more than 2,000 tributary rivers and streams; (3) the Basin is home to more than 8,000,000 people who depend on the Delaware River and the Delaware Bay as an economic engine, a place of recreation, and a vital habitat for fish and wildlife; (4) the Basin provides clean drinking water to more than 15,000,000 people, including New York City, which relies on the Basin for approximately half of the drinking water supply of the city, and Philadelphia, whose most significant threat to the drinking water supply of the city is loss of forests and other natural cover in the Upper Basin, according to a study conducted by the Philadelphia Water Department; (5) the Basin contributes $25,000,000,000 annually in economic activity, provides $21,000,000,000 in ecosystem goods and services per year, and is directly or indirectly responsible for 600,000 jobs with $10,000,000,000 in annual wages; (6) almost 180 species of fish and wildlife are considered special status species in the Basin due to habitat loss and degradation, particularly sturgeon, eastern oyster, horseshoe crabs, and red knots, which have been identified as unique species in need of habitat improvement; (7) the Basin provides habitat for over 200 resident and migrant fish species, includes significant recreational fisheries, and is an important source of eastern oyster, blue crab, and the largest population of the American horseshoe crab; (8) the annual dockside value of commercial eastern oyster fishery landings for the Delaware Estuary is nearly $4,000,000, making it the fourth most lucrative fishery in the Delaware River Basin watershed, and proven management strategies are available to increase oyster habitat, abundance, and harvest; (9) the Delaware Bay has the second largest concentration of shorebirds in North America and is designated as one of the 4 most important shorebird migration sites in the world; (10) the Basin, 50 percent of which is forested, also has over 700,000 acres of wetland, more than 126,000 acres of which are recognized as internationally important, resulting in a landscape that provides essential ecosystem services, including recreation, commercial, and water quality benefits; (11) much of the remaining exemplary natural landscape in the Basin is vulnerable to further degradation, as the Basin gains approximately 10 square miles of developed land annually, and with new development, urban watersheds are increasingly covered by impervious surfaces, amplifying the quantity of polluted runoff into rivers and streams; (12) the Delaware River is the longest undammed river east of the Mississippi; a critical component of the National Wild and Scenic Rivers System in the Northeast, with more than 400 miles designated; home to one of the most heavily visited National Park units in the United States, the Delaware Water Gap National Recreation Area; and the location of 6 National Wildlife Refuges; (13) the Delaware River supports an internationally renowned cold water fishery in more than 80 miles of its northern headwaters that attracts tens of thousands of visitors each year and generates over $21,000,000 in annual revenue through tourism and recreational activities; (14) management of water volume in the Basin is critical to flood mitigation and habitat for fish and wildlife, and following 3 major floods along the Delaware River since 2004, the Governors of the States of Delaware, New Jersey, New York, and Pennsylvania have called for natural flood damage reduction measures to combat the problem, including restoring the function of riparian corridors; (15) the Delaware River Port Complex (including docking facilities in the States of Delaware, New Jersey, and Pennsylvania) is one of the largest freshwater ports in the world, the Port of Philadelphia handles the largest volume of international tonnage and 70 percent of the oil shipped to the East Coast, and the Port of Wilmington, a full-service deepwater port and marine terminal supporting more than 12,000 jobs, is the busiest terminal on the Delaware River, handling more than 400 vessels per year with an annual import/export cargo tonnage of more than 4,000,000 tons; (16) the Delaware Estuary, where freshwater from the Delaware River mixes with saltwater from the Atlantic Ocean, is one of the largest and most complex of the 28 estuaries in the National Estuary Program, and the Partnership for the Delaware Estuary works to improve the environmental health of the Delaware Estuary; (17) the Delaware River Basin Commission is a Federal- interstate compact government agency charged with overseeing a unified approach to managing the river system and implementing important water resources management projects and activities throughout the Basin that are in the national interest; (18) restoration activities in the Basin are supported through several Federal and State agency programs, and funding for those important programs should continue and complement the establishment of the Delaware River Basin Restoration Program, which is intended to build on and help coordinate restoration and protection funding mechanisms at the Federal, State, regional, and local levels; and (19) the existing and ongoing voluntary conservation efforts in the Delaware River Basin necessitate improved efficiency and cost effectiveness, as well as increased private-sector investments and coordination of Federal and non- Federal resources. SEC. 3. DEFINITIONS. In this Act: (1) Basin.--The term ``Basin'' means the 4-State Delaware Basin region, including all of Delaware Bay and portions of the States of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed. (2) Basin state.--The term ``Basin State'' means each of the States of Delaware, New Jersey, New York, and Pennsylvania. (3) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (4) Foundation.--The term ``Foundation'' means the National Fish and Wildlife Foundation, a congressionally chartered foundation established by section 2 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701). (5) Grant program.--The term ``grant program'' means the voluntary Delaware River Basin Restoration Grant Program established under section 5. (6) Program.--The term ``program'' means the nonregulatory Delaware River Basin restoration program established under section 4. (7) Restoration and protection.--The term ``restoration and protection'' means the conservation, stewardship, and enhancement of habitat for fish and wildlife to preserve and improve ecosystems and ecological processes on which they depend, and for use and enjoyment by the public. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director. (9) Service.--The term ``Service'' means the United States Fish and Wildlife Service. SEC. 4. PROGRAM ESTABLISHMENT. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonregulatory program to be known as the ``Delaware River Basin restoration program''. (b) Duties.--In carrying out the program, the Secretary shall-- (1) draw on existing and new management plans for the Basin, or portions of the Basin, and work in consultation with applicable management entities, including representatives of the Partnership for the Delaware Estuary, the Delaware River Basin Commission, the Federal Government, and other State and local governments, and regional and nonprofit organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Basin; (2) adopt a Basinwide strategy that-- (A) supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph (1); (B) targets cost-effective projects with measurable results; and (C) maximizes conservation outcomes with no net gain of Federal full-time equivalent employees; and (3) establish the voluntary grant and technical assistance programs in accordance with section 5. (c) Coordination.--In establishing the program, the Secretary shall consult, as appropriate, with-- (1) the heads of Federal agencies, including-- (A) the Administrator of the Environmental Protection Agency; (B) the Administrator of the National Oceanic and Atmospheric Administration; (C) the Chief of the Natural Resources Conservation Service; (D) the Chief of Engineers of the Corps of Engineers; and (E) the head of any other applicable agency; (2) the Governors of the Basin States; (3) the Partnership for the Delaware Estuary; (4) the Delaware River Basin Commission; (5) fish and wildlife joint venture partnerships; and (6) other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Basin. (d) Purposes.--The purposes of the program include-- (1) coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Basin; (2) carrying out coordinated restoration and protection activities, and providing for technical assistance throughout the Basin and Basin States-- (A) to sustain and enhance fish and wildlife habitat restoration and protection activities; (B) to improve and maintain water quality to support fish and wildlife, as well as the habitats of fish and wildlife, and drinking water for people; (C) to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat; (D) to improve opportunities for public access and recreation in the Basin consistent with the ecological needs of fish and wildlife habitat; (E) to facilitate strategic planning to maximize the resilience of natural systems and habitats under changing watershed conditions; (F) to engage the public through outreach, education, and citizen involvement, to increase capacity and support for coordinated restoration and protection activities in the Basin; (G) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities; and (H) to provide technical assistance to carry out restoration and protection activities in the Basin. SEC. 5. GRANTS AND ASSISTANCE. (a) Delaware River Basin Restoration Grant Program.--To the extent that funds are available to carry out this section, the Secretary shall establish a voluntary grant and technical assistance program to be known as the ``Delaware River Basin Restoration Grant Program'' to provide competitive matching grants of varying amounts to State and local governments, nonprofit organizations, institutions of higher education, and other eligible entities to carry out activities described in section 4(d). (b) Criteria.--The Secretary, in consultation with the organizations described in section 4(c), shall develop criteria for the grant program to help ensure that activities funded under this section accomplish one or more of the purposes identified in section 4(d)(2) and advance the implementation of priority actions or needs identified in the Basinwide strategy adopted under section 4(b)(2). (c) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the activity, as determined by the Secretary. (2) Non-federal share.--The non-Federal share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials. (d) Administration.-- (1) In general.--The Secretary may enter into an agreement to manage the grant program with the National Fish and Wildlife Foundation or a similar organization that offers grant management services. (2) Funding.--If the Secretary enters into an agreement under paragraph (1), the organization selected shall-- (A) for each fiscal year, receive amounts to carry out this section in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year; (B) invest and reinvest those amounts for the benefit of the grant program; and (C) otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this Act. (3) Requirements.--If the Secretary enters into an agreement with the Foundation under paragraph (1), any amounts received by the Foundation under this section shall be subject to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act (16 U.S.C. 3709(a)). SEC. 6. ANNUAL REPORTS. Not later than 180 days after the date of enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report on the implementation of this Act, including a description of each project that has received funding under this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary to carry out this Act $5,000,000 for each of fiscal years 2016 through 2021. (b) Use.--Of any amount made available under this section for each fiscal year, the Secretary shall use at least 75 percent to carry out the grant program under section 5 and to provide, or provide for, technical assistance under such program.

. Delaware River Basin Conservation Act of 2015 (Sec. 4) This bill requires the United States Fish and Wildlife Service (USFWS) to establish a nonregulatory Delaware River Basin restoration program, under which it shall: (1) draw on management plans for the basin or portions of the basin and work in consultation with applicable management entities, including representatives of the Partnership for the Delaware Estuary, the Delaware River Basin Commission, the federal government, other state and local governments, and regional and nonprofit organizations, to identify, prioritize, and implement restoration and protection activities within the basin; (2) adopt a basin-wide strategy that supports the implementation of a shared set of science-based restoration and protection activities, targets cost-effective projects with measurable results, and maximizes conservation outcomes with no net gain of federal full-time equivalent employees; and (3) establish the voluntary grant and technical assistance programs in accordance with this bill. "Basin" is defined as the four-state Delaware Basin region, including all of Delaware Bay and portions of Delaware, New Jersey, New York, and Pennsylvania located in the Delaware River watershed. (Sec. 5) The USFWS shall: (1) establish the Delaware River Basin restoration grant program to provide competitive matching grants to carry out restoration and protection activities within the basin, and (2) develop criteria to ensure that funded activities accomplish specified purposes and advance the implementation of priority actions or needs identified in the strategy adopted under this bill. The USFWS may contract with the National Fish and Wildlife Foundation or another organization that offers grant management services. (Sec. 6) The USFWS shall submit to Congress annually a report on the implementation of this bill, including a description of each project that has received funding. (Sec. 7) Appropriations are authorized to carry out this bill for FY2016-FY2021. The USFWS shall use at least 75% of any amount made available for each fiscal year to carry out the grant program and to provide or provide for technical assistance under such program.

Delaware River Basin Conservation Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``JUMP Ahead Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) millions of young people in America live in areas in which drug use and violent and property crimes are pervasive; (2) unfortunately, many of these same young people come from single parent homes, or from environments in which there is no responsible, caring adult supervision; (3) all children and adolescents need caring adults in their lives, and mentoring is an effective way to fill this special need for at-risk children. The special bond of commitment fostered by the mutual respect inherent in effective mentoring can be the tie that binds a young person to a better future; (4) through a mentoring relationship, adult volunteers and participating youth make a significant commitment of time and energy to develop relationships devoted to personal, academic, or career development and social, artistic, or athletic growth; (5) rigorous independent studies have confirmed that effective mentoring programs can significantly reduce and prevent the use of alcohol and drugs by young people, improve school attendance and performance, improve peer and family and peer relationships, and reduce violent behavior; (6) since the inception of the Federal JUMP program, dozens of innovative, effective mentoring programs have received funding grants; (7) unfortunately, despite the recent growth in public and private mentoring initiatives, it is reported that between 5,000,000 and 15,000,000 additional children in the United States could benefit from being matched with a mentor; and (8) although great strides have been made in reaching at- risk youth since the inception of the JUMP program, millions of vulnerable American children are not being reached, and without an increased commitment to connect these young people to responsible adult role models, our country risks losing an entire generation to drugs, crime, and unproductive lives. SEC. 3. JUVENILE MENTORING GRANTS. (a) In General.--Section 288B of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) is amended-- (1) by inserting ``(a) In General.--'' before ``The Administrator shall''; (2) by striking paragraph (2) and inserting the following: ``(2) are intended to achieve 1 or more of the following goals: ``(A) Discourage at-risk youth from-- ``(i) using illegal drugs and alcohol; ``(ii) engaging in violence; ``(iii) using guns and other dangerous weapons; ``(iv) engaging in other criminal and antisocial behavior; and ``(v) becoming involved in gangs. ``(B) Promote personal and social responsibility among at-risk youth. ``(C) Increase at-risk youth's participation in, and enhance the ability of those youth to benefit from, elementary and secondary education. ``(D) Encourage at-risk youth participation in community service and community activities. ``(E) Provide general guidance to at-risk youth.''; and (3) by adding at the end the following: ``(b) Amount and Duration.--Each grant under this part shall be awarded in an amount not to exceed a total of $200,000 over a period of not more than 3 years. ``(c) Authorization of Appropriations.--There is authorized to be appropriated $50,000,000 for each of fiscal years 1999, 2000, 2001, and 2002 to carry out this part.''. SEC. 4. IMPLEMENTATION AND EVALUATION GRANTS. (a) In General.--The Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice may make grants to national organizations or agencies serving youth, in order to enable those organizations or agencies-- (1) to conduct a multisite demonstration project, involving between 5 and 10 project sites, that-- (A) provides an opportunity to compare various mentoring models for the purpose of evaluating the effectiveness and efficiency of those models; (B) allows for innovative programs designed under the oversight of a national organization or agency serving youth, which programs may include-- (i) technical assistance; (ii) training; and (iii) research and evaluation; and (C) disseminates the results of such demonstration project to allow for the determination of the best practices for various mentoring programs; (2) to develop and evaluate screening standards for mentoring programs; and (3) to develop and evaluate volunteer recruitment techniques and activities for mentoring programs. (b) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 for each of the fiscal years 1999, 2000, 2001, and 2002 to carry out this section. SEC. 5. EVALUATIONS; REPORTS. (a) Evaluations.-- (1) In general.--The Attorney General shall enter into a contract with an evaluating organization that has demonstrated experience in conducting evaluations, for the conduct of an ongoing rigorous evaluation of the programs and activities assisted under this Act or under section 228B of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) (as amended by this Act). (2) Criteria.--The Attorney General shall establish a minimum criteria for evaluating the programs and activities assisted under this Act or under section 228B of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) (as amended by this Act), which shall provide for a description of the implementation of the program or activity, and the effect of the program or activity on participants, schools, communities, and youth served by the program or activity. (3) Mentoring program of the year.--The Attorney General shall, on an annual basis, based on the most recent evaluation under this subsection and such other criteria as the Attorney General shall establish by regulation-- (A) designate 1 program or activity assisted under this Act as the ``Juvenile Mentoring Program of the Year''; and (B) publish notice of such designation in the Federal Register. (b) Reports.-- (1) Grant recipients.--Each entity receiving a grant under this Act or under section 228B of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) (as amended by this Act) shall submit to the evaluating organization entering into the contract under subsection (a)(1), an annual report regarding any program or activity assisted under this Act or under section 228B of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) (as amended by this Act). Each report under this paragraph shall be submitted at such time, in such a manner, and shall be accompanied by such information, as the evaluating organization may reasonably require. (2) Comptroller general.--Not later than 4 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report evaluating the effectiveness of grants awarded under this Act and under section 228B of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-2) (as amended by this Act), in-- (A) reducing juvenile delinquency and gang participation; (B) reducing the school dropout rate; and (C) improving academic performance of juveniles.

JUMP Ahead Act of 1997 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) with respect to juvenile mentoring grants. Specifies goals for the grant program and limits the amount and duration of grants. Authorizes appropriations. Authorizes the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to make youth mentoring program implementation and evaluation grants to national organizations or agencies serving youth. Authorizes appropriations. Directs the Attorney General to: (1) contract with an evaluating organization for an ongoing evaluation of the programs and activities assisted under this Act or under JJDPA; (2) establish minimum criteria for evaluating such programs and activities; and (3) annually designate a program or activity assisted under this Act as the Juvenile Mentoring Program of the Year. Requires each grant recipient under this Act or under JJDPA to report annually to the evaluating organization on any program or activity so assisted. Requires a report to the Congress evaluating such grants.

JUMP Ahead Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fortifying America's Intellectual Property Rights (FAIR) Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) International markets are vital to intellectual property industries in the United States, providing a strong export base that sustains jobs in the United States. This sector of the United States economy is threatened due to widespread patent and trademark infringement and the unauthorized reproduction, distribution, and sale of copyrighted works created in the United States. (2) The United States is the world's largest creator, producer, and exporter of copyrighted materials, accounting for more than 5 percent of the Gross Domestic Product (GDP) of the United States and adding billions of dollars to the United States economy annually. (3) International markets are vital to creative industries in the United States, providing a strong export base that sustains jobs in the United States. This sector of the United States economy is threatened due to widespread piracy--the unauthorized reproduction, distribution, and sale of works created in the United States. (4) Global piracy affecting the motion picture industry is estimated as amounting to $3,500,000,000 annually, not including illegal downloading. Globally, 2 in 5 music recordings are pirated copies, with annual world-wide sales of pirated music estimated at from $4,000,000,000 to $5,000,000,000. The software industry estimates losses of more than $13,000,000,000 in 2002 due to worldwide piracy. (5) The United States Trade Representative (USTR) has been charged with identifying countries that deny adequate and effective protection of intellectual property rights. The effective use of trade tools by the USTR, including the negotiation of bilateral free trade agreements, serves an essential role in protecting abroad the intellectual property rights of United States persons. (6) The Office of the USTR has more than 20 offices dedicated to specific areas of expertise, but does not include an office solely dedicated to the protection abroad of the intellectual property rights of United States persons. Currently, the Office of the Assistant United States Trade Representative for Services, Investment and Intellectual Property has a substantially large workload, given that services and investment account for more than 50 percent of the United States economy. (7) The USTR's ability to meet its mandate to protect abroad the intellectual property rights of United States persons should be enhanced by establishing a separate office dedicated exclusively to intellectual property matters, headed by an Assistant United States Trade Representative for Intellectual Property Rights. The resources dedicated to securing high standards of protection in trade agreements and enforcing those provisions vigorously should likewise be enhanced. SEC. 3. ASSISTANT U.S. TRADE REPRESENTATIVE FOR INTELLECTUAL PROPERTY RIGHTS. Section 141(c) of the Trade Act of 1974 (19 U.S.C. 2171(c)) is amended by adding at the end the following: ``(6)(A) There shall be in the Office the position of Assistant United States Trade Representative for Intellectual Property Rights. The Assistant United States Trade Representative for Intellectual Property Rights shall be appointed by the United States Trade Representative. ``(B) The Assistant United States Trade Representative for Intellectual Property Rights shall have primary responsibility for-- ``(i) intellectual property matters relating to bilateral and multilateral trade agreements, including-- ``(I) enforcement of, and any modifications to, the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)); and ``(II) the negotiation and enforcement of intellectual property provisions of any other bilateral or multilateral trade agreement to which the United States is a party; ``(ii) the identification of countries under paragraphs (1) and (2) of section 182(a) of the Trade Act of 1974 (19 U.S.C. 2242(a)(1) and (2)), and any investigations under chapter 1 of title III of that Act (19 U.S.C. 2411 et seq.) arising from such identification or other actions of a foreign country described in section 182(a)(1) of that Act; and ``(iii) monitoring the extent to which the trading partners of the United States protect and enforce intellectual property rights of United States persons. ``(C) At least 6 professional staff members shall be assigned to assist the Assistant United States Trade Representative for Intellectual Property Rights in carrying out his or her functions, of which 3 shall be assigned to matters relating to enforcement. ``(D) The Assistant United States Trade Representative should direct and coordinate all interagency activities, including in consultation with the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office and the Register of Copyrights, on trade-related intellectual property matters and serve as the primary contact in the executive branch for all matters described in subparagraph (B). ``(E) The Assistant United States Trade Representative for Intellectual Property Rights shall receive compensation at the rate of pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.''. SEC. 4. CONSTRUCTION. Nothing in this Act or the amendment made by this Act shall be construed to limit the powers and duties of the United States Patent and Trademark Office or the United States Copyright Office.

Fortifying America's Intellectual Property Rights (FAIR) Act - Amends the Trade Act of 1974 to establish in the Office of the United States Trade Representative the position of Assistant United States Trade Representative for Intellectual Property Rights, with primary responsibility for: (1) intellectual property matters relating to trade agreements and the negotiation and enforcement of intellectual property provisions of any such agreement to which the United States is a party; (2) identification and investigation of foreign countries that deny adequate protection of intellectual property rights or that deny fair market access to U.S. persons that rely upon intellectual property protections; and (3) monitoring the extent to which U.S. trading partners protect and enforce intellectual property rights of U.S. persons.

To establish in the Office of the United States Trade Representative an Assistant United States Trade Representative for Intellectual Property Rights.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping Families in their Home Act of 2012''. SEC. 2. BANK LEASING OF FORECLOSED PROPERTIES. (a) In General.--Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following: ``(aa) Leasing of Foreclosed Property.-- ``(1) Leasing authorized.-- ``(A) In general.--A depository institution or any affiliate of a depository institution, subject to this subsection and regulations prescribed under this subsection, may lease to any person, including a lease with an option to purchase or a right of first refusal, for not to exceed 5 years, an interest in residential property which-- ``(i) was or is security for an extension of credit by such depository institution or affiliate; and ``(ii) came under the ownership or control of the depository institution or affiliate through foreclosure, or a deed in lieu of foreclosure, on the extension of credit. ``(B) Preemption.--Subparagraph (A) shall apply, notwithstanding any other provision of Federal or State law-- ``(i) restricting the time during which a depository institution or any affiliate of a depository institution may hold or lease property; or ``(ii) prohibiting a depository institution or any affiliate of a depository institution from leasing property. ``(2) Safety and soundness regulations.--The Federal banking agencies shall jointly prescribe regulations which-- ``(A) establish criteria and minimum requirements for the leasing activity of any depository institution or affiliate of a depository institution, including minimum capital requirements, that the agencies determine to be appropriate for the preservation of the safety and soundness of the depository institution or affiliate; ``(B) establish requirements or exceptions that the agencies determine are appropriate under this subsection for any such depository institution or affiliate for any other purpose; and ``(C) provide for appropriate actions under section 38 with respect to any such lease, as necessary to protect the capital or safety and soundness of the depository institution or affiliate or any other necessary enforcement action. ``(3) Length of lease.--If any provision of any Federal or State law, including the Bank Holding Company Act of 1956, governing the permissible activities of depository institutions or affiliates of depository institutions permits a depository institution or any such affiliate to hold property as described in paragraph (1) for a period longer than 5 years, any lease under paragraph (1) may be extended to the extent permitted by such provision of law. ``(4) Sunset.--This section shall apply only with respect to leases entered into during the 3-year period beginning on the date of enactment of the Keeping Families in their Home Act of 2012.''. (b) Intent of Congress.--It is the intent of Congress that-- (1) no permanent change in policy on leasing foreclosed property is established by virtue of the enactment of this section with respect to depository institutions and depository institution holding companies; and (2) subsection (aa) of section 18 of the Federal Deposit Insurance Act (as added by this section) should not apply to leases entered into after the sunset date contained in such subsection. SEC. 3. GOVERNMENT SPONSORED ENTERPRISE LEASING OF FORECLOSED PROPERTIES. (a) In General.--For the purpose of mitigating losses to the taxpayer and stabilizing home prices, an enterprise may market for rental any real estate owned properties and assets of such enterprises and enter into lease agreements with lessees, as the Federal Housing Finance Agency determines appropriate, prior to the sale of such properties and assets, except that any such lease agreement shall be for a term that is not longer than 5 years. Authority to enter into leasing agreements pursuant to this subsection shall terminate 3 years after the date of enactment of this Act. (b) Enterprise Defined.--The term ``enterprise'' means-- (1) the Federal National Mortgage Association; and (2) the Federal Home Loan Mortgage Corporation.

Keeping Families in their Home Act of 2012 - Amends the Federal Deposit Insurance Act to authorize any depository institution (or affiliate) to lease, including lease with an option to purchase or a right of first refusal, to any individual for up to five years an interest in residential property which: (1) was or is security for an extension of credit by such depository institution (or affiliate), and (2) came under the institution's or affiliate's ownership or control through foreclosure (or a deed in lieu of foreclosure) on the extension of credit. Preempts any federal or state law that would: (1) restrict the time during which a depository institution or its affiliate may hold or lease property, or (2) prohibit a depository institution or its affiliate from leasing property. Directs the federal banking agencies to prescribe specified joint safety and soundness regulations, including minimum capital requirements for such institutions or affiliates. Permits extension of such a lease beyond five years if any federal or state law, including the Bank Holding Company Act of 1956, so permits. Applies this Act only to leases entered into during the three-year period beginning on the date of the enactment of this Act. Declares it is the intent of Congress that: (1) no permanent change in policy on leasing foreclosed property is being established with respect to depository institutions and depository institution holding companies, and (2) bank leasing of foreclosed property authorized under this Act should not apply to leases entered into after such three-year period. Authorizes a government-sponsored enterprise (the Federal National Mortgage Association [Fannie Mae] or the Federal Home Loan Mortgage Corporation [Freddie Mac]) to market for rental, before sale, any of its real estate owned properties and assets as the Federal Housing Finance Agency (FHFA) determines appropriate. Restricts lease agreements to five years.

A bill to authorize depository institutions, depository institution holding companies, Fannie Mae, and Freddie Mac to lease foreclosed property held by such entities for up to 5 years, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Adoption Act of 2013''. SEC. 2. BROADBAND LIFELINE ASSISTANCE PROGRAM. Section 254(j) of the Communications Act of 1934 (47 U.S.C. 254(j)) is amended-- (1) by striking ``(j) Lifeline Assistance.--Nothing in this'' and inserting the following: ``(j) Lifeline Assistance.-- ``(1) In general.--Nothing in this''; and (2) by adding at the end the following: ``(2) Broadband lifeline assistance program.-- ``(A) Purpose.--The purpose of this paragraph is to promote the adoption of broadband service by all people of the United States while recognizing that the price of broadband service is one of the barriers to adoption for low income households. ``(B) Establishment.-- ``(i) In general.--Not later than 270 days after the date of enactment of the Broadband Adoption Act of 2013, the Commission shall adopt a final rule establishing Lifeline program support for broadband that enables qualifying low-income customers residing in urban and rural areas to purchase broadband service at reduced charges by reimbursing providers who elect to participate in the program for each such customer served. The Commission shall consider the results of the Low-Income Broadband Pilot Program when establishing such final rule. ``(ii) Model.--Such program shall be similar in structure to the Lifeline program for basic telephone service under subpart E of part 54 of title 47, Code of Federal Regulations. Qualifying individuals may elect to apply support from the Lifeline program to basic telephone service, voice telephony service, or broadband service, whether each service is purchased stand-alone or in a bundle. ``(iii) Digital literacy program.--The Commission shall consider providing a preference to participating broadband service providers that include components involving digital literacy programs as part of their offerings. ``(C) State matching funds.--The Commission may determine, in consultation with the Federal-State Joint Board instituted under subsection (a)(1), whether State matching funds may be provided as a condition of eligibility for low-income households within such State. ``(D) Amount of support.-- ``(i) In general.--The Commission, in calculating the amount of Lifeline support to be provided to each low-income household, shall routinely study the prevailing market price for broadband service and the prevailing speed of broadband service adopted by households. ``(ii) Information.--To fulfill the requirement under clause (i), the Commission shall rely on information that it routinely collects or that is publicly available. ``(E) Technology neutral.-- ``(i) In general.--The Commission shall ensure that the program established under subparagraph (B)(i) is neutral as to the types of technology used to provide voice telephony or broadband service under the Lifeline program to promote competition from service providers to qualify under such program. ``(ii) Authorization.--A participating broadband service provider need not be an eligible telecommunications carrier to receive support under such program, but such provider shall obtain authorization from the Commission in order to participate in the program. ``(F) Accountability.-- ``(i) Nonduplication.--In establishing the program under subparagraph (B)(i), the Commission shall adopt regulations to prevent duplicative Lifeline subsidies from being awarded to an individual eligible household. Only one Lifeline program support amount per eligible household shall be available to qualifying individuals. ``(ii) Preventing waste, fraud, or abuse.-- In adopting rules to implement this paragraph, the Commission shall consider any appropriate measures to prevent any waste, fraud, or abuse of this program. ``(iii) Eligibility.--The Commission, in consultation with other relevant Federal agencies, shall establish a national database which can be used to determine consumer eligibility for Lifeline program subsidies.''.

Broadband Adoption Act of 2013 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to adopt a final rule establishing support for broadband under the Universal Service Fund Lifeline Assistance Program to enable qualifying low-income customers residing in urban and rural areas to purchase broadband service at reduced charges by reimbursing providers who elect to participate in the program for each such customer served. Establishes a program model under which qualifying individuals may elect to apply support from the Lifeline program to basic telephone service, voice telephony service, or broadband service, whether each service is purchased stand-alone or in a bundle. Authorizes the FCC to determine whether state matching funds may be provided as a condition of eligibility for low-income households within such state. Requires the program to be technology neutral to promote competition from service providers. Requires a broadband service provider that is not an eligible telecommunications carrier to obtain FCC authorization to participate in the program. Directs the FCC to: (1) adopt regulations to prevent duplicative Lifeline subsidies from being awarded to an individual eligible household, and (2) establish a national database to determine consumer eligibility. Limits qualifying individuals to only one Lifeline program support amount per eligible household.

Broadband Adoption Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings Are Vital to Everyone's Retirement Act of 1997''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds as follows: (1) The impending retirement of the baby boom generation will severely strain our already overburdened entitlement system, necessitating increased reliance on pension and other personal savings. (2) Studies have found that less than a third of Americans have even tried to calculate how much they will need to have saved by retirement, and that less than 20 percent are very confident they will have enough money to live comfortably throughout their retirement. (3) A leading obstacle to expanding retirement savings is the simple fact that far too many Americans--particularly the young-- are either unaware of, or without the knowledge and resources necessary to take advantage of, the extensive benefits offered by our retirement savings system. (b) Purpose.--It is the purpose of this Act-- (1) to advance the public's knowledge and understanding of retirement savings and its critical importance to the future well- being of American workers and their families; (2) to provide for a periodic, bipartisan national retirement savings summit in conjunction with the White House to elevate the issue of savings to national prominence; and (3) to initiate the development of a broad-based, public education program to encourage and enhance individual commitment to a personal retirement savings strategy. SEC. 3. OUTREACH BY THE DEPARTMENT OF LABOR. (a) In General.--Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following new section: ``outreach to promote retirement income savings ``Sec. 516. (a) In General.--The Secretary shall maintain an ongoing program of outreach to the public designed to effectively promote retirement income savings by the public. ``(b) Methods.--The Secretary shall carry out the requirements of subsection (a) by means which shall ensure effective communication to the public, including publication of public service announcements, public meetings, creation of educational materials, and establishment of a site on the Internet. ``(c) Information To Be Made Available.--The information to be made available by the Secretary as part of the program of outreach required under subsection (a) shall include the following: ``(1) a description of the vehicles currently available to individuals and employers for creating and maintaining retirement income savings, specifically including information explaining to employers, in simple terms, the characteristics and operation of the different retirement savings vehicles, including the steps to establish each such vehicle; and ``(2) information regarding matters relevant to establishing retirement income savings, such as-- ``(A) the forms of retirement income savings; ``(B) the concept of compound interest; ``(C) the importance of commencing savings early in life; ``(D) savings principles; ``(E) the importance of prudence and diversification in investing; ``(F) the importance of the timing of investments; and ``(G) the impact on retirement savings of life's uncertainties, such as living beyond one's life expectancy. ``(d) Establishment of Site on the Internet.--The Secretary shall establish a permanent site on the Internet concerning retirement income savings. The site shall contain at least the following information: ``(1) a means for individuals to calculate their estimated retirement savings needs, based on their retirement income goal as a percentage of their preretirement income; ``(2) a description in simple terms of the common types of retirement income savings arrangements available to both individuals and employers (specifically including small employers), including information on the amount of money that can be placed into a given vehicle, the tax treatment of the money, the amount of accumulation possible through different typical investment options and interest rate projections, and a directory of resources of more descriptive information; ``(3) materials explaining to employers in simple terms, the characteristics and operation of the different retirement savings arrangements for their workers and what the basic legal requirements are under this Act and the Internal Revenue Code of 1986, including the steps to establish each such arrangement; ``(4) copies of all educational materials developed by the Department of Labor, and by other Federal agencies in consultation with such Department, to promote retirement income savings by workers and employers; and ``(5) links to other sites maintained on the Internet by governmental agencies and nonprofit organizations that provide additional detail on retirement income savings arrangements and related topics on savings or investing. ``(e) Coordination.--The Secretary shall coordinate the outreach program under this section with similar efforts undertaken by other public and private entities.''. (b) Conforming Amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 514 the following new items: ``Sec. 515. Delinquent contributions. ``Sec. 516. Outreach to promote retirement income savings.''. SEC. 4. NATIONAL SUMMIT ON RETIREMENT SAVINGS. (a) In General.--Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 3 of this Act, is amended by adding at the end the following new section: ``national summit on retirement savings ``Sec. 517. (a) Authority To Call Summit.--Not later than July 15, 1998, the President shall convene a National Summit on Retirement Income Savings at the White House, to be co-hosted by the President and the Speaker and the Minority Leader of the House of Representatives and the Majority Leader and Minority Leader of the Senate. Such a National Summit shall be convened thereafter in 2001 and 2005 on or after September 1 of each year involved. Such a National Summit shall-- ``(1) advance the public's knowledge and understanding of retirement savings and its critical importance to the future well- being of American workers and their families; ``(2) facilitate the development of a broad-based, public education program to encourage and enhance individual commitment to a personal retirement savings strategy; ``(3) develop recommendations for additional research, reforms, and actions in the field of private pensions and individual retirement savings; and ``(4) disseminate the report of, and information obtained by, the National Summit and exhibit materials and works of the National Summit. ``(b) Planning and Direction.--The National Summit shall be planned and conducted under the direction of the Secretary, in consultation with, and with the assistance of, the heads of such other Federal departments and agencies as the President may designate. Such assistance may include the assignment of personnel. The Secretary shall, in planning and conducting the National Summit, consult with the congressional leaders specified in subsection (e)(2). The Secretary shall also, in carrying out the Secretary's duties under this subsection, consult and coordinate with at least one organization made up of private sector businesses and associations partnered with Government entities to promote long-term financial security in retirement through savings. ``(c) Purpose of National Summit.--The purpose of the National Summit shall be-- ``(1) to increase the public awareness of the value of personal savings for retirement; ``(2) to advance the public's knowledge and understanding of retirement savings and its critical importance to the future well- being of American workers and their families; ``(3) to facilitate the development of a broad-based, public education program to encourage and enhance individual commitment to a personal retirement savings strategy; ``(4) to identify the problems workers have in setting aside adequate savings for retirement; ``(5) to identify the barriers which employers, especially small employers, face in assisting their workers in accumulating retirement savings; ``(6) to examine the impact and effectiveness of individual employers to promote personal savings for retirement among their workers and to promote participation in company savings options; ``(7) to examine the impact and effectiveness of government programs at the Federal, State, and local levels to educate the public about, and to encourage, retirement income savings; ``(8) to develop such specific and comprehensive recommendations for the legislative and executive branches of the Government and for private sector action as may be appropriate for promoting private pensions and individual retirement savings; and ``(9) to develop recommendations for the coordination of Federal, State, and local retirement income savings initiatives among the Federal, State, and local levels of government and for the coordination of such initiatives. ``(d) Scope of National Summit.--The scope of the National Summit shall consist of issues relating to individual and employer-based retirement savings and shall not include issues relating to the old- age, survivors, and disability insurance program under title II of the Social Security Act. ``(e) National Summit Participants.-- ``(1) In general.--To carry out the purposes of the National Summit, the National Summit shall bring together-- ``(A) professionals and other individuals working in the fields of employee benefits and retirement savings; ``(B) Members of Congress and officials in the executive branch; ``(C) representatives of State and local governments; ``(D) representatives of private sector institutions, including individual employers, concerned about promoting the issue of retirement savings and facilitating savings among American workers; and ``(E) representatives of the general public. ``(2) Statutorily required participation.--The participants in the National Summit shall include the following individuals or their designees: ``(A) the Speaker and the Minority Leader of the House of Representatives; ``(B) the Majority Leader and the Minority Leader of the Senate; ``(C) the Chairman and ranking Member of the Committee on Education and the Workforce of the House of Representatives; ``(D) the Chairman and ranking Member of the Committee on Labor and Human Resources of the Senate; ``(E) the Chairman and ranking Member of the Special Committee on Aging of the Senate; ``(F) the Chairman and ranking Member of the Subcommittees on Labor, Health and Human Services, and Education of the Senate and House of Representatives; and ``(G) the parties referred to in subsection (b). ``(3) Additional participants.-- ``(A) In general.--There shall be not more than 200 additional participants. Of such additional participants-- ``(i) one-half shall be appointed by the President, in consultation with the elected leaders of the President's party in Congress (either the Speaker of the House of Representatives or the Minority Leader of the House of Representatives, and either the Majority Leader or the Minority Leader of the Senate; and ``(ii) one-half shall be appointed by the elected leaders of Congress of the party to which the President does not belong (one-half of that allotment to be appointed by either the Speaker of the House of Representatives or the Minority Leader of the House of Representatives, and one-half of that allotment to be appointed by either the Majority Leader or the Minority Leader of the Senate). ``(B) Appointment requirements.--The additional participants described in subparagraph (A) shall be-- ``(i) appointed not later than January 31, 1998; ``(ii) selected without regard to political affiliation or past partisan activity; and ``(iii) representative of the diversity of thought in the fields of employee benefits and retirement income savings. ``(4) Presiding officers.--The National Summit shall be presided over equally by representatives of the executive and legislative branches. ``(f) National Summit Administration.-- ``(1) Administration.--In administering this section, the Secretary shall-- ``(A) request the cooperation and assistance of such other Federal departments and agencies and other parties referred to in subsection (b) as may be appropriate in the carrying out of this section; ``(B) furnish all reasonable assistance to State agencies, area agencies, and other appropriate organizations to enable them to organize and conduct conferences in conjunction with the National Summit; ``(C) make available for public comment a proposed agenda for the National Summit that reflects to the greatest extent possible the purposes for the National Summit set out in this section; ``(D) prepare and make available background materials for the use of participants in the National Summit that the Secretary considers necessary; and ``(E) appoint and fix the pay of such additional personnel as may be necessary to carry out the provisions of this section without regard to provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. ``(2) Duties.--The Secretary shall, in carrying out the responsibilities and functions of the Secretary under this section, and as part of the National Summit, ensure that-- ``(A) the National Summit shall be conducted in a manner that ensures broad participation of Federal, State, and local agencies and private organizations, professionals, and others involved in retirement income savings and provides a strong basis for assistance to be provided under paragraph (1)(B); ``(B) the agenda prepared under paragraph (1)(C) for the National Summit is published in the Federal Register; and ``(C) the personnel appointed under paragraph (1)(E) shall be fairly balanced in terms of points of views represented and shall be appointed without regard to political affiliation or previous partisan activities. ``(3) Nonapplication of faca.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the National Summit. ``(g) Report.--The Secretary shall prepare a report describing the activities of the National Summit and shall submit the report to the President, the Speaker and Minority Leader of the House of Representatives, the Majority and Minority Leaders of the Senate, and the chief executive officers of the States not later than 90 days after the date on which the National Summit is adjourned. ``(h) Definition.--For purposes of this section, the term `State' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. ``(i) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated for fiscal years beginning on or after October 1, 1997, such sums as are necessary to carry out this section. ``(2) Authorization to accept private contributions.--In order to facilitate the National Summit as a public-private partnership, the Secretary may accept private contributions, in the form of money, supplies, or services, to defray the costs of the National Summit. ``(j) Financial Obligation for Fiscal Year 1998.--The financial obligation for the Department of Labor for fiscal year 1998 shall not exceed the lesser of-- ``(1) one-half of the costs of the National Summit; or ``(2) $250,000. The private sector organization described in subsection (b) and contracted with by the Secretary shall be obligated for the balance of the cost of the National Summit. ``(k) Contracts.--The Secretary may enter into contracts to carry out the Secretary's responsibilities under this section. The Secretary shall enter into a contract on a sole-source basis to ensure the timely completion of the National Summit in fiscal year 1998.''. (b) Conforming Amendment.--The table of contents in section 1 of such Act, as amended by section 3 of this Act, is amended by inserting after the item relating to section 516 the following new item: ``Sec. 517. National Summit on Retirement Savings.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Savings Are Vital to Everyone's Retirement Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 to direct the Secretary of Labor to maintain an ongoing program of outreach to the public to effectively promote retirement income savings by workers through: (1) public service announcements; (2) public meetings; (3) educational materials; and (4) a permanent site on the Internet. Includes among the information to be disseminated through such program: (1) a description of the common types of retirement income savings arrangements available to both individuals and employers, including small businesses; (2) a means for individuals to calculate their estimated retirement savings needs; and (3) an explanation for employers of how to establish and maintain different retirement savings arrangements for their workers. Directs the President to convene a National Summit on Retirement Income Savings, no later than July 15, 1998, and again in September 2001 and September 2005. Authorizes appropriations. Limits the Department of Labor's FY 1998 obligation for the National Summit to one-half its costs, or $250,000, whichever is less, with the balance to be made up by an organization of private sector businesses and associations partnered with Government entities to promote long-term financial security in retirement through savings.

Savings are Vital to Everyone's Retirement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Development Incentives Act''. SEC. 2. EXPANSION OF RENEWABLE RESOURCE CREDIT TO INCLUDE ALTERNATIVE RESOURCES. (a) In General.--Section 45(c)(1) of the Internal Revenue Code of 1986 (relating to qualified energy resources) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following: ``(D) alternative resources.''. (b) Definition of Alternative Resources.--Section 45(c) of the Internal Revenue Code of 1986 (relating to definitions) is amended by adding at the end the following: ``(5) Alternative Resources.-- ``(A) In general.--The term `alternative resources' means-- ``(i) solar, ``(ii) biomass (other than closed loop biomass), ``(iii) incremental hydropower, and ``(iv) geothermal energy. ``(B) Biomass.--The term `biomass' means any solid, nonhazardous, cellulosic waste material, which is segregated from other waste materials, and which is derived from-- ``(i) any of the following forest-related resources: mill residues, precommercial thinnings, slash, and brush, but not including old-growth timber or black liquor, ``(ii) agriculture sources, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop by-products or residues, or ``(iii) waste pallets, crates, and dunnage, and landscape or right-of-way tree trimmings, but not including-- ``(I) unsegregated municipal solid waste (garbage), or ``(II) post-consumer wastepaper which can be recycled affordably. ``(C) Incremental hydropower.--The term `incremental hydropower' means additional generating capacity achieved from-- ``(i) increased efficiency, or ``(ii) additions of new capacity, at a licensed non-Federal hydroelectric project originally placed in service before the date of enactment of this paragraph.''. (c) Qualified Facility.--Section 45(c)(3) of the Internal Revenue Code of 1986 (defining qualified facility) is amended by adding at the end the following: ``(D) Alternative resources facility.--In the case of a facility using alternative resources to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service after December 31, 1992.''. (d) Government-Owned Facility.--The text and heading of section 45(d)(6) of the Internal Revenue Code of 1986 (relating to credit eligibility in the case of government-owned facilities using poultry waste) is amended by inserting ``or alternative resources'' after ``poultry waste'' each place it appears. (e) Qualified Facilities With Co-Production.--Section 45(b) of the Internal Revenue Code of 1986 (relating to limitations and adjustments) is amended by adding at the end the following: ``(4) Increased credit for co-production facilities.-- ``(A) In general.--In the case of a qualified facility described in subsection (c)(3)(D) which has a co-production facility or a qualified facility described in subparagraph (A), (B), or (C) of subsection (c)(3) which adds a co-production facility after the date of the enactment of this paragraph, the amount in effect under subsection (a)(1) for an eligible taxable year of a the taxpayer shall (after adjustment under paragraphs (1), (2), and (3)) be increased by .25 cents. ``(B) Co-production facility.--For purposes of subparagraph (A), the term `co-production facility' means a facility which-- ``(i) enables a qualified facility to produce heat, mechanical power, or minerals from qualified energy resources in addition to electricity, and ``(ii) produces such energy on a continuous basis. ``(C) Eligible taxable year.--For purposes of subparagraph (A), the term `eligible taxable year' means any taxable year in which the amount of gross receipts attributable to the co-production facility of a qualified facility are at least 10 percent of the amount of gross receipts attributable to electricity produced by such facility.''. (f) Qualified Facilities Located Within Qualified Indian Lands.-- Section 45(b) of the Internal Revenue Code of 1986 (relating to limitations and adjustments), as amended by subsection (e), is amended by adding at the end the following: ``(5) Increased credit for qualified facility located within qualified indian land.--In the case of a qualified facility described in subsection (c)(3)(D) which-- ``(A) is located within-- ``(i) qualified Indian lands (as defined in section 7871(c)(3)), or ``(ii) lands which are held in trust by a Native Corporation (as defined in section 3(m) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)) for Alaska Natives, and ``(B) is operated with the explicit written approval of the Indian tribal government or Native Corporation (as so defined) having jurisdiction over such lands, the amount in effect under subsection (a)(1) for a taxable year shall (after adjustment under paragraphs (1), (2), (3), and (4)) be increased by .25 cents.''. (g) Effective Date.--The amendments made by this section shall apply to electricity and other energy produced in taxable years beginning after the date of the enactment of this Act. SEC. 2. ADDITIONAL MODIFICATIONS OF RENEWABLE RESOURCE CREDIT. (a) Credit May Be Transferred.--Section 45(d) of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following: ``(8) 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 agreements by the owner of a qualified facility-- ``(A) with any organization that purchases electricity from, or sells electricity for, such facility, or ``(B) if such owner is exempt from tax under this chapter.''. (b) Coordination With Other Credits.--Section 45(d) of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by adding at the end the following: ``(9) Coordination with other credits.--This section shall not apply to any qualified facility with respect to which the energy credit under section 48 is allowed for the taxable year unless the taxpayer elects to waive the application of such credit to such facility.''. (c) Expansion To Include Animal Waste.--Section 45 of the Internal Revenue Code of 1986 (relating to electricity produced from certain renewable resources) is amended-- (1) in the text and headings of subsections (c) and (d)(6), by inserting ``or other animal waste'' after ``poultry waste'' each place it appears, and (2) in subsection (c)(4), by inserting ``or other animal'' after ``poultry''. (d) Treatment of Qualified Facilities Not In Compliance With Pollution Laws.--Section 45(c)(3) of the Internal Revenue Code of 1986 (relating to qualified facilities), as amended by section 1(c), is amended by adding at the end the following: ``(E) Noncompliance with pollution laws.--For purposes of this paragraph, a facility which is not in compliance with the applicable State and Federal pollution prevention, control, and permit requirements for any period of time shall not be considered to be a qualified facility during such period.''. (e) Credit Allowable Against Regular and Minimum Tax.-- (1) In general.--Section 38(c) of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and inserting after paragraph (2) the following: ``(3) Special rules for renewable electricity production credit.-- ``(A) In general.--In the case of the renewable electricity production credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the renewable electricity production credit). ``(B) Renewable electricity production credit.--For purposes of this subsection, the term `renewable electricity production credit' means the credit allowable under subsection (a) by reason of section 45(a).''. (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the renewable electricity production credit'' after ``employment credit''. (f) Credit Made Permanent.--Section 45 of the Internal Revenue Code of 1986 is amended by striking subsection (f). (g) Expansion of Qualified Facility Dates.--Subparagraphs (A), (B), and (C) of section 45(c)(3) of the Internal Revenue Code of 1986 (relating to qualified facility) are each amended by striking ``, and before January 1, 2002''. (h) Effective Date.--The amendments made by this section shall apply to electricity and other energy produced in taxable years beginning after the date of the enactment of this Act.

Renewable Energy Development Incentives Act - Amends the Internal Revenue Code respecting the renewable resource credit to: (1) include alternative resources (solar, biomass, incremental hydropower, and geothermal energy); (2) provide an increased credit for certain co-production facilities, and for qualified facilities on Indian and Alaskan Native Indian lands; (3) provide for credit transferability; (4) require facility compliance with pollution laws; and (5) eliminate the January 1, 2002, placed-in-service date for purposes of qualified facility eligibility.

A bill to amend the Internal Revenue Code of 1986 to expand the credit for electricity produced from certain renewable resources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen Social Work Training Act of 2009''. SEC. 2. SOCIAL WORK STUDENTS. (a) Health Professions Schools.--Section 736(g)(1)(A) of the Public Health Service Act (42 U.S.C. 293(g)(1)(A)) is amended by inserting ``, including a graduate program in clinical social work or a program in social work'', after ``graduate program in behavioral or mental health''. (b) Scholarships.--Section 737(d)(1)(A) of the Public Health Service Act (42 U.S.C. 293a(d)(1)(A)) is amended by inserting ``(including a graduate program in clinical psychology, a graduate program in clinical social work, or a program in social work)'' after ``mental health practice''. (c) Loan Repayments and Fellowships Regarding Faculty Positions.-- Section 738(a) of the Public Health Service Act (42 U.S.C. 293b(a)) is amended-- (1) in paragraph (2)-- (A) subparagraph (A), by inserting ``social work,'' after ``nursing,''; (B) subparagraph (B), by inserting ``social work,'' after ``nursing,''; and (2) in paragraph (3), by inserting ``, including graduate programs in clinical psychology, graduate programs in clinical social work, or programs in social work'' after ``offering graduate programs in behavioral and mental health''. SEC. 3. GERIATRICS TRAINING PROJECTS. Section 753(b) of the Public Health Service Act (42 U.S.C. 294c(b)) is amended-- (a) in paragraph (1)-- (1) by inserting ``schools offering degrees in social work,'' after ``teaching hospitals,''; (2) by inserting ``(including social workers)'' after ``behavioral and mental health professionals''; and (3) by inserting ``(including geriatric social work)'' after ``geriatric behavioral or mental health''; (b) in paragraph (2)-- (1) in subparagraph (C)-- (A) by inserting ``(including social workers)'' after ``mental health professionals''; and (B) by inserting ``(including social work)'' after ``geriatric behavioral or mental health''; and (2) in subparagraph (d), by striking ``geriatrics or behavioral or mental health'' and inserting ``geriatrics, behavioral or mental health, or social work''; and (c) in paragraph (3)(A)(iii)-- (1) by inserting ``(including social workers)'' after ``behavioral and mental health professionals''; and (2) by inserting ``or departments of social work'' after ``departments of behavioral or mental health''. SEC. 4. SOCIAL WORK TRAINING PROGRAM. Subpart 2 of part E of title VII of the Public Health Service Act (42 U.S.C. 295 et seq.) is amended-- (1) by redesignating section 770 as section 770A; (2) by inserting after section 769, the following: ``SEC. 770. SOCIAL WORK TRAINING PROGRAM. ``(a) Training.--The Secretary may make grants to, or enter into contracts with, any public or nonprofit private hospital, any school offering a program in social work, or any public or private nonprofit entity that the Secretary has determined is capable of carrying out such grant or contract-- ``(1) to plan, develop, and operate, or participate in, an approved social work training program (including an approved residency or internship program) for students, interns, residents, or practicing physicians; ``(2) to provide financial assistance (in the form of traineeships and fellowships) to students, interns, residents, practicing physicians, or other individuals, who-- ``(A) are in need of such assistance; ``(B) are participants in any such program; and ``(C) plan to specialize or work in the practice of social work; ``(3) to plan, develop, and operate a program for the training of individuals who plan to teach in a social work training program; and ``(4) to provide financial assistance (in the form of traineeships and fellowships) to individuals who are participants in any such traineeship or fellowship program and who plan to teach in a social work training program. ``(b) Academic Administrative Units.-- ``(1) In general.--The Secretary may award grants to, or enter into contracts with, schools offering programs in social work to meet the costs of projects to establish, maintain, or improve academic administrative units (which may be departments, divisions, or other units) to provide clinical instruction in social work. ``(2) Preference in making awards.--In awarding grants and contracts under paragraph (1), the Secretary shall give preference to any qualified applicant for such an award that agrees to expend the award for the purpose of-- ``(A) establishing an academic administrative unit for a program in social work; or ``(B) substantially expanding the programs of such a unit. ``(c) Duration of Award.--The period during which payments are made to an entity from an award of a grant or contract under subsection (a) may not exceed 5 years. The provision of such payments shall be subject to annual approval by the Secretary and subject to the availability of appropriations for the fiscal year involved to make the payments. ``(d) Funding.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2010, 2011, and 2012. ``(2) Allocation.--Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall make available not less than 20 percent for awards of grants and contracts under subsection (b).''; and (3) in section 770A, as redesignated by paragraph (1), by inserting ``except for section 770,'' after ``carrying out this subpart,''. SEC. 5. CLINICAL SOCIAL WORKER SERVICES. Section 1302 of the Public Health Service Act (42 U.S.C. 300e-1) is amended-- (1) in paragraphs (1) and (2), by inserting ``clinical social worker,'' after ``psychologist,'' each place the term appears; (2) in paragraph (4)(A), by striking ``and psychologists'' and inserting ``psychologists, and clinical social workers''; and (3) in paragraph (5), by inserting ``clinical social work,'' after ``psychology,''.

Strengthen Social Work Training Act of 2009 - Amends the Public Health Service Act to include a graduate program in clinical social work or a program in social work among health professions schools eligible for grants to support programs for underrepresented minorities. Includes graduate programs in clinical psychology, graduate programs in clinical social work, and programs in social work among health education programs eligible for grants to: (1) provide scholarships to disadvantaged students; and (2) offer faculty positions to disadvantaged students. Allows the Secretary of Health and Human Services (HHS) to make grants to, and enter into contracts with: (1) schools offering degrees in social work to provide support for geriatric training projects; (2) hospitals, schools, or other entities to plan, develop, and operate or participate in an approved social work training program and to provide financial assistance to program participants that are planning to specialize, work, or teach in the field of social work; and (3) schools offering social work programs to establish, maintain, or improve academic administrative units to provide clinical instruction in social work. Authorizes health maintenance organizations (HMOs) to offer health services through a clinical social worker as provided for under state law.

A bill to amend title VII of the Public Health Service Act to ensure that social work students or social work schools are eligible for support under certain programs that would assist individuals in pursuing health careers or for grants for training projects in geriatrics, and to establish a social work training program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighter Fatality Reduction Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year in the United States, over 100 firefighters die in the line of duty, while an additional tens of thousands of firefighters are injured. (2) The Federal Government has a vested interest in protecting firefighter health and safety, as it relies on local fire departments to efficiently and effectively implement the National Response Framework in the response to major disasters. (3) Adequate training, proper personal protective equipment, safe staffing levels, safe operating procedures, and physical and mental fitness of firefighters can reduce avoidable firefighter fatalities. (4) The fire services, in conjunction with Government agencies and interested private-sector parties, has partnered with standards-making bodies to develop national consensus standards for safe fire department operations and fire fighting capabilities. (5) Such standards are widely respected and promoted by all facets of the fire service to better ensure firefighter health and safety. (6) Through its Firefighter Fatality Investigation and Prevention Program, the National Institute for Occupational Safety and Health has identified the failure to follow specific national consensus standards as a contributing factor in many firefighter deaths. (7) A comprehensive accounting of fire department compliance with national consensus standards would help policy makers seeking to enhance public safety and reduce avoidable firefighter fatalities. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``fire department'' includes a career, volunteer, or combination fire department operated by the Federal Government, a State, or a local government; (2) the term ``fire service'' has the meaning given that term in section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203); (3) the term ``national consensus standards'' means the most recently issued national consensus standards for staffing, training, safe operations, personal protective equipment, and fitness relating to fire department operations and firefighting practices, as of the date of the enactment of this Act. (4) the term ``Secretary'' means the Secretary of Homeland Security; and (5) the term ``Task Force'' means the Task Force to Enhance Firefighter Safety established under section 5(a). SEC. 4. SURVEY BY THE DEPARTMENT OF HOMELAND SECURITY. (a) Survey Required.--Not later than 120 days after the date of enactment of this Act, the Secretary shall begin to conduct a survey of each fire department located in the United States, under which the Secretary shall determine whether each such fire department is in compliance with national consensus standards. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the findings of the survey required under subsection (a), including an accounting of whether each fire department located in the United States is in compliance with national consensus standards. SEC. 5. ESTABLISHMENT OF TASK FORCE TO ENHANCE FIREFIGHTER SAFETY. (a) Establishment.--Not later than 120 days after the date on which the Secretary submits the report to Congress required under section 4(b), the Secretary shall establish a task force to be known as the Task Force to Enhance Firefighter Safety. (b) Membership.-- (1) In general.--The members of the Task Force shall be appointed by the Secretary and shall include-- (A) representatives of national organizations representing firefighters and fire chiefs; (B) individuals representing standards-setting and accrediting organizations relating to fire department operations and firefighting practices, including representatives from the voluntary consensus codes and standards development community; and (C) other individuals as the Secretary determines to be appropriate. (2) Representatives of other departments and agencies.--The Secretary may invite representatives of other departments and agencies of the Federal Government that have an interest in the fire service to participate in the meetings and other activities of the Task Force. (3) Number; terms of service; pay and allowances.--The Secretary shall determine the number, terms of service, and pay and allowances of members of the Task Force appointed by the Secretary, except that a term of service of any such member may not exceed 2 years. (c) Responsibilities.--The Task Force shall develop a plan to enhance firefighter safety by increasing fire department compliance with national consensus standards. In developing the plan under this subsection, the Task Force shall consider ways in which the Federal Government, States, and local governments can promote, encourage, or require fire departments to comply with national consensus standards. (d) Report to Congress.--Not later than 1 year after the date on which the Secretary establishes the Task Force, the Task Force shall submit to Congress and the Secretary a report containing the findings and recommendations of the Task Force together with the plan described in subsection (c).

Firefighter Fatality Reduction Act of 2008 - Directs the Secretary of Homeland Security to: (1) conduct a survey of and report to Congress on the compliance of fire departments in the United States with national consensus standards for staffing, training, safe operations, personal protective equipment, and fitness relating to fire department operations and firefighting practices; and (2) establish a Task Force to Enhance Firefighter Safety to develop a plan to enhance firefighter safety by increasing compliance with such standards and to consider ways in which the federal government, states, and local governments can promote, encourage, or require compliance.

A bill to direct the Secretary of Homeland Security to conduct a survey to determine the level of compliance with national consensus standards and any barriers to achieving compliance with such standards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``At-Birth Abandoned Baby Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) each year thousands of babies throughout the United States are abandoned by their parents shortly after birth, such as when a mother gives birth at a hospital under an assumed name and address and then disappears afterwards, leaving the baby behind, when the whereabouts of the parents are unknown, and when babies are left to die in garbage dumpsters because their mothers cannot care for them; (2) babies who are abandoned during the formative months occurring shortly after birth are denied the ability to bond with a loving parent or parents; (3) the process of attachment or bonding between a baby and the same adults is essential to the development of a healthy personality in the baby; (4) the Inspector General of the Department of Health and Human Services, in the February 1990 report entitled ``Crack Babies'', states that legislation ``should reduce barriers to placing drug exposed infants into foster care and adoptive homes and establish `fast track' procedures to expedite child welfare cases involving drug abuse''; and (5) according to experts, current legal rules and agency policies make it exceedingly difficult and time consuming to terminate parental rights of those parents who truly abandon their babies, and as a result very few of those abandoned babies are available for adoption; (6) the welfare of babies abandoned during the formative months occurring shortly after birth is of such special interest and concern to our society that if there are persons desiring to adopt and parentally bond with such a baby, the baby should be afforded the right to expeditious placement with, and adoption by, such persons; and (7) other steps should be taken to expedite the adoption of babies who are abandoned during the formative months occurring shortly after birth. SEC. 3. PURPOSE. The purpose of this Act is to require States to implement a system that will expedite the initiation of the adoption process for babies abandoned at birth. In doing so, States shall appoint competent persons to be preadoptive parents for babies abandoned at birth in order to provide a proper and loving home during the infants' formative months. The preadoptive parents will also be responsible for initiating legal proceedings that could lead to the legal adoption of the infant. Once the proceedings have been initiated, the State courts of proper jurisdiction will continue to be responsible for the final decision, taking into account the legal rights of all the parties involved, including the baby abandoned at birth, the natural parents, the preadoptive parents, and the State. SEC. 4. ADOPTION BY PREADOPTIVE PARENTS OF BABIES ABANDONED AT BIRTH. (a) Certain State Laws Required as Condition of Approving State Plan for Foster Care and Adoption Assistance.-- (1) In general.--Section 471 of the Social Security Act (42 U.S.C. 671) is amended by adding at the end the following: ``(c)(1) The Secretary shall not approve a State plan under this part unless there is in effect in the State laws and rules of law which provide all of the following: ``(A) Within 30 days after the State obtains custody of a baby abandoned at birth, the State shall-- ``(i) find 1 or more individuals to be the preadoptive parents of the baby; ``(ii) designate such individual or individuals as the preadoptive parents of the baby; and ``(iii) place the baby with such individual or individuals. ``(B)(i) During the 90-day period beginning on the date a baby abandoned at birth is placed with the preadoptive parents of the baby, the preadoptive parents shall have the right to petition the courts of the State for an expedited hearing-- ``(I) to terminate the parental rights of all other persons with respect to the baby; and ``(II) to become the adoptive parents of the baby. ``(ii) In determining whether to grant a petition described in clause (i), the courts of the State shall not draw any inference adverse to the interests of a petitioner by reason of the present or former status of any petitioner as a foster parent. ``(C) If the preadoptive parents of a baby abandoned at birth fail to file a petition described in subparagraph (B)(i) during the 90-day period described in subparagraph (B)(i), the State shall-- ``(i) immediately revoke their designation as the preadoptive parents of the baby; and ``(ii) within 30 days after the end of such 90-day period-- ``(I) find 1 or more individuals (other than the former preadoptive parents of the baby) to be the new preadoptive parents of the baby; ``(II) designate such individual or individuals as the preadoptive parents of the baby; and ``(III) place the baby with such individual or individuals. ``(2) As used in this subsection: ``(A) The term `baby abandoned at birth' means a child who-- ``(i) has been physically abandoned by the parents or legal guardians of the child for a time during the critical period; and ``(ii) has not attained the age of 18 months. ``(B) The term `critical period' means, with respect to a child, the period beginning with the date the child is born and ending with-- ``(i) a date which may be specified by State law, if such date occurs not earlier than 3 months, and not later than 6 months, after the date the child is born; or ``(ii) the date the child attains the age of 6 months, if State law fails to specify a date in accordance with clause (i). ``(3) The provisions and rules of State law that are enacted or adopted pursuant to this subsection shall not be construed to affect any provision or rule of State law with respect to the abandonment of children that is not so enacted or adopted, except to the extent that such provisions or rules of State law are in direct conflict.''. (2) Conforming amendment.--Section 471(b) of such Act (42 U.S.C. 671(b)) is amended by striking ``the provisions of subsection (a) of this section'' and inserting ``subsections (a) and (c)''. (b) Babies Abandoned at Birth Treated as Children With Special Needs for Purposes of Adoption Assistance Program.-- (1) In general.--Section 473 of such Act (42 U.S.C. 673) is amended by adding at the end the following: ``(d) Notwithstanding subsection (c), for purposes of this section, a child who is or was a baby abandoned at birth (as defined in section 471(c)(2)(A)) shall be considered a child with special needs.''. (2) Applicability.--The amendment made by paragraph (1) shall not apply to any child who attains the age of 18 months before the date of the enactment of this Act. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall apply to payments under title IV of the Social Security Act for calendar quarters beginning after the calendar quarter in which this Act is enacted. (b) Delay Permitted if State Legislation Required.--In the case of a State plan approved under title IV 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 Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st 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.

At-Birth Abandoned Baby Act of 1993 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require States to place babies abandoned at birth with preadoptive parents within 30 days of obtaining custody of such babies, and to find new preadoptive parents for such babies if the initial preadoptive parents do not petition the courts of the State within 90 days of receiving them for an expedited hearing to become their permanent adoptive parents. Treats such babies as children with special needs, thus qualifying their adoptive parents for adoption assistance.

At-Birth Abandoned Baby Act of 1993

(a) Short Title.--This Act may be cited as the ``Native American Programs Amendments of 1996''. (b) Native American Community Development Financial Institution.-- (1) Authority for grant.--Section 803A of the Native American Programs Act of 1974 (42 U.S.C. 2991b-1) is amended to read as follows: ``SEC. 803A. ESTABLISHMENT OF NATIVE AMERICAN COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION. ``(a) Authority To Make One Grant.--From funds appropriated to carry out this title and subject to subsection (c), the Commissioner shall make 1 grant to 1 eligible Hawaiian entity to establish and operate a Native Hawaiian community development financial institution for purposes of providing technical assistance and loans to Native Hawaiians for economic development in the State of Hawaii. ``(b) Eligibility To Receive Grant.--To be eligible to receive the grant authorized by subsection (a), a Hawaiian entity shall submit to the Commissioner, in such form and containing such information as the Commissioner may require, an application that includes the following: ``(1) An assurance that such entity will, as a condition of receiving such grant, contribute to the Native Hawaiian community development financial institution to be established operated with such grant, an amount of capital from non-Federal sources that is not less than the amount of such grant. ``(2) Information that demonstrates that the Native Hawaiian community development financial institution proposed to be established and operated by such entity will be capable of operating, and will operate, successfully, on a self- sustaining basis after receiving such grant and such capital. ``(c) Selection of Grantee.--The Commissioner may make the grant authorized by subsection (a) only to 1 eligible Hawaiian entity whose application submitted in accordance with subsection (b) satisfies the Commissioner that the Native Hawaiian community development financial institution proposed to be established and operated by such entity will successfully carry out the purposes specified in subsection (a).''. (2) Definitions.--Section 815 of the Native American Programs Act of 1974 (42 U.S.C. 2992C) is amended-- (A) in paragraph (4) by adding ``and'' at the end, (B) in paragraph (5) by striking ``; and'' and inserting a period at the end, (C) in paragraph (6) by striking the period at the end and inserting a semicolon, (D) by redesignating paragraphs (2), (3), (4), (5), and (6) as paragraphs (3), (5), (8), (9), and (4), respectively, (E) by inserting after paragraph (1) the following: ``(2) `Hawaiian entity' means-- ``(A) the Office of Hawaiian Affairs of the State of Hawaii, ``(B) a Native Hawaiian organization, or ``(C) the Office of Hawaiian Affairs of the State of Hawaii and 1 Native Hawaiian organization, acting jointly;'' (F) by transferring paragraph (4), as so redesignated, so as to insert such paragraph after paragraph (3), as so redesignated, and (G) by inserting after paragraph (5), as so redesignated the following: ``(6) `Native Hawaiian community development financial institution' means a person (other than an individual) that-- ``(A) qualifies as a community development financial institution, as defined in section 102(5) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702(5)); ``(B) satisfies the requirements applicable under such Act to applicants for assistance from the Community Development Financial Institutions Fund established under section 104(a) of such Act; ``(C) demonstrates a special interest and expertise in serving the primary economic development and mortgage lending needs of the Native Hawaiian community; and ``(D) demonstrates that it has the endorsement of the Native Hawaiian community; ``(7) `Native Hawaiian organization' means an organization serving Native Hawaiians in the State of Hawaii that-- ``(A) is a nonprofit organization; ``(B) is controlled by Native Hawaiians; and ``(C) whose business activities will principally benefit Native Hawaiians ;''. (c) Additional Provision.--Section 812 of the Native American Programs Act of 1974 (42 U.S.C. 2992a) is repealed. (d) Authorization of Appropriations.--Section 816 of the Native American Programs Act of 1974 (42 U.S.C. 2992d) is amended to read as follows: ``SEC. 816. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title $35,000,000 for fiscal year 1997 and such sums as may be necessary for fiscal years 1998, 1999, 2000, and 2001.''. (e) Effective Date; Transition Provisions.-- (1) Effective date.--Except as provided in paragraphs (2) and (3), this Act and the amendments made by this Act shall take effect on October 1, 1996. (2) Special effective date.--Subsection (d) shall take effect on the date of the enactment of this Act. (3) Transition provision.--Section 803A as in effect before October 1, 1996, shall remain in effect with respect to all funds made available under such section before such date.

Native American Programs Amendments of 1996 - Authorizes the Commissioner of the Office of Hawaiian Affairs of the State of Hawaii to make one grant to one eligible Hawaiian entity to establish and operate a Native Hawaiian community development financial institution. Sets forth eligibility requirements. Authorizes appropriations.

Native American Programs Amendments of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Foreign Intelligence Surveillance to Defend the Nation and the Constitution Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to facilitate the acquisition of foreign intelligence information by providing for the electronic surveillance of persons reasonably believed to be outside the United States pursuant to methodologies proposed by the Attorney General, reviewed by the Foreign Intelligence Surveillance Court, and applied by the Attorney General without further court approval, unless otherwise required under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). SEC. 3. ADDITIONAL PROCEDURE FOR AUTHORIZING CERTAIN ELECTRONIC SURVEILLANCE. (a) In General.--The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by inserting after section 105 the following: ``clarification of electronic surveillance of persons outside the united states ``Sec. 105A. Notwithstanding any other provision of this Act, a court order is not required for the acquisition of the contents of any communication between persons that are not located within the United States for the purpose of collecting foreign intelligence information, without respect to whether the communication passes through the United States or the surveillance device is located within the United States. ``additional procedure for authorizing certain electronic surveillance ``Sec. 105B. (a) In General.--Notwithstanding any other provision of this title, the Attorney General, upon the authorization of the President, may apply to a judge of the court established under section 103(a) for an ex parte order, or an extension of an order, authorizing electronic surveillance for periods of not more than 1 year, for the purpose of acquiring foreign intelligence information, in accordance with this section. ``(b) Application.-- ``(1) Specific persons and places not required.--An application for an order, or extension of an order, submitted under subsection (a) shall not be required to identify-- ``(A) the persons, other than a foreign power, against whom electronic surveillance will be directed; or ``(B) the specific facilities, places, premises, or property at which the electronic surveillance will be directed. ``(2) Contents.--An application for an order, or extension of an order, submitted under subsection (a) shall include-- ``(A) a statement that the electronic surveillance is directed at persons reasonably believed to be outside the United States; ``(B) the identity of the Federal officer seeking to conduct such electronic surveillance; ``(C) a description of-- ``(i) the methods to be used by the Attorney General to determine, during the duration of the order, that there is a reasonable belief that the targets of the electronic surveillance are persons outside the United States; and ``(ii) the procedures to audit the implementation of the methods described in clause (i) to achieve the objective described in that clause; ``(D) a description of the nature of the information sought, including the identity of any foreign power against whom electronic surveillance will be directed; and ``(E) a statement of the means by which the electronic surveillance will be effected and such other information about the surveillance techniques to be used as may be necessary to assess the proposed minimization procedures. ``(c) Application Approval; Order.-- ``(1) Application approval.--A judge considering an application for an order, or extension of an order, submitted under subsection (a) shall approve such application if the Attorney General certifies in writing under oath, and the judge upon consideration of the application determines, that-- ``(A) the acquisition does not constitute electronic surveillance within the meaning of paragraph (1) or (3) of section 101(f); ``(B) the methods described by the Attorney General under subsection (b)(2)(B)(i) are reasonably designed to determine whether the persons are outside the United States; ``(C) a significant purpose of the electronic surveillance is to obtain foreign intelligence information; and ``(D) the proposed minimization procedures meet the definition of minimization procedures under section 101(h). ``(2) Order.--A judge approving an application pursuant to paragraph (1) shall issue an order that-- ``(A) authorizes electronic surveillance as requested, or as modified by the judge; ``(B) requires a communications service provider, custodian, or other person who has the lawful authority to access the information, facilities, or technical assistance necessary to accomplish the electronic surveillance, upon the request of the applicant, to furnish the applicant forthwith with such information, facilities, or technical assistance in a manner that will protect the secrecy of the electronic surveillance and produce a minimum of interference with the services that provider, custodian, or other person is providing the target of electronic surveillance; ``(C) requires such communications service provider, custodian, or other person, upon the request of the applicant, to maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished; ``(D) directs the Federal Government to compensate, at the prevailing rate, a person for providing information, facilities, or assistance pursuant to such order; and ``(E) directs the applicant to follow the minimization procedures as proposed or as modified by the court. ``(3) Assessment of compliance with minimization procedures.--At or before the end of the period of time for which electronic surveillance is approved by an order or an extension under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated. ``(d) Guidelines for Surveillance of United States Persons.--Not later than 15 days after the date of the enactment of this section, the Attorney General shall establish guidelines that are reasonably designed to ensure that an application is filed under section 104, if otherwise required by this Act, when the Attorney General seeks to initiate electronic surveillance, or continue electronic surveillance that began under this section, of a United States person. ``(e) Submission of Orders, Guidelines, and Audits.-- ``(1) Orders.--Upon the entry of an order under subsection (c)(2), the Attorney General shall submit to the appropriate committees of Congress such order. ``(2) Guidelines.--Upon the establishment of the guidelines under subsection (d), the Attorney General shall submit to the appropriate committees of Congress and the court established under section 103(a) such guidelines. ``(3) Audits.--Not later than 60 days after the date of the enactment of this section, and every 60 days thereafter until the expiration of all orders issued under this section, the Inspector General of the Department of Justice shall complete an audit on the compliance with the guidelines established under subsection (d) and shall submit to the appropriate committees of Congress, the Attorney General, the Director of National Intelligence, and the court established under section 103(a)-- ``(A) the results of such audit; ``(B) a list of any targets of electronic surveillance under this section determined to be in the United States; and ``(C) the number of persons in the United States whose communications have been intercepted under this section. ``(f) Immediate Emergency Authorization.-- ``(1) In general.--Notwithstanding any other provision of this title, during the first 15 days following the date of the enactment of this section, upon the authorization of the President, the Attorney General may authorize electronic surveillance without a court order under this title until the date that is 15 days after the date on which the Attorney General authorizes such electronic surveillance if the Attorney General determines-- ``(A) that an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; and ``(B) the electronic surveillance will be directed at persons reasonably believed to be outside the United States. ``(2) Pending order.-- ``(A) Initial extension.--If at the end of the period in which the Attorney General authorizes electronic surveillance under paragraph (1), the Attorney General has submitted an application for an order under subsection (a) but the court referred to in section 103(a) has not approved or disapproved such application, such court may authorize the Attorney General to extend the emergency authorization of electronic surveillance under paragraph (1) for not more than 15 days. ``(B) Subsequent extension.--If at the end of the extension of the emergency authorization of electronic surveillance under subparagraph (A) the court referred to in section 103(a) has not approved or disapproved the application referred to in subparagraph (A), such court may authorize the Attorney General to extend the emergency authorization of electronic surveillance under paragraph (1) for not more than 15 days. ``(3) Maximum length of authorization.--Notwithstanding paragraphs (1) and (2), in no case shall electronic surveillance be authorized under this subsection for a total of more than 45 days without a court order under this title. ``(4) Minimization procedures.--The Attorney General shall ensure that any electronic surveillance conducted pursuant to paragraph (1) or (2) is in accordance with minimization procedures that meet the definition of minimization procedures in section 101(h). ``(5) Information, facilities, and technical assistance.-- Pursuant to an authorization of electronic surveillance under this subsection, the Attorney General may direct a communications service provider, custodian, or other person who has the lawful authority to access the information, facilities, or technical assistance necessary to accomplish such electronic surveillance to-- ``(A) furnish the Attorney General forthwith with such information, facilities, or technical assistance in a manner that will protect the secrecy of the electronic surveillance and produce a minimum of interference with the services that provider, custodian, or other person is providing the target of electronic surveillance; and ``(B) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished. ``(g) Prohibition on Liability for Providing Assistance.--Section 105(i), relating to protection from liability for the furnishing of information, facilities, or technical assistance pursuant to a court order under this Act, shall apply to this section. ``(h) Effect of Section on Other Authorities.--The authority under this section is in addition to the authority to conduct electronic surveillance under sections 104 and 105. ``(i) Appropriate Committees of Congress Defined.--In this section, the term `appropriate committees of Congress' means-- ``(1) the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and ``(2) the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives.''. (b) Technical and Conforming Amendment.--The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by inserting after the item relating to section 105 the following: ``Sec. 105A. Clarification of electronic surveillance of persons outside the United States. ``Sec. 105B. Additional procedure for authorizing certain electronic surveillance.''. (c) Sunset.-- (1) In general.--Except as provided in paragraph (2), effective on the date that is 120 days after the date of the enactment of this Act, sections 105A and 105B of the Foreign Intelligence Surveillance Act of 1978, as added by subsection (a), are hereby repealed. (2) Exception.--Any order under section 105B of the Foreign Intelligence Surveillance Act of 1978, as added by this Act, in effect on such date that is 120 days after the date of the enactment of this Act, shall continue in effect until the date of the expiration of such order.

Improving Foreign Intelligence Surveillance to Defend the Nation and the Constitution Act of 2007 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to provide that a court order is not required for the acquisition of communication between non-U.S. persons who are not located within the United States for collecting foreign intelligence information, whether or not the communication passes through the United States or the surveillance device is located within the United States. Allows the Attorney General (AG), upon authorization of the President, to apply to the Foreign Intelligence Surveillance Court (Court) for an order, or the extension of an order, authorizing for up to one year the acquisition of communications of persons outside the United States who are non-U.S. persons. Allows the AG to authorize such surveillance without a court order for up to 15 days if the AG determines that an emergency situation exists with respect to obtaining such information before an order authorizing the surveillance can be obtained. Authorizes the AG, in either case, to direct a communications service provider, custodian, or other person who has access to such information to furnish the AG with the required information and to maintain appropriate records concerning acquisition of the information.

To amend the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for authorizing certain electronic surveillance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Security Administration Efficiency and Flexibility Act of 2011''. SEC. 2. EXCLUSION OF EMPLOYEES OF THE TRANSPORTATION SECURITY ADMINISTRATION FROM THE COLLECTIVE BARGAINING RIGHTS OF FEDERAL EMPLOYEES. (a) In General.--Section 7103(a) of title 5, United States Code, is amended-- (1) in paragraph (2)-- (A) in clause (iv), by striking ``; or'' and inserting a semicolon; (B) in clause (v), by striking the semicolon and inserting ``; or''; and (C) by adding at the end the following: ``(vi) an officer or employee of the Transportation Security Administration of the Department of Homeland Security;''; and (2) in paragraph (3)-- (A) in subparagraph (G), by striking ``; or'' and inserting a semicolon; (B) in subparagraph (H), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(I) the Transportation Security Administration of the Department of Homeland Security;''. (b) Amendments to Title 49.-- (1) Transportation security administration.--Section 114(n) of title 49, United States Code, is amended by adding ``This subsection shall be subject to section 7103(a)(2)(vi) and (3)(I) of title 5, United States Code.'' at the end. (2) Personnel management system.--Section 40122 of title 49, United States Code, is amended-- (A) by redesignating subsection (j) as subsection (k); and (B) by inserting after subsection (i) the following: ``(j) Transportation Security Administration.--Notwithstanding any other provision of this section (including subsection (g)(2)(C)), this section shall be subject to section 7103(a) (2)(vi) and (3)(I) of title 5, United States Code.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and apply to any collective bargaining agreement (as defined under section 7103(a)(8) of title 5, United States Code) entered into on or after that date, including the renewal of any collective bargaining agreement in effect on that date. SEC. 3. EMPLOYEE RIGHTS AND ENGAGEMENT MECHANISM FOR PASSENGER AND PROPERTY SCREENERS. (a) Labor Organization Membership; Appeal Rights; Engagement Mechanism for Workplace Issues.-- (1) In general.--Section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note) is amended-- (A) by striking ``Notwithstanding'' and inserting the following: ``(1) In general.--Except as provided in section 883 of the Homeland Security Act of 2002 (6 U.S.C. 463) and paragraphs (2) through (5), notwithstanding''; and (B) by adding at the end the following: ``(2) Labor organization membership.--Nothing in this section shall be construed to prohibit an individual described in paragraph (2) from joining a labor organization. ``(3) Right to appeal adverse action.--An individual employed or appointed to carry out the screening functions of the Administrator under section 44901 of title 49, United States Code, may submit an appeal of an adverse action covered by section 7512 of title 5, United States Code, and finalized after the date of the enactment of the FAA Air Transportation Modernization and Safety Improvement Act, to the Merit Systems Protection Board and may seek judicial review of any resulting orders or decisions of the Merit Systems Protection Board. ``(4) Employee engagement mechanism for addressing workplace issues.--At every airport at which the Transportation Security Administration screens passengers and property under section 44901 of title 49, United States Code, the Administrator shall provide a collaborative, integrated employee engagement mechanism to address workplace issues.''. (2) Conforming amendments.--Section 111(d)(1) of such Act, as redesignated by paragraph (1)(A), is amended-- (A) by striking ``Under Secretary of Transportation for Security'' and inserting ``Administrator of the Transportation Security Administration''; and (B) by striking ``Under Secretary'' each place it appears and inserting ``Administrator''. (b) Whistleblower Protections.--Section 883 of the Homeland Security Act of 2002 (6 U.S.C. 463) is amended, in the matter preceding paragraph (1), by inserting ``, or section 111(d) of the Aviation and Transportation Security Act (49 U.S.C. 44935 note),'' after ``this Act''.

Transportation Security Administration Efficiency and Flexibility Act of 2011 - Excludes officers and employees of Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) from the right of federal employees to bargain collectively. Subjects also to such exclusion the Federal Aviation Administration (FAA) personnel management system as it applies to TSA employees. Amends the Aviation and Transportation Security Act to provide that, notwithstanding the authority of the TSA Administrator to fix the terms and conditions of employment of TSA screeners, nothing shall prohibit such an employee from joining a labor organization. Authorizes screeners to: (1) appeal to the Merit Systems Protection Board adverse actions brought against them which are finalized after enactment of the FAA Air Transportation Modernization and Safety Improvement Act, and (2) seek judicial review of any resulting Board orders or decisions. Requires the FAA Administrator to provide to TSA screeners with a collaborative, integrated employee engagement mechanism to address workplace issues. Amends the Homeland Security Act of 2003 to apply certain whistleblower protections to DHS employees.

A bill to exclude employees of the Transportation Security Administration from the collective bargaining rights of Federal employees and provide employment rights and an employee engagement mechanism for passenger and property screeners.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Take Back Your Health Act of 2009''. SEC. 2. COVERAGE OF INTENSIVE LIFESTYLE TREATMENT. (a) Intensive Lifestyle Treatment Program.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (s)(2)-- (i) in subparagraph (DD) by striking ``and'' at the end; (ii) in subparagraph (EE) by inserting ``and'' at the end; and (iii) by adding at the end the following new subparagraph: ``(FF) items and services furnished under an intensive lifestyle treatment program (as defined in paragraph (hhh)(1)) to eligible beneficiaries (as defined in paragraph (hhh)(4));''; and (B) by adding at the end the following new subsection: ``Intensive Lifestyle Treatment Program ``(hhh)(1) The term `intensive lifestyle treatment program' means a physician-supervised program (as defined in paragraph (2)) that furnishes the items and services described in paragraph (3) intended to beneficially affect the progression of chronic diseases to eligible beneficiaries (as defined in paragraph (4)). ``(2) A program described in this paragraph is a program under which-- ``(A) items and services under the program are delivered-- ``(i) in a physician's office or clinic; ``(ii) in a hospital on an outpatient basis; or ``(iii) in other settings determined appropriate by the Secretary; ``(B) a physician (as defined in section 1861(r)(1)) is immediately available and accessible for medical consultation and medical emergencies at all times items and services are being furnished under the program, except that, in the case of items and services furnished under such a program in a hospital, such availability shall be presumed; ``(C) individualized treatment is furnished under a written plan established and designed by a physician (as so defined) in advance of the start of the program and reviewed and signed by a physician every 60 days that describes-- ``(i) the individual's diagnosis; ``(ii) the type, amount, frequency, and duration of the items and services furnished under the plan; and ``(iii) the goals set for the individual under the plan; ``(D) items and services may be provided in a series of 72 one-hour sessions (as defined in section 1848(b)(6)), up to 6 sessions per day, over a period of 18 weeks, and may include group sessions with up to 15 other eligible beneficiaries; and ``(E) items and services may be provided-- ``(i) by an intensive lifestyle team; ``(ii) under the direction of a physician (as so defined); and ``(iii) if determined appropriate by the Secretary, in the case of such items and services provided in underserved areas, by a physician assistant, nurse practitioner, or clinical nurse specialist as provided under State law. ``(3) The items and services described in this paragraph are-- ``(A) exercise; ``(B) risk factor modification, including education, counseling, and behavioral intervention (to the extent such education, counseling, and behavioral intervention is closely related to the individual's care and treatment and is tailored to the individual's needs); ``(C) psychosocial assessment; ``(D) provider consultation; ``(E) care coordination; ``(F) medication management; ``(G) medical nutritional therapy; ``(H) tobacco cessation; ``(I) outcomes assessment; and ``(J) such other items and services as the Secretary determines appropriate, but only if such items and services are-- ``(i) reasonable and necessary for the diagnosis or active treatment of the individual's condition; ``(ii) reasonably expected to improve or maintain the individual's condition and functional level; and ``(iii) furnished under such guidelines relating to the frequency and duration of such items and services as the Secretary shall establish, taking into account accepted norms of medical practice and the reasonable expectation of improvement of the individual. ``(4) The term `eligible beneficiary' means an individual who is entitled to, or enrolled for, benefits under part A and enrolled under this part and who has been diagnosed with 1 or more of the following conditions: ``(A) Coronary heart disease. ``(B) Type 2 diabetes. ``(C) Metabolic syndrome. ``(D) Prostate cancer. ``(E) Breast cancer.''. (2) Payment for intensive lifestyle treatment programs.-- (A) Inclusion in physicians' services.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w- 4(j)(3)) is amended by inserting ``(2)(FF),'' after ``(2)(EE).''. (B) Conforming amendment.--Section 1848(b) of the Social Security Act (42 U.S.C. 1395w-4(b)) is amended by adding at the end the following new paragraph: ``(6) Treatment of intensive lifestyle treatment program.-- ``(A) In general.--In the case of an intensive lifestyle treatment program described in section 1861(hhh)(2), the Secretary shall establish an aggregate payment for items and services furnished under such program (as described in section 1861(hhh)(3)) not to exceed the cost to the program under this title for a hospitalization for a similarly situated eligible beneficiary, subject to the limitation under subparagraph (C). ``(B) Payment schedule.--The Secretary shall-- ``(i) make a payment to such a program in an amount that is equal to 50 percent of the amount established under subparagraph (A) upon completion of the initial consultation under the program; and ``(ii) subject to the limitation described in subparagraph (C), make a second payment to a program for the balance of the amount defined in subparagraph (A) upon completion of treatment under the program. ``(C) Limitation.-- ``(i) In general.--Notwithstanding the provisions of subparagraph (B), an intensive lifestyle treatment program shall not receive the payment described in subparagraph (B)(ii) unless it documents, upon the completion of the program by an eligible beneficiary, that services provided to such beneficiary under the program are beneficially affecting the progression of chronic disease or diseases in the beneficiary, as measured under clause (ii) with respect to 2 or more of the following measures: ``(I) Measures described in subclauses (I) through (V) of section 1861(eee)(4)(A)(ii). ``(II) High density lipoprotein. ``(III) Hemoglobin A1C. ``(IV) C-reactive protein. ``(V) Waist size. ``(VI) Elimination of cotinine level as evidence that the eligible beneficiary no longer uses tobacco. ``(VII) Prostate specific antigen or other prognostic biomarkers of prostate cancer. ``(VIII) Prognostic biomarkers of breast cancer. ``(ii) Measurement.--The Secretary shall determine the beneficial progression of chronic disease or diseases under clause (i), using the level of 2 or more of the measures described in subclause (i) before receiving services under such program and such levels after completion of treatment under the program-- ``(I) by normalization (as defined by the Secretary); and ``(II) in the case of-- ``(aa) measures described in subclauses (I) through (V), (VII), and (VIII), by at least 10 percent reduction; or ``(bb) the measure described in subclause (VI), by elimination. ``(iii) Refund of payments or costs in certain circumstances.--In the case of an eligible beneficiary who, within 1 year of receiving an initial consultation under the program, receives any other treatment covered under part A or this part for any condition that relates to the initial diagnosis resulting in eligibility for the intensive lifestyle treatment program, except for a physician office visit for the purpose of making adjustments to medication prescribed to the eligible beneficiary, such program shall refund to the Secretary the lesser of-- ``(I) any payments made under paragraph (B) for services provided to the eligible beneficiary under the program; or ``(II) the cost of such other treatment covered under part A or this part such condition. ``(D) Coverage of sessions.-- ``(i) In general.--Items and services provided under the program in a series of 72 one-hour sessions (as defined in clause (ii)), up to 6 sessions per day, over a period of 18 weeks shall, subject to the limitation under subparagraph (C), be eligible for the aggregate payment established under subparagraph (A). ``(ii) Definition of session.--Each of the services described in subparagraphs (A) through (J) of section 1861(hhh)(3), when furnished for 1 hour, is a separate session under an intensive lifestyle treatment program.''. (b) Copayments for Intensive Lifestyle Treatment Items and Services.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (1) by striking ``and'' before (W); (2) by inserting before the semicolon at the end the following: ``, and (X) with respect to items and services furnished under an intensive lifestyle treatment program (as defined in section 1861(hhh)(2)), the amount paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under section 1848(b)(6)(A)''. (c) Lifestyle Rewards Program.--Title XVIII of the Social Security Act is amended by adding at the end the following new section: ``SEC. 1899. LIFESTYLE REWARDS PROGRAMS. ``(a) Establishment.--The Secretary shall establish a Lifestyle Rewards Program (in this section referred to as the `program') for eligible beneficiaries (as defined in section 1861(s)(2)(hhh)(4)) who have successfully completed an intensive lifestyle treatment program (as defined in section 1861(hhh)(2)) and meet the requirements described in subsection (b). ``(b) Requirements.--In order to receive an award under the program, an eligible beneficiary must-- ``(1) demonstrate that the program has beneficially affected the progression of chronic disease or diseases in the beneficiary upon completion of the program, as measured under clause (ii) of section 1848(b)(6)(C) with respect to 2 or more of the measures described in clause (i) of such section; and ``(2) during the 1 year period beginning on the date of an initial consultation under the lifestyle treatment program, receive no other treatment under part A or this part for any condition that relates to the initial diagnosis resulting in eligibility for the intensive lifestyle treatment program, except for a physician office visit for the purpose of making adjustments to medication prescribed to the eligible beneficiary. ``(c) Form of Reward.--The Secretary shall make such award to eligible beneficiaries described in subsection (a) in such form and manner as the Secretary, by regulation, shall prescribe. ``(d) Amount of Reward.--The amount of such award for each such eligible beneficiary shall be $200.''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2010. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that the services provided under a intensive lifestyle treatment program (as defined in section 1861(hhh)(2) of the Social Security Act, as added by section 2(a))-- (1) would benefit individuals with chronic diseases who are not enrolled in the Medicare Program under title XVIII of the Social Security Act; and (2) should be covered by all public and private payers.

Take Back Your Health Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to cover intensive lifestyle treatment, which is a physician-supervised program furnishing to eligible beneficiaries certain exercise, medication, nutritional, and other specified items and services intended to affect beneficially the progression of chronic coronary heart disease, Type 2 diabetes, metabolic syndrome, prostate cancer, or breast cancer. Directs the Secretary of Health and Human Services (HHS) to establish a Lifestyle Rewards Program for eligible beneficiaries who have successfully completed an intensive lifestyle program and meet certain other requirements. Expresses the sense of Congress that the services provided under an intensive lifestyle treatment program: (1) would benefit individuals with chronic diseases who are not enrolled in the Medicare program; and (2) should be covered by all public and private payers.

A bill to amend title XVIII of the Social Security Act to provide coverage of intensive lifestyle treatment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Research for All Act of 2014''. SEC. 2. SUFFICIENCY OF DESIGN AND SIZE OF CLINICAL TRIALS DURING EXPEDITED REVIEW. The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall review and develop policies, as appropriate, to ensure that the design and size of clinical trials for products granted expedited approval pursuant to section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) are sufficient to determine the safety and effectiveness of such products for men and women using subgroup analysis. SEC. 3. EXPEDITED REVIEW OF DRUGS AND BIOLOGICAL PRODUCTS TO PROVIDE SAFER OR MORE EFFECTIVE TREATMENT FOR MALES OR FEMALES. (a) In General.--Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) is amended by adding at the end the following: ``(g) Expedited Review of Drugs and Biological Products To Provide Safer or More Effective Treatment for Males or Females.-- ``(1) Eligible product.--The Secretary shall, at the request of the sponsor of a new drug, facilitate the development and expedite the review of such drug if the drug-- ``(A) is intended-- ``(i) to avoid serious adverse events; or ``(ii) to treat a serious or life- threatening disease or condition; ``(B) whether alone or in combination with one or more other drugs or biological products, is intended for safer or more effective treatment for men or women than a currently available product approved to treat the general population or the other sex; and ``(C) is supported by results of clinical trials that include and separately examine outcomes for both men and women. ``(2) Designation.--At the request of the sponsor of an eligible product described in paragraph (1), the Secretary shall designate the drug as an expedited product to provide safer or more effective treatment for males or females. ``(3) Early and frequent communication.--The Secretary shall, with respect to each expedited product designated under this subsection, provide early and frequent communication and review of incomplete applications to the same extent and in the same manner as is provided under subsections (b) and (d). ``(4) Rule of construction.--Nothing in this subsection shall be construed-- ``(A) to lessen or otherwise alter the standard of safety and effectiveness required for the approval or licensing of drugs or biological products under section 505 of this Act or section 351 of the Public Health Service Act; or ``(B) to authorize application of the provisions of subsection (c) (relating to the use of surrogate endpoints) to expedited products designated under this subsection.''. (b) Technical Corrections.--Subsection (f) of section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) (relating to awareness efforts), as designated by section 902(a) of Public Law 112- 144, is amended-- (1) in paragraph (1), by striking ``and and'' and inserting ``and''; and (2) by moving such subsection (f) so that it follows subsection (e) of such section 506. SEC. 4. RESEARCH ON SEX DIFFERENCES. (a) Inclusion in NIH Research.-- (1) In general.--Section 492B of the Public Health Service Act (42 U.S.C. 289a-2) is amended-- (A) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and (B) by inserting after subsection (a) the following: ``(b) Inclusion of Sex Differences in Basic Research.-- ``(1) Applicability to basic research.-- ``(A) In general.--The Director of NIH shall determine when it is appropriate for projects of basic research involving cells, tissues or animals to include both male and female cells, tissues, or animals. ``(B) Deadline for initial determination; updates.--The Director of NIH-- ``(i) shall make the initial determinations required by subparagraph (A) not later than one year after the date of enactment of the Research for All Act of 2014; and ``(ii) may subsequently update or revise such determinations as the Director determines appropriate. ``(C) Consultation.--In making the initial determinations required by subparagraph (A), the Director of NIH-- ``(i) shall consult with the Office of Research on Women's Health, the Institute of Medicine, the Office of Laboratory Animal Welfare, and appropriate members of the scientific and academic communities; and ``(ii) may conduct outreach and educational initiatives within the scientific and academic communities on the influence of sex as a variable in basic research in order to develop a consensus within such communities on when it is appropriate for projects of basic research involving cells, tissues or animals to include both male and female cells, tissues, or animals. ``(2) Inclusion.--Beginning on the date that is 1 year after the date of enactment of the Research for All Act of 2014, in conducting or supporting basic research in accordance with paragraph (1), the Director of NIH shall, subject to paragraph (3), ensure that-- ``(A) in the case of research on cells or tissues-- ``(i) cells or tissues, as applicable, are derived from both male and female organisms in each project of such research; and ``(ii) the results are disaggregated according to whether the cells or tissues are derived from male or female organisms; and ``(B) in the case of animal research-- ``(i) both male and female animals are included as subjects in each project of such research; and ``(ii) the results are disaggregated according to whether the subjects are male or female. ``(3) Exception.--Paragraph (2) shall not apply to a project of basic research if the Director of NIH determines that the inclusion of cells or tissues derived from both male and female organisms, or the inclusion of both male and female animals as subjects, as applicable, is inappropriate in the case of such project.''. (2) Design of research.--Subsection (d) of section 492B of the Public Health Service Act (42 U.S.C. 289a-2), as redesignated, is amended-- (A) by striking ``(d)'' and all that follows through ``In the case'' and inserting the following: ``(d) Design of Research.-- ``(1) Clinical trials.--In the case''; and (B) by adding at the end the following: ``(2) Basic research.--In the case of basic research in which cells or tissues derived from both male and female organisms will be included in accordance with subsection (b)(2)(A) or both male and female animals will be included as subjects in accordance with subsection (b)(2)(B), the Director of NIH shall ensure that sex differences are examined and analyzed, as appropriate.''. (3) Updating guidelines for clinical and basic research.-- Section 492B(f)(1) of the Public Health Service Act (42 U.S.C. 289a-2), as redesignated, is amended to read as follows: ``(1) Date certain; update.--The guidelines required in subsection (e) regarding the requirements of this section for clinical and basic research shall-- ``(A) be updated and published in the Federal Register not later than 1 year after the date of enactment of the Research for All Act of 2014; ``(B) reflect the growing understanding that sex differences matter; ``(C) ensure better enforcement of the requirements of this section by the personnel of the agencies of the National Institutes of Health responsible for reviewing grant proposals; and ``(D) include guidance on when research strongly supports or strongly negates the conclusion that there is a significant difference in how the variables being studied affect women or members of minority groups, as the case may be, relative to how such variables affect other subjects in the research.''. (4) Applicability.--Section 492B(f)(2) of the Public Health Service Act (42 U.S.C. 289a-2), as redesignated, is amended by adding at the end the following: ``For fiscal year 2016 and subsequent fiscal years, the Director of NIH may not approve any proposal of basic research to be conducted or supported by any agency of the National Institutes of Health unless the proposal specifies the manner in which the research will comply with this section.''. (5) Conforming changes.--Section 492B of the Public Health Service Act (42 U.S.C. 289a-2) is amended-- (A) in the heading of subsection (a), by striking ``Requirement of Inclusion'' and inserting ``Inclusion in Clinical Research''; (B) in subsection (a)(1), by striking ``subsection (b)'' and inserting ``subsection (c)''; (C) in subsection (e)(1)(A), as redesignated, by striking ``subsection (b)'' and inserting ``subsection (c)''; (D) in subsection (e)(1)(B), as redesignated, by striking ``subsection (c)'' and inserting ``subsection (d)''; and (E) in subsection (e)(2), as redesignated, by striking ``subsection (b)'' and inserting ``subsection (c)''. (b) Biennial Reports of Director of NIH.--Subparagraph (C) of section 403(a)(4) of the Public Health Service Act (42 U.S.C. 283(a)(4)) is amended-- (1) by redesignating clause (vi) as clause (vii); and (2) by inserting after clause (v) the following: ``(vi) Basic research, including a breakdown of the sex of organisms from which cells and tissues are derived, a breakdown of the sex of animal subjects, and such other information as may be necessary to demonstrate compliance with section 492B (regarding sex differences in basic research).''. (c) Special Centers of Research on Sex Differences.--Part H of title IV of the Public Health Service Act is amended by inserting after section 492B of such Act (42 U.S.C. 289a-2) the following: ``SEC. 492C. SPECIAL CENTERS OF RESEARCH ON SEX DIFFERENCES. ``The Secretary may award grants or other support to entities for the continued operation and expansion of Special Centers of Research on Sex Differences.''. (d) Rule of Construction.--Nothing in this Act or the amendments made by this Act shall be construed to lessen any standard or requirement set forth in part 1, 2, or 3 of subchapter A of chapter I of title 9, Code of Federal Regulations. SEC. 5. GAO REPORTS. Not later than 1 year after the date of enactment of the Research for All Act of 2014, the Comptroller General of the United States shall-- (1) submit to the Congress updated versions of the reports of the Government Accountability Office entitled ``Women's Health: NIH Has Increased Its Efforts To Include Women in Research'' (published in May 2000; GAO/HEHS-00-96) and ``Women's Health: Women Sufficiently Represented in New Drug Testing, But FDA Oversight Needs Improvement'' (published in July 2001; GAO-01-754); and (2) in such updated reports-- (A) examine the inclusion of women, female animals, and female-derived cells and tissues in federally funded research over the past decade; (B) examine how Federal agencies report and analyze subgroup information and translate any differences to the medical community and patients; (C) determine whether the quality of care which women receive is being negatively impacted by inclusion rates in basic and clinical research; and (D) address current efforts within National Institutes of Health and other government agencies to encourage the sharing of research data on sex differences and evaluate mechanisms to improve such sharing, including a publicly accessible online system that will conform with policies protecting commercial, proprietary, or private information.

Research for All Act of 2014 - Directs the Food and Drug Administration (FDA) to review and develop policies to ensure that the design and size of clinical trials for products granted expedited approval to treat a serious or life-threatening disease or condition are sufficient to determine the safety and effectiveness of the products for men and women using subgroup analysis. Amends the Federal Food, Drug, and Cosmetic Act to require FDA, at the request of the sponsor of a new drug, to facilitate the development and expedite its review if the drug is: intended to avoid serious adverse events or to treat a serious or life-threatening disease or condition, intended for safer or more effective treatment for either men or women than a currently available product approved to treat the general population or the other sex, and supported by results of clinical trials that include and separately examine outcomes for men and women. Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to determine when it is appropriate for projects of basic research involving cells, tissues, or animals to include both male and female cells, tissues, or animals. Requires, in such cases, disaggregation of results according to sex. Provides guidelines for ensuring that sex differences are examined and analyzed. Authorizes the Secretary of Health and Human Services (HHS) to support the continued operation and expansion of Special Centers of Research on Sex Differences. Requires the Comptroller General (GAO) to provide to Congress updated versions of the reports entitled “Women's Health: NIH Has Increased Its Efforts To Include Women in Research” and “Women's Health: Women Sufficiently Represented in New Drug Testing, But FDA Oversight Needs Improvement,” including in the reports examination of: the inclusion of women, female animals, and female-derived cells and tissues in federally funded research over the past decade; federal reporting and analysis of subgroup information and the translation of differences to the medical community and patients; the effect of inclusion rates in research on the quality of women’s health care; and current efforts within government agencies to encourage the sharing of research data on sex differences and mechanisms to improve such sharing.

Research for All Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Officer Dale Claxton Bullet Resistant Police Protective Equipment Act of 1999''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) Officer Dale Claxton of the Cortez, Colorado, Police Department was shot and killed by bullets that passed through the windshield of his police ear after he stopped a stolen truck, and his life may have been saved if his police car had been equipped with bullet resistant equipment; (2) 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 access to additional bullet resistant equipment; (3) according to studies, between 1985 and 1994, 709 law enforcement officers in the United States were feloniously killed in the line of duty; (4) the Federal Bureau of Investigation estimates that the risk of fatality to law enforcement officers while not wearing bullet resistant equipment, such as an armor vest, is 14 times higher than for officers wearing an armor vest; (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; (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 bullet resistant equipment and video cameras. SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET RESISTANT EQUIPMENT. (a) In General.--Part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) by striking the part designation and part heading and inserting the following: ``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT ``Subpart A--Grant Program For Armor Vests''; (2) by striking ``this part'' each place that term appears and inserting ``this subpart''; and (3) by adding at the end the following: ``Subpart B--Grant Program For Bullet Resistant Equipment ``SEC. 2511. 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 bullet resistant equipment 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 bullet resistant equipment for law enforcement officers in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this subpart, 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 bullet resistant equipment based on the percentage of law enforcement officers in the department who do not have access to a vest; ``(2) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; or ``(3) 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 subpart shall be awarded to units of local government with fewer than 100,000 residents. ``SEC. 2512. APPLICATIONS. ``(a) In General.--To request a grant under this subpart, 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 subpart, 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 104-119)) during a fiscal year in which it submits an application under this subpart shall not be eligible for a grant under this subpart 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 bullet resistant equipment, but did not, or does not expect to use such funds for such purpose. ``SEC. 2513. DEFINITIONS. ``In this subpart-- ``(1) the term `equipment' means windshield glass, car panels, shields, and protective gear; ``(2) 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; ``(3) 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; (4) 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 ``(5) 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. ``Subpart C--Grant Program For Video Cameras ``SEC. 2521. 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 video cameras for use by State, local, and tribal law enforcement agencies in law enforcement vehicles. ``(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 video cameras for law enforcement vehicles in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this subpart, 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 video cameras, based on the percentage of law enforcement officers in the department do not have access to a law enforcement vehicle equipped with a video camera; ``(2) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; or ``(3) 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 0.25 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 subpart shall be awarded to units of local government with fewer than 100,000 residents. ``SEC. 2522. APPLICATIONS. ``(a) In General.--To request a grant under this subpart, 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 subpart, 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 subpart shall not be eligible for a grant under this subpart 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 video cameras, but did not, or does not expect to use such funds for such purpose. ``SEC. 2523. DEFINITIONS. ``In this subpart-- ``(1) 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)); ``(2) 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; ``(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; and ``(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.''. (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 striking paragraph (23) and inserting the following: ``(23) There are authorized to be appropriated to carry out part Y-- ``(A) $25,000,000 for each of fiscal years 2000 through 2002 for grants under subpart A of that part; ``(B) $40,000,000 for each of fiscal years 2000 through 2002 for grants under subpart B of that part; and ``(C) $25,000,000 for each of fiscal years 2000 through 2002 for grants under subpart C of that part.''. 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. SEC. 5. TECHNOLOGY DEVELOPMENT. Section 202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end the following: ``(e) Bullet Resistant Technology Development.-- ``(1) In general.--The Institute is authorized to-- ``(A) conduct research and otherwise work to develop new bullet resistant technologies (i.e., acrylic, polymers, aluminized material, and transparent ceramics) for use in police equipment (including windshield glass, car panels, shields, and protective gear); ``(B) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; ``(C) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment. ``(2) Priority.--In carrying out this subsection, the Institute shall give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with High Intensity Drug Trafficking Areas. ``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $3,000,000 for fiscal years 2000 through 2002.''.

Sets forth provisions regarding permissible uses of grant funds, preferential consideration, minimum and maximum allocations, matching funds, awards to local governmental units with fewer than 100,000 residents, and application requirements. Authorizes appropriations for FY 2000 through 2002. (Sec. 4) Expresses the sense of Congress that entities receiving assistance under this Act should purchase only American-made equipment and products. (Sec. 5) Authorizes the National Institute of Justice (NIJ) to: (1) conduct research and otherwise work to develop new bullet resistant technologies for use in police equipment; (2) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; and (3) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment. Directs NIJ to give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with High Intensity Drug Trafficking Areas. Authorizes appropriations for FY 2000 through 2002.

Officer Dale Claxton Bullet Resistant Police Protective Equipment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Firearm Technology and Safety Act of 1998''. SEC. 2. FINDINGS. The Congress finds that-- (1) the National Institute of Justice Science and Technology program has played a critical role in improving law enforcement technology; (2) the National Institute of Justice Science and Technology program has successfully developed standards for soft body armor which have been critical to saving the lives of law enforcement personnel; (3) the National Institute of Justice Science and Technology program is assisting in the successful development of personalized firearms to improve firearms safety; and (4) the National Institute of Justice should continue to focus its resources on improving technology to assist law enforcement in reducing crime, and on making technological improvements in the safety of firearms. SEC. 3. GRANTS TO IMPROVE GUN SAFETY. (a) In General.--The Director of the National Institute of Justice, in consultation with appropriate personnel of the National Institute of Justice who are involved in firearms technology and weapons technology matters, shall make grants to reduce firearms violence through improvements in firearms safety technology, weapons detection technology, and other technology. (b) 3-Year Grants.--A grant awarded under this section shall be paid over a period not exceeding 3 years. (c) Limitations on Authorization of Appropriations.--For grants under this section, there are authorized to be appropriated not more than $20,000,000 for each of fiscal years 1998 through 2002. SEC. 4. INDEPENDENT PANEL ON FIREARMS SAFETY. (a) Establishment.--There is established in the Department of Justice the Independent Panel on Firearms Safety (in this section referred to as the ``Panel''). (b) Duties.-- (1) In general.--The Panel shall-- (A) research how technology can be used in the area of weapons safety improvements to reduce violence; and (B) direct, oversee, and review the work of the Technical Study Group on Firearms Safety. (2) Reports.-- (A) Report to congress on the findings of the technical study group on firearms safety.--Within 90 days after receipt of the report submitted pursuant to section 5(b)(2), the Panel shall submit to the Congress a report on the findings of the Technical Study Group on Firearms Safety. If the report submitted pursuant to such section contains a recommendation for standards governing the design of firearm safety locks, the Panel shall forward the recommendation to the National Institute of Justice. (B) Annual reports.--Within 1 year after the Panel is duly organized and annually thereafter, the Panel shall submit to the Congress a written report detailing the findings of the Panel and making recommendations on such firearms safety improvements as the Panel considers appropriate. (c) Membership.--The Director of the National Institute of Justice, in consultation with the Attorney General, shall appoint to the Panel at least 1 individual from each of the following categories: (1) Representatives from the National Institute of Justice. (2) Law enforcement experts. (3) Representatives from consumer product safety organizations. (4) Representatives of firearms manufacturers. (5) Injury prevention specialists. (6) Firearms technology experts. (7) Experts in other relevant areas. (d) Terms.-- (1) In general.--Each Panel member shall be appointed for the life of the Panel. (2) Vacancies.--A vacancy in the Panel shall be filled in the manner in which the original appointment was made. (e) Compensation.-- (1) Rates of basic pay.--Panel members shall serve without pay. (2) Prohibition of compensation of federal employees.-- Members of the Panel who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Panel. (3) Travel expenses.--Notwithstanding paragraphs (1) and (2), each Panel 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. (f) Procedure.-- (1) Chairperson.--The Director of the National Institute of Justice shall designate a Panel member who is a representative of the National Institute of Justice to be the Chairperson of the Panel (in this Act referred to as the ``Chairperson''). (2) Acting chairperson.--The Panel members, by majority vote, shall select a Panel member to serve as the acting Chairperson when the Chairperson is unable to so serve. (3) Meetings.--The Panel shall meet at the call of the Chairperson. (4) Quorum.--A majority of Panel members of the Panel shall constitute a quorum but a lesser number may hold hearings. (g) Professional, Administrative, and Technical Support.--The Attorney General shall provide the Panel with the administrative, professional, and technical support required by the Panel to carry out the duties of the Panel under this Act. (h) Powers.-- (1) Hearings and sessions.--For the purpose of carrying out this section, the Panel may, with the advice and consent of the Attorney General and the Director of the National Institute of Justice, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Panel considers appropriate. (2) Obtaining official data.--Subject to other law, the Panel may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. On request of the Chairperson, the head of that department or agency shall furnish that information to the Panel. (3) Mails.--The Panel may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (i) Preservation of Confidentiality.--Section 6 of the Cigarette Safety Act of 1984 shall apply to information provided to the Panel in the same manner in which such section applies to information provided to the Interagency Committee on Cigarette and Little Cigar Fire Safety. (j) Termination.-- (1) In general.--The Panel shall terminate 5 years after the date the Panel is duly organized. (2) Inapplicability of termination rule in the federal advisory committee act.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Panel. SEC. 5. TECHNICAL STUDY GROUP ON FIREARMS SAFETY. (a) Establishment.--There is established in the Department of Justice the Technical Study Group on Firearms Safety (in this section referred to as the ``Technical Study Group''). (b) Duties.-- (1) In general.--Subject to the oversight and review of the Independent Panel on Firearms Safety, the Technical Study Group shall undertake such studies and activities as the Technical Study Group considers necessary to determine the technical and commercial feasibility, economic impact, and other consequences of developing improvements in firearms safety technology. A main focus of the Technical Study Group shall be to reduce deaths and injuries resulting from the unintended or inappropriate discharge of firearms. The initial research conducted by the Technical Study Group should be a study of the reliability of firearm safety locks and a determination as to whether the locks prevent the unintended discharge of firearms. (2) Report.--Within 9 months after the date the Technical Study Group is duly organized, the Technical Study Group shall submit to the Independent Panel on Firearms Safety a report on the findings of the Technical Study Group. If the Technical Study Group determines that firearm safety locks can prevent the unintended discharge of firearms, the report shall include a recommendation for standards governing the design of firearm safety locks. (c) Membership.-- (1) Appointment.-- (A) NIJ experts.--The Director of the National Institute of Justice shall appoint to the Technical Study Group personnel and agents of the National Institute of Justice with technical or scientific expertise. (B) NIST experts.--The Director of the National Institute of Standards and Technology shall appoint to the Technical Study Group personnel of the National Institute of Standards and Technology with technical or scientific expertise. (C) BATF experts.--The Director of the Bureau of Alcohol, Tobacco and Firearms shall appoint to the Technical Study Group personnel of the Bureau with technical or scientific expertise. (D) CPSC experts.--The Director of the Consumer Product Safety Commission shall appoint to the Technical Study Group personnel of the Commission with technical or scientific expertise. (E) HHS experts.--The Secretary of Health and Human Services shall appoint to the Technical Study Group personnel of the Department of Health and Human Services with technical or scientific expertise. (F) DOJ experts.--The Attorney General, shall appoint to the Technical Study Group personnel of the Department of Justice with technical or scientific expertise. (G) Independent experts.--The Chairperson of the Independent Panel on Firearms Safety shall appoint to the Technical Study Group 4 individuals who are not officers or employees of any government, each of whom have scientific or technical expertise in law enforcement, firearms manufacturing, weapons detection technology, injury prevention, and consumer safety, respectively. (d) Procedure.--With the advice and consent of the Independent Panel on Firearms Safety, the Technical Study Group may designate, from among the Technical Study Group members, such persons to serve as team leaders, coordinators, or chairpersons, as the Technical Study Group deems necessary or appropriate to carry out the functions of the Technical Study Group. (e) Preservation of Confidentiality.--Section 6 of the Cigarette Safety Act of 1984 shall apply to information provided to the Technical Study Group in the same manner in which such section applies to information provided to the Technical Study Group on Cigarette and Little Cigar Fire Safety. (f) Applicability of Certain Rules Governing the Independent Panel on Firearms Safety.--Subsections (d), (e), (g), (h), and (j) of section 4 shall apply to the Technical Study Group in the same manner in which such subsections apply to the Independent Panel on Firearms Safety.

21st Century Firearm Technology and Safety Act of 1998 - Directs the Director of the National Institute of Justice to make grants to reduce firearms violence through improvements in firearms safety technology, weapons detection technology, and other technology. Authorizes appropriations for FY 1998 through 2002. Establishes in the Department of Justice the Independent Panel on Firearms Safety to: (1) research how technology can be used in the area of weapons safety improvements to reduce violence; and (2) direct, oversee, and review the work of the Technical Study Group on Firearms Safety. Requires the Panel to: (1) report to the Congress on the findings of the Technical Study Group on Firearms Safety (established in the Department under this Act); and (2) if the report contains a recommendation for standards governing the design of firearm safety locks, forward the recommendation to the National Institute of Justice. Requires the Panel to submit to the Congress annual reports detailing its findings and recommendations on such firearms safety improvements as the Panel considers appropriate. Terminates the Panel five years after the date it is organized. Requires the Group to undertake such studies and activities as it considers necessary to determine the technical and commercial feasibility, economic impact, and other consequences of developing improvements in firearms safety technology. States that: (1) a main focus of the Group shall be to reduce deaths and injuries resulting from the unintended or inappropriate discharge of firearms; and (2) the Group's initial research should be a study of the reliability of firearm safety locks and a determination as to whether the locks prevent the unintended discharge of firearms. Requires the Group to: (1) report to the Panel on its findings; and (2) include in the report a recommendation for standards governing the design of firearm safety locks if the Group determines that firearm safety locks can prevent the unintended discharge of firearms.

21st Century Firearm Technology and Safety Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Heroes at Home Act of 2007''. SEC. 2. TRAINING AND CERTIFICATION PROGRAM FOR FAMILY CAREGIVER PERSONAL CARE ATTENDANTS FOR VETERANS AND MEMBERS OF THE ARMED FORCES WITH TRAUMATIC BRAIN INJURY. (a) Program on Training and Certification of Family Caregiver Personal Care Attendants.--The Secretary of Veterans Affairs shall establish a program on training and certification of family caregivers of veterans and members of the Armed Forces with traumatic brain injury as personal care attendants of such veterans and members. (b) Location.--The program required by subsection (a) shall be located in each of the medical centers of the Department of Veterans Affairs. (c) Training Curricula.-- (1) In general.--The Secretary of Veterans Affairs shall, in collaboration with the Secretary of Defense, develop curricula for the training of personal care attendants described in subsection (a). Such curricula shall incorporate applicable standards and protocols utilized by certification programs of national brain injury care specialist organizations. (2) Use of existing curricula.--In developing the curricula required by paragraph (1), the Secretary of Veterans Affairs shall, to the extent practicable, utilize and expand upon training curricula developed pursuant to section 744(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308). (d) Program Participation.-- (1) In general.--The Secretary of Veterans Affairs shall determine the eligibility of a family member of a veteran or member of the Armed Forces for participation in the program required by subsection (a). (2) Basis for determination.--A determination made under paragraph (1) shall be based on the clinical needs of the veteran or member of the Armed Forces concerned, as determined by the physician of such veteran or member. (e) Eligibility for Compensation.--A family caregiver of a veteran or member of the Armed Forces who receives certification as a personal care attendant under this section shall be eligible for compensation from the Department of Veterans Affairs for care provided to such veteran or member. (f) Costs of Training.-- (1) Training of families of veterans.--Any costs of training provided under the program under this section for family members of veterans shall be borne by the Secretary of Veterans Affairs. (2) Training of families of members of the armed forces.-- The Secretary of Defense shall reimburse the Secretary of Veterans Affairs for any costs of training provided under the program under this section for family members of members of the Armed Forces. Amounts for such reimbursement shall be derived from amounts available for Defense Health Program for the TRICARE program. (g) Construction.--Nothing in this section shall be construed to require or permit the Secretary of Veterans Affairs to deny reimbursement for health care services provided to a veteran with a brain injury to a personal care attendant who is not a family member of such veteran. SEC. 3. OUTREACH AND PUBLIC AWARENESS. (a) Outreach Required.--The Secretary of Veterans Affairs shall conduct comprehensive outreach to enhance the awareness of veterans and the general public about the symptoms of post-traumatic stress disorder and traumatic brain injury and the services provided by the Department of Veterans Affairs to veterans with such symptoms. (b) Provision of Best Practices.--The Secretary of Veterans Affairs shall make available to non-Department of Veterans Affairs health practitioners the best practices developed by the Department for the treatment of traumatic brain injury and post-traumatic stress disorder. SEC. 4. TELEHEALTH AND TELEMENTAL HEALTH SERVICES OF THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS. (a) Telehealth and Telemental Health Demonstration Project.-- (1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish a demonstration project to assess the feasibility and advisability of using telehealth technology to assess cognitive (including memory) functioning of members and former members of the Armed Forces who have sustained head trauma, in order to improve the diagnosis and treatment of traumatic brain injury. (2) Location.-- (A) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall carry out the demonstration project required by paragraph (1) at one or more locations selected by the Secretaries for purposes of the demonstration project. (B) Priority for rural areas.--In selecting locations to carry out the demonstration project required by paragraph (1), the Secretary of Defense and the Secretary of Veterans Affairs shall give priority to locations that would provide service in a rural area. (3) Requirements.--The demonstration project required by paragraph (1) shall include the following: (A) The use of telehealth technology to assess the cognitive (including memory) functioning of a member or former member of the Armed Forces, including the following: (i) Obtaining information regarding the nature of any brain injury incurred by such member or former member. (ii) Assessing any symptoms of traumatic brain injury in such member or former member. (B) The use of telehealth technology to rehabilitate members or former members of the Armed Forces who have traumatic brain injury, and the use, to the extent practicable, of applicable standards and protocols used by certification programs of national brain injury care specialist organizations in order to assess progress in such rehabilitation. (C) The use of telehealth technology to disseminate education material to members and former members of the Armed Forces and the family members of such members on techniques, strategies, and skills for caring for and assisting such members, and to the extend practicable, such education materials shall incorporate training curricula developed pursuant to section 744(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2308). (4) Use of proven technologies.--Any assessment administered as a part of the demonstration project required by paragraph (1) shall incorporate telemental health technology that has proven effective in the diagnosis and treatment of mental health conditions associated with traumatic brain injury. (5) Administration.-- (A) In general.--The demonstration project required by paragraph (1) shall be administered under the joint incentives program and carried out pursuant to section 8111(d) of title 38, United States Code. (B) Funding.--Amounts to carry out the demonstration project shall be derived from amounts in the DOD-VA Health Care Sharing Incentive Fund established under paragraph (2) of such section. (6) Report.-- (A) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the demonstration project required by paragraph (1). (B) Submission with annual joint report.--The report required by subparagraph (A) shall be submitted to Congress at the same time as the annual joint report required by section 8111(f) of title 38, United States Code, for the fiscal year following the fiscal year of the date of the enactment of this Act. (b) Ongoing Study on Telehealth and Telemental Health Services.-- (1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall, through the Joint Executive Council (JEC) of the Department of Defense and the Department of Veterans Affairs, conduct an ongoing study of all matters relating to the telehealth and telemental health services of the Department of Defense and the Department of Veterans Affairs. (2) Matters studied.--The matters studied under paragraph (1) shall include the following: (A) The number of members and former members of the Armed Forces who have used telehealth or telemental health services of the Department of Defense or the Department of Veterans Affairs. (B) The extent to which members of the National Guard and the Reserves are utilizing telehealth or telemental health services of the Department of Defense or the Department of Veterans Affairs. (C) The ways in which the Department of Defense and the Department of Veterans Affairs can improve the integration of telehealth and telemental health services with clinical medicine. (D) The extent to which telehealth and telemental health services of the Department of Defense and the Department of Veterans Affairs are provided in rural settings and through community-based outpatient clinics (CBOCs). (E) Best practices of civilian mental health providers and facilities with respect to the provision of telehealth and telemental health services, including how such practices can be adopted to improve telehealth and telemental health services of the Department of Defense and the Department of Veterans Affairs. (F) The feasability and advisability of partnering with civilian mental health facilities to provide telehealth and telemental health services to members and former members of the Armed Forces. (3) Annual reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the findings of the Joint Executive Counsel under this subsection during the preceding year. SEC. 5. DEFINITIONS. In this Act: (1) The term ``national brain injury care specialist organization'' means a national organization or association with demonstrated experience in providing training, education, and technical assistance in the provision of care for individuals with brain injury. (2) The term ``neurocognitive'' means of, relating to, or involving the central nervous system and cognitive or information processing abilities (thinking, memory, and reasoning), as well as sensory processing (sight, hearing, touch, taste, and smell), and communication (expression and understanding). (3) The term ``traumatic brain injury'' means an acquired injury to the brain, including brain injuries caused by anoxia due to trauma and such other injuries as the Secretary considers appropriate, except that such term excludes brain dysfunction caused by-- (A) congenital or degenerative disorders; or (B) birth trauma.

Heroes at Home Act of 2007 - Directs the Secretary of Veterans Affairs to: (1) establish a program on training and certification of family caregivers of veterans and members with traumatic brain injury (TBI); and (2) conduct outreach to enhance awareness of veterans and the public about the symptoms of post-traumatic stress disorder (PTSD) and TBI and the services provided by the Department of Veterans Affairs to veterans with such symptoms. Directs the Secretaries of Defense and Veterans Affairs to jointly: (1) establish a demonstration project to assess the feasibility and advisability of using telehealth technology to assess cognitive functioning of members who have sustained head trauma in order to improve their diagnosis and treatment; and (2) conduct an ongoing study of all matters relating to the telehealth and telemental health services of the Departments of Defense and Veterans Affairs.

To improve the diagnosis and treatment of traumatic brain injury in members and former members of the Armed Forces, to review and expand telehealth and telemental health programs of the Department of Defense and the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine for Regulatory Decrees and Settlements Act of 2013''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``agency'' and ``agency action'' have the meanings given those terms under section 551 of title 5, United States Code; (2) the term ``covered civil action'' means a civil action-- (A) seeking to compel agency action; (B) alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of-- (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government; and (C) brought under-- (i) chapter 7 of title 5, United States Code; or (ii) any other statute authorizing such an action; (3) the term ``covered consent decree'' means-- (A) a consent decree entered into in a covered civil action; and (B) any other consent decree that requires agency action relating to a regulatory action that affects the rights of-- (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government; (4) the term ``covered consent decree or settlement agreement'' means a covered consent decree and a covered settlement agreement; and (5) the term ``covered settlement agreement'' means-- (A) a settlement agreement entered into in a covered civil action; and (B) any other settlement agreement that requires agency action relating to a regulatory action that affects the rights of-- (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government. SEC. 3. CONSENT DECREE AND SETTLEMENT REFORM. (a) Pleadings and Preliminary Matters.-- (1) In general.--In any covered civil action, the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner, including by making the notice of intent to sue and the complaint available online not later than 15 days after receiving service of the notice of intent to sue or complaint, respectively. (2) Entry of a covered consent decree or settlement agreement.--A party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the end of proceedings in accordance with paragraph (1) and subparagraphs (A) and (B) of paragraph (2) of subsection (d) or subsection (d)(3)(A), whichever is later. (b) Intervention.-- (1) Rebuttable presumption.--In considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a person who alleges that the agency action in dispute would affect the person, the court shall presume, subject to rebuttal, that the interests of the person would not be represented adequately by the existing parties to the action. (2) State, local, and tribal governments.--In considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a State, local, or tribal government, the court shall take due account of whether the movant-- (A) administers jointly with an agency that is a defendant in the action the statutory provisions that give rise to the regulatory action to which the action relates; or (B) administers an authority under State, local, or tribal law that would be preempted by the regulatory action to which the action relates. (c) Settlement Negotiations.--Efforts to settle a covered civil action or otherwise reach an agreement on a covered consent decree or settlement agreement shall-- (1) be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge other than the presiding judge, magistrate judge, or special master, as determined appropriate by the presiding judge; and (2) include any party that intervenes in the action. (d) Publication of and Comment on Covered Consent Decrees or Settlement Agreements.-- (1) In general.--Not later than 60 days before the date on which a covered consent decree or settlement agreement is filed with a court, the agency seeking to enter the covered consent decree or settlement agreement shall publish in the Federal Register and online-- (A) the proposed covered consent decree or settlement agreement; and (B) a statement providing-- (i) the statutory basis for the covered consent decree or settlement agreement; and (ii) a description of the terms of the covered consent decree or settlement agreement, including whether it provides for the award of attorneys' fees or costs and, if so, the basis for including the award. (2) Public comment.-- (A) In general.--An agency seeking to enter a covered consent decree or settlement agreement shall accept public comment during the period described in paragraph (1) on any issue relating to the matters alleged in the complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement. (B) Response to comments.--An agency shall respond to any comment received under subparagraph (A). (C) Submissions to court.--When moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal pursuant to a proposed covered consent decree or settlement agreement, an agency shall-- (i) inform the court of the statutory basis for the proposed covered consent decree or settlement agreement and its terms; (ii) submit to the court a summary of the comments received under subparagraph (A) and the response of the agency to the comments; (iii) submit to the court a certified index of the administrative record of the notice and comment proceeding; and (iv) make the administrative record described in clause (iii) fully accessible to the court. (D) Inclusion in record.--The court shall include in the court record for a civil action the certified index of the administrative record submitted by an agency under subparagraph (C)(iii) and any documents listed in the index which any party or amicus curiae appearing before the court in the action submits to the court. (3) Public hearings permitted.-- (A) In general.--After providing notice in the Federal Register and online, an agency may hold a public hearing regarding whether to enter into a proposed covered consent decree or settlement agreement. (B) Record.--If an agency holds a public hearing under subparagraph (A)-- (i) the agency shall-- (I) submit to the court a summary of the proceedings; (II) submit to the court a certified index of the hearing record; and (III) provide access to the hearing record to the court; and (ii) the full hearing record shall be included in the court record. (4) Mandatory deadlines.--If a proposed covered consent decree or settlement agreement requires an agency action by a date certain, the agency shall, when moving for entry of the covered consent decree or settlement agreement or dismissal based on the covered consent decree or settlement agreement, inform the court of-- (A) any required regulatory action the agency has not taken that the covered consent decree or settlement agreement does not address; (B) how the covered consent decree or settlement agreement, if approved, would affect the discharge of the duties described in subparagraph (A); and (C) why the effects of the covered consent decree or settlement agreement on the manner in which the agency discharges its duties is in the public interest. (e) Submission by the Government.-- (1) In general.--For any proposed covered consent decree or settlement agreement that contains a term described in paragraph (2), the Attorney General or, if the matter is being litigated independently by an agency, the head of the agency shall submit to the court a certification that the Attorney General or head of the agency approves the proposed covered consent decree or settlement agreement. The Attorney General or head of the agency shall personally sign any certification submitted under this paragraph. (2) Terms.--A term described in this paragraph is-- (A) in the case of a covered consent decree, a term that-- (i) converts into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations; (ii) commits an agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; (iii) commits an agency to seek a particular appropriation or budget authorization; (iv) divests an agency of discretion committed to the agency by statute or the Constitution of the United States, without regard to whether the discretion was granted to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties; or (v) otherwise affords relief that the court could not enter under its own authority upon a final judgment in the civil action; or (B) in the case of a covered settlement agreement, a term-- (i) that provides a remedy for a failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement; and (ii) that-- (I) interferes with the authority of an agency to revise, amend, or issue rules under the procedures set forth in chapter 5 of title 5, United States Code, or any other statute or Executive order prescribing rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement; (II) commits the agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; or (III) for such a covered settlement agreement that commits the agency to exercise in a particular way discretion which was committed to the agency by statute or the Constitution of the United States to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties. (f) Review by Court.-- (1) Amicus.--A court considering a proposed covered consent decree or settlement agreement shall presume, subject to rebuttal, that it is proper to allow amicus participation relating to the covered consent decree or settlement agreement by any person who filed public comments or participated in a public hearing on the covered consent decree or settlement agreement under paragraph (2) or (3) of subsection (d). (2) Review of deadlines.-- (A) Proposed covered consent decrees.--For a proposed covered consent decree, a court shall not approve the covered consent decree unless the proposed covered consent decree allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (B) Proposed covered settlement agreements.--For a proposed covered settlement agreement, a court shall ensure that the covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (g) Annual Reports.--Each agency shall submit to Congress an annual report that, for the year covered by the report, includes-- (1) the number, identity, and content of covered civil actions brought against and covered consent decree or settlement agreements entered against or into by the agency; and (2) a description of the statutory basis for-- (A) each covered consent decree or settlement agreement entered against or into by the agency; and (B) any award of attorneys fees or costs in a civil action resolved by a covered consent decree or settlement agreement entered against or into by the agency. SEC. 4. MOTIONS TO MODIFY CONSENT DECREES. If an agency moves a court to modify a covered consent decree or settlement agreement and the basis of the motion is that the terms of the covered consent decree or settlement agreement are no longer fully in the public interest due to the obligations of the agency to fulfill other duties or due to changed facts and circumstances, the court shall review the motion and the covered consent decree or settlement agreement de novo. SEC. 5. EFFECTIVE DATE. This Act shall apply to-- (1) any covered civil action filed on or after the date of enactment of this Act; and (2) any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this Act.

Sunshine for Regulatory Decrees and Settlements Act of 2013 - Defines a "covered civil action" as a civil action seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect: (1) the rights of private persons other than the person bringing the action; or (2) a state, local, or tribal government. Defines a "covered consent decree" or a "covered settlement agreement" as: (1) a consent decree or settlement agreement entered into a covered civil action, and (2) any other consent decree or settlement agreement that requires agency action relating to such a regulatory action that affects the rights of such persons or governments. Requires an agency against which a covered civil action is brought to publish the notice of intent to sue and the complaint in a readily accessible manner, including by making such notice and complaint available online not later than 15 days after receiving service of such notice or complaint Requires an agency seeking to enter a covered consent decree or settlement agreement to publish such decree or agreement in the Federal Register and online not later than 60 days before it is filed with the court. Provides for public comment and public hearings on such decree or agreement. Requires the Attorney General or an agency head, if an agency is litigating a matter independently, to certify to the court that the Attorney General or the agency head approves of: (1) any proposed covered consent decree that includes terms that convert into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations, commit an agency to expend funds that have not been appropriated and budgeted or to seek a particular appropriation or budget authorization, divest an agency of discretion committed to it by statute or the Constitution, or otherwise afford any relief that the court could not enter under its own authority; or (2) any proposed covered settlement agreement that includes terms that provide a remedy for a failure by the agency to comply with the terms of the agreement other than the revival of the civil action resolved by the agreement, interfere with the authority of an agency to revise, amend, or issue rules, or commit the agency to expend funds that have not been appropriated and budgeted or to exercise in a particular way discretion which was committed to the agency by statute or the Constitution. Requires a court to grant de novo review of a covered consent decree or settlement agreement if an agency files a motion to modify such decree or agreement on the basis that its terms are no longer fully in the public interest due to the agency's obligations to fulfill other duties or due to changed facts and circumstances.

Sunshine for Regulatory Decrees and Settlements Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Contracting Data and Bundling Accountability Act of 2014''. SEC. 2. PLAN FOR IMPROVING DATA ON BUNDLED AND CONSOLIDATED CONTRACTS. Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following new subsection: ``(s) Data Quality Improvement Plan.-- ``(1) In general.--Not later than the first day of fiscal year 2016, the Administrator of the Small Business Administration, in consultation with the Small Business Procurement Advisory Council, the Administrator of the Office of Federal Procurement Policy, and the Administrator of the General Services Administration shall develop a plan to improve the quality of data reported on bundled and consolidated contracts in the Federal procurement data system. ``(2) Plan requirements.--The plan shall-- ``(A) describe the roles and responsibilities of the Administrator of the Small Business Administration, the Directors of the Offices of Small and Disadvantaged Business Utilization, the Small Business Procurement Advisory Council, the Administrator of the Office of Federal Procurement Policy, the Administrator of the General Services Administration, the senior procurement executives, and Chief Acquisition Officers in implementing the plan described in paragraph (1) and contributing to the annual report required by subsection (p)(4); ``(B) make necessary changes to policies and procedures on proper identification and mitigation of contract bundling and consolidation, and to training procedures of relevant personnel on proper identification and mitigation of contract bundling and consolidation; ``(C) establish consequences for failure to properly identify contracts as bundled or consolidated; ``(D) establish requirements for periodic and statistically valid data verification and validation; and ``(E) assign clear data verification responsibilities. ``(3) Committee briefing.--Once finalized and by not later than 90 days prior to implementation, the plan described in this subsection shall be presented to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate. ``(4) Implementation.--Not later than the first day of fiscal year 2017, the Administrator of the Small Business Administration shall implement the plan described in this subsection. ``(5) Certification.--The Administrator shall annually provide to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate certification of the accuracy and completeness of data reported on bundled and consolidated contracts. ``(6) GAO study and report.-- ``(A) Study.--Not later than the first day of fiscal year 2018, the Comptroller General of the United States shall initiate a study on the effectiveness of the plan described in this subsection that shall assess whether contracts were accurately labeled as bundled or consolidated. ``(B) Contracts evaluated.--For the purposes of conducting the study described in subparagraph (A), the Comptroller General of the United States-- ``(i) shall evaluate, for work in each of sectors 23, 33, 54, and 56 (as defined by the North American Industry Classification System), not fewer than 100 contracts in each sector; ``(ii) shall evaluate only those contracts-- ``(I) awarded by an agency listed in section 901(b) of title 31, United States Code; and ``(II) that have a Base and Exercised Options Value, an Action Obligation, or a Base and All Options Value; and ``(iii) shall not evaluate contracts that have used any set aside authority. ``(C) Report.--Not later than 12 months after initiating the study required by subparagraph (A), the Comptroller General of the United States shall report to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate on the results from such study and, if warranted, any recommendations on how to improve the quality of data reported on bundled and consolidated contracts. ``(7) Definitions.--In this subsection the following definitions shall apply: ``(A) Chief acquisition officer; senior procurement executive.--The terms `Chief Acquisition Officer' and `senior procurement executive' have the meanings given such terms in section 44 of this Act. ``(B) Federal procurement data system definitions.--The terms `Base and Exercised Options Value', `Action Obligation', `Base and All Options Value', and `set aside authority' have the meanings given such terms by the Administrator for Federal Procurement Policy in the Federal procurement data system on October 1, 2013, or subsequent equivalent terms.''.

Contracting Data and Bundling Accountability Act of 2014 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to develop a plan to improve the quality of data reported on bundled and consolidated contracts in the federal procurement data system. Requires the plan to: (1) describe the roles and responsibilities of the Administrator, the Directors of the Offices of Small and Disadvantaged Business Utilization, the Small Business Procurement Advisory Council, the Administrator of the Office of Federal Procurement Policy, the Administrator of the General Services Administration, the senior procurement executives, and Chief Acquisition Officers in implementing the plan and contributing to the annual report; (2) make necessary changes to policies and procedures on proper identification and mitigation of contract bundling and consolidation, and to training procedures of relevant personnel on proper identification and mitigation of contract bundling and consolidation; (3) establish consequences for failure to properly identify contracts as bundled or consolidated; (4) establish requirements for periodic and statistically valid data verification and validation; and (5) assign clear data verification responsibilities. Requires the finalized plan to be presented to the House and Senate small business committees by not later than 90 days prior to implementation. Directs the Administrator to: (1) implement the plan by the first day of FY2017, and (2) annually provide to such committees certification of the accuracy and completeness of data reported on bundled and consolidated contracts. Directs the Comptroller General (GAO): (1) to initiate a study by the first day of FY2018 on the effectiveness of the plan that shall assess whether contracts were accurately labeled as bundled or consolidated; and (2) not later than 12 months after initiating the study, to report to the small business committees on the results from such study and, if warranted, any recommendations on how to improve the quality of data reported on bundled and consolidated contracts.

Contracting Data and Bundling Accountability Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Extended Retirement Credit Act of 2002''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to extend creditable service, for purposes of the Civil Service Retirement System, for periods of service in certain qualified Federal-State cooperative programs which had agricultural or related purposes; (2) to expedite the retirement of certain Federal Government employees by providing them improved retirement opportunities at typical retirement ages, thereby mitigating potentially adverse effects of deficit control measures on the welfare of those and other employees of the United States Department of Agriculture; and (3) to effect savings in budget authority and outlays in the Department of Agriculture in such a manner that the potential for adverse effects on program effectiveness is minimized. SEC. 3. EXTENSION OF CREDITABLE SERVICE. (a) Extended Credit Defined.--Section 8331 of title 5, United States Code, is amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (27); (2) by striking the period at the end of paragraph (28) and inserting ``; and''; and (3) by adding after such paragraph (28) the following: ``(29) `extended credit' means creditable service for periods of service in Federal-State cooperative programs under section 8332(b)(18).''. (b) Creditable Service.--Section 8332(b) of title 5, United States Code, is amended-- (1) by striking ``and'' after the semicolon at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; and (3) by adding after such paragraph (17) the following: ``(18) subject to sections 8334(c) and 8339(i), service performed before January 1, 1984, by an individual in the employ of a State or an instrumentality of a State, if-- ``(A) such service involved duties related to the carrying out of a Federal-State cooperative program described in subsection (o)(1); ``(B) such individual was later employed in a position which was then subject to this subchapter; and ``(C) such individual (or a survivor thereof) makes application for certification of credit for such service on or before the 180th day following the date of enactment of the Agricultural Extended Retirement Credit Act of 2002.''. (c) Certification.--Section 8332(b) of title 5, United States Code, is further amended by adding at the end the following: ``The Office of Personnel Management shall accept, for purposes of this subchapter, the certification of the Secretary of Agriculture, or his designee, concerning service of the type described in paragraph (18).''. (d) Cooperative Programs Described.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) The Federal-State cooperative programs described in this subsection for which creditable service is allowable under subsection (b)(18) are-- ``(A) the Federal-State cooperative program of agricultural research of the State agricultural experiment stations as defined in section 1 of the Act entitled `An Act to consolidate the Hatch Act of 1887 and laws supplementary thereto relating to the appropriation of Federal funds for support of agricultural experiment stations in the States, Alaska, Hawaii, and Puerto Rico', approved August 11, 1955 (69 Stat. 671); ``(B) the Federal-State cooperative program of forestry research at eligible institutions of the State as defined in section 2 of the Act entitled `An Act to authorize the Secretary of Agriculture to encourage and assist the several States in carrying on a program of forestry research, and for other purposes', approved October 10, 1962 (76 Stat. 806), and popularly referred to as the McIntire-Stennis Act; ``(C) the Federal-State cooperative program of agricultural research for the fiscal year ending June 30, 1967 and later fiscal years at the 1890 land-grant colleges, including Tuskegee Institute, as defined in subsection 1445(a) of the `National Agricultural Research, Extension, and Teaching Policy Act of 1977', approved September 29, 1977 (91 Stat. 1009); ``(D) the Federal-State cooperative program of agricultural extension work authorized by the Act entitled `An Act to provide for cooperative agricultural extension work between the agricultural colleges in the several States receiving the benefits of an Act of Congress approved July second, eighteen hundred and sixty-two, and of Acts supplementary thereto, and the United States Department of Agriculture', approved May 8, 1914 (38 Stat. 372), and acts supplementary thereto; ``(E) the Federal-State cooperative program of vocational education, including State programs of instruction in vocational agriculture and home economics authorized by the Act entitled `An Act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure', approved February 23, 1917 (39 Stat. 929), and acts supplementary thereto; ``(F) the Federal-State cooperative program in marketing service and research authorized by the Agricultural Marketing Act of 1946, approved August 14, 1946 (60 Stat. 1087), and predecessor programs, including programs to inspect, certify, and identify the class, quality, quantity, and condition of agricultural products shipped or received in interstate commerce; ``(G) the Federal-State cooperative program for the control of plant pests and animal diseases authorized by the subheading entitled `Federal Horticulture Board' under the heading entitled `Department of Agriculture' of the Act entitled `An Act making appropriations to supply urgent deficiencies in appropriations for the fiscal year ending June thirtieth, nineteen hundred and eighteen, and prior fiscal years, on account of war expenses, and for other purposes', approved October 6, 1917 (40 Stat. 374); by section 102 of the Department of Agriculture Organic Act of 1944, approved September 21, 1944 (58 Stat. 734); by the joint resolution entitled `Joint resolution making funds available for the control of incipient or emergency outbreaks of insect pests or plant diseases, including grasshoppers, mormon crickets, and chinch bugs', approved April 6, 1937 (50 Stat. 57); by the Act entitled `An Act to provide for regulating, inspecting, cleaning, and, when necessary, disinfecting railway cars, other vehicles, and other materials entering the United States from Mexico', approved January 31, 1942 (56 Stat. 40); by the Act entitled `An Act to regulate the importation of nursery stock and other plants and plant products; to enable the Secretary of Agriculture to establish and maintain quarantine districts for plant diseases and insect pests; to permit and regulate the movement of fruits, plants, and vegetables therefrom, and for other purposes', approved August 20, 1912 (37 Stat. 315); by the first paragraph under the subheading entitled `Enforcement of the Plant-Quarantine Act' under the heading entitled `Miscellaneous' of the Act entitled `An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and fourteen', approved March 4, 1913 (37 Stat. 853), insofar as such paragraph relates to the importation of certain plants for scientific purposes; by the second, third, and fourth paragraphs under the subheading entitled `Enforcement of the Plant-Quarantine Act' under the heading entitled `Miscellaneous' of the Act entitled `An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and sixteen', approved March 4, 1915 (38 Stat. 1113); and by section 11 of the Act entitled `An Act for the establishment of a Bureau of Animal Industry, to prevent the exportation of diseased cattle, and to provide for the suppression and extirpation of pleuropneumonia and other contagious diseases among domestic animals', approved May 29, 1884 (23 Stat. 31); ``(H) the Federal-State cooperative programs of forest protection, management, and improvement performed under authority of the Act entitled `An Act to provide for the protection of forest lands, for the reforestation of denuded areas, for the extension of national forests, and for other purposes, in order to promote the continuous production of timber on the lands chiefly suitable therefore', approved June 7, 1924 (43 Stat. 653); of the Cooperative Forest Management Act, approved August 25, 1950 (64 Stat. 473); and of the Forest Pest Control Act, approved June 25, 1947 (61 Stat. 177); and the predecessor programs of any Act referred to in this paragraph; ``(I) the Federal-State cooperative programs of emergency relief, including State rural rehabilitation corporation programs established for the purposes of the Federal Emergency Relief Act of 1933, approved May 12, 1933 (48 Stat. 55); the Act entitled `An Act making an additional appropriation to carry out the purposes of the Federal Emergency Relief Act of 1933, for continuation of the civil works program, and for other purposes', approved February 15, 1934 (48 Stat. 351); and title II of the Act entitled `An Act making appropriations to supply deficiencies in certain appropriations for the fiscal year ending June 30, 1934, and prior fiscal years, to provide supplemental general and emergency appropriations for the fiscal years ending June 30, 1934, and June 30, 1935, and for other purposes', approved June 19, 1934 (48 Stat. 1021); ``(J) the Federal-State Cooperative Veterans' educational programs, including part-time instruction in on-the-farm training programs, as provided for in title II, chapter IV, `Education of Veterans', of the Serviceman's Readjustment Act of 1944, approved June 22, 1944 (58 Stat. 287), and subsequent amendments and Acts pertaining thereto; ``(K) the Federal-State cooperative programs in wildlife restoration and in fish restoration and management authorized respectively by the Acts entitled `An Act to provide that the United States shall aid these States in wildlife restoration projects, and for other purposes', approved September 2, 1937 (50 Stat. 917), and popularly referred to as the Pittman- Robertson Act, and `An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes', approved August 9, 1950, and popularly referred to as the Dingell-Johnson Act (64 Stat. 431) and the program of animal damage control authorized by the Act entitled `An Act to authorize the Secretary of Agriculture to carry out his ten-year cooperative program for the eradication, suppression, or bringing under control of predatory and other wild animals injurious to agriculture, horticulture, forestry, animal husbandry, wild game, and other interests, and for the suppression of rabies and tularemia in predatory or other wild animals, and for other purposes', approved March 2, 1931 (46 Stat. 1468). ``(2) Within 60 days following the date of enactment of the Agricultural Extended Retirement Credit Act of 2002, the Office of Personnel Management shall promulgate specific extended credit application and certification instructions to be followed by the Secretary of Agriculture in determining eligibility for extended credit for periods of service in the Federal-State cooperative programs enumerated in subsection (b)(18), and by individuals in making application for such extended credit.''. (e) Annuity Adjustments.--Section 8345 of title 5, United States Code, is amended by adding at the end the following: ``(m) If the Secretary of Agriculture certifies to the Office of Personnel Management creditable service for purposes of this subchapter of the type described in section 8332(b)(17), in response to application by an annuitant or survivor annuitant, then the annuity of the annuitant or survivor annuitant shall be adjusted on the first day of the month following the date of enactment of the Agricultural Extended Retirement Credit Act of 2002 so that the amount of the annuity shall be the same as if the total creditable service of the employee or Member, on whose creditable service the annuity was computed, had included, on the original date on which the annuity was computed, the amount of service certified.''. SEC. 4. EXPEDITED RETIREMENT SAVINGS. (a) In General.--Notwithstanding any other provisions of law, the Secretary of Agriculture shall at the end of each pay period for which both the first and last days occur in the expedited retirement period transfer to the expedited retirement trust fund, out of any monies appropriated to the Department of Agriculture, an amount equal to expedited retirement savings for that pay period. (b) Definitions.--For the purpose of this section-- (1) the term ``pay period'' means the biweekly Federal pay period; (2) the term ``expedited retirement period'' means the period beginning on the 60th day after the date of enactment of this Act and ending at the end of the fourth fiscal year which begins on or after the first day of such period; (3) the term ``expedited retiree'' means an individual who retires from a position in the Department of Agriculture on any day of the expedited retirement period and who receives extended credit under the amendments made by this Act; (4) the term ``expedited retiree pay rate'' means the biweekly regular pay rate of an expedited retiree on his or her last day of employment before retirement; (5) the term ``expedited retirement savings'' means, for any given pay period for which both the first and last days occurred within the expedited retirement period, the aggregate of 160 percent of the expedited retiree pay rates for all expedited retirees whose last day of employment prior to retirement occurred on or before the first day of the given pay period; and (6) the term ``expedited retirement trust fund'' means a trust fund of the Department of Agriculture which serves as depository for budget authority and outlay saved in any fiscal year of the expedited retirement period resulting from implementation of this Act and amendments made by this Act. SEC. 5. LIMITATION ON USE OF SAVINGS. (a) In General.--(1) None of the budget authority and outlays saved in any fiscal year by reason of the transfer of expedited retirement savings to the expedited retirement trust fund resulting from the implementation of this Act and the amendments made by this Act may be obligated or expended for any purpose. (2) The total amount of budget authority and outlays saved in any fiscal year (as described in paragraph (1)) shall, at the end of that fiscal year be carried to the surplus fund of the Department of Agriculture and deposited by the Secretary of Agriculture in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, as a contribution of the United States Government to such Fund, under such procedures as the Comptroller General may prescribe. (3) The total amount of budget authority and outlays saved in any fiscal year (as described in paragraph (1)) shall be credited against any amount of pay and other personnel and direct support costs required to be sequestered in such fiscal year under the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177). (b) Audits.--The Comptroller General shall notify Congress, in writing, of each noncompliance with the requirements of subsection (a). SEC. 6. PROGRAM REPORT. (a) In General.--Not later than 1 year after the first day of the expedited retirement period, the Director of the Office of Personnel Management shall transmit to Congress a report containing an evaluation of the expedited retirement savings program. (b) Contents of Report.--The report under subsection (a) shall include the following: (1) The number of employees who retired under the expedited retirement program, stated by age group of the retirees, and by grade or other position classification of the retirees. (2) The amount of expedited retirement savings that have resulted, before the date of the report, from the implementation of this Act and the amendments made by this Act. (c) Administrative Provision.--The Director of the Office of Personnel Management may obtain from any agency of the Federal Government such information as the Director determines necessary to prepare the report required by subsection (a).

Agricultural Extended Retirement Credit Act of 2002 - Extends creditable service under the Civil Service Retirement System for periods of service in certain Federal-State cooperative programs which had agricultural or related purposes.Requires the Office of Personnel Management (OPM) to promulgate specific extended credit application and certification instructions to be followed by the Secretary of Agriculture in determining eligibility for extended credit for such periods of service, and by individuals in making application for such extended credit. Provides for appropriate annuity adjustments upon certification by the Secretary to the Office of Personnel Management (OPM) in response to annuitant applications.Directs the Secretary to transfer to the expedited retirement trust fund an amount equal to the expedited retirement savings realized by individuals receiving extended retirement credit under this Act.Prohibits the obligation or expenditure of any budget authority or outlays saved in any fiscal year by reason of implementation of this Act. Requires transfer to the Department's surplus fund of the savings resulting from the expedited retirement of those employees of the Department who have been extended such credit. Requires the surplus budget authority and outlays so transferred to be: (1) deposited by the Secretary in the Treasury to the credit of the Civil Service Retirement and Disability Fund, as a Government contribution; and (2) credited against pay and other personnel costs required to be sequestered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).Requires the Comptroller General to notify the Congress of each instance of noncompliance with such requirements.Directs the OPM Director to report to the Congress an evaluation of the expedited retirement savings program.

To amend title 5, United States Code, to allow periods of certain service performed as an employee under certain Cooperative Federal-State programs to be creditable for purposes of civil service retirement.

SECTION 1. OFFICE OF PENSION PARTICIPANT ADVOCACY. (a) In General.--Title III of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1201 et seq.) is amended by adding at the end the following: ``Subtitle D--Office of Pension Participant Advocacy ``SEC. 3051. OFFICE OF PENSION PARTICIPANT ADVOCACY. ``(a) Establishment.-- ``(1) In general.--There is established in the Department of Labor an office to be known as the `Office of Pension Participant Advocacy'. ``(2) Pension participant advocate.--The Office of Pension Participant Advocacy shall be under the supervision and direction of an official to be known as the `Pension Participant Advocate' who shall-- ``(A) have demonstrated experience in the area of pension participant assistance, and ``(B) be selected by the Secretary after consultation with pension participant advocacy organizations. The Pension Participant Advocate shall report directly to the Secretary and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code. ``(b) Functions of Office.--It shall be the function of the Office of Pension Participant Advocacy to-- ``(1) evaluate the efforts of the Federal Government, business, and financial, professional, retiree, labor, women's, and other appropriate organizations in assisting and protecting pension plan participants, including-- ``(A) serving as a focal point for, and actively seeking out, the receipt of information with respect to the policies and activities of the Federal Government, business, and such organizations which affect such participants, ``(B) identifying significant problems for pension plan participants and the capabilities of the Federal Government, business, and such organizations to address such problems, and ``(C) developing proposals for changes in such policies and activities to correct such problems, and communicating such changes to the appropriate officials, ``(2) promote the expansion of pension plan coverage and the receipt of promised benefits by increasing the awareness of the general public of the value of pension plans and by protecting the rights of pension plan participants, including-- ``(A) enlisting the cooperation of the public and private sectors in disseminating information, and ``(B) forming private-public partnerships and other efforts to assist pension plan participants in receiving their benefits, ``(3) advocate for the full attainment of the rights of pension plan participants, including by making pension plan sponsors and fiduciaries aware of their responsibilities, ``(4) give priority to the special needs of low and moderate income participants, and ``(5) develop needed information with respect to pension plans, including information on the types of existing pension plans, levels of employer and employee contributions, vesting status, accumulated benefits, benefits received, and forms of benefits. ``(c) Reports.-- ``(1) Annual report.--Not later than December 31 of each calendar year, the Pension Participant Advocate shall report to the Committees on Education and the Workforce and Ways and Means of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Finance of the Senate on its activities during the fiscal year ending in the calendar year. Such report shall-- ``(A) identify significant problems the Advocate has identified, ``(B) include specific legislative and regulatory changes to address the problems, and ``(C) identify any actions taken to correct problems identified in any previous report. The Pension Participant Advocate shall submit a copy of such report to the Secretary and any other appropriate official at the same time it is submitted to the committees of Congress. ``(2) Specific reports.--The Pension Participant Advocate shall report to the Secretary or any other appropriate official any time the Advocate identifies a problem which may be corrected by the Secretary or such official. ``(3) Reports to be submitted directly.--The report required under paragraph (1) shall be provided directly to the committees of Congress without any prior review or comment by any person other than the Secretary or any other Federal officer or employee. ``(d) Specific Powers.-- ``(1) Receipt of information.--Subject to such confidentiality requirements as may be appropriate, the Secretary and other Federal officials shall, upon request, provide such information (including plan documents) as may be necessary to enable the Pension Participant Advocate to carry out the Advocate's responsibilities under this section. ``(2) Appearances.--The Pension Participant Advocate may represent the views and interests of pension plan participants before any Federal agency, including, upon request of a participant, in any proceeding involving the participant. ``(3) Contracting authority.--In carrying out responsibilities under subsection (b)(5), the Pension Participant Advocate may, in addition to any other authority provided by law-- ``(A) contract with any person to acquire statistical information with respect to pension plan participants, and ``(B) conduct direct surveys of pension plan participants.''. (b) Conforming Amendment.--The table of contents for title III of such Act is amended by adding at the end the following: ``Subtitle D--Office of Pension Participant Advocacy ``3051. Office of Pension Participant Advocacy''. (c) Effective Date.--The amendment made by this section shall take effect on January 1, 2006.

Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish an Office of Pension Participant Advocacy, with a Pension Participant Advocate, in the Department of Labor.

A bill to create an independent office in the Department of Labor to advocate on behalf of pension participants, and for other purposes.

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Shield Our Streets Act of 2012''. (b) Definitions.--In this Act: (1) Elevated need locality.--The term ``elevated need locality'' means a county or other unit of local government that is not part of a county that-- (A) has a violent crime rate at or above the national average, as determined by the Federal Bureau of Investigation; and (B) has, during the most recent 5-year period, had budget reductions. (2) Unit of local government.--The term ``unit of local government'' has the meaning given such term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791). SEC. 2. SHIELD POLICE HIRING GRANTS. (a) In General.--The Attorney General is authorized to carry out a program, through the Office of Community Oriented Policing Services, to award grants to eligible local law enforcement agencies to assist such agencies with hiring and rehiring career law enforcement officers in accordance with this section. (b) Eligible Local Law Enforcement Agencies.--For the purposes of this section, an ``eligible local law enforcement agency'' is a local law enforcement agency that has jurisdiction over all or part of an elevated need locality. (c) Use of Funds.--Grant funds awarded under this section shall be used by an eligible local law enforcement agency to-- (1) hire and train new career law enforcement officers for deployment in the jurisdiction of the agency; or (2) rehire career law enforcement officers who have been laid off as a result of Federal, State, or local budget reductions. (d) Grant Period.--Each grant awarded under this section shall be for a period of 3 years and may be extended or renewed for an additional 2-year period at the discretion of the Attorney General. (e) Technical Assistance.--The Attorney General shall provide technical assistance to eligible local law enforcement agencies during the application process and while such agencies are carrying out grants under this section. (f) No Matching Requirement.--An eligible local law enforcement agency receiving a grant under this section shall not be required to provide any portion of the costs, in cash or in-kind, of the activities carried out with such grant from non-Federal funds. (g) Authorization of Appropriations.--In addition to any other funds authorized to be appropriated for hiring and rehiring local law enforcement officers, there are authorized to be appropriated to carry out this section $100,000,000 for each of the fiscal years 2013 through 2018. SEC. 3. SHIELD PUBLIC SAFETY ENHANCEMENT GRANTS. (a) In General.--The Attorney General is authorized to carry out a program to award grants to eligible organizations to enhance public safety through the activities described in subsection (c). (b) Eligible Organizations.--For the purposes of this section, an ``eligible organization'' is-- (1) a unit of local government that has jurisdiction over all or part of an elevated need locality; or (2) a nonprofit organization that operates in one or more elevated need localities. (c) Authorized Activities.--Grant funds awarded under this section shall be used as follows: (1) With respect to an eligible organization described in subsection (b)(1), to enhance public safety in the jurisdiction of the organization. Such enhancement may include-- (A) purchasing public safety equipment; (B) funding public safety programs; (C) making infrastructure improvements for the purpose of enhancing public safety; (D) purchasing and installing street lights and other lights to deter crime; (E) funding activities related to crime labs; and (F) funding public defender programs. (2) With respect to an eligible organization described in subsection (b)(2), to carry out programs designed to reduce crime in one or more of the counties or cities under subsection (b)(2). (d) Grant Period.--Each grant awarded under this section shall be for a period of one year and may be extended or renewed for an additional period at the discretion of the Attorney General. (e) Technical Assistance.--The Attorney General shall provide technical assistance to eligible organizations during the application process and while such organizations are carrying out grants under this section. (f) No Matching Requirement.--An eligible organization receiving a grant under this section shall not be required to provide any portion of the costs, in cash or in-kind, of the activities carried out with such grant from non-Federal funds. (g) Authorization of Appropriations.--In addition to any other funds authorized to be appropriated for public safety enhancement by eligible organizations, there are authorized to be appropriated to carry out this section $100,000,000 for each of the fiscal years 2013 through 2018.

Shield Our Streets Act of 2012 - Authorizes the Attorney General to carry out a program, through the Office of Community Oriented Policing Services, to award grants to assist eligible local law enforcement agencies with hiring and training new law enforcement officers and with rehiring career law enforcement officers who have been laid off as a result of budget reductions. Defines an "eligible" local law enforcement agency as one that has jurisdiction over all or part of a county or other unit of local government that has a violent crime rate at or above the national average and that has had budget reductions during the most recent five-year period (elevated need locality). Authorizes the Attorney General to carry out a program to award grants to units of local government that have jurisdiction over all or part of an elevated need locality to enhance public safety in such jurisdictions, including by: (1) purchasing public safety equipment, (2) funding public safety programs, (3) making infrastructure improvements, (4) purchasing and installing lights to deter crime, (5) funding activities related to crime labs, and (6) funding public defender programs. Authorizes such grants to nonprofit organizations that operate in elevated need localities to carry out programs designed to reduce crime in such areas.

To improve public safety through increased law enforcement presence and enhanced public safety equipment and programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs and Opportunity Bonus Tax Credit Act of 2014'' or the ``JOB Tax Credit Act''. SEC. 2. JOBS AND OPPORTUNITY BONUS CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. JOBS AND OPPORTUNITY BONUS CREDIT. ``(a) In General.--For purposes of section 38, in the case of an eligible employer, the jobs and opportunity bonus credit determined under this section with respect to any eligible employee of the employer is an amount equal to the lesser of-- ``(1) 50 percent of the job training program expenditures of the taxpayer with respect to such employee during the taxable year, or ``(2) $5,000. ``(b) Eligible Employer.--For purposes of this section, the term `eligible employer' means an employer which employed an average of not more than 500 full-time employees during the taxable year. ``(c) Job Training Program Expenses.--For purposes of this section-- ``(1) In general.--The term `job training program expenses' means amounts paid or incurred by the employer for expenses incurred by or on behalf of an eligible employee for participation in a qualified training program. ``(2) Qualified training program.--For purposes of this subsection, the term `qualified training program' means any of the following written plans of study and training: ``(A) An apprenticeship program registered and certified with the Secretary of Labor under section 1 of the National Apprenticeship Act (29 U.S.C. 50). ``(B) A program licensed, registered, or certified by the workforce investment board or apprenticeship agency or council of a State or administered in compliance with apprenticeship laws of a State. ``(C) A program conducted by a vocational or technical education school, community college, industrial or trade training organization, or labor organization. ``(D) A program which conforms to apprentice training programs developed or administered by an employer trade group or committee. ``(E) An industry sponsored or administered program which is clearly identified and commonly recognized. ``(d) Eligible Employee.--For purposes of this section, the term `eligible employee' means any employee of the employer, who while participating in the job skills training program is employed on average at least 40 hours of service per week. ``(e) Recapture of Credit for Employee Not Performing Minimum Service.-- ``(1) In general.--In the case of any employee with respect to whom a credit is allowed under this section and whose employment is terminated by the employer (other than by reason of such employee's gross misconduct) before the end of the 2- year period beginning on the first day of the employee's study or training with respect to which a credit is allowed under this section, the tax of the taxpayer under this chapter for the taxable year during which such termination occurs shall be increased by an amount equal to-- ``(A) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the job training program expenses with respect to such employee had been zero, multiplied by ``(B) the inclusion ratio. ``(2) Inclusion ratio.--For purposes of this subsection, the inclusion ratio is the ratio which-- ``(A) an amount equal to the difference of-- ``(i) the number of days in the 2-year period, over ``(ii) the number of days such employee was employed by the employer during such 2-year period, bears to ``(B) the number of days in the 2-year period. ``(f) Controlled Groups.--For purposes of this section, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(g) Termination.--The section shall not apply amounts paid or incurred during taxable years beginning after December 31, 2017.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the jobs and opportunity bonus credit determined under section 45S(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Jobs and opportunity bonus credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Jobs and Opportunity Bonus Tax Credit Act of 2014 or the JOB Tax Credit Act - Amends the Internal Revenue Code to allow employers who employ not more than 500 full-time employees during the taxable year a business-related tax credit equal to the lesser of: (1) 50% of the job training program expenditures for a full-time employee participating in a qualified training program, or (2) $5,000. Terminates such credit after 2017.

JOB Tax Credit Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Port of Entry Personnel and Infrastructure Funding Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the General Services Administration. (2) Commissioner.--The term ``Commissioner'' means the Commissioner of U.S. Customs and Border Protection. (3) Northern border.--The term ``Northern border'' means the international border between the United States and Canada. (4) Relevant committees of congress.--The term ``relevant committees of Congress'' means-- (A) the Committee on Environment and Public Works of the Senate; (B) the Committee on Finance of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on the Judiciary of the Senate; (E) the Committee on Homeland Security of the House of Representatives; (F) the Committee on the Judiciary of the House of Representatives; and (G) the Committee on Transportation and Infrastructure of the House of Representatives. (5) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (6) Southern border.--The term ``Southern border'' means the international border between the United States and Mexico. SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL. (a) Staff Enhancements.-- (1) Authorization.--In addition to positions authorized before the date of the enactment of this Act and any existing officer vacancies within U.S. Customs and Border Protection on such date, the Secretary, subject to the availability of appropriations for such purpose, shall hire, train, and assign to duty, by not later than September 30, 2023-- (A) 5,000 full-time U.S. Customs and Border Protection officers to serve on all inspection lanes (primary, secondary, incoming, and outgoing) and enforcement teams at United States land ports of entry on the Northern border and the Southern border; and (B) 350 full-time support staff for all United States ports of entry. (2) Waiver of fte limitation.--The Secretary may waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security in order to carry out paragraph (1). (b) Reports to Congress.-- (1) Outbound inspections.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the relevant committees of Congress a report that includes a plan for ensuring the placement of sufficient U.S. Customs and Border Protection officers on outbound inspections, and adequate outbound infrastructure, at all Southern border land ports of entry. (2) Sufficient agricultural specialists and personnel.--Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture and the Secretary of Health and Human Services, shall submit to the relevant committees of Congress a report that contains plans for the Department of Homeland Security, the Department of Agriculture, and the Department of Health and Human Services, respectively, for ensuring the placement of sufficient U.S. Customs and Border Protection agriculture specialists, Animal and Plant Health Inspection Service entomologist identifier specialists, Food and Drug Administration consumer safety officers, and other relevant and related personnel at all Southern border land ports of entry. (3) Annual implementation report.--Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to the relevant committees of Congress a report that-- (A) details the Department of Homeland Security's implementation plan for the staff enhancements required under subsection (a)(1)(A); (B) includes the number of additional personnel assigned to duty at land ports of entry, classified by location; (C) describes the methodology used to determine the distribution of additional personnel to address northbound and southbound cross-border inspections; and (D) includes-- (i) the strategic plan required under section 5(a)(1); (ii) the model required under section 5(b), including the underlying assumptions, factors, and concerns that guide the decision-making and allocation process; and (iii) the new outcome-based performance measures adopted under section 5(c). (c) Secure Communication.--The Secretary shall ensure that each U.S. Customs and Border Protection officer is equipped with a secure 2- way communication and satellite-enabled device, supported by system interoperability, that allows U.S. Customs and Border Protection officers to communicate-- (1) between ports of entry and inspection stations; and (2) with other Federal, State, tribal, and local law enforcement entities. (d) Border Area Security Initiative Grant Program.--The Secretary shall establish a program for awarding grants for the purchase of-- (1) identification and detection equipment; and (2) mobile, hand-held, 2-way communication devices for State and local law enforcement officers serving on the Southern border. (e) Port of Entry Infrastructure Improvements.-- (1) In general.--The Commissioner may aid in the enforcement of Federal customs, immigration, and agriculture laws by-- (A) designing, constructing, and modifying-- (i) United States ports of entry; (ii) living quarters for officers, agents, and personnel; (iii) technology and equipment, including technology and equipment deployed in support of standardized and automated collection of vehicular travel time; and (iv) other structures and facilities, including structures and facilities owned by municipalities, local governments, or private entities located at land ports of entry; (B) acquiring, by purchase, donation, exchange, or otherwise, land or any interest in land determined to be necessary to carry out the Commissioner's duties under this section; and (C) constructing additional ports of entry along the Southern border and the Northern border. (2) Prioritization.--In selecting improvements under this section, the Commissioner, in coordination with the Administrator, shall give priority consideration to projects that will substantially-- (A) reduce commercial and passenger vehicle and pedestrian crossing wait times at one or more ports of entry on the same border; (B) increase trade, travel efficiency, and the projected total annual volume at one or more ports of entry on the same border; and (C) enhance safety and security at border facilities at one or more ports of entry on the same border. (f) Consultation.-- (1) Locations for new ports of entry.--The Secretary shall consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of State, the International Boundary and Water Commission, the International Joint Commission, and appropriate representatives of States, Indian tribes, local governments, and property owners, as appropriate, to-- (A) determine locations for new ports of entry; and (B) minimize adverse impacts from such ports on the environment, historic and cultural resources, commerce, and the quality of life of the communities and residents located near such ports. (2) Savings provision.--Nothing in this subsection may be construed to-- (A) create any right or liability of the parties described in paragraph (1); (B) affect the legality or validity of any determination by the Secretary under this Act; or (C) affect any consultation requirement under any other law. (g) Authority To Acquire Leaseholds.--Notwithstanding any other provision of law, if the Secretary determines that the acquisition of a leasehold interest in real property and the construction or modification of any facility on such leased property are necessary to facilitate the implementation of this Act, the Secretary may-- (1) acquire such leasehold interest; and (2) construct or modify such facility. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, for each of the fiscal years 2018 through 2023, $1,000,000,000, of which $5,000,000 shall be used for grants authorized under subsection (d). (i) Offset, Rescission of Unobligated Federal Funds.-- (1) In general.--There is hereby rescinded, from appropriated discretionary funds that remain available for obligation on the date of the enactment of this Act (other than the unobligated funds referred to in paragraph (4)), amounts determined by the Director of the Office of Management and Budget that are equal, in the aggregate, to the amount authorized to be appropriated under subsection (h). (2) Implementation.--The Director of the Office of Management and Budget shall determine and identify-- (A) the appropriation accounts from which the rescission under paragraph (1) shall apply; and (B) the amount of the rescission that shall be applied to each such account. (3) Report.--Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress and to the Secretary of the Treasury a report that describes the accounts and amounts determined and identified under paragraph (2) for rescission under paragraph (1). (4) Exceptions.--This subsection shall not apply to unobligated funds of-- (A) the Department of Defense; (B) the Department of Veterans Affairs; or (C) the Department of Homeland Security. SEC. 4. IMPLEMENTATION OF GOVERNMENT ACCOUNTABILITY OFFICE FINDINGS. (a) Border Wait Time Data Collection.-- (1) Strategic plan.--The Secretary, in consultation with the Commissioner, the Administrator of the Federal Highway Administration, State departments of transportation, and other public and private stakeholders, shall develop a strategic plan for standardized collection of vehicle wait times at land ports of entry. (2) Elements.--The strategic plan required under paragraph (1) shall include-- (A) a description of how U.S. Customs and Border Protection will ensure standardized manual wait time collection practices at ports of entry; (B) current wait time collection practices at each land port of entry, which shall also be made available through existing online platforms for public reporting; (C) the identification of a standardized measurement and validation wait time data tool for use at all land ports of entry; and (D) an assessment of the feasibility and cost for supplementing and replacing manual data collection with automation, which should utilize existing automation efforts and resources. (3) Updates for collection methods.--The Secretary shall update the strategic plan required under paragraph (1) to reflect new practices, timelines, tools, and assessments, as appropriate. (b) Staff Allocation.--The Secretary, in consultation with the Commissioner and State, municipal, and private sector stakeholders at each port of entry, shall develop a standardized model for the allocation of U.S. Customs and Border Protection officers and support staff at land ports of entry, including allocations specific to field offices and the port level that utilizes-- (1) current and future operational priorities and threats; (2) historical staffing levels and patterns; and (3) anticipated traffic flows. (c) Outcome-Based Performance Measures.-- (1) In general.--The Secretary, in consultation with the Commissioner and relevant public and private sector stakeholders, shall identify and adopt not fewer than two new, outcome-based performance measures that support the trade facilitation goals of U.S. Customs and Border Protection. (2) Effect of trusted traveler and shipper programs.-- Outcome-based performance measures identified under this subsection should include-- (A) the extent to which trusted traveler and shipper program participants experience decreased annual percentage wait time compared to nonparticipants; and (B) the extent to which trusted traveler and shipper program participants experience an annual reduction in percentage of referrals to secondary inspection facilities compared to nonparticipants. (3) Agency efficiencies.--The Secretary may not adopt performance measures under this subsection that-- (A) solely address U.S. Customs and Border Protection resource efficiency; or (B) fail to adequately-- (i) gauge the impact of programs or initiatives on trade facilitation goals; or (ii) measure benefits to stakeholders. (4) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the relevant committees of Congress a report that identifies-- (A) the new performance measures developed under this subsection; and (B) the process for the incorporation of such measures into existing performance measures.

Emergency Port of Entry Personnel and Infrastructure Funding Act of 2018 This bill directs the Department of Homeland Security (DHS) to hire, train, and assign to duty, by September 30, 2023: (1) 5,000 additional full-time U.S. Customs and Border Protection (CBP) officers to serve on all inspection lanes and enforcement teams at U.S. land ports of entry on the northern and southern borders, and (2) 350 full-time support staff for all U.S. ports of entry. The bill also requires DHS to: ensure that each CBP officer is equipped with a secure two-way communication and satellite-enabled device that allows communication between ports of entry and inspection stations and with other law enforcement entities; award grants for the purchase of identification and detection equipment and mobile, hand-held, two-way communication devices for state and local law enforcement officers serving on the southern border; develop a strategic plan for standardized collection of vehicle wait times at land ports of entry and update it to reflect new practices, time lines, tools, and assessments; develop a standardized model for the allocation of CBP officers and support staff at land ports of entry; and identify and adopt at least two new, outcome-based performance measures that support the trade facilitation goals of the CBP.

Emergency Port of Entry Personnel and Infrastructure Funding Act of 2018

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Middle Class and Small Business Tax Relief Act of 2012''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; etc. Sec. 2. Permanent extension of certain 2001 tax relief for middle-class families, small businesses, and family farms. Sec. 3. Permanent extension of 2003 tax relief for middle-class families, small businesses, and family farms. Sec. 4. Temporary extension of 2009 tax relief. Sec. 5. Temporary extension of estate tax relief. Sec. 6. Temporary extension of increased alternative minimum tax exemption amount. Sec. 7. Temporary extension of alternative minimum tax relief for nonrefundable personal credits. SEC. 2. PERMANENT EXTENSION OF CERTAIN 2001 TAX RELIEF FOR MIDDLE-CLASS FAMILIES, SMALL BUSINESSES, AND FAMILY FARMS. (a) In General.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended-- (1) by striking ``this Act shall not apply--'' and all that follows through ``in the case of title V,'' in subsection (a) and inserting ``title V shall not apply'', and (2) by striking ``years,'' in subsection (b). (b) Application to Certain High-Income Taxpayers.-- (1) Income tax rates.-- (A) Treatment of 25- and 28-percent rate brackets.--Paragraph (2) of section 1(i) is amended to read as follows: ``(2) 25- and 28-percent rate brackets.--The tables under subsections (a), (b), (c), (d), and (e) shall be applied-- ``(A) by substituting `25%' for `28%' each place it appears (before the application of subparagraph (B)), and ``(B) by substituting `28%' for `31%' each place it appears.''. (B) 33- and 35-percent rate brackets.--Subsection (i) of section 1 is amended by redesignating paragraph (3) as paragraph (6) and by inserting after paragraph (2) the following new paragraph: ``(3) Applicable amounts in the fourth rate bracket.-- ``(A) In general.--In the case of a taxpayer whose applicable amount for the taxable year is in the fourth rate bracket-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer's taxable income in the fourth rate bracket shall be 33 percent to the extent such income does not exceed an amount equal to the excess of-- ``(I) the applicable amount, over ``(II) the dollar amount at which such bracket begins, and ``(ii) the 36 percent rate of tax under such subsections shall apply only to the taxpayer's taxable income in such bracket in excess of the amount to which clause (i) applies. ``(iii) Fourth rate bracket.--For purposes of this paragraph, the term `fourth rate bracket' means the bracket which would (determined without regard to this paragraph) be the 36-percent rate bracket. ``(4) Applicable amounts in the highest rate bracket.-- ``(A) In general.--In the case of a taxpayer whose applicable amount for the taxable year is in the highest rate bracket-- ``(i) the tables under subsections (a), (b), (c), and (d) shall be applied by substituting `33%' for `36%' each place it appears, ``(ii) the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer's taxable income in the highest rate bracket shall be 35 percent to the extent such income does not exceed an amount equal to the excess of-- ``(I) the applicable amount, over ``(II) the dollar amount at which such bracket begins, and ``(iii) the 39.6 percent rate of tax under such subsections shall apply only to the taxpayer's taxable income in such bracket in excess of the amount to which clause (i) applies. ``(B) Highest rate bracket.--For purposes of this paragraph, the term `highest rate bracket' means the bracket which would (determined without regard to this paragraph) be the 39.6-percent rate bracket. ``(5) Applicable amount.--For purposes of this subsection-- ``(A) In general.--The term `applicable amount' means the excess of-- ``(i) the applicable threshold, over ``(ii) the sum of the following amounts in effect for the taxable year: ``(I) the basic standard deduction (within the meaning of section 63(c)(2)), and ``(II) the exemption amount (within the meaning of section 151(d)(1)) (or, in the case of subsection (a), 2 such exemption amounts). ``(B) Applicable threshold.--The term `applicable threshold' means, in the case of any taxpayer for any taxable year, the sum of-- ``(i) the base amount, plus ``(ii) the small business and family farm income of such taxpayer for such taxable year. ``(C) Base amount.--The term `base amount' means-- ``(i) $250,000 in the case of subsection (a), ``(ii) $200,000 in the case of subsections (b) and (c), and ``(iii) \1/2\ the amount applicable under clause (i) (after adjustment, if any, under subparagraph (G)) in the case of subsection (d). ``(D) Small business and family farm income.-- ``(i) In general.--The term `small business and family farm income' means, with respect to any taxpayer for any taxable year, the gross income of the taxpayer for such taxable year which is attributable to-- ``(I) any small trade or business of the taxpayer (other than the trade or business of being an employee), or ``(II) any dividends, distributions, or interest received from any small business. ``(ii) Deductions taken into account.--The amount of gross income taken into account under clause (i) shall be reduced by the amount of any deductions properly allocable thereto. ``(iii) Small business.--The term `small business' means any corporation or partnership which employed an average of less than 500 employees on business days during the taxable year. A trade or business shall be treated as a small trade or business if such trade or business would be a small business if such trade or business was a corporation. For purposes of this clause, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single entity. ``(E) Inflation adjustment.--For purposes of this paragraph, with respect to taxable years beginning in calendar years after 2012, each of the dollar amounts under clauses (i) and (ii) of subparagraph (C) shall be adjusted in the same manner as under paragraph (1)(C), except that subsection (f)(3)(B) shall be applied by substituting `2011' for `1992'.''. (2) Phaseout of personal exemptions and itemized deductions.-- (A) Overall limitation on itemized deductions.-- Section 68 is amended-- (i) by striking ``the applicable amount'' the first place it appears in subsection (a) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (ii) by striking ``the applicable amount'' in subsection (a)(1) and inserting ``such applicable threshold'', (iii) by striking subsection (b) and redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and (iv) by striking subsections (f) and (g). (B) Phaseout of deductions for personal exemptions.-- (i) In general.--Paragraph (3) of section 151(d) is amended-- (I) by striking ``the threshold amount'' in subparagraphs (A) and (B) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (II) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C), and (III) by striking subparagraphs (E) and (F). (ii) Conforming amendments.--Paragraph (4) of section 151(d) is amended-- (I) by striking subparagraph (B), (II) by redesignating clauses (i) and (ii) of subparagraph (A) as subparagraphs (A) and (B), respectively, and by indenting such subparagraphs (as so redesignated) accordingly, and (III) by striking all that precedes ``in a calendar year after 1989,'' and inserting the following: ``(4) Inflation adjustment.--In the case of any taxable year beginning''. (c) Effective Date.--Except as otherwise provided, the amendments made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 3. PERMANENT EXTENSION OF 2003 TAX RELIEF FOR MIDDLE-CLASS FAMILIES, SMALL BUSINESSES, AND FAMILY FARMS. (a) Permanent Extension.-- (1) In general.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is hereby repealed. (2) Effective date.--The repeal made by this subsection shall take effect as if included in the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003. (b) 20-Percent Capital Gains Rate for Certain High-Income Individuals.-- (1) In general.--Paragraph (1) of section 1(h) is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable income) as exceeds the amount on which a tax is determined under subparagraph (B), or ``(ii) the excess (if any) of-- ``(I) the amount of taxable income which would (without regard to this paragraph) be taxed at a rate below 36 percent (39.6 percent in the case of a taxpayer whose applicable amount (as defined in subsection (i)(3)) is above the dollar amount at which the highest rate bracket (as defined in such subsection) begins), over ``(II) the sum of the amounts on which a tax is determined under subparagraphs (A) and (B), ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C),''. (2) Minimum tax.--Paragraph (3) of section 55(b) is amended by striking subparagraph (C), by redesignating subparagraph (D) as subparagraph (E), and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable excess) as exceeds the amount on which tax is determined under subparagraph (B), or ``(ii) the excess described in section 1(h)(1)(C)(ii), plus ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C), plus''. (c) Conforming Amendments.-- (1) The following provisions are each amended by striking ``15 percent'' and inserting ``20 percent'': (A) Section 531. (B) Section 541. (C) Section 1445(e)(1). (D) The second sentence of section 7518(g)(6)(A). (E) Section 53511(f)(2) of title 46, United States Code. (2) Sections 1(h)(1)(B) and 55(b)(3)(B) are each amended by striking ``5 percent (0 percent in the case of taxable years beginning after 2007)'' and inserting ``0 percent''. (3) Section 1445(e)(6) is amended by striking ``15 percent (20 percent in the case of taxable years beginning after December 31, 2010)'' and inserting ``20 percent''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided, the amendments made by subsections (b) and (c) shall apply to taxable years beginning after December 31, 2012. (2) Withholding.--The amendments made by paragraphs (1)(C) and (3) of subsection (c) shall apply to amounts paid on or after January 1, 2013. SEC. 4. TEMPORARY EXTENSION OF 2009 TAX RELIEF. (a) American Opportunity Tax Credit.-- (1) In general.--Section 25A(i) is amended by striking ``or 2012'' and inserting ``2012, or 2013''. (2) Treatment of possessions.--Section 1004(c)(1) of division B of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking ``and 2012'' each place it appears and inserting ``2012, and 2013''. (b) Child Tax Credit.--Section 24(d)(4) is amended-- (1) by striking ``and 2012'' in the heading and inserting ``2012, and 2013'', and (2) by striking ``or 2012'' and inserting ``2012, or 2013''. (c) Earned Income Tax Credit.--Section 32(b)(3) is amended-- (1) by striking ``and 2012'' in the heading and inserting ``2012, and 2013'', and (2) by striking ``or 2012'' and inserting ``2012, or 2013''. (d) Temporary Extension of Rule Disregarding Refunds in the Administration of Federal Programs and Federally Assisted Programs.-- Subsection (b) of section 6409 is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (e) Effective Dates.--The amendments made by this section shall apply to taxable years beginning after December 31, 2012. SEC. 5. TEMPORARY EXTENSION OF ESTATE TAX RELIEF. (a) In General.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001, as amended by this Act, is amended by striking ``December 31, 2012'' and inserting ``December 31, 2013''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001. SEC. 6. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX EXEMPTION AMOUNT. (a) In General.--Paragraph (1) of section 55(d) is amended-- (1) by striking ``$72,450'' and all that follows through ``2011'' in subparagraph (A) and inserting ``$78,750 in the case of taxable years beginning in 2012'', and (2) by striking ``$47,450'' and all that follows through ``2011'' in subparagraph (B) and inserting ``$50,600 in the case of taxable years beginning in 2012''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 7. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR NONREFUNDABLE PERSONAL CREDITS. (a) In General.--Paragraph (2) of section 26(a) is amended-- (1) by striking ``or 2011'' and inserting ``2011, or 2012'', and (2) by striking ``2011'' in the heading thereof and inserting ``2012''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

Middle Class and Small Business Tax Relief Act of 2012 - Makes provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) permanent for taxpayers whose adjusted gross incomes do not exceed a specified base amount (i.e., $200,000 for individual taxpayers and $250,000 for married couples filing jointly). Revises income tax rates to increase to 39.6% the maximum income tax rate for taxpayers whose incomes exceed the base amount. Makes provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 that reduce the tax rate on dividend and capital gains income for taxpayers whose incomes do not exceed the base amount permanent. Increases to 20% the tax rate on dividend and capital gains income for taxpayers whose incomes are above the base amount. Amends the Internal Revenue Code to extend for an additional year: (1) the increased Hope Scholarship tax credit (designated as the American Opportunity Tax Credit), (2) the increase in the refundable portion of the child tax credit, (3) the increased percentage of the earned income tax credit for taxpayers with three or more qualifying children, (4) the disregard of tax refunds for purposes of determining eligibility for certain means tested federal programs, (5) the increased exemption from the alternative minimum tax (AMT) for individual taxpayers, and (6) the offset against the AMT for certain nonrefundable personal tax credits. Extends until December 31, 2013, the estate, gift, and generation-skipping transfer provisions of EGTRRA.

To amend the Internal Revenue Code of 1986 to provide tax relief to middle-class families, small businesses, and family farms.

SECTION 1. DUTY-FREE TREATMENT OF CERTAIN FOODSTUFFS ORIGINATING IN NAFTA COUNTRIES. (a) Amendments to U.S. Notes.--Subchapter II of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by adding after U.S. note 6 the following new note: ``7. Certain food preparations that are the product of Canada or Mexico consisting of, or processed using, a material exported from the United States.--The following provisions apply only to subheading 9802.00.95: ``(a) Entry of any product described by subheading 9802.00.95: ``(i) shall not be subject to duty under the provisions of subchapter IV of chapter 99; and ``(ii) if a tariff-rate quota provision would have applied to such product but for subheading 9802.00.95, the quantity of the product entered under that subheading shall not be counted against the quantity specified as the in-quota quantity for any such product. ``(b) The term `product of Canada or Mexico' means a good: ``(i) that is determined to be a product of Canada or of Mexico under rules of origin promulgated by the Secretary of the Treasury pursuant to Annex 311 of the North American Free Trade Agreement, as implemented under the North American Free Trade Agreement Implementation Act; or ``(ii) that is processed, packaged, or otherwise advanced in value or improved in condition in Canada or Mexico (or both) and that is determined to be a product of the United States under such rules of origin. ``(c) The term `product of the United States' means a good or material that is determined to be a product of the United States under rules of origin promulgated by the Secretary of the Treasury pursuant to Annex 311 of the North American Free Trade Agreement, as implemented under the North American Free Trade Agreement Implementation Act. ``(d) The term `processed in Canada or Mexico (or both) using a good or material that was exported from the United States' includes, but is not limited to: ``(i) processing in Canada or Mexico using a good or material that previously was imported into the United States; and ``(ii) processing in Canada or Mexico using a good or material that was processed in a country or countries other than Canada or Mexico after exportation from the United States, if such processing did not effect a change in the country of origin of the good as exported from the United States.''. (b) Duty-Free Treatment.--Subchapter II of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9802.00.95 Any good of Free (see U.S. note subheading 7 of this 2008.11, that is a subchapter) '' product of Canada . or Mexico and that was processed in Canada or Mexico (or both) using a good or material exported from the United States, if the following conditions are met: (1) the good as imported into the United States is an originating good satisfying the requirements of General Note 12 of the tariff schedule; and (2) any good or material of heading 1202 or 2008 that was used in the processing in Canada or in Mexico (or both) of the good imported into the United States was a product of the United States and was produced from quota peanuts as defined in section 358-1 of the Agriculture Adjustment Act of 1938 that are products of the United States..... (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

Amends the Harmonized Tariff Schedule of the United States to provide duty-free treatment for certain food preparations that are the product of Canada or Mexico consisting of, or processed using, a material exported from the United States.

To provide duty-free treatment for certain foodstuffs originating in NAFTA countries.

SECTION 1. FINDINGS. The Congress finds that-- (1) the right to public trials and other court proceedings is protected by the First and Sixth Amendments to the Constitution; (2) while members of the public once commonly attended trials in person, today they must rely on the print and electronic media to learn about court proceedings; (3) Americans' understanding of the courts and their important work, as well as respect for the judicial system, is enhanced when photographic and electronic media coverage is permitted; (4) while 47 States now allow photographic and electronic media coverage of some or all of their courts, Federal courts have been entirely closed to such coverage, aside from a limited experimental program; (5) the presence of cameras and microphones in the courtroom does not deny litigants due process of law, or interfere with the fundamental fairness of the trial, as the Supreme Court recognized more than a decade ago in Chandler v. Florida; and (6) photographic and electronic media coverage of the courts does not, when appropriately regulated, either disrupt the proceedings or undermine the fair administration of justice. SEC. 2. MEDIA COVERAGE OF COURT PROCEEDINGS. Chapter 111 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1659. Media coverage of court proceedings ``(a) Media Coverage.-- ``(1) In criminal proceedings.--The Judicial Conference shall, within 1 year after the effective date of this section, authorize an experimental program in which the presiding judge of a court of the United States may, in his or her discretion, and subject to the provisions of this section, permit photographic or electronic media coverage of criminal court proceedings, including trials. At least 15 Federal judicial districts shall participate in the experimental program. ``(2) In civil proceedings.--Any presiding judge of a court of the United States may, in his or her discretion, and subject to the provisions of this section, permit photographic or electronic media coverage of civil court proceedings, including trials. ``(3) General limitations.--The court may in any case refuse, limit, or terminate photographic or electronic media coverage in the interests of justice to protect the rights of the parties and the dignity of the court, or to assure the fair administration of justice. No changes in the scheduling, form, or procedure of any court proceeding may be made, by virtue of this section, for the benefit of the media in providing photographic or electronic media coverage under this section. ``(b) Permission To Use Media Coverage.-- ``(1) Requests for permission.--A request for permission to use photographic or electronic media coverage of a court proceeding under this section shall be made on a form approved by the Judicial Conference that is filed within a reasonable time before the portion of the proceeding for which media coverage is requested. The clerk of the court shall promptly notify the parties to the proceeding of the request. ``(2) Action of the court on requests.--A decision of the court granting or denying a request for photographic or electronic media coverage shall be in writing and shall be included in the record of the court proceedings. A decision to permit such coverage shall contain any restrictions imposed by the judge on the photographic or electronic media coverage and shall contain a statement advising the parties that any violation of the rules of the court with respect to such permission may be punished by the court as a contempt thereof. A decision of the court under this paragraph to grant or deny a request for photographic or electronic media coverage may be set aside on review only if it is found to be an abuse of discretion. ``(3) Pretrial conference.--A pretrial conference shall be held in each case in which photographic or electronic media coverage of a proceeding has been approved. At such conference, the presiding judge shall review with counsel and the media who will participate in the photographic or electronic media coverage the restrictions to be imposed on such coverage. Counsel shall convey to the court any concerns of prospective witnesses with respect to the photographic or electronic media coverage. ``(c) Prohibited Coverage.-- ``(1) Prohibitions.--Proceedings held in chambers, proceedings closed to the public, and jury selection shall not be photographed, recorded, or broadcast under this section. The testimony of police informants, minors, undercover agents, and in cases involving sex offenses, the victim and family of the victim, shall not be photographed, recorded, or broadcast under this section. Conferences between an attorney and a client, witness, or aide, between attorneys, or between counsel and the court at the bench shall not be recorded or received by sound equipment. Closeup photography of jurors is prohibited. ``(2) Arraignments and suppression hearings.--Photographic or electronic media coverage of arraignments and suppression hearings shall not be permitted unless the proceedings are open to the public. ``(3) Witnesses at criminal trials.--Upon the request of a witness in any criminal proceeding for which photographic or electronic media coverage is permitted under this section, the presiding judge may, for good cause shown based on the circumstances of that witness, order that the visual image of the witness be obscured. ``(d) Equipment and Personnel.--The court may require media personnel to demonstrate that equipment proposed to be used for photographic or electronic media coverage under this section complies with this section. The court may specify the placement of media personnel and equipment to permit reasonable coverage without disruption of the proceedings. Unless the court in its discretion orders otherwise, the following applies: ``(1) Only 2 television cameras and 2 still photographers, with not more than 4 cameras and 6 lenses, are permitted. ``(2) Equipment shall not produce distracting sound or light. Signal lights or devices indicating when equipment is operating shall not be visible. ``(3) If the court permits existing courtroom sound and lighting systems to be modified, the modifications shall be installed, maintained, and removed without cost to the Federal Government. Microphones and wiring shall be unobtrusively located in places approved by the court and shall be operated by 1 person. ``(4) Operators shall not move equipment or enter or leave the courtroom while the court is in session, or otherwise cause a distraction. ``(5) Equipment or clothing shall not bear the insignia or marking of a media agency. ``(e) Pooling.--If media agencies are unable to agree on arrangements for pooled coverage of a proceeding, the court shall deny photographic and electronic media coverage of the proceeding under this section. ``(f) Other Photographing, Recording, or Broadcasting.--Any photographing, recording, or broadcasting of court proceedings, other than that permitted under this section, is prohibited unless specifically authorized by the court, except that the court may not waive any provision of subsection (c). ``(g) Review Committee.-- ``(1) Creation.--There shall be created a committee to evaluate whether photographic or electronic media coverage of criminal court proceedings should be permitted after June 30, 1998, or whether such coverage so disrupts or interferes with the fairness of criminal court proceedings as to justify its prohibition. ``(2) Membership.--The committee shall consist of 16 members, 4 to be appointed by the Judicial Conference, 4 to be appointed by the Attorney General of the United States, 2 to be appointed by the Speaker of the House of Representatives, 2 to be appointed by the minority leader of the House of Representatives, 2 to be appointed by the majority leader of the Senate, and 2 to be appointed by the minority leader of the Senate. The chair of the committee shall be appointed by the Judicial Conference. At least 1 member of the committee appointed by the Attorney General shall be a representative of the electronic news media, and at least 1 member of the committee appointed by the Judicial Conference shall be a trial judge who has had experience with photographic or electronic media coverage of court proceedings. ``(3) Duties.--The committee shall evaluate, analyze, and monitor the effect of media coverage of criminal court proceedings on the administration of justice. The Federal Judicial Center shall cooperate with the committee in connection with the review of the impact of photographic or electronic media coverage on criminal court proceedings. The committee may request participation and assistance from bar associations in carrying out its functions. ``(4) Compensation.--The members of the committee shall serve without compensation for their services as members of the committee, except that each member of the committee who is not an officer or employee of the Federal Government may be allowed necessary and actual expenses incurred in the performance of his or her duties under this subsection. Such expenses shall be paid by the Administrative Office of the United States Courts. ``(5) Recommendations.--The committee shall make recommendations to the Congress and to the Judicial Conference with respect to the efficacy of the experimental program authorized by subsection (a)(1), the effects of the program on the administration of justice, and whether the program should be continued. Such recommendations shall be submitted not later than January 31, 1998. ``(h) Rules and Regulations.--The Judicial Conference shall promulgate appropriate rules to carry out this section after affording all interested persons, agencies, and institutions an opportunity to review and comment thereon. Such rules shall include provisions to ensure that the photographic or electronic media coverage of court proceedings does not interfere with the decorum and dignity of courtrooms and court facilities. ``(i) Definitions.--For purposes of this section-- ``(1) the term `photographic or electronic media coverage' means any recording or broadcasting of court proceedings by the media using television, radio, photographic, or recording equipment; and ``(2) the term `media' or `media agency' means any person or organization engaging in news gathering or reporting and includes any newspaper, radio or television station or network, news service, magazine, trade paper, in-house publication, professional journal, or other news reporting or news gathering agency. ``(j) Termination or Extension of Program.-- ``(1) Termination.--Subject to paragraph (2), the experimental program authorized by subsection (a)(1) shall terminate on June 30, 1998. ``(2) Extension by judicial conference.--Paragraph (1) does not apply if the Judicial Conference extends the program authorized by subsection (a)(1) and so notifies the Congress in writing before June 30, 1998. Such extension may apply to criminal proceedings in all judicial districts (subject to subsection (c)) and may apply until such time as the Judicial Conference provides otherwise. ``(k) Inapplicability of Rule 53 of the Rules of Criminal Procedure.--Rule 53 of the Federal Rules of Criminal Procedure does not apply during the period the program authorized by subsection (a)(1) (including any extension under subsection (j)(2)) is in effect. ``(l) Independent Action by Judicial Conference.--Nothing in this section precludes the Judicial Conference from authorizing photographic and electronic media coverage of criminal proceedings before the program authorized by subsection (a)(1) terminates.''. SEC. 3. CONFORMING AMENDMENT. The table of sections for chapter III of title 28, United States Code, is amended by adding at the end the following: ``1659. Media coverage of court proceedings.''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on the date of the enactment of this Act.

Amends the Federal judicial code to: (1) direct the Judicial Conference to authorize an experimental program in which the presiding judge of a court of the United States may, in his or her discretion, permit photographic or electronic media coverage of criminal court proceedings, including trials (requires that at least 15 Federal judicial districts participate in the experimental program); and (2) authorize any presiding judge to permit such coverage of civil court proceedings, including trials. Authorizes the court in any case to refuse, limit, or terminate such coverage in the interests of justice to protect the rights of the parties and the dignity of the court, or to assure the fair administration of justice. Prohibits any changes in the scheduling, form, or procedure of any court proceeding by virtue of this Act for the benefit of the media in providing such coverage. Sets forth provisions regarding: (1) requests for permission to use media coverage; (2) prohibited coverage; (3) equipment and personnel; (4) pooled coverage; and (5) other photographing, recording, or broadcasting. Provides for the creation of a committee to evaluate whether photographic or electronic media coverage of criminal court proceedings should be permitted after June 30, 1998, or whether such coverage so disrupts or interferes with the fairness of criminal court proceedings as to justify its prohibition. Directs: (1) the committee to evaluate, analyze, and monitor the effect of media coverage of criminal court proceedings on the administration of justice and make recommendations to the Congress and the Judicial Conference; (2) the Federal Judicial Center to cooperate with the committee in connection with the review of the impact of such coverage; and (3) the Judicial Conference to promulgate appropriate rules to carry out this Act after affording all interested persons, agencies, and institutions an opportunity to review and comment thereon. Terminates the experimental program on June 30, 1998, unless the Judicial Conference extends the program and notifies the Congress in writing before that date. Makes rule 53 of the Federal Rules of Criminal Procedure (prohibiting taking photographs in the court room during judicial proceedings or radio broadcasting such proceedings) inapplicable during the period that the program is in effect. Allows the Judicial Conference to authorize such coverage of criminal proceedings before the program terminates.

To amend title 28, United States Code, with respect to photographing, recording, and broadcasting court proceedings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Warning Reporting System Improvement Act of 2014''. SEC. 2. ADDITIONAL EARLY WARNING REPORTING REQUIREMENTS. Section 30166(m) of title 49, United States Code is amended-- (1) in paragraph (3)(C)-- (A) by striking ``The manufacturer'' and inserting the following: ``(i) In general.--The manufacturer''; and (B) by adding at the end the following: ``(ii) Fatal incidents.--If an incident described in clause (i) involves fatalities, the Secretary shall require the manufacturer to submit, as part of its incident report-- ``(I) all initial claims or notice documents that notified the manufacturer of the incident; ``(II) any police reports or other documents describing or reconstructing the incident; and ``(III) any amendments or supplements to the documents described in subclause (I), except for-- ``(aa) medical documents and bills; ``(bb) property damage invoices or estimates; and ``(cc) documents related to damages.''; (2) in paragraph (4), by amending subparagraph (C) to read as follows: ``(C) Disclosure.-- ``(i) In general.--The information provided to the Secretary pursuant to this subsection-- ``(I) shall be disclosed publicly unless exempt from disclosure under section 552(b) of title 5; and ``(II) shall be entered into the early warning reporting database in a manner that is searchable by manufacturer name, vehicle or equipment make and model name, model year, and type of potential defect. ``(ii) Presumption.--In administering this subparagraph, the Secretary shall presume in favor of maximum public availability of information. ``(iii) Inapplicability of confidentiality provisions.--In administering this paragraph, the confidentiality provisions under section 552(b)(4) of title 5, shall not be construed to prevent the public disclosure of-- ``(I) production information regarding passenger motor vehicles; ``(II) information on incidents involving death or injury; ``(III) numbers of property damage claims; or ``(IV) aggregated numbers of consumer complaints.''; and (3) by adding at the end the following: ``(6) Use of early warning reports.--The Secretary shall consider information gathered under this section in proceedings described in sections 30118 and 30162.''. SEC. 3. IMPROVED NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION VEHICLE SAFETY DATABASES. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and after consultation with frequent users of its publicly available databases, the Secretary of Transportation (referred to in this section as the ``Secretary'') shall improve public accessibility to information on the National Highway Traffic Safety Administration's publicly accessible vehicle safety databases by-- (1) improving organization and functionality, including design features such as drop-down menus, and allowing for data from all of the publicly accessible vehicle safety databases to be searched, sorted, aggregated, and downloaded in a manner-- (A) consistent with the public interest; and (B) that facilitates easy use by consumers; (2) providing greater consistency in presentation of vehicle safety issues; (3) improving searchability about specific vehicles and issues through standardization of commonly used search terms and the integration of databases to enable all to be simultaneously searched using the same keyword search function; and (4) ensuring that all documents, studies, investigations, inspections, incident reports, and other materials related to an incident that are created or obtained by the National Highway Traffic Safety Administration be made publicly available in a manner that is searchable in databases by-- (A) manufacturer name, vehicle or equipment make and model name, and model year; (B) type of potential defect; (C) number of injuries or fatalities; and (D) any other element that the Secretary determines to be in the public interest. (b) Inspection and Investigation Information.--The Secretary shall-- (1) provide public notice of all inspection and investigation activities conducted by the Secretary under section 30166 of title 49, United States Code; and (2) make such notices, and notice of any enforcement or other action taken as a result of an inspection or investigation-- (A) available to consumers on the Internet immediately after such notice is issued; and (B) searchable by manufacturer name, vehicle or equipment make and model name, model year, system or component, and the type of inspection or investigation being conducted.

Early Warning Reporting System Improvement Act of 2014 - Revises early warning reporting requirements for manufacturers of motor vehicles regarding possible defects of motor vehicles and motor vehicle equipment. Directs the Secretary of Transportation (DOT) to require a manufacturer in cases where the defect has caused a fatality to provide certain additional information as part of its report to the Secretary. Requires that information to be publicly disclosed and entered into the National Highway Traffic Safety Administration (NHTSA) early warning reporting database. Directs the Secretary to: (1) take specified actions to improve public accessibility to information on NHTSA's public vehicle safety databases; and (2) give public notice via the internet of all inspections or investigations conducted by the Secretary to enforce a motor vehicle safety requirement or order, or that are related to a motor vehicle accident due to a possible defect.

Early Warning Reporting System Improvement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Space Act of 2003''. SEC. 2. FINDINGS. The Congress finds that-- (1) a prolonged and severe downturn in the market for commercial space launches has resulted in-- (A) a significant reduction in the United States global market share in orbital space launches; (B) a severe decrease in the number of Government- licensed orbital launches; and (C) a commercial space transportation industry dependent upon Government business opportunities; (2) the continuous reduction of cost and improvement in safety and reliability of commercial space transportation capabilities is a necessary ingredient to achieving most United States space goals; (3) the opening of outer space to the American people and their economic, scientific, and cultural enterprises is a priority goal which should guide Federal space investments, policy development, and regulatory action; (4) despite a weak United States launch industry, recent industrial and technical developments indicate that commercial suborbital human spaceflight vehicles are under active development in both the United States and other nations, and greater private investment in these development efforts will promote greater innovation and competitiveness for the United States commercial space transportation industry as a whole; (5) space transportation is not without risks; (6) a critical area of responsibility for the Office of the Associate Administrator for Commercial Space Transportation is to ensure that the Federal regulation of this new commercial suborbital human spaceflight industry should focus on protecting the safety of the general, uninvolved public, while allowing involved persons to assume risks which are inherent to human spaceflight activities; (7) enactment of a 3-year extension of the excess third party claims payment provision of chapter 701 of title 49, United States Code (Commercial Space Launch Activities) is necessary to provide an appropriate period to evaluate recommended changes to the Government's commercial space launch indemnification regime; (8) the Secretary of Transportation should establish regulatory guidelines that foster an efficient and cost- effective process for ensuring safe commercial space launch operations at the Nation's launch ranges and bases; and (9) the public interest is served by creating a clear legal and regulatory regime for commercial space transportation, including an unambiguous delineation of regulatory roles and responsibilities. SEC. 3. AMENDMENTS. (a) Authorization of Appropriations for Office of Commercial Space Transportation.--Section 70119 of title 49, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) $11,523,000 for fiscal year 2004; and ``(2) $11,000,000 for fiscal year 2005.''. (b) Findings.--Section 70101(a) of title 49, United States Code, is amended-- (1) in paragraph (3), by inserting ``human spaceflight,'' after ``research,''; and (2) in paragraph (4), by striking ``satellite'' and inserting ``space'', and by striking ``services now available from'' and inserting ``capabilities of''. (c) Definitions.--Section 70102 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (2) through (16) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (16), (19), and (20), respectively; (2) by inserting after paragraph (1) the following new paragraph: ``(2) `crew' means an individual or individuals carried within a launch or reentry vehicle who performs a function necessary for the protection of public safety. ''; (3) in paragraph (9), as so redesignated by paragraph (1) of this subsection-- (A) by inserting ``an individual or'' after ``means''; (B) by inserting ``or return from'' after ``to place in''; and (C) by striking ``that object'' and inserting ``that individual or object''; (4) by inserting after paragraph (14), as so redesignated by paragraph (1) of this subsection, the following new paragraph: ``(15) `spaceflight participant' means an individual who is not crew carried within a launch or reentry vehicle during a launch or reentry.''; (5) by inserting after paragraph (16), as so redesignated by paragraph (1) of this subsection, the following new paragraphs: ``(17) `suborbital rocket' means a rocket-propelled vehicle intended for flight on a suborbital trajectory whose thrust is greater than its lift for the majority of the powered portion of its flight. ``(18) `suborbital trajectory' means the intentional flight path of a launch vehicle, reentry vehicle, or any portion thereof, whose vacuum instantaneous impact point does not leave the surface of the Earth.''; and (6) in paragraph (19), as so redesignated by paragraph (1) of this subsection-- (A) by striking ``or'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(E) crew or spaceflight participants.''. (d) Commercial Human Spaceflight.--(1) Section 70104 of title 49, United States Code, is amended-- (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following new subsection: ``(c) Compliance With Spaceflight Participant Requirements.--The holder of a license under this chapter may launch or reenter a spaceflight participant only if-- ``(1) the spaceflight participant has received training and met medical or other standards specified in the license; ``(2) the spaceflight participant is informed of the safety record of the launch or reentry vehicle type; and ``(3) the launch or reentry vehicle is marked in a manner specified by the Secretary of Transportation which identifies it as a launch or reentry vehicle rather than an aircraft.''. (2) Section 70112(b)(1) of title 49, United States Code, is amended by striking ``property damage or loss it sustains, or for personal injury to, death of, or property damage or loss sustained by its own employees'' and inserting ``personal injury, death, property damage, or loss it sustains, and for personal injury to, death of, or property damage or loss sustained by its own employees,''. SEC. 4. REGULATORY FRAMEWORK. The Secretary of Transportation shall take appropriate efforts, including realignment of personnel and resources, to create a streamlined, cost-effective, and enabling regulatory framework for the United States commercial human spaceflight industry. The Secretary of Transportation shall clearly distinguish the Department's regulation of air commerce from its regulation of commercial human spaceflight, and focus the Department's regulation of commercial human spaceflight activities on protecting the safety of the general public, while allowing spaceflight participants who have been trained and meet license-specific standards to assume an informed level of risk. Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Congress a report on the progress made in implementing this section. SEC. 5. COMMERCIAL SPACE TRANSPORTATION INDEMNIFICATION EXTENSION. Section 70113(f) of title 49, United States Code, is amended by striking ``December 31, 2004'' and inserting ``December 31, 2007''. SEC. 6. LIABILITY REGIME FOR COMMERCIAL SPACE TRANSPORTATION. (a) Applications.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Transportation shall enter into an appropriate arrangement with the National Academy of Public Administration to conduct a study on the liability risk-sharing regime in the United States for commercial space transportation. The study shall recommend modifications to the liability regime and characterization of actions required to implement those modifications. The study shall analyze the adequacy, propriety, and effectiveness of, and the need for, the current liability risk-sharing regime. The study shall specifically consider-- (1) other countries' regimes; (2) the use of the designation of ``ultra hazardous'' for space transportation activities; (3) relevant international treaties; (4) impacts of reusable launch vehicles and spaceports; and (5) the feasibility of airline-like liability regimes. The study shall use a clearly described, analytical methodology to specify the factors used in evaluating the current regime and alternative approaches to the current regime. Estimates of impacts shall be quantified where possible. (b) Completion Date.--The results of the study described in subsection (a) shall be transmitted to the Congress not later than 18 months after the date of the enactment of this Act. SEC. 7. OFFICE OF SPACE COMMERCE. (a) Redesignation.--The Office of Space Commercialization established under section 8 of the Technology Administration Act of 1998 (15 U.S.C. 1511e) is redesignated as the Office of Space Commerce. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce for the Office of Space Commerce-- (1) $1,800,000 for fiscal year 2004; and (2) $2,000,000 for fiscal year 2005. SEC. 8. DELEGATION OF LICENSING AUTHORITY. (a) Delegation.--The Secretary of Commerce shall delegate the authority provided to the Secretary under title II of the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5621 et seq.) to the Director of the Office of Space Commerce. (b) Amendment.--Section 8(c) of the Technology Administration Act of 1998 (15 U.S.C. 1511e(c)) 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) licensing private sector parties to operate private remote sensing space systems; and ``(9) serving as the Executive Secretary for the Interagency Global Positioning System Executive Board.''.

Commercial Space Act of 2003 - Amends the Commercial Space Launch Act (CSLA) to prohibit CSLA license holders from launching or reentering a spaceflight participant unless: (1) the participant has received training and met medical or other standards specified in the license; (2) the participant is informed of the safety record of the launch or reentry vehicle type; and (3) the launch or reentry vehicle is marked to distinguish it from an aircraft in a manner specified by the Secretary of Transportation. Requires the Secretary to create, and report to Congress on progress in implementing, a streamlined, cost-effective, and enabling regulatory framework for the U.S. commercial human spaceflight industry. Extends current indemnification provisions for commercial space transportation through calendar 2007. Requires the Secretary to arrange with the National Academy of Public Administration to study and report to Congress on the liability risk-sharing regime for U.S. commercial space transportation. Redesignates the Department of Commerce's Office of Space Commercialization as the Office of Space Commerce (OSC). Requires the Secretary of Commerce to delegate to the Director of OSC the Secretary's licensing authority for private remote sensing space systems (satellite photo systems). Amends the Technology Administration Act of 1998 to reflect this delegation of authority and to give the Director of OSC responsibility for serving as Executive Secretary for the Interagency Global Positioning System Executive Board.

To promote the development of the commercial space transportation industry, to authorize appropriations for the Office of the Associate Administrator for Commercial Space Transportation, to authorize appropriations for the Office of Space Commerce, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Tax Equity Act of 2006''. SEC. 2. DEMONSTRATION PROGRAM FOR STATE ADMINISTRATION OF UNEMPLOYMENT COMPENSATION PROGRAM. (a) In General.--Chapter 23 of the Internal Revenue Code of 1986 (26 U.S.C. 3301-3311) is amended-- (1) by redesignating section 3311 as section 3312; and (2) by inserting after section 3310 the following new section: ``SEC. 3311. DEMONSTRATION PROGRAM FOR STATE ADMINISTRATION OF UNEMPLOYMENT COMPENSATION PROGRAM. ``(a) In General.--The Secretary of Labor shall establish a demonstration program under which the primary responsibility for the proper and efficient administration of a State's unemployment compensation law is transferred (by agreement with the Secretary of Labor) to each participating State for the duration of the demonstration project under such program. Such agreement shall contain such terms and conditions as the Secretary of Labor determines necessary or appropriate to carry out this section. ``(b) Limitation on Number of Participating States.--The Secretary of Labor may not enter into agreements under this section for demonstration projects under the demonstration program with more than 5 States. ``(c) Application.-- ``(1) In general.--The Governor of any State which desires to enter into an agreement under this section may submit an application to the Secretary of Labor at such time, in such manner, and including such information as the Secretary of Labor may require. Such application shall, at a minimum, include-- ``(A) a description of the demonstration project, including the authorization under State law for conducting the demonstration project and the time period during which such demonstration project would be conducted; ``(B) a description of the goals relating to the demonstration project and the expected programmatic outcomes if the application to participate in the demonstration project is approved, including how the demonstration project will assist in meeting the purposes of the demonstration program described in subsection (a); ``(C) assurances, accompanied by detailed analysis, that the demonstration project will provide the amount of funding necessary for the proper and efficient administration of the State's unemployment compensation law; ``(D) a description of the manner in which the State will conduct an impact evaluation, using a control or comparison group or other methodology, of the demonstration project described in subparagraph (A) and determine whether the goals and outcomes described in subparagraph (B) are achieved; and ``(E) assurances that the State will provide any reports relating to the demonstration project as the Secretary may require. ``(2) Notice.-- ``(A) Application procedure.--The Secretary of Labor shall provide notice to each State setting forth the purposes of the demonstration program, the application requirements, and a due date for the receipt of applications. ``(B) Approval or denial of application.--The Secretary of Labor shall provide public notice of the decision to approve or deny any application submitted under this section within 30 days after notifying the State of such approval or disapproval. Notice under this subparagraph may be provided through the Internet or other appropriate means. ``(d) Period for Which Demonstration Project Is in Effect.-- ``(1) In general.--A demonstration project for which the Secretary of Labor enters into an agreement with a State under this section shall, except as provided in paragraphs (2) and (3)-- ``(A) be for a period of 5 years, ``(B) not begin before January 1, 2008, and ``(C) terminate before January 1, 2014. ``(2) Termination of agreement by secretary of labor.--The Secretary of Labor may terminate an agreement entered into under this section if the Secretary determines that the State has not complied with the terms and conditions specified in such agreement. ``(3) Termination of agreement by state.--Any State which is a party to an agreement under this section may, upon providing 30 days written notice to the Secretary of Labor, terminate such agreement. ``(e) Adjustment of Credit.--In the case of credits allowed to a taxpayer under section 3302 with respect to the unemployment compensation law of a State for which a demonstration project is in effect under this section, section 3302 shall be applied-- ``(1) in subsection (b) thereof by substituting `5.8%' for `5.4%', and ``(2) in subsection (c)(1) thereof by substituting `96.67 percent' for `90 percent'.''. (b) Ineligibility for Grants for Unemployment Compensation Administration.--Section 302 of the Social Security Act (42 U.S.C. 502) is amended by adding at the end the following new subsection: ``(d) The Secretary of Labor shall make no certification under subsection (a) for payment to any State with respect to any fiscal year (or portion of a fiscal year) during which such State is participating in a demonstration project established under section 3311 of the Internal Revenue Code of 1986.''. (c) Conforming Amendment.--The table of sections for chapter 23 of such Code is amended by striking the item relating to section 3311 and inserting after the item relating to section 3310 the following: ``Sec. 3311. Demonstration program for State administration of unemployment compensation program. ``Sec. 3312. Short title.''.

Unemployment Tax Equity Act of 2006 - Amends the Internal Revenue Code to direct the Secretary of Labor to enter into agreements with no more than five states for the establishment of demonstration programs to permit such states to assume primary responsibility for the administration of their unemployment compensation laws.

To amend the Federal Unemployment Tax Act to provide for the establishment of a demonstration project program to permit States to more properly and efficiently administer the State's unemployment compensation law, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Borrowers' Bill of Rights Act of 2013''. TITLE I--BORROWERS' RIGHT TO BASIC CONSUMER PROTECTIONS SEC. 101. DISCHARGEABILITY OF STUDENT LOANS IN BANKRUPTCY CASES. Section 523(a) of title 11 of the United States Code is amended-- (1) by striking paragraph (8); and (2) by redesignating paragraphs (9) through (19) as paragraphs (8) through (18). SEC. 102. REINSTATEMENT OF THE 6-YEAR STATUTE OF LIMITATIONS FOR STUDENT LOANS. Subsection (a) of section 484A of the Higher Education Act of 1965 (20 U.S.C. 1091a(a)) is amended to read as follows: ``(a) Statute of Limitations.--Notwithstanding any Federal or State statutory, regulatory, or administrative limitation on the period within which debts may be enforced-- ``(1) an institution that receives funds under this title may file a suit or initiate or take another action for collection of a refund due from a student on a grant made, or work assistance awarded, under this title, during the 6-year period beginning on the day after the refund first became due (exclusive of period during which the State statute of limitations otherwise applicable to a suit under this paragraph would be tolled under State law); ``(2) a guaranty agency that has an agreement with the Secretary under section 428(c) may file a suit or initiate or take another action for collection of the amount due from a borrower on a loan made under part B during the 6-year period beginning on the day after such guaranty agency reimburses the previous holder of the loan for its loss on account of the default of the borrower (exclusive of period during which the State statute of limitations otherwise applicable to a suit under this paragraph would be tolled under State law); ``(3) an institution that has an agreement with the Secretary pursuant to section 487 may file a suit or initiate or take another action for collection of the amount due from a borrower on a loan made under part D or E after the default of the borrower on such loan during the 6-year period beginning on the day after the date of the default of the borrower with respect to such amount (exclusive of period during which the State statute of limitations otherwise applicable to a suit under this paragraph would be tolled under State law); or ``(4) the Secretary, the Attorney General, or the administrative head of another Federal agency, as the case may be, may file a suit or initiate or take another action for collection of a refund due from a student on a grant made under this title, or for the repayment of the amount due from a borrower on a loan made under this title that has been assigned to the Secretary under this title, during the 6-year period beginning on the day after the refund or the amount first became due.''. SEC. 103. PROHIBITION OF COLLECTION OF STUDENT LOANS THROUGH CERTAIN OFFSETS OR THROUGH WAGE GARNISHMENT. (a) Prohibition on Offset of Social Security Benefits.--Section 3716(c)(3)(A) of title 31, United States Code, is amended-- (1) in clause (i), by striking ``except as provided in clause (ii)'' and inserting ``except as provided in clauses (ii) and (iii)''; and (2) by adding at the end the following new clause: ``(iii) Notwithstanding clause (i), any payments due to an individual under Federal benefits programs cited under clause (i) shall not be subject to offset under this subsection if the offset is for payments certified by the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).''. (b) Prohibition on Offset of Tax Refund.--Section 3720A(a) of title 31, United States Code, is amended-- (1) by striking ``Any Federal agency'' and inserting ``(1) Except as provided in paragraph (2), any Federal agency''; and (2) by adding at the end the following new paragraph: ``(2) Any past-due legally enforceable debt owed by an individual to the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) shall not be subject to notification under paragraph (1), and any refund of Federal taxes paid by the individual shall not be subject to reduction under subsection (c) for such debt.''. (c) Prohibition on Wage Garnishment.--Section 3720D(a) of title 31, United States Code, is amended-- (1) by striking ``Notwithstanding'' and inserting: ``(1) Except as provided in paragraph (2) and notwithstanding''; and (2) by adding at the end the following new paragraph: ``(2) Any delinquent nontax debt owed by an individual to the Department of Education under a program administered by the Secretary of Education under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) shall not be subject to collection under this section through garnishment of disposable pay of the individual.''. TITLE II--BORROWER'S RIGHT TO REASONABLE AND FLEXIBLE REPAYMENT OPTIONS SEC. 201. EXCLUSION FROM GROSS INCOME FOR DISCHARGE OF STUDENT LOAN INDEBTEDNESS. (a) In General.--Paragraph (1) of section 108(f) of the Internal Revenue Code of 1986 is amended by striking ``if such discharge'' and all that follows and inserting a period. (b) Student Loans.--Paragraph (2) of section 108(f) of such Code is amended by striking ``made by--'' and all that follows and inserting the following: ``. Such term includes indebtedness used to refinance indebtedness which qualifies as a student loan under the preceding sentence.''. (c) Conforming Amendments.--Section 108(f) of such Code is amended by striking paragraphs (3) and (4). (d) Effective Date.--The amendments made by this section shall apply to discharges of indebtedness after the date of the enactment of this Act. SEC. 202. 529 PLAN DISTRIBUTION FOR STUDENT LOAN PAYMENTS. (a) In General.--Subparagraph (A) of section 529(e)(3) is amended by striking clause (iii) and inserting the following new clause: ``(iii) interest or principal paid with respect to a qualified education loan (as defined in section 221) with respect to a designated beneficiary.''. (b) Conforming Amendments.-- (1) Section 529(e)(3)(A) of such Code is amended by striking the second sentence. (2) Section 72(t)(7)(A) of such Code is amended by inserting ``determined without regard to subparagraph (A)(iii) thereof'' after ``section 529(e)(3)''. (3) Section 530(b)(2)(A)(i) of such Code is amended by inserting ``determined without regard to subparagraph (A)(iii) thereof'' after ``section 529(e)(3)''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. SEC. 203. INCLUSION OF PARENT PLUS LOANS IN REPAYMENT PROGRAMS. (a) Income Contingent Repayment Plan.--Section 455(d)(1)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) is amended by striking ``, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS loan made on behalf of a dependent student;''. (b) Income-Based Repayment.-- (1) Section 493c.--Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended-- (A) in subsection (a)-- (i) by striking ``this section'' and all that follows through ``hardship'' and inserting ``In this section, the term `partial financial hardship'''; and (ii) by striking, ``(other than an excepted PLUS loan or excepted consolidation loan)''; (B) in subsection (b)-- (i) in paragraph (1), by striking ``(other than an excepted PLUS loan or excepted consolidation loan)''; and (ii) in paragraph (6)(A), by striking ``(other than an excepted PLUS loan or excepted consolidation loan)''; and (C) in subsection (c), by striking ``(other than an excepted PLUS loan or excepted consolidation loan),''. (2) Section 455(d)(1)(E).--Section 455(d)(1)(E) of such Act (20 U.S.C. 1087e(d)(1)(D)) is amended by striking ``, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS Loan made on behalf of a dependent student or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on such Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student''. (c) Pay As You Earn.--The income-contingent repayment plan (based on the President's ``Pay As You Earn'' repayment initiative) implemented in parts 674, 682, and 685 of title 34, Code of Federal Regulations, as amended by the final regulations published by the Department of Education in the Federal Register on November 1, 2012 (77 Fed. Reg. 66088 et seq.), shall be available to borrowers of-- (1) a Federal Direct PLUS loan made on behalf of a dependent student; and (2) a Federal Direct Consolidation Loan, the proceeds of which were used to discharge the liability on a Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student. (d) Loan Forgiveness for Service in Areas of National Need.-- Section 428K(a)(2) of such Act (20 U.S.C. 1078-11(a)(2)) is amended-- (1) in subparagraph (A), by striking ``(other than an excepted PLUS loan or an excepted consolidation loan (as such terms are defined in section 493C(a)))''; and (2) in subparagraph (B), by striking ``(other than an excepted PLUS loan or an excepted consolidation loan)''. SEC. 204. DETERMINATION OF ADVERSE CREDIT HISTORY. Section 428B(a)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1078-2(a)(1)(A)) is amended by striking ``regulations promulgated by the Secretary'' and inserting ``section 685.200(c) of title 34, Code of Federal Regulations (as in effect on September 30, 2011)''. TITLE III--BORROWERS' RIGHT TO A MEANINGFUL DEGREE SEC. 301. PROHIBITION ON SUSPENSIONS OF PROFESSIONAL LICENSES FOR LOAN DEFAULT. No evidence of an individual's default on the repayment of a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) may be admitted into evidence in a Federal or State proceeding involving the individual's professional or vocational license. SEC. 302. PROHIBITION ON LOSS OF ACCESS TO TRANSCRIPTS FOR LOAN DEFAULT. Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) (as amended by section 301) is further amended by adding at the end the following new paragraph: ``(31)(A) The institution will not prohibit a student from accessing the student's transcripts, degree scrolls, or other certifications of coursework or educational attainments at the institution because the student is in default on the repayment of a loan made, insured, or guaranteed under this title. ``(B) For purposes of this paragraph, the term `student' includes former students.''. TITLE IV--RIGHT TO EFFECTIVE LOAN CANCELLATION FOR BORROWERS ENGAGED IN PUBLIC SERVICE CAREERS SEC. 401. EXTENSION OF LOAN CANCELLATION FOR BORROWERS EMPLOYED IN PUBLIC SERVICE JOBS FOR 5 YEARS. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following new paragraph: ``(5) Loan cancellation after 5 years.--Beginning fiscal year 2014, the Secretary shall also cancel 50 percent of the balance of interest and principal due on any eligible Federal Direct Loan not in default for borrowers employed in a public service job for 5 years during the repayment of such loans-- ``(A) by applying paragraph (1)(A)-- ``(i) by substituting `60' for `120' each place it appears; and ``(ii) by substituting `October 1, 2007' for `October 1, 2013'; and ``(B) by applying paragraph (2), by substituting `50 percent of the balance' with `the balance'.''.

Student Loan Borrowers' Bill of Rights Act of 2013 - Removes educational loans from the list of debts that are non-dischargeable in bankruptcy. Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to reinstate the six-year statute of limitations on the recovery by: institutions of higher education (IHEs) of refund amounts owed by students on grants made, or work assistance awarded, under title IV; guaranty agencies of amounts owed on loans made under the Federal Family Education Loan (FFEL) program; IHEs that have program participation agreements with the Secretary of Education of amounts owed under the William D. Ford Federal Direct Loan program or Federal Perkins Loans program; and the federal government of amounts owed by students on grants made under title IV or amounts owed by borrowers on loans made under title IV that have been assigned to the Secretary. Prohibits the collection of amounts individuals owe the Department of Education under title IV of the HEA through: (1) offsets of social security, railroad retirement, or black lung benefits; (2) offsets of tax refunds; or (3) wage garnishment. Amends the Internal Revenue Code to exclude discharged student loan debt from an individual's gross income. Excludes from gross income distributions from qualified tuition plans that are use to pay the interest or principal on student loans. Amends the HEA to make borrowers of PLUS loans made on behalf of dependent students under: the Direct Loan program eligible for income-contingent repayment plans, including plans based on the President's Pay As You Earn repayment initiative; the Direct Loan or FFEL programs eligible for income-based repayment plans that enable borrowers who have a partial financial hardship to make lower monthly payments; and the Direct Loan or FFEL programs eligible for loan forgiveness for service in areas of national need. Specifies the regulation to be used in determining whether individuals have an adverse credit history that disqualifies them from borrowing a Direct Plus loan (provided to graduate or professional students or the parents of dependent students). Prohibits evidence of an individual's default on a loan made, insured, or guaranteed under title IV of the HEA from being used in a federal or state proceeding involving the individual's professional or vocational license. Prohibits an IHE from blocking students' access to their student records at the IHE due to such students being in default on such loans. Directs the Secretary to cancel 50% of the balance of the interest and principal due on Direct loans that are not in default for borrowers who are employed in a public service job and make 60 monthly payments on such loans after October 1, 2013.

Student Loan Borrowers' Bill of Rights Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Infrastructure Development and Expansion Act for the 21st Century''. SEC. 2. HIGH-SPEED INTERCITY RAIL FACILITY BONDS. (a) Amendment.--Chapter 261 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 26106. High-speed rail infrastructure bonds ``(a) Designation.--The Secretary may designate bonds under this section if-- ``(1) the bonds are to be issued by-- ``(A) a State, if the entire railroad passenger transportation corridor containing the infrastructure project to be financed is within the State; ``(B) 1 or more of the States that have entered into an interstate compact under section 410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C 24101 nt); or ``(C) an interstate compact described in subparagraph (B); ``(2) the bonds are for the purpose of financing-- ``(A) projects to provide a major portion of the infrastructure required to complete a railroad passenger transportation corridor, for transportation described in section 20102(1)(A)(ii), designed for sustained cruising speeds of 125 miles per hour or more, but only if the Secretary determines that the projects are part of a viable and comprehensive railroad passenger transportation corridor design for high-speed intercity rail passenger service; or ``(B) projects for the Alaska Railroad; ``(3) for a railroad passenger transportation corridor design that includes the use of freight railroad rights-of-way, a written agreement exists between the applicant and the freight railroad regarding such use, including compensation for such use and assurances regarding the adequacy of infrastructure capacity to accommodate both existing and future freight and passenger operations; ``(4) the corridor design eliminates all existing railroad grade crossings and requires no additional railroad grade crossings to be created; and ``(5) the applicant agrees to comply with the standards of section 24312 of this title, as in effect on September 1, 2001, with respect to the project. ``(b) Bond Amount Limitation.--The Secretary may designate bonds under this section in amounts not to exceed $3,600,000,000 for each of the fiscal years 2003 through 2012. Any amount of the limitation under this subsection not used for a fiscal year may be carried over and used as an additional limitation amount for any subsequent fiscal year. ``(c) Preference.--The Secretary shall give preference to the designation under this section of bonds for projects-- ``(1) with respect to which the State or States will provide State funds, for purposes other than paying the principal or interest on the bonds, that are not derived, directly or indirectly, from transfers from the Highway Trust Fund under section 9503 of the Internal Revenue Code of 1986; or ``(2) which propose to link rail passenger service with other modes of transportation. ``(d) Timely Disposition of Application.--The Secretary shall grant or deny a requested designation within 9 months after receipt of an application. ``(e) Annual Report.--The issuer of bonds designated under this section shall report annually to the Secretary regarding the terms of outstanding designated bonds and the progress made with respect to the project financed by the bonds. ``(f) Tax Provisions.-- ``(1) Exclusion from gross income.--The interest on a bond designated by the Secretary under subsection (a) shall be excluded from gross income under section 103 of the Internal Revenue Code of 1986, notwithstanding section 149(c) of such Code. ``(2) Exemption from volume cap.--For purposes of section 146 of such Code, a bond designated by the Secretary under subsection (a) of this section shall be considered to be exempt from the volume cap of the issuing authority in the same manner as bonds listed in subsection (g) of such section 146.''. (b) Table of Sections Amendment.--The table of sections of chapter 261 of title 49, United States Code, is amended by adding after the item relating to section 26105 the following new item: ``26106. High-speed rail infrastructure bonds.''. SEC. 3. HIGH-SPEED RAIL CORRIDOR DEVELOPMENT. (a) Corridor Development.-- (1) Amendments.--Section 26101 of title 49, United States Code, is amended-- (A) in the section heading, by striking ``planning'' and inserting ``development''; (B) in the heading of subsection (a), by striking ``Planning'' and inserting ``Development''; (C) by striking ``corridor planning'' each place it appears and inserting ``corridor development''; (D) in subsection (b)(1)-- (i) by inserting ``, or if it is an activity described in subparagraph (M)'' after ``high-speed rail improvements''; (ii) by striking ``and'' at the end of subparagraph (K); (iii) by striking the period at the end of subparagraph (L) and inserting ``; and''; and (iv) by adding at the end the following new subparagraph: ``(M) the acquisition of locomotives, rolling stock, track, and signal equipment.''; and (E) in subsection (c)(2), by striking ``planning'' and inserting ``development''. (2) Conforming amendment.--The item relating to section 26101 in the table of sections of chapter 261 of title 49, United States Code, is amended by striking ``planning'' and inserting ``development''. (b) Authorization of Appropriations.--Section 26104 of title 49, United States Code, is amended to read as follows: ``Sec. 26104. Authorization of appropriations ``(a) Fiscal Years 2002 Through 2009.--There are authorized to be appropriated to the Secretary-- ``(1) $25,000,000 for carrying out section 26101; and ``(2) $10,000,000 for carrying out section 26102, for each of the fiscal years 2002 through 2009. ``(b) Funds To Remain Available.--Funds made available under this section shall remain available until expended.''. SEC. 4. REHABILITATION AND IMPROVEMENT FINANCING. (a) Definitions.--Section 102(7) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 802(7)) is amended to read as follows: ``(7) `railroad' has the meaning given that term in section 20102 of title 49, United States Code; and''. (b) General Authority.--Section 502(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(a)) is amended by striking ``Secretary may provide direct loans and loan guarantees to State and local governments,'' and inserting ``Secretary shall provide direct loans and loan guarantees to State and local governments, interstate compacts entered into under section 410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C 24101 nt),''. (c) Extent of Authority.--Section 502(d) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(d)) is amended-- (1) by striking ``$3,500,000,000'' and inserting ``$35,000,000,000''; (2) by striking ``$1,000,000,000'' and inserting ``$7,000,000,000''; and (3) by adding at the end the following new sentence: ``The Secretary shall not establish any limit on the proportion of the unused amount authorized under this subsection that may be used for 1 loan or loan guarantee.''. (d) Cohorts of Loans.--Section 502(f) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)) is amended-- (1) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (D); (B) by redesignating subparagraph (E) as subparagraph (F); and (C) by adding after subparagraph (D) the following new subparagraph: ``(E) the size and characteristics of the cohort of which the loan or loan guarantee is a member; and''; and (2) by adding at the end of paragraph (4) the following: ``A cohort may include loans and loan guarantees. The Secretary shall not establish any limit on the proportion of a cohort that may be used for 1 loan or loan guarantee.''. (e) Conditions of Assistance.--Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended-- (1) in subsection (f)(2)(A), by inserting ``, if any'' after ``collateral offered''; and (2) by adding at the end of subsection (h) the following: ``The Secretary shall not require an applicant for a direct loan or loan guarantee under this section to provide collateral. The Secretary shall not require that an applicant for a direct loan or loan guarantee under this section have previously sought the financial assistance requested from another source. The Secretary shall require recipients of direct loans or loan guarantees under this section to apply the standards of section 26106(a)(5) of title 49, United States Code, to their projects, except for projects primarily benefiting Class III freight railroads.''. (f) Time Limit for Approval or Disapproval.--Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is amended by adding at the end the following new subsection: ``(i) Time Limit for Approval or Disapproval.--Not later than 180 days after receiving a complete application for a direct loan or loan guarantee under this section, the Secretary shall approve or disapprove the application.''. (g) Fees and Charges.--Section 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823) is amended by adding at the end the following new subsection: ``(l) Fees and Charges.--Except as provided in this title, the Secretary may not assess any fees, including user fees, or charges in connection with a direct loan or loan guarantee provided under section 502.''. (h) Substantive Criteria and Standards.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Transportation shall publish in the Federal Register and post on the Department of Transportation web site the substantive criteria and standards used by the Secretary to determine whether to approve or disapprove applications submitted under section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822).

Rail Infrastructure Development and Expansion Act for the 21st Century - Amends Federal rail transportation law to authorize the Secretary of Transportation to designate bonds if: (1) the bonds are issued by a State, or one or more of the States that have entered into an interstate compact under the Amtrak Reform and Accountability Act of 1997, or by such compact; (2) such bonds are for financing projects to provide a major portion of the infrastructure required to complete a railroad passenger transportation corridor for high-speed intercity rail passenger service, or for projects for the Alaska Railroad; (3) for a railroad passenger transportation corridor design that includes the use of freight railroad rights-of-way, a written agreement exists between the applicant and the freight railroad regarding such use and other conditions are met; (4) the corridor design eliminates all existing railroad grade crossings and requires no additional railroad grade crossings to be created; and (5) the applicant agrees to comply with certain labor standards with respect to such project. Excludes the interest on such bonds from an individual's gross income.Makes corridor development activities (including the acquisition of locomotives, rolling stock, track, and signal equipment) eligible for Federal assistance.Amends specified Federal law to change from discretionary to mandatory the Secretary's authority to provide direct loans and loan guarantees for rail rehabilitation and improvement projects to State and local governments, interstate compacts, government sponsored authorities and corporations, railroads, and joint ventures that include at least one railroad.

To provide for the financing of high-speed rail infrastructure, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Windstorm Impact Reduction Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Hurricanes, tropical storms, tornadoes, and thunderstorms can cause significant loss of life, injury, destruction of property, and economic and social disruption. All States and regions are vulnerable to these hazards. (2) The United States currently sustains several billion dollars in economic damages each year due to these windstorms. In recent decades, rapid development and population growth in high-risk areas has greatly increased overall vulnerability to windstorms. (3) Improved windstorm impact reduction measures have the potential to reduce these losses through-- (A) cost-effective and affordable design and construction methods and practices; (B) effective mitigation programs at the local, State, and national level; (C) improved data collection and analysis and impact prediction methodologies; (D) engineering research on improving new structures and retrofitting existing ones to better withstand windstorms, atmospheric-related research to better understand the behavior and impact of windstorms on the built environment, and subsequent application of those research results; and (E) public education and outreach. (4) There is an appropriate role for the Federal Government in supporting windstorm impact reduction. An effective Federal program in windstorm impact reduction will require interagency coordination, and input from individuals, academia, the private sector, and other interested non-Federal entities. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Science and Technology Policy. (2) Program.--The term ``Program'' means the National Windstorm Impact Reduction Program established by section 4(a). (3) State.--The term ``State'' means each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (4) Windstorm.--The term ``windstorm'' means any storm with a damaging or destructive wind component, such as a hurricane, tropical storm, tornado, or thunderstorm. SEC. 4. NATIONAL WINDSTORM IMPACT REDUCTION PROGRAM. (a) Establishment.--There is established the National Windstorm Impact Reduction Program. (b) Objective.--The objective of the Program is the achievement of major measurable reductions in losses of life and property from windstorms. The objective is to be achieved through a coordinated Federal effort, in cooperation with other levels of government, academia, and the private sector, aimed at improving the understanding of windstorms and their impacts and developing and encouraging implementation of cost-effective mitigation measures to reduce those impacts. (c) Interagency Working Group.--Not later than 90 days after the date of enactment of this Act, the Director shall establish an Interagency Working Group consisting of representatives of the National Science Foundation, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, the Federal Emergency Management Agency, and other Federal agencies as appropriate. The Director shall designate an agency to serve as Chair of the Working Group and be responsible for the planning, management, and coordination of the Program, including budget coordination. Specific agency roles and responsibilities under the Program shall be defined in the implementation plan required under subsection (e). General agency responsibilities shall include the following: (1) The National Institute of Standards and Technology shall support research and development to improve building codes and standards and practices for design and construction of buildings, structures, and lifelines. (2) The National Science Foundation shall support research in engineering and the atmospheric sciences to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines. (3) The National Oceanic and Atmospheric Administration shall support atmospheric sciences research to improve the understanding of the behavior of windstorms and their impact on buildings, structures, and lifelines. (4) The Federal Emergency Management Agency shall support the development of risk assessment tools and effective mitigation techniques, windstorm-related data collection and analysis, public outreach, information dissemination, and implementation of mitigation measures consistent with the Agency's all-hazards approach. (d) Program Components.-- (1) In general.--The Program shall consist of three primary mitigation components: improved understanding of windstorms, windstorm impact assessment, and windstorm impact reduction. The components shall be implemented through activities such as data collection and analysis, risk assessment, outreach, technology transfer, and research and development. To the extent practicable, research activities authorized under this Act shall be peer-reviewed, and the components shall be designed to be complementary to, and avoid duplication of, other public and private hazard reduction efforts. (2) Understanding of windstorms.--Activities to enhance the understanding of windstorms shall include research to improve knowledge of and data collection on the impact of severe wind on buildings, structures, and infrastructure. (3) Windstorm impact assessment.--Activities to improve windstorm impact assessment shall include-- (A) development of mechanisms for collecting and inventorying information on the performance of buildings, structures, and infrastructure in windstorms and improved collection of pertinent information from sources, including the design and construction industry, insurance companies, and building officials; (B) research, development, and technology transfer to improve loss estimation and risk assessment systems; and (C) research, development, and technology transfer to improve simulation and computational modeling of windstorm impacts. (4) Windstorm impact reduction.--Activities to reduce windstorm impacts shall include-- (A) development of improved outreach and implementation mechanisms to translate existing information and research findings into cost-effective and affordable practices for design and construction professionals, and State and local officials; (B) development of cost-effective and affordable windstorm-resistant systems, structures, and materials for use in new construction and retrofit of existing construction; and (C) outreach and information dissemination related to cost-effective and affordable construction techniques, loss estimation and risk assessment methodologies, and other pertinent information regarding windstorm phenomena to Federal, State, and local officials, the construction industry, and the general public. (e) Implementation Plan.--Not later than 1 year after date of enactment of this Act, the Interagency Working Group shall develop and transmit to the Congress an implementation plan for achieving the objectives of the Program. The plan shall include-- (1) an assessment of past and current public and private efforts to reduce windstorm impacts, including a comprehensive review and analysis of windstorm mitigation activities supported by the Federal Government; (2) a description of plans for technology transfer and coordination with natural hazard mitigation activities supported by the Federal Government; (3) a statement of strategic goals and priorities for each Program component area; (4) a description of how the Program will achieve such goals, including detailed responsibilities for each agency; and (5) a description of plans for cooperation and coordination with interested public and private sector entities in each program component area. (f) Biennial Report.--The Interagency Working Group shall, on a biennial basis, and not later than 180 days after the end of the preceding 2 fiscal years, transmit a report to the Congress describing the status of the windstorm impact reduction program, including progress achieved during the preceding two fiscal years. Each such report shall include any recommendations for legislative and other action the Interagency Working Group considers necessary and appropriate. In developing the biennial report, the Interagency Working Group shall consider the recommendations of the Advisory Committee established under section 5. SEC. 5. NATIONAL ADVISORY COMMITTEE ON WINDSTORM IMPACT REDUCTION. (a) Establishment.--The Director shall establish a National Advisory Committee on Windstorm Impact Reduction, consisting of not less than 11 and not more than 15 non-Federal members representing a broad cross section of interests such as the research, technology transfer, design and construction, and financial communities; materials and systems suppliers; State, county, and local governments; the insurance industry; and other representatives as designated by the Director. (b) Assessment.--The Advisory Committee shall assess-- (1) trends and developments in the science and engineering of windstorm impact reduction; (2) the effectiveness of the Program in carrying out the activities under section 4(d); (3) the need to revise the Program; and (4) the management, coordination, implementation, and activities of the Program. (c) Biennial Report.--At least once every two years, the Advisory Committee shall report to Congress and the Interagency Working Group on the assessment carried out under subsection (b). (d) Sunset Exemption.--Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee established under this section. SEC. 6. SAVINGS CLAUSE. Nothing in this Act supersedes any provision of the National Manufactured Housing Construction and Safety Standards Act of 1974. No design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any kind developed under this Act shall be required for a home certified under section 616 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5415), pursuant to standards issued under such Act, without being subject to the consensus development process and rulemaking procedures of that Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Federal Emergency Management Agency.--There are authorized to be appropriated to the Federal Emergency Management Agency for carrying out this Act-- (1) $8,700,000 for fiscal year 2006; (2) $9,400,000 for fiscal year 2007; and (3) $9,400,000 for fiscal year 2008. (b) National Science Foundation.--There are authorized to be appropriated to the National Science Foundation for carrying out this Act-- (1) $8,700,000 for fiscal year 2006; (2) $9,400,000 for fiscal year 2007; and (3) $9,400,000 for fiscal year 2008. (c) National Institute of Standards and Technology.--There are authorized to be appropriated to the National Institute of Standards and Technology for carrying out this Act-- (1) $3,000,000 for fiscal year 2006; (2) $4,000,000 for fiscal year 2007; and (3) $4,000,000 for fiscal year 2008. (d) National Oceanic and Atmospheric Administration.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration for carrying out this Act-- (1) $2,100,000 for fiscal year 2006; (2) $2,200,000 for fiscal year 2007; and (3) $2,200,000 for fiscal year 2008. SEC. 8. BIENNIAL REPORT. Section 37(a) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885d(a)) is amended by striking ``By January 30, 1982, and biennially thereafter'' and inserting ``By January 30 of each odd- numbered year''. SEC. 9. COORDINATION. The Secretary of Commerce, the Director of the National Institute of Standards and Technology, the Director of the Office of Science and Technology Policy and the heads of other Federal departments and agencies carrying out activities under this Act and the statutes amended by this Act shall work together to ensure that research, technologies, and response techniques are shared among the programs authorized in this Act in order to coordinate the Nation's efforts to reduce vulnerability to the hazards described in this Act.

National Windstorm Impact Reduction Act of 2004 - Establishes the National Windstorm Impact Reduction Program to achieve major measurable reductions in losses of life and property from windstorms. Requires the Director of the Office of Science and Technology Policy (the Director) to establish an Interagency Working Group consisting of representatives of the National Science Foundation (NSF), the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology (NIST), the Federal Emergency Management Agency, and other Federal agencies as appropriate. Outlines general agency responsibilities. Requires the Program to consist of the following primary mitigation components: (1) improved understanding of windstorms; (2) windstorm impact assessment; and (3) windstorm impact reduction, which shall be implemented through activities such as data collection and analysis and research and development. Requires research activities authorized under this Act to be peer-reviewed and the components to be designed to be complementary to and avoid duplication of other hazard reduction efforts. Requires the Working Group to: (1) develop an implementation plan for achieving Program objectives; and (2) transmit biennial reports on the status of the Program. Requires the Director to establish a National Advisory Committee on Windstorm Impact Reduction to assess: (1) trends and developments in the science and engineering of windstorm impact reduction; (2) the effectiveness of the Program in carrying out specified activities to improve windstorm impact assessment; (3) revising the Program; and (4) implementation and management of the Program. Requires the Advisory Committee to report biennially on such assessment. Declares that, the Secretary of Commerce, the NIST Director, the Director, and the heads of other Federal departments and agencies carrying out activities under this Act and the statutes amended by this Act shall work together to ensure that research, technologies, and response techniques are shared among the programs authorized in this Act in order to coordinate the Nation's efforts to reduce vulnerability to the hazards described in this Act.

A bill to establish a National Windstorm Impact Reduction Program.

SECTION 1. FINDINGS. Congress finds that-- (1) the United States exercises sovereignty over Puerto Rico pursuant to the Treaty of Paris proclaimed by President McKinley on April 11, 1899 (30 Stat. 1754), article IX of which established that residents of the territory not owing allegiance to another nation would have United States nationality and provided that the ``civil rights and political status of the native inhabitants'' of Puerto Rico ``shall be determined by the Congress''; (2) Congress carries out all Federal responsibilities with respect to Puerto Rico, including those set forth in article IX of the Treaty of Paris, pursuant to clause 2 of section 3 of article IV of the Constitution (commonly known as the ``territorial clause''), which provides that ``Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States''; (3) in the Act of March 2, 1917 (39 Stat. 951, chapter 145), Congress carried out its responsibility under article IX of the Treaty of Paris by providing for civil administration of Puerto Rico and declared that, by virtue of that Act, the inhabitants of Puerto Rico shall be citizens of the United States, with such civil rights and political status as Congress determined to be consistent with birth or residence in an unincorporated territory rather than a State of the Union; (4) in the Act of July 3, 1950 (64 Stat. 319, chapter 446), Congress further implemented article IX of the Treaty of Paris by authorizing the residents of Puerto Rico to adopt a constitution, which was implemented in 1952 after acceptance by Puerto Rico of certain amendments made by Congress in approving the territorial constitution, thereby establishing the current commonwealth structure for local self-government in respect of internal affairs and local government administration, subject to the Constitution of the United States and other Federal law applicable to Puerto Rico; and (5) the United States, consistent with its constitutional process, is committed to respecting the principle of self- determination in implementing any Federal measures that would provide for or make possible a transition of government from the current territorial status of commonwealth to a permanent and fully self-governing political status for Puerto Rico. SEC. 2. REFERENDA. (a) Policy of the United States.-- (1) In general.--It is the policy of the United States that, as long as Puerto Rico remains subject to the plenary power of Congress under the territorial clause, the residents of Puerto Rico periodically should be afforded an opportunity freely to express their wishes regarding the future political status of Puerto Rico. (2) Options.--The self-determination process for Puerto Rico should enable the residents of Puerto Rico to express a preference to-- (A) preserve the current political status of Puerto Rico; or (B) choose to seek, in accordance with a process approved by Congress and the residents of Puerto Rico-- (i) admission as a State of the Union on the basis of full equality; or (ii) withdrawal of United States sovereignty and nationality in favor of separate sovereignty and nationality for Puerto Rico and a relationship with the United States consistent with independence or free association. (b) Requirements.--A referendum under this Act-- (1) shall be conducted among persons in Puerto Rico who have the nationality and citizenship of the United States and meet other applicable residency and voter eligibility requirements under Federal or territorial law; and (2) shall be conducted by the duly constituted authorities of the Commonwealth of Puerto Rico in accordance with applicable provisions of the elections law of Puerto Rico and other applicable Federal and territorial law, consistent with this Act. (c) Referendum by the End of 1998.--A referendum under this Act shall be conducted not later than December 31, 1998. (d) Format of Referendum Ballot.--A referendum ballot shall instruct a voter to approve 1 of 3 options presented in a side-by-side format on the ballot, as follows: ``Instructions: Mark 1 of the following status options for Puerto Rico. A ballot with more than 1 option marked will not be counted. ``Option A.--COMMONWEALTH.--If you agree, mark here: ____. ``Puerto Rico should continue its current status, in which-- ``(1) Puerto Rico continues the current commonwealth structure for self-government with respect to internal affairs and administration; ``(2) provisions of the Constitution and other laws of the United States apply to Puerto Rico as determined by Congress; ``(3) Puerto Rico remains a locally self-governing unincorporated territory of the United States; ``(4) continuation or modification of current Federal law and policy applicable to Puerto Rico remains within the discretion of Congress under the territorial clause of the Constitution of the United States; and ``(5) the ultimate status of Puerto Rico will be determined through a process authorized by Congress that includes self- determination by the people of Puerto Rico in periodic referenda. ``Option B.--SEPARATE SOVEREIGNTY.--If you agree, mark here: ____. ``Puerto Rico should become fully self-governing through separate sovereignty leading to independence or free association, in which-- ``(1) Puerto Rico is a sovereign nation with full authority and responsibility for its internal affairs and has the capacity to exercise in its own name and right the powers of government with respect to its territory and population; ``(2) relations between the United States and Puerto Rico are maintained under a negotiated government-to-government treaty of friendship, or bilateral pact of free association terminable at will by either government, providing for cooperation and assistance in matters of shared interest as agreed on by Puerto Rico and the United States in accordance with their respective constitutional processes; ``(3) a constitution democratically instituted by the people of Puerto Rico, establishing a republican form of government and securing the rights of citizens of the Puerto Rican nation, is the supreme law, and the Constitution and other laws of the United States no longer apply in Puerto Rico; ``(4)(A) the people of Puerto Rico owe allegiance to the sovereign nation of Puerto Rico and have the nationality and citizenship of Puerto Rico; ``(B) United States sovereignty, nationality, and citizenship in Puerto Rico are ended; and ``(C) birth in Puerto Rico or relationship to a person with statutory United States citizenship by virtue of birth in Puerto Rico is not a basis for United States nationality or citizenship; ``(5) a person who acquired United States citizenship by virtue of birth in Puerto Rico at a time when Puerto Rico was a territory of the United States has a statutory right to retain that status for life, by entitlement or election as provided by Congress, based on allegiance to the United States, except that no person who has or maintains allegiance, nationality, or citizenship rights with respect to any sovereign nation other than the United States shall have that statutory right; and ``(6) diplomatic relations, trade relations, and government-to-government assistance shall be based on treaty, and property rights and acquired rights vested by employment under the laws of Puerto Rico or the United States shall be honored, adjusted, and settled in accordance with agreements implementing the separation of sovereignty. ``Option C.--STATEHOOD.--If you agree, mark here: ____. ``Puerto Rico should become fully self-governing through United States sovereignty leading to statehood, in which-- ``(1) the people of Puerto Rico are fully self-governing with their rights secured under the Constitution of the United States, which is the supreme law and has the same force and effect as in the other States of the United States; ``(2) the sovereign State of Puerto Rico is in permanent union with the United States, and powers not delegated to the Federal Government or prohibited to the States by the Constitution of the United States are reserved to the people of Puerto Rico or the State government; ``(3) United States nationality and citizenship of a person born in Puerto Rico is guaranteed, protected, and secured in the same way as for all United States citizens born in the other States; ``(4) residents of Puerto Rico have equal rights, benefits, duties, and responsibilities of citizenship as residents of the other States; ``(5) Puerto Rico is represented by 2 members in the United States Senate and in the United States House of Representatives proportionately to the population; and ``(6) United States citizens in Puerto Rico are enfranchised to vote in elections for the President and Vice President of the United States.''. SEC. 3. IMPLEMENTATION. (a) Certification of Results of Referendum.--The Government of Puerto Rico shall certify to the President and Congress the results of a referendum under this Act. On certification of the results, subsection (b) or (c), as appropriate, shall apply. (b) Approval of Current Status or Rejection of Terms for Implementation of a New Status.--If a majority of the voters in a referendum under this Act approves continuation of the unincorporated status and commonwealth structure for local self-government, or on rejection of a transition plan or implementation of a new status in accordance with this Act, unless otherwise provided by Congress-- (1) the unincorporated status and commonwealth structure for local self-government shall continue; and (2) to ensure that the principle of self-determination is respected and that the residents of Puerto Rico are afforded the opportunity freely to express their wishes with respect to resolution of the status of Puerto Rico based on the options for permanent self-government described in section 2, a referendum on the future political status of Puerto Rico shall be held in accordance with this Act every 4 years thereafter, but not on or within 180 calendar days before or after the date of a general election. (c) Approval of Separate Sovereignty or Incorporation Leading to Statehood.-- (1) Transition plan.-- (A) Proposal.--If a majority of the voters in a referendum under this Act approve full self-government through separate sovereignty or incorporation leading to statehood, not later than 180 days after the date of the referendum, the President shall transmit to Congress a proposal for legislation to enact a transition plan. (B) Transition period.--Unless Congress provides a longer period, a transition plan shall provide for a transition period of not to exceed 10 years. (C) Contents.--A transition plan shall prescribe the terms and criteria the fulfillment of which will provide the basis for instituting full self-government for Puerto Rico consistent with separate sovereignty or incorporation leading to statehood, as the case may be. (2) Referendum on transition plan.-- (A) Initial approval.--Not later than 180 days after the date of enactment of an Act establishing a transition plan under paragraph (1), a referendum shall be conducted in which the qualified residents of Puerto Rico vote to approve or disapprove the transition plan. (B) Approval of final implementation.--Before the expiration of the transition period set forth in the transition plan, a referendum shall be conducted in which the qualified residents of Puerto Rico vote to approve or disapprove final implementation of the new status of Puerto Rico, as established in accordance with this Act. SEC. 4. AVAILABILITY OF FUNDS FOR THE REFERENDA. (a) In General.-- (1) Availability of amounts derived from tax on foreign rum.--During the period beginning on October 1, 1997, and ending on the date on which the President determines that all referenda required by this Act have been held, from the amounts covered into the treasury of Puerto Rico under section 7652(e)(1) of the Internal Revenue Code of 1986, the Secretary of the Treasury-- (A) upon request and in the amounts identified from time to time by the President, shall make the amounts so identified available to the treasury of Puerto Rico for the purposes specified in subsection (b); and (B) shall transfer all remaining amounts to the treasury of Puerto Rico in accordance with law in effect on the date of enactment of this Act. (2) Report of referenda expenditures.--Not later than 180 days after each referendum under this Act, and after the end of the period specified in paragraph (1), the President, in consultation with the government of Puerto Rico, shall submit a report to Congress on the amounts made available under paragraph (1)(A) and all other amounts expended by the State Elections Commission of Puerto Rico for referenda under this Act. (b) Grants for Conducting Referenda and Voter Education.-- (1) In general.--From amounts made available under subsection (a)(1), the Government of Puerto Rico shall make grants to the State Elections Commission of Puerto Rico for referenda under this Act, as follows: (A) 50 percent shall be available only for the costs of conducting the referenda. (B) 50 percent shall be available only for voter education funds for the central ruling body of the political party, parties, or other qualifying entities advocating a particular ballot choice. (2) Allocation among advocates.--The amount allocated for advocating ballot choices under this paragraph (1)(B) shall be apportioned equally among the parties advocating the respective ballot choices. (c) Additional Resources.--In addition to amounts made available under this Act, the legislature of Puerto Rico may allocate additional resources for administrative and voter education costs to each party so long as the distribution of funds is consistent with the apportionment requirements of subsection (b)(2).

Declares that it is U.S. policy that the residents of Puerto Rico should be afforded periodically the opportunity freely to express a preference for preserving its current political status or choosing to seek U.S. statehood or separate sovereignty (independence or free association). Requires a referendum on these questions to be held by December 31, 1998. Sets forth specified requirements with respect to the referendum and implementation of its results. Makes funds derived from excise taxes collected on rum imported into the United States and deposited into the treasury of Puerto Rico available for grants to the State Elections Commission of Puerto Rico for: (1) costs of conducting the referendum; and (2) voter education.

A bill to provide for referenda in which the residents of Puerto Rico may express democratically their preferences regarding the political status of the territory, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``TMA, Abstinence Education, and QI Programs Extension Act of 2007''. SEC. 2. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA) AND ABSTINENCE EDUCATION PROGRAM THROUGH DECEMBER 31, 2007. Section 401 of division B of the Tax Relief and Health Care Act of 2006 (Public Law 109-432), as amended by section 1 of Public Law 110- 48, is amended-- (1) by striking ``September 30'' and inserting ``December 31''; (2) by striking ``for fiscal year 2006'' and inserting ``for fiscal year 2007''; (3) by striking ``the fourth quarter of fiscal year 2007'' and inserting ``the first quarter of fiscal year 2008''; and (4) by striking ``the fourth quarter of fiscal year 2006'' and inserting ``the first quarter of fiscal year 2007''. SEC. 3. EXTENSION OF QUALIFYING INDIVIDUAL (QI) PROGRAM THROUGH DECEMBER 2007. (a) Through December 2007.--Section 1902(a)(10)(E)(iv) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by striking ``September 2007'' and inserting ``December 2007''. (b) Extending Total Amount Available for Allocation.--Section 1933(g) of such Act (42 U.S.C. 1396u-3(g)) is amended-- (1) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (F); (B) by striking the period at the end of subparagraph (G) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(H) for the period that begins on October 1, 2007, and ends on December 31, 2007, the total allocation amount is $100,000,000.''; and (2) in paragraph (3), in the matter preceding subparagraph (A), by striking ``or (F)'' and inserting ``(F), or (H)''. (c) Effective Date.--The amendments made by this section shall be effective as of September 30, 2007. SEC. 4. EXTENSION OF SSI WEB-BASED ASSET DEMONSTRATION PROJECT TO THE MEDICAID PROGRAM. (a) In General.--Beginning on October 1, 2007, and ending on September 30, 2012, the Secretary of Health and Human Services shall provide for the application to asset eligibility determinations under the Medicaid program under title XIX of the Social Security Act of the automated, secure, web-based asset verification request and response process being applied for determining eligibility for benefits under the Supplemental Security Income (SSI) program under title XVI of such Act under a demonstration project conducted under the authority of section 1631(e)(1)(B)(ii) of such Act (42 U.S.C. 1383(e)(1)(B)(ii)). (b) Limitation.--Such application shall only extend to those States in which such demonstration project is operating and only for the period in which such project is otherwise provided. (c) Rules of Application.--For purposes of carrying out subsection (a), notwithstanding any other provision of law, information obtained from a financial institution that is used for purposes of eligibility determinations under such demonstration project with respect to the Secretary of Health and Human Services under the SSI program may also be shared and used by States for purposes of eligibility determinations under the Medicaid program. In applying section 1631(e)(1)(B)(ii) of the Social Security Act under this subsection, references to the Commissioner of Social Security and benefits under title XVI of such Act shall be treated as including a reference to a State described in subsection (b) and medical assistance under title XIX of such Act provided by such a State. SEC. 5. 6-MONTH DELAY IN REQUIREMENT TO USE TAMPER-RESISTANT PRESCRIPTION PADS UNDER MEDICAID. Effective as if included in the enactment of section 7002(b) of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28, 121 Sta. 187), paragraph (2) of such section is amended by striking ``September 30, 2007'' and inserting ``March 31, 2008''. SEC. 6. ADDITIONAL FUNDING FOR THE MEDICARE PHYSICIAN ASSISTANCE AND QUALITY INITIATIVE FUND. Section 1848(l)(2) of the Social Security Act (42 U.S.C. 1395w- 4(l)(2)) is amended-- (1) in subparagraph (A), by adding at the end the following: ``In addition, there shall be available to the Fund for expenditures during 2009 an amount equal to $325,000,000 and for expenditures during or after 2013 an amount equal to $60,000,000.''; and (2) in subparagraph (B)-- (A) in the heading, by striking ``furnished during 2008''; (B) by striking ``specified in subparagraph (A)'' and inserting ``specified in the first sentence of subparagraph (A)''; and (C) by inserting after ``furnished during 2008'' the following: ``and for the obligation of the entire first amount specified in the second sentence of such subparagraph for payment with respect to physicians' services furnished during 2009 and of the entire second amount so specified for payment with respect to physicians' services furnished on or after January 1, 2013''. SEC. 7. LIMITATION ON IMPLEMENTATION FOR FISCAL YEARS 2008 AND 2009 OF A PROSPECTIVE DOCUMENTATION AND CODING ADJUSTMENT IN RESPONSE TO THE IMPLEMENTATION OF THE MEDICARE SEVERITY DIAGNOSIS RELATED GROUP (MS- DRG) SYSTEM UNDER THE MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR INPATIENT HOSPITAL SERVICES. (a) In General.--In implementing the final rule published on August 22, 2007, on pages 47130 through 48175 of volume 72 of the Federal Register, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall apply prospective documentation and coding adjustments (made in response to the implementation of a Medicare Severity Diagnosis Related Group (MS-DRG) system under the hospital inpatient prospective payment system under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) of-- (1) for discharges occurring during fiscal year 2008, 0.6 percent rather than the 1.2 percent specified in such final rule; and (2) for discharges occurring during fiscal year 2009, 0.9 percent rather than the 1.8 percent specified in such final rule. (b) Subsequent Adjustments.-- (1) In general.--Notwithstanding any other provision of law, if the Secretary determines that implementation of such Medicare Severity Diagnosis Related Group (MS-DRG) system resulted in changes in coding and classification that did not reflect real changes in case mix under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) for discharges occurring during fiscal year 2008 or 2009 that are different than the prospective documentation and coding adjustments applied under subsection (a), the Secretary shall-- (A) make an appropriate adjustment under paragraph (3)(A)(vi) of such section 1886(d); and (B) make an additional adjustment to the standardized amounts under such section 1886(d) for discharges occurring only during fiscal years 2010, 2011, and 2012 to offset the estimated amount of the increase or decrease in aggregate payments (including interest as determined by the Secretary) determined, based upon a retrospective evaluation of claims data submitted under such Medicare Severity Diagnosis Related Group (MS-DRG) system, by the Secretary with respect to discharges occurring during fiscal years 2008 and 2009. (2) Requirement.--Any adjustment under paragraph (1)(B) shall reflect the difference between the amount the Secretary estimates that implementation of such Medicare Severity Diagnosis Related Group (MS-DRG) system resulted in changes in coding and classification that did not reflect real changes in case mix and the prospective documentation and coding adjustments applied under subsection (a). An adjustment made under paragraph (1)(B) for discharges occurring in a year shall not be included in the determination of standardized amounts for discharges occurring in a subsequent year. (3) Rule of construction.--Nothing in this section shall be construed as-- (A) requiring the Secretary to adjust the average standardized amounts under paragraph (3)(A)(vi) of such section 1886(d) other than as provided under this section; or (B) providing authority to apply the adjustment under paragraph (1)(B) other than for discharges occurring during fiscal years 2010, 2011, and 2012. (4) Judicial review.--There shall be no administrative or judicial review under section 1878 of the Social Security Act (42 U.S.C. 1395oo) or otherwise of any determination or adjustments made under this subsection. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TMA, Abstinence Education, and QI Programs Extension Act of 2007 - (Sec. 2) Amends the Tax Relief and Health Care Act of 2006, as amended, to extend transitional medical assistance (TMA) and the abstinence education program through December 31, 2007. (Sec. 3) Amends title XIX (Medicaid) of the Social Security Act (SSA) to extend through December 2007: (1) the qualifying individual (QI) program; and (2) a specified allocation of funds for state coverage of Medicare cost-sharing for additional low-income Medicare beneficiaries. (Sec. 4) Directs the Secretary of Health and Human Services, for FY2008-FY2012, to provide for the application to asset eligibility determinations under the Medicaid program of the automated, secure, web-based asset verification request and response process being applied for determining eligibility for Supplemental Security Income benefits under a specified demonstration project authorized by SSA title XVI (Supplemental Security Income) (SSI) Limits such application to those states in which such a demonstration project is operating and only for the period in which it is otherwise provided. (Sec. 5) Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to delay for six months, from September 30, 2007, through March 31, 2008, the effective date of the requirement to use tamper-resistant prescription pads to prescribe covered outpatient drugs under the Medicaid program. (Sec. 6) Amends SSA title XVIII (Medicare) to provide additional funding for the Medicare Physician Assistance and Quality Initiative Fund for expenditures during FY2009 and during or after FY2013. (Sec. 7) Directs the Secretary of Health and Human Services, in implementing a specified rule, to apply certain prospective documentation and coding (PDC) adjustments (made in response to the implementation of the Medicare Severity Diagnosis Related Group (MS-DRG) system under the Medicare prospective payment system (PPS) for inpatient hospital services) for discharges occurring during FY2008 and FY2009. Reduces the percentage specified in such rule for discharges occurring: (1) during FY2008 from 1.2% to 0.6%; and (2) during FY2009 from 1.8% to 0.9%. Directs the Secretary to make further specified PDC adjustments, as well as additional adjustments in FY2010-FY2012, if the implementation of the MS-DRG system resulted in changes in coding and classification that did not reflect real changes in case mix for FY2008 or FY2009 discharges that are different than the PDC adjustments applied under this section.

To provide for the extension of transitional medical assistance (TMA), the abstinence education program, and the qualifying individuals (QI) program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay Watershed Fairness Act of 2012''. SEC. 2. CHESAPEAKE BAY WATERSHED PROGRAM. (a) In General.--Section 1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb-4) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Definitions.--In this section: ``(1) Chesapeake bay state; state.--The terms `Chesapeake Bay State' and `State' means any of-- ``(A) the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; and ``(B) the District of Columbia. ``(2) Chesapeake bay watershed.--The term `Chesapeake Bay watershed' means all tributaries, backwaters, and side channels, including their watersheds, draining into the Chesapeake Bay in a Chesapeake Bay State. ``(3) Owner.--The term `owner' means an owner of nonindustrial private forest land. ``(4) Technical service provider.--The term `technical service provider' means a third-party provider who is eligible to be approved pursuant to section 1242(e).''; (2) by inserting ``and owners'' after ``producers'' each place it appears in subsections (b), (c), (d)(1)(A), (d)(2), and (e)(1); (3) in subsection (b), in the matter preceding paragraph (1), by inserting ``and nonindustrial private forest lands'' after ``agricultural lands''; (4) in subsection (c), in the matter preceding paragraph (1), by striking ``The Secretary'' and inserting ``Except as provided in subsection (d)(1)(B)(ii), the Secretary''; (5) in subsection (d)(1)-- (A) in subparagraph (B), by striking ``section to cover the costs of the program involved with each agreement.'' and inserting ``section--''; and (B) by adding at the end the following: ``(i) to cover the costs of the program involved with each agreement; or ``(ii) to provide technical assistance directly or through technical service providers.''; (6) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; (7) by inserting after subsection (d) the following: ``(e) Technical Assistance.-- ``(1) Technical assistance to chesapeake bay states.-- ``(A) State water quality goals.--The Secretary may provide technical assistance to a Chesapeake Bay State to assist in developing the water quality goals of the State to result in reductions in losses of nitrogen, phosphorus, and sediment from agricultural or nonindustrial private forest land in the Chesapeake Bay watershed to improve water quality in the Chesapeake Bay watershed. ``(B) Targeted assistance to chesapeake bay states.-- ``(i) In general.--The Secretary may enter into an agreement with a Chesapeake Bay State (including any political subdivision or agency of the Chesapeake Bay State) to provide financial and technical assistance to the Chesapeake Bay State. ``(ii) Purpose of assistance.--Assistance provided by the Secretary under this subparagraph shall be used by the Chesapeake Bay State to provide, through a technical service provider, the technical assistance needed by an agricultural producer or owner in the Chesapeake Bay watershed to promote water quality goals of the Chesapeake Bay State. ``(2) Technical assistance to agricultural producers and owners of certain nonindustrial private forest land.-- ``(A) In general.--The Secretary may provide technical assistance to producers and owners in the Chesapeake Bay watershed directly or through-- ``(i) a technical service provider; ``(ii) an agricultural or silvicultural producer association; ``(iii) a State or unit of local government; ``(iv) an Indian tribe; ``(v) a farmer cooperative; ``(vi) an institution of higher education; or ``(vii) an organization with an established history of working with producers on agricultural land, as determined by the Secretary, to address-- ``(I) local conservation priorities related to agricultural production, wildlife habitat development, and nonindustrial private forest land management; or ``(II) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource concerns. ``(B) Purpose of assistance.--Technical assistance may be provided under this paragraph for-- ``(i) conservation services to reduce losses of nitrogen, phosphorus, and sediment from agricultural and nonindustrial private forest land in the Chesapeake Bay watershed, including-- ``(I) education regarding activities such producers and owners can undertake to reduce such losses; or ``(II) conservation planning, implementation, and maintenance to reduce such losses; ``(ii) identifying best management practices and assessing practices required to achieve compliance with State and Federal water quality laws, including through-- ``(I) outreach to, and education of, producers and owners regarding available assistance; or ``(II) adoption and use of tools and technology capable of assessing practices that may be used to achieve compliance with State and Federal water quality laws; or ``(iii) other purposes as the Secretary may determine appropriate.''; and (8) in paragraph (2) of subsection (f) (as redesignated by paragraph (6)), by inserting ``or owner'' after ``producer''. (b) Funding.--Subsection (i) of section 1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb-4) (as redesignated by subsection (a)(6)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(E) $50,000,000 for each of fiscal years 2013 through 2018.''.

Chesapeake Bay Watershed Fairness Act of 2012 - Amends the Food Security Act of 1985 to authorize the Secretary of Agriculture (USDA) to provide technical assistance to a Chesapeake Bay state (Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia) to assist in developing water quality goals that reduce losses of nitrogen, phosphorus, and sediment from agricultural or nonindustrial private forest land in the Chesapeake Bay watershed. Authorizes the Secretary to provide financial and technical assistance to such a state to assist agricultural producers or owners to promote state water quality goals. Authorizes the Secretary to provide technical assistance to producers and owners in such watershed, either directly or through a technical service provider, an agricultural or silvicultural producer association, a state or local government, an Indian tribe, a farmer cooperative, an institution of higher education, or an organization with an established history of working with producers on agricultural land, to address: (1) local conservation priorities related to agricultural production, wildlife habitat development, and nonindustrial private forest land management; or (2) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource concerns. Authorizes such technical assistance to be provided for: (1) conservation services to reduce losses of nitrogen, phosphorus, and sediment from agricultural and nonindustrial private forest land in such watershed; or (2) identifying best management practices and assessing practices required to achieve compliance with state and federal water quality laws. Authorizes funding for each of FY2013-FY2018 for such activities in such watershed.

To provide for continued conservation efforts in the Chesapeake Bay watershed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens Access to Justice Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) property rights have been abrogated by the application of laws, regulations, and other actions by all levels of government that adversely affect the value and the ability to make reasonable use of private property; (2) certain provisions of sections 1346 and 1402 and chapter 91 of title 28, United States Code (commonly known as the Tucker Act), that delineate the jurisdiction of courts hearing property rights claims, frustrate the ability of a property owner to obtain full relief for violation founded upon the fifth and fourteenth amendments of the United States Constitution; (3) current law-- (A) has no sound basis for splitting jurisdiction between two courts in cases where constitutionally protected property rights are at stake; (B) adds to the complexity and cost of takings and litigation, adversely affecting taxpayers and property owners; (C) forces a property owner, who seeks just compensation from the Federal Government, to elect between equitable relief in the district court and monetary relief (the value of the property taken) in the United States Court of Federal Claims; (D) is used to urge dismissal in the district court in complaints against the Federal Government, on the ground that the plaintiff should seek just compensation in the Court of Federal Claims; (E) is used to urge dismissal in the Court of Federal Claims in complaints against the Federal Government, on the ground that the plaintiff should seek equitable relief in district court; and (F) forces a property owner to first pay to litigate an action in a State court, before a Federal judge can decide whether local government has denied property rights safeguarded by the United States Constitution; (4) property owners cannot fully vindicate property rights in one lawsuit and their claims may be time barred in a subsequent action; (5) property owners should be able to fully recover for a taking of their private property in one court; (6) certain provisions of section 1346 and 1402 and chapter 91 of title 28, United States Code (commonly known as the Tucker Act) should be amended, giving both the district courts of the United States and the Court of Federal Claims jurisdiction to hear all claims relating to property rights in complaints against the Federal Government; (7) section 1500 of title 28, United States Code, which denies the Court of Federal Claims jurisdiction to entertain a suit which is pending in another court and made by the same plaintiff, should be repealed; (8) Federal and local authorities, through complex, costly, repetitive and unconstitutional permitting, variance, and licensing procedures, have denied property owners their fifth and fourteenth amendment rights under the United States Constitution to the use, enjoyment, and disposition of, and exclusion of others from, their property, and to safeguard those rights, there is a need to determine what constitutes a final decision of an agency in order to allow claimants the ability to protect their property rights in a court of law; (9) a Federal judge should decide the merits of cases where a property owner seeks redress solely for infringements of rights safeguarded by the United States Constitution, and where no claim of a violation of State law is alleged; and (10) certain provisions of sections 1343, 1346, and 1491 of title 28, United States Code, should be amended to clarify when a claim for redress of constitutionally protected property rights is sufficiently ripe so a Federal judge may decide the merits of the allegations. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) establish a clear, uniform, and efficient judicial process whereby aggrieved property owners can obtain vindication of property rights guaranteed by the fifth and fourteenth amendments to the United States Constitution and this Act; (2) amend the Tucker Act, including the repeal of section 1500 of title 28, United States Code; (3) rectify the unduly onerous and expensive requirement that a property owner, seeking redress under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) for the infringement of property rights protected by the fifth and fourteenth amendments of the United States Constitution, is required to first litigate Federal constitutional issues in a State court before obtaining access to the Federal courts; and (4) provide for uniformity in the application of the ripeness doctrine in cases where constitutionally protected property rights are allegedly infringed, by providing that a final agency decision may be adjudicated by a Federal court on the merits after-- (A) the pertinent government body denies a meaningful application to develop the land in question; and (B) the property owner seeks a waiver by or brings an appeal to an administrative agency from such denial. SEC. 4. DEFINITIONS. In this Act, the term-- (1) ``agency action'' means any action, inaction, or decision taken by a Federal agency or other government agency that at the time of such action, inaction, or decision adversely affects private property rights; (2) ``district court''-- (A) means a district court of the United States with appropriate jurisdiction; and (B) includes the United States District Court of Guam, the United States District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands; (3) ``Federal agency'' means a department, agency, independent agency, or instrumentality of the United States, including any military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the United States Government; (4) ``owner'' means the owner or possessor of property or rights in property at the time the taking occurs, including when-- (A) the statute, regulation, rule, order, guideline, policy, or action is passed or promulgated; or (B) the permit, license, authorization, or governmental permission is denied or suspended; (5) ``private property'' or ``property'' means all interests constituting property, as defined by Federal or State law, protected under the fifth and fourteenth amendments to the United States Constitution; and (6) ``taking of private property'', ``taking'', or ``take'' means any action whereby restricting the ownership, alienability, possession, or use of private property is an object of that action and is taken so as to require compensation under the fifth amendment to the United States Constitution, including by physical invasion, regulation, exaction, condition, or other means. SEC. 5. PRIVATE PROPERTY ACTIONS. (a) In General.--An owner may file a civil action under this section to challenge the validity of any Federal agency action that adversely affects the owner's interest in private property in a district court or the United States Court of Federal Claims. (b) Concurrent Jurisdiction.--Notwithstanding any other provision of law and notwithstanding the issues involved, the relief sought, or the amount in controversy, the district court and the United States Court of Federal Claims shall each have concurrent jurisdiction over both claims for monetary relief and claims seeking invalidation of any Act of Congress or any regulation of a Federal agency affecting private property rights. (c) Election.--The plaintiff may elect to file an action under this section in a district court or the United States Court of Federal Claims. (d) Waiver of Sovereign Immunity.--This section constitutes express waiver of the sovereign immunity of the United States with respect to an action filed under this section. SEC. 6. STANDING AND EXHAUSTION OF REMEDIES. (a) In General.--Subject to subsection (b), any person adversely affected by a Federal agency action shall have standing to challenge and seek judicial review of that action without first exhausting administrative remedies. (b) Adjudication.-- (1) In general.--Any civil action filed under section 5 shall be ripe for adjudication upon a final decision rendered by the United States, that causes actual and concrete injury to the party seeking redress. (2) Final decision.-- (A) In general.--For purposes of this subsection, a final decision exists if-- (i) the United States, acting under Federal statute or regulation, makes a definitive decision regarding the extent of permissible land uses on the property that has allegedly been infringed or taken, without regard to any uses that may be permitted elsewhere; and (ii)(I) one meaningful application to use the property has been submitted for a final decision but is denied; and (II) if the pertinent Federal statute or regulation provides for a right of appeal to or waiver by the pertinent Federal agency from the final decision regarding such property, the party seeking redress has brought 1 appeal or sought 1 waiver from such a final decision. (B) Appeal or waiver.--For purposes of subparagraph (A)(ii), the party seeking redress shall not be required to apply for such an appeal or waiver if-- (i) no such process is available; (ii) it cannot provide the relief requested; or (iii) the prospects for success are reasonably unlikely and intervention by the district court or the United States Court of Federal Claims under this section is warranted to decide the merits. SEC. 7. APPEALS. The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction of any action filed under section 5, regardless of whether the jurisdiction of such action is based in whole or part under such section. SEC. 8. JURISDICTION OF UNITED STATES COURT OF FEDERAL CLAIMS AND UNITED STATES DISTRICT COURTS. (a) United States Court of Federal Claims.-- (1) Jurisdiction.--Section 1491(a) of title 28, United States Code, is amended-- (A) in paragraph (1) by amending the first sentence to read as follows: ``The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim against the United States for monetary relief founded either upon the Constitution or any Act of Congress or any regulation of an executive department or upon any express or implied contract with the United States, in cases not sounding in tort, or for invalidation of any Act of Congress or any regulation of an executive department under section 5 of the Citizens Access to Justice Act of 1997.''; (B) in paragraph (2) by inserting before the first sentence the following: ``In any case within its jurisdiction, the Court of Federal Claims shall have the power to grant injunctive and declaratory relief when appropriate.''; and (C) by adding at the end the following new paragraphs: ``(3) In cases otherwise within its jurisdiction, the Court of Federal Claims shall also have supplemental jurisdiction, concurrent with the courts designated under section 1346(b), to render judgment upon any related tort claim authorized under section 2674. ``(4) In proceedings within the jurisdiction of the Court of Federal Claims which constitute judicial review of agency action (rather than de novo proceedings), the provisions of section 706 of title 5 shall apply.''. (2) Pendency of claims in other courts.-- (A) In general.--Section 1500 of title 28, United States Code is repealed. (B) Technical and conforming amendment.--The table of sections for chapter 91 of title 28, United States Code, is amended by striking out the item relating to section 1500. (b) District Court Jurisdiction.--Section 1346(a) of title 28, United States Code, is amended by adding after paragraph (2) the following: ``(3) Any civil action filed under section 5 of the Citizens Access to Justice Act of 1997.''. (c) District Court Civil Rights Jurisdiction; Abstention.--Section 1343 of title 28, United States Code, is amended-- (1) by redesignating subsection (b) as subsection (e); and (2) by inserting after subsection (a) the following new subsections: ``(b)(1) Any claim or action brought under section 1979 of the Revised Statutes (42 U.S.C. 1983) to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision by any person acting under color of any statute, ordinance, regulation, custom, or usage of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. ``(2)(A) For purposes of this subsection, a final decision exists if-- ``(i) any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, makes a definitive decision regarding the extent of permissible uses on the property that has been allegedly infringed or taken, without regard to any uses that may be permitted elsewhere; and ``(ii)(I) one meaningful application to use the property has been submitted but is denied; and ``(II) if the applicable statute, ordinance, regulation, custom, or usage provides for a right of appeal to or waiver by an administrative agency from the final decision regarding the property, the party seeking redress has brought 1 appeal or sought 1 waiver from such a final decision. ``(B) For purposes of subparagraph (A)(ii), the party seeking redress shall not be required to apply for such an appeal or waiver if-- ``(i) no such process is available; ``(ii) it cannot provide the relief requested; or ``(iii) the prospects of success are reasonably unlikely and intervention by the United States District Court is warranted to decide the merits. ``(C) For purposes of this subsection, a `final decision' for a ripe claim under section 1979 of the Revised Statutes (42 U.S.C. 1983) shall not require the party seeking redress to exhaust judicial remedies provided by any State or Territory. ``(c) Whenever a district court exercises jurisdiction under subsection (a), in an action where the operative facts concern the uses of real property, it shall not abstain from exercising or relinquish its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged, and where a parallel proceeding in State court arising out of the same operative facts as the district court proceeding is not pending. ``(d) Where the district court has jurisdiction over an action under subsection (a), where the operative facts concern the uses of real property, that cannot be decided without resolution of a significant but unsettled question of State law, the district court may certify the question of State law to the highest appellate court of that State. After the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits. The district court shall not certify a question of State law under this subsection unless the question of State law-- ``(1) will significantly affect the merits of the injured party's Federal claim; and ``(2) is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case.''. SEC. 9. STATUTE OF LIMITATIONS. The statute of limitations for any action filed under section 5 shall be 6 years from the date of the taking of private property. SEC. 10. ATTORNEY'S FEES AND COSTS. The court, in issuing any final order in any action filed under section 5, shall award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing plaintiff. SEC. 11. RULES OF CONSTRUCTION. Nothing in this Act shall be construed to interfere with the authority of any State to create additional property rights. SEC. 12. EFFECTIVE DATE. This Act shall take effect on the date of enactment of this Act and shall apply to any agency action that occurs on or after such date.

Citizens Access to Justice Act of 1997 - Authorizes a property owner to file a civil action to challenge the validity of any Federal agency action that adversely affects the owner's interest in private property in a district court or the United States Court of Federal Claims (claims court). (Sec. 5) Grants the district court and the claims court concurrent jurisdiction over both claims for monetary relief and claims seeking invalidation of any Act of Congress or any regulation of a Federal agency affecting private property rights. Authorizes the plaintiff to elect to file an action under this section in a district court or the claims court. Waives sovereign immunity of the United States regarding such an action. (Sec. 6) Grants: (1) any person adversely affected by a Federal agency action standing to challenge and seek judicial review of that action without first exhausting administrative remedies, subject to specified limitations; and (2) the United States Court of Appeals for the Federal Circuit exclusive jurisdiction of any action filed under this Act. (Sec. 8) Modifies Federal judicial code provisions to grant the claims court jurisdiction to render judgment upon certain claims against the United States for monetary relief and for invalidation of any Act of Congress or regulation of an executive department under this Act. Grants the claims court the power to grant injunctive and declaratory relief in any case within its jurisdiction. Repeals a provision limiting the claims court's jurisdiction with respect to the pendency of claims in other courts. Expands the district court's jurisdiction to include concurrent jurisdiction over civil actions filed under this Act. Specifies that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision by any person acting under color of any statute, ordinance, regulation, custom, or usage of any U.S. State or territory that causes actual and concrete injury to the party seeking redress. Sets forth provisions regarding final decisions, related State proceedings, and certification of questions of State law. (Sec. 9) Sets a statute of limitations for actions filed under this Act of six years from the date of the taking of private property. (Sec. 10) Directs the court, in issuing a final order in any action filed under this Act, to award litigation costs, including reasonable attorney and expert witness fees, to any prevailing plaintiff.

Citizens Access to Justice Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Canceling Loans to Allow School Systems to Attract Classroom Teachers Act''. SEC. 2. ADDITIONAL QUALIFIED LOAN AMOUNTS FOR STUDENT LOAN FORGIVENESS. (a) FFEL Loans.--Section 428J(c) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(c)) is amended by adding at the end the following new paragraph: ``(3) Additional amounts; priority.-- ``(A) Larger amounts from appropriated funds.-- Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary may, from funds appropriated under subparagraph (C), repay under this section is a total amount equal to not more than $17,500. ``(B) Award basis; priority.--The Secretary shall make payments under this paragraph to elementary or secondary school teachers who meet the requirements of subsection (b) on a first-come first-served basis, subject to the availability of appropriations, but shall give priority in providing loan repayment under this paragraph for a fiscal year to teachers who-- ``(i)(I) are employed as special education teachers whose primary responsibility is to teach or support children with disabilities (as defined in section 602 of the Individuals with Disabilities Act); and ``(II) as certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed, are teaching children with disabilities that correspond with the borrower's training and have demonstrated knowledge and teaching skills in the content areas of the elementary or secondary school curriculum that the borrower is teaching; ``(ii) are employed as teachers in local educational agencies that are determined by a State educational agency under section 2141 of the Elementary and Secondary Education Act of 1965 to have failed to make progress toward meeting the annual measurable objectives described in section 1119(a)(2) of such Act for 2 consecutive years; or ``(iii) are employed as teachers of mathematics or science. ``(C) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph such sums as may be necessary for fiscal year 2003 and for each of the 4 succeeding fiscal years.''. (b) Direct Loans.--Section 460(c) of the Higher Education Act of 1965 (20 U.S.C. 1087j(c)) is amended by adding at the end the following new paragraph: ``(3) Additional amounts; priority.-- ``(A) Larger amounts from appropriated funds.-- Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary may, from funds appropriated under subparagraph (C), repay under this section is a total amount equal to not more than $17,500. ``(B) Award basis; priority.--The Secretary shall make payments under this paragraph to elementary or secondary school teachers who meet the requirements of subsection (b) on a first-come first-served basis, subject to the availability of appropriations, but shall give priority in providing loan repayment under this paragraph for a fiscal year to teachers who-- ``(i)(I) are employed as special education teachers whose primary responsibility is to teach or support children with disabilities (as defined in section 602 of the Individuals with Disabilities Act); and ``(II) as certified by the chief administrative officer of the public or nonprofit private elementary or secondary school in which the borrower is employed, are teaching children with disabilities that correspond with the borrower's training and have demonstrated knowledge and teaching skills in the content areas of the elementary or secondary school curriculum that the borrower is teaching; ``(ii) are employed as teachers in local educational agencies that are determined by a State educational agency under section 2141 of the Elementary and Secondary Education Act of 1965 to have failed to make progress toward meeting the annual measurable objectives described in section 1119(a)(2) of such Act for 2 consecutive years; or ``(iii) are employed as teachers of mathematics or science. ``(C) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph such sums as may be necessary for fiscal year 2003 and for each of the 4 succeeding fiscal years.''. SEC. 3. CANCELLATION OF STUDENT LOAN INDEBTEDNESS FOR SPOUSES, SURVIVING JOINT DEBTORS, AND PARENTS. (a) Definitions.--For purposes of this section: (1) Eligible public servant.--The term ``eligible public servant'' means an individual who-- (A) served as a police officer, firefighter, other safety or rescue personnel, or as a member of the Armed Forces; and (B) died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001; as determined in accordance with regulations of the Secretary. (2) Eligible victim.--The term ``eligible victim'' means an individual who died (or dies) or became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001, as determined in accordance with regulations of the Secretary. (3) Eligible spouse.--The term ``eligible spouse'' means the spouse of an eligible public servant, as determined in accordance with regulations of the Secretary. (4) Eligible surviving debtor.--The term ``eligible surviving debtor'' means an individual who owes a Federal student loan that is a consolidation loan that was used, jointly by that individual and an eligible victim, to repay the Federal student loans of that individual and of such eligible victim. (5) Eligible parent.--The term ``eligible parent'' means the parent of an eligible victim if-- ``(A) the parent owes a Federal student loan that is a consolidation loan that was used to repay a PLUS loan incurred on behalf of such eligible victim; or ``(B) the parent owes a Federal student loan that is a PLUS loan incurred on behalf of an eligible victim who became (or becomes) permanently and totally disabled due to injuries suffered in the terrorist attack on September 11, 2001. (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (7) Federal student loan.--The term ``Federal student loan'' means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965. (b) Relief From Indebtedness.-- (1) In general.--The Secretary shall provide for the discharge or cancellation of-- (A) the Federal student loan indebtedness of an eligible spouse; (B) the consolidation loan indebtedness of an eligible surviving debtor; (C) the portion of the consolidation loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim, if the amount of such indebtedness with respect to such eligible victim may be reliably determined on the basis of records available to the lender; and (D) the PLUS loan indebtedness of an eligible parent that was incurred on behalf of an eligible victim described in subsection (a)(5)(B). (2) Method of discharge or cancellation.--A loan required to be discharged or canceled under paragraph (1) shall be discharged or canceled by the method used under section 437(a), 455(a)(1), or 464(c)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), whichever is applicable to such loan. (c) Facilitation of Claims.--The Secretary shall-- (1) establish procedures for the filing of applications for discharge or cancellation under this section by regulations that shall be prescribed and published within 90 days after the date of enactment of this Act and without regard to the requirements of section 553 of title 5, United States Code; and (2) take such actions as may be necessary to publicize the availability of discharge or cancellation of Federal student loan indebtedness for eligible spouses, eligible surviving debtors, and eligible parents under this section. (d) Availability of Funds for Payments.--Funds available for the purposes of making payments to lenders in accordance with section 437(a) for the discharge of indebtedness of deceased or disabled individuals shall be available for making payments under section 437(a) to lenders of loans to the eligible spouses, eligible surviving debtors, and eligible parents as required by this section. (e) Applicable to Outstanding Debt.--The provisions of this section shall be applied to discharge or cancel only Federal student loans (including consolidation loans) on which amounts were owed on September 11, 2001. SEC. 4. INFORMATION ON BENEFITS TO RURAL SCHOOL DISTRICTS. The Secretary shall-- (1) notify local educational agencies eligible to participate in the Small Rural Achievement Program authorized under subpart 1 of part B of Title VI of the Elementary and Secondary Education of 1965 of the benefits available under the amendments made by section 2 of this Act to the teachers in the rural schools of such agencies; and (2) encourage such agencies to notify their teachers of such benefits. Passed the House of Representatives October 1, 2002. Attest: JEFF TRANDAHL, Clerk.

Canceling Loans to Allow School Systems to Attract Classroom Teachers Act - (Sec. 2) Amends the Higher Education Act of 1965 (HEA) to provide for additional amounts of student loan forgiveness for certain elementary and secondary school teachers. Directs the Secretary of Education, in making such additional repayments, to give priority to teachers of: (1) special education for children with disabilities, if they are certified as having knowledge and skills in their content areas and are employed by local educational agencies that have failed to make progress toward meeting certain objectives; or (2) mathematics or science.(Sec. 3) Directs the Secretary of Education to discharge or cancel the Federal student loan indebtedness, under HEA, of spouses, surviving joint debtors, and parents of public servants and other individuals who died (or die) or who became (or become) permanently and totally disabled from injuries suffered in the terrorist attacks on September 11, 2001.(Sec. 4) Requires the Secretary to notify local educational agencies eligible for the Small Rural Achievement Program, under the Elementary and Secondary Education of 1965, of this Act's making available additional amounts of student loan forgiveness to teachers in their rural schools, and to encourage such agencies to notify their teachers of such benefits.

To increase the amount of student loan forgiveness available to qualified teachers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen Fuel Cell Commercialization Act of 1995''. SEC. 2. FINDINGS. Congress finds that-- (1) fossil fuels, the main energy source of the present, have provided this country with tremendous supply but are limited; (2) additional research, development, and demonstration are needed to encourage private sector investment in development of new and better energy sources and enabling technologies; (3) hydrogen holds tremendous promise as a fuel because it can be extracted from water and solid waste, can be burned much more cleanly than conventional fuels, and is a source of energy for fuel cells; (4) inefficiencies in the production of hydrogen are a major technical barrier to society's collectively benefiting from one of the great energy carriers of the future; (5) an aggressive, results-oriented, multiyear research, demonstration-commercialization initiative on efficient hydrogen fuel production and use should be fostered and maintained; (6) the current Federal effort to develop hydrogen as a fuel is inadequate; and (7) there is ready to proceed a demonstration- commercialization project that-- (A) produces hydrogen from solid and complex waste for use in fuel cells and uses a 300-kilowatt photovoltaic facility in existence on the date of enactment of this Act and a cryoaquatic reservoir as central parts of a total energy integrated system, with regeneration on-site; and (B) will be environmentally beneficial and have the useful by-products of electric power, heat, fuel for fuel cells, and pure water. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to direct the Secretary of Energy to conduct a research, development, and demonstration-commercialization program leading to the production, storage, transport, and use of hydrogen for industrial, institutional, residential, transportation, and utility applications; (2) to provide advice from academia and the private sector in the implementation of the Department of Energy's hydrogen research, development, and demonstration-commercialization program to ensure that economic benefits of the program accrue to the United States; and (3) to provide for the immediate implementation of the demonstration-commercialization project. SEC. 4. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) Demonstration-commercializaton project.--The term ``demonstration-commercialization project'' means a project that-- (A) produces hydrogen from solid and complex waste for use in fuel cells and uses a 300-kilowatt photovoltaic facility in existence on the date of enactment of this Act and a cryoaquatic reservoir as central parts of a total energy integrated system, with regeneration on-site; and (B) will be environmentally beneficial and have the useful by-products of electric power, heat, fuel for fuel cells, and pure water. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 5. RESEARCH AND DEVELOPMENT. (a) Authorized Activities.-- (1) In general.--Pursuant to this section, the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12401 et seq.), and section 2026 of the Energy Policy Act of 1992 (42 U.S.C. 13436), and in accordance with the purposes of this Act, the Secretary shall conduct a hydrogen energy research, development, and demonstration- commercialization program relating to production, storage, transportation, and use of hydrogen, with the goal of enabling the private sector to demonstrate the feasibility of using hydrogen for industrial, institutional, residential, transportation, and utility applications. (2) Priorities.--In establishing priorities for Federal funding under this section, the Secretary shall survey private sector hydrogen activities and take steps to ensure that activities under this section do not displace or compete with privately funded hydrogen activities of the United States industry. (b) Schedule.-- (1) Solicitation.--Not later than 180 days after the date of enactment of an Act providing appropriations for programs authorized by this Act, the Secretary shall solicit proposals from all interested parties for research and development activities authorized under this section. (2) Department facility.--The Secretary may consider, on a competitive basis, a proposal from a contractor that manages and operates a department facility under contract with the Department, and the contractor may perform the work at that facility or any other facility. (3) Award.--Not later than 180 days after proposals are submitted, if the Secretary identifies 1 or more proposals that are worthy of Federal assistance, the Secretary shall award financial assistance under this section competitively, using peer review, when appropriate, of proposals with appropriate protection of proprietary information. (c) Cost Sharing.-- (1) Research.-- (A) In general.--Except as provided in subparagraph (B), in the case of a research proposal, the Secretary shall require a commitment from non-Federal sources of at least 25 percent of the cost of the research. (B) Basic or fundamental nature.--The Secretary may reduce or eliminate the non-Federal requirement under subparagraph (A) if the Secretary determines that the research is purely basic or fundamental. (2) Development and demonstration.-- (A) In general.--In the case of a development or demonstration proposal, the Secretary shall require a commitment from non-Federal sources of at least 50 percent of the cost of development or demonstration. (B) Technological risks.--The Secretary may reduce the non-Federal requirement under subparagraph (A) if the Secretary determines that-- (i) the reduction is necessary and appropriate considering the technological risks involved in the project; and (ii) the reduction is necessary to serve the purpose and goals of the Act. (3) Nature of non-federal commitment.--In calculating the amount of the non-Federal commitment under paragraph (1) or (2), the Secretary shall include cash and fair market value of personnel, services, equipment, facilities associated with the project that are integral to the demonstration- commercialization, and other resources. (d) Consultation.--Before financial assistance is provided under this section or the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12401 et seq.)-- (1) the Secretary shall determine, in consultation with the United States Trade Representative and the Secretary of Commerce, that the terms and conditions under which financial assistance is provided are consistent with the Agreement on Subsidies and Countervailing Measures referred to in section 101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(12)); and (2) an industry participant shall be required to certify that-- (A) the participant has made reasonable efforts to obtain non-Federal funding for the entire cost of the project; and (B) full non-Federal funding could not be reasonably obtained. (e) Duplication of Programs.--The Secretary shall not carry out any activity under this section that unnecessarily duplicates an activity carried out by another government agency or the private sector. SEC. 6. DEMONSTRATION-COMMERCIALIZATION PROJECT. (a) In General.--The Secretary shall assist in the development and operation of a demonstration-commercialization project. (b) Cost Sharing.-- (1) Federal share.--The Federal share of the development and operation of the demonstration-commercialization project shall not exceed 50 percent. (2) Nature of non-federal share.--In calculating the amount of the non-Federal share committed to the project, the Secretary shall include cash and fair market value of, personnel, services, equipment, existing facilities, development costs, and other resources associated with the demonstration-commercialization project. SEC. 7. TECHNOLOGY TRANSFER. (a) Exchange.--The Secretary shall foster the exchange of generic, nonproprietary information and technology developed pursuant to section 5 among industry, academia, and government agencies and establish a central depository for technical information and technology transfer. (b) Economic Benefits.--The Secretary shall ensure that economic benefits of the exchange of information and technology will accrue to the United States economy. SEC. 8. REPORTS TO CONGRESS. (a) In General.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall transmit to Congress a detailed report on the status and progress of the Department's hydrogen research and development program. (b) Contents.--A report under subsection (a) shall include-- (1) an analysis of the effectiveness of the program, to be prepared and submitted by the Hydrogen Technical Advisory Panel established under section 108 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12407); and (2) recommendations of the panel for any improvements in the program that are needed, including recommendations for additional legislation. SEC. 9. COORDINATION AND CONSULTATION. (a) Coordination With Other Federal Agencies.--The Secretary shall-- (1) coordinate all hydrogen research and development activities in the Department with the activities of other Federal agencies, including the Department of Defense, the Department of Transportation, and the National Aeronautics and Space Administration, that are engaged in similar research and development; and (2) pursue opportunities for cooperation with those Federal entities. (b) Consultation.--The Secretary shall consult with the Hydrogen Technical Advisory Panel established under section 108 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12407) as necessary in carrying out this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) for research, development, and demonstration projects-- (A) $25,000,000 for fiscal year 1997; (B) $35,000,000 for fiscal year 1998; and (C) $40,000,000 for fiscal year 1999; and (2) for the demonstration-commercialization project-- (A) $25,000,000 for fiscal year 1997; and (B) $25,000,000 for fiscal year 1998.

Hydrogen Fuel Cell Commercialization Act of 1995 - Instructs the Secretary of Energy to conduct a hydrogen energy research, development, and demonstration-commercialization program relating to production, storage, transportation and use of hydrogen, in order to demonstrate its feasibility for industrial, institutional, residential, transportation, and utility applications. Requires the Secretary to survey private sector hydrogen activities and take steps to ensure that Federal activities do not displace or compete with privately funded hydrogen activities of U.S. industry. Sets forth a proposal solicitation schedule. Directs the Secretary to require a specified cost-sharing commitment from non-Federal sources. Allows the Secretary to reduce the non-Federal requirement if: (1) necessary and appropriate considering the technological risks involved in the project; and (2) such reduction is necessary to serve the purposes of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (the Act). Sets as a prerequisite to Federal financial assistance certification by: (1) the Secretary that such assistance is consistent with a specified Agreement on Subsidies and Countervailing Measures approved in the Uruguay Round Agreements Act; and (2) industry participants that they have made reasonable efforts to obtain non-Federal funding for the entire cost of the project, and that such non-Federal funding could not be reasonably obtained. Prohibits the Secretary from implementing activities that unnecessarily duplicate activities implemented elsewhere by either the Federal or private sectors. Directs the Secretary to assist in the development and operation of a demonstration-commercialization project. Directs the Secretary to: (1) foster technology transfer activities between the Federal, industrial, and academic sectors; (2) report annually to the Congress; (3) coordinate with other Federal agencies involved in similar hydrogen research activities; and (4) consult with the Hydrogen Technical Advisory Panel established under the Act. Authorizes appropriations.

Hydrogen Fuel Cell Commercialization Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native Adult Education and Literacy Act of 2014''. SEC. 2. AMERICAN INDIAN, ALASKA NATIVE, NATIVE HAWAIIAN, AND TRIBAL COLLEGE OR UNIVERSITY ADULT EDUCATION AND LITERACY. The Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq.) is amended-- (1) in section 203-- (A) in paragraph (5)(D), by inserting ``, including a Tribal College or University'' after ``education''; (B) in paragraph (15)(B), by striking ``tribally controlled community college'' and inserting ``Tribal College or University''; (C) by redesignating paragraph (18) as paragraph (19); and (D) by inserting after paragraph (17) the following: ``(18) Tribal college or university.--The term `Tribal College or University' has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).''; (2) in section 211(a)-- (A) in paragraph (2), by striking ``and'' after the semicolon; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: ``(3) shall reserve 2.3 percent to carry out section 244; and''; and (3) by inserting after section 243 the following: ``SEC. 244. AMERICAN INDIAN, ALASKA NATIVE, NATIVE HAWAIIAN, AND TRIBAL COLLEGE OR UNIVERSITY ADULT EDUCATION AND LITERACY. ``(a) Grants and Purpose.--From the amount reserved under section 211(a)(3) for a fiscal year, the Secretary shall award grants to Tribal Colleges or Universities and Native Hawaiian educational organizations-- ``(1) to enable the Tribal Colleges or Universities and Native Hawaiian educational organizations to develop and implement innovative, effective, and replicable programs designed to enhance life skills and transition individuals to employability and postsecondary education; and ``(2) to provide technical assistance to such colleges, universities, and organizations for program administration. ``(b) Application.--To be eligible to receive a grant under this section, a Tribal College or University or a Native Hawaiian educational organization shall submit to the Secretary an application at such time and in such manner as the Secretary may reasonably require. The Secretary shall, to the extent practicable, prescribe a simplified and streamlined format for such applications that takes into account the limited number of colleges, universities, and organizations that are eligible for assistance under this section. ``(c) Grants and Contracts.--Funding shall be awarded under this section to Tribal Colleges or Universities or Native Hawaiian educational organizations on a competitive basis through grants, contracts, or cooperative agreements of not less than 3 years in duration. ``(d) Consideration and Inclusion.--In making awards under this section, the Secretary may take into account the considerations set forth in section 231(e). In no case shall the Secretary make an award to a Tribal College or University or Native Hawaiian educational organization that does not include in its application a description of a multiyear strategy, including performance measures, for increasing the number of adult American Indian, Native Hawaiian, or Alaska Natives that attain a secondary school diploma or its recognized equivalent. ``(e) Eligible Activities.--Activities that may be carried out under a grant awarded under this section shall include-- ``(1) adult education and literacy services, including workplace literacy services; ``(2) family literacy services; ``(3) English literacy programs, including limited English proficiency programs; ``(4) opportunities for American Indians, Native Hawaiians, and Alaska Natives to qualify for a secondary school diploma, or its recognized equivalent; and ``(5) demonstration and research projects and professional development activities designed to develop and identify the most successful methods and techniques for addressing the educational needs of American Indian, Native Hawaiian, and Alaska Native adults. ``(f) Definition of Native Hawaiian Educational Organization.--The term `Native Hawaiian educational organization' means a private nonprofit organization that-- ``(1) serves the adult education and literacy needs and interests of Native Hawaiians; ``(2) has Native Hawaiians in substantive and policymaking positions within the organization; ``(3) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization; ``(4) has demonstrated expertise in the education or training of Native Hawaiian children, youth, or adults; and ``(5) has demonstrated expertise in research and program development.''.

Native Adult Education and Literacy Act of 2014 - Amends the Adult Education and Family Literacy Act to include Tribal Colleges or Universities as eligible providers of services under that Act. Directs the Secretary of Education to award competitive grants to Tribal Colleges or Universities and Native Hawaiian educational organizations to develop and implement innovative, effective, and replicable programs designed to enhance life skills and transition individuals to employability and postsecondary education. Requires grantees to have a multiyear strategy, including performance measures, for increasing the number of adult American Indians, Native Hawaiians, or Alaska Natives that attain a secondary school diploma or its recognized equivalent. Includes among the activities that may be funded by a grant: adult education and literacy services, including workplace literacy services; family literacy services; English literacy programs, including limited English proficiency programs; opportunities for American Indians, Native Hawaiians, and Alaska Natives to qualify for a secondary school diploma or its recognized equivalent; and demonstration and research projects and professional development activities designed to develop and identify the most successful means of addressing the educational needs of American Indian, Native Hawaiian, and Alaska Native adults.

Native Adult Education and Literacy Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Sentencing Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) it is the responsibility of the Federal Government to provide States with assistance in reducing violent crime; (2) the responsibility for protecting citizens against most violent crime and for punishing most violent criminal offenders is primarily a matter of State and local governance; (3) the incidence of violent crime nationwide has risen dramatically and constitutes a national priority of the highest order; and (4) the United States Sentencing Guidelines have proven to be an effective means of achieving, at the Federal level, a more uniform, proportionate, predictable and appropriately punitive criminal sentencing system by incorporating Truth in Sentencing provisions which restrict release of a convicted criminal until at least 85 percent of the sentence which has been imposed by a judge or jury has been served. SEC. 3. DEFINITION. Crime of Violence.-- (1) an offense that is a felony and has an element the use, attempted use, or threatened use of physical force against the person or property of another, or (2) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. Such crimes shall include, but not be limited to, murder, arson, burglary, assault, rape, kidnapping, extortion, and robbery. SEC. 4. GRANTS FOR TRUTH IN SENTENCING. (a) Grant Authorization.--The Director of the Bureau of Justice Assistance is authorized to provide grants to States to build and/or operate space in correctional facilities in order to implement Truth in Sentencing requirements. (b) Eligibility.--In order to be eligible for funding under this Act, a State must have enacted and implemented Truth in Sentencing requirements which include-- (1) a provision in its criminal code which restricts parole, good-time credit release, or other forms of early release to require that criminals convicted of crimes of violence serve at least 85 percent of the sentence imposed by a judge or jury; (2) a provision which requires the sentencing authority to allow the defendant's victims or the family of victims the opportunity to be heard regarding the issue of sentencing; (3) a provision which requires that a ``life sentence'' means life without possibility of parole; and (4) a provision which provides that the victim and victim's family shall be notified whenever that defendant is to be released. (c) Exception.--The sentencing requirements under paragraphs (b)(1) and (b)(4) of subsection (b) shall apply except that the State may provide that the Governor of the State may allow for the release of a prisoner after a public hearing in which representatives of the public and the prisoner's victims shall have an opportunity to be heard regarding a proposed release. (d) A State shall also be eligible for funding under this Act when that State has enacted legislation that provides for the State to be in compliance with this section within three years of the enactment of such state legislation. SEC. 5. FEDERAL FUNDS. (a) Distribution of Funds.--Of the total amount of funds appropriated under this Act in any fiscal year, there shall be allocated to each participating State an amount which bears the same ratio to the amount of funds appropriated pursuant to this Act as the number of prisoners convicted of violent crimes serving sentences during the previous fiscal year in that State bears to the number of prisoners convicted of violent crimes serving sentences during the previous fiscal year in all the participating States. (Such numbers of prisoners to be determined by the Bureau of Justice Statistics.) (b) Authorization of Appropriations.--In order to build and/or operate the spaces in correctional facilities necessary to implement the required Truth in Sentencing provisions, there is authorized to be appropriated-- (1) $500 million in fiscal year 1994; (2) $1 billion in fiscal year 1995; (3) $2 billion in fiscal year 1996; (4) $3 billion in fiscal year 1997; and (5) $4 billion in fiscal year 1998. (c) Limitations on Funds.-- (1) Nonsupplanting requirement.--Funds made available under this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources. (2) Administrative costs.--No more than 5 percent of the funds available under this section may be used for administrative costs. (3) Matching funds.--The portion of the costs of a program provided by a grant under this section may not exceed 75 percent of the total cost of the program as described in the application. (4) Duration of grants.--In general.--A grant under this section may be renewed for up to 3 years beyond the initial year of funding if the applicant demonstrates satisfactory progress toward achievement of the objectives set out in an approved application. (d) Source of Federal Funds.--Appropriations pursuant to this Act shall be paid with funds saved as a result of reducing Federal full- time equivalent positions pursuant to Section 6. SEC. 6. REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS (a) Definition.--For purposes of this section, the term ``agency'' means an Executive agency as defined under section 105 of title 5, United States Code, but does not include the General Accounting Office. (b) Limitations on Full-time Equivalent Positions.--The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall ensure that the total number of full-time equivalent positions in all agencies shall not exceed (1) 2,095,182 during fiscal year 1994; (2) 2,044,100 during fiscal year 1995; (3) 2,003,845 during fiscal year 1996; (4) 1,963,593 during fiscal year 1997; (5) 1,923,339 during fiscal year 1998; and (6) 1,883,086 during fiscal year 1999. (c) Monitoring and Notification.--The Office of Management and Budget, after consultation with the Office of Personnel Management, shall-- (1) continuously monitor all agencies and make a determination on the first date of each quarter of each applicable fiscal year of whether the requirements under subsection (b) are met, and (2) notify the President and the Congress on the first date of each quarter of each applicable fiscal year of any determination that any requirement of subsection (b) is not met. (d) Compliance.--If at any time during a fiscal year, the Office of Management and Budget notifies the President and the Congress that any requirement under subsection (b) is not met, no agency may hire any employee for any position in such agency until the Office of Management and Budget notifies the President and the Congress that the total number of full-time equivalent positions for all agencies equals or is less than the applicable number required under subsection (b). (e) Waiver.--Any provision of this section may be waived upon-- (1) a determination by the President of the existence of war or a national security requirement; or (2) the enactment of a joint resolution upon an affirmative vote of three-fifths of the Members of each House of the Congress duly chosen and sworn.

Truth in Sentencing Act of 1993 - Authorizes the Director of the Bureau of Justice Assistance to provide grants to States to build and operate space in correctional facilities in order to implement specified "truth in sentencing" requirements. Requires a State, to be eligible for funding under this Act, to have enacted and implemented such requirements, including provisions which: (1) restrict parole, good-time credit release, or other forms of early release to require that criminals convicted of crimes of violence serve at least 85 percent of the sentence imposed by a judge or jury; (2) require the sentencing authority to allow the defendant's victim or the victim's family the opportunity to be heard regarding the issue of sentencing; (3) require that a "life sentence" means life without possibility of parole; and (4) provide that the victim and the victim's family shall be notified whenever that defendant is to be released. Makes exceptions that: (1) allow the State to provide that the Governor may permit the release of a prisoner after a public hearing in which representatives of the public and the prisoner's victims have an opportunity to be heard regarding the proposed release; and (2) make a State eligible for funding under this Act when that State has enacted legislation that provides for the State to be in compliance with this Act within three years of the enactment of such State legislation. Sets forth provisions regarding: (1) the distribution of funds; and (2) limitations on funds. Authorizes appropriations. Directs that such appropriations be paid with funds saved as a result of reducing specified full-time equivalent positions in Federal agencies. Sets forth requirements regarding: (1) monitoring and notification of the President and the Congress as to whether such reductions are taking place (and, if they are not being met in a given agency, prohibits hiring for any position in such agency until the Office of Management and Budget notifies the President that the agency is in compliance); and (2) waivers.

Truth in Sentencing Act of 1993

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Child Nutrition Initiatives Act of 2003''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--SCHOOL LUNCH AND RELATED PROGRAMS Sec. 101. Incentives for healthier schools. Sec. 102. Grants to support farm-to-cafeteria projects. TITLE II--SCHOOL BREAKFAST AND RELATED PROGRAMS Sec. 201. State administrative expenses. Sec. 202. Special supplemental program for women, infants and children. Sec. 203. Nutrition education and training. TITLE III--EFFECTIVE DATE Sec. 301. Effective date. TITLE I--SCHOOL LUNCH AND RELATED PROGRAMS SEC. 101. INCENTIVES FOR HEALTHIER SCHOOLS. Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is amended by adding at the end the following: ``(q) Incentives for Healthier Schools.-- ``(1) In general.--To encourage healthier nutritional environments in schools and institutions receiving funds under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other than section 17 of that Act (42 U.S.C. 1786)), the Secretary shall establish a program under which any such school or institution may (in accordance with paragraph (3)) receive an increase in the reimbursement rate for meals otherwise payable under this Act and the Child Nutrition Act of 1966, if the school or institution implements a plan for improving the nutritional value of meals consumed in the school or institution by increasing the consumption of fluid milk, fruits, and vegetables, as approved by the Secretary in accordance with criteria established by the Secretary. ``(2) Plans.-- ``(A) In general.--For purposes of the program established under paragraph (1), the Secretary shall establish criteria for the approval of plans of schools and institutions for increasing consumption of fluid milk, fruits, and vegetables. ``(B) Criteria.--An approved plan may-- ``(i) establish targeted goals for increasing fluid milk, fruit, and vegetable consumption throughout the school or institution or at school or institution activities; ``(ii) improve the accessibility, presentation, positioning, or promotion of fluid milk, fruits, and vegetables throughout the school or institution or at school or institution activities; ``(iii) improve the ability of a school or institution to tailor its food services to the customs and demographic characteristics of-- ``(I) the population of the school or institution; and ``(II) the area where the school or institution is located; and ``(iv) provide-- ``(I) increased standard serving sizes for fluid milk consumed in middle and high schools; and ``(II) packaging, flavor variety, merchandising, refrigeration, and handling requirements that promote the consumption of fluid milk, fruits, and vegetables. ``(C) Administration.--In establishing criteria for approval of plans under this subsection, the Secretary shall-- ``(i) take into account relevant research; and ``(ii) consult with school food service professionals, nutrition professionals, food processors, agricultural producers, and other groups, as appropriate. ``(3) Reimbursement rates.-- ``(A) In general.--For purposes of administering the program established under paragraph (1), the Secretary shall increase reimbursement rates for meals under this Act and the Child Nutrition Act of 1966 in an amount equal to not less than 2 cents and not more than 10 cents per meal, to reflect the additional costs incurred by schools and institutions in increasing the consumption of fluid milk, fruits, and vegetables under the program. ``(B) Criteria.--The Secretary may vary the increase in reimbursement rates for meals based on the degree to which the school or institution adopts the criteria established by the Secretary under paragraph (2).''. SEC. 102. GRANTS TO SUPPORT FARM-TO-CAFETERIA PROJECTS. Section 12 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760) (as amended by section 101) is amended by adding at the end the following: ``(r) Grants To Support Farm-to-Cafeteria Projects.-- ``(1) In general.--To improve access to local foods in schools and institutions receiving funds under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) (other than section 17 of that Act (42 U.S.C. 1768)), the Secretary shall provide competitive grants to nonprofit entities and educational institutions to establish and carry out farm-to- cafeteria projects that may include the purchase of equipment, the procurement of foods, and the provision of training and education activities. ``(2) Preference for certain projects.--In selecting farm- to-cafeteria projects to receive assistance under this subsection, the Secretary shall give preference to projects designed to-- ``(A) procure local foods from small- and medium- sized farms for the provision of foods for school meals; ``(B) support nutrition education activities or curriculum planning that incorporates the participation of school children in farm and agriculture education projects; and ``(C) develop a sustained commitment to farm-to- cafeteria projects in the community by linking schools, agricultural producers, parents, and other community stakeholders. ``(3) Technical assistance and related information.-- ``(A) Technical assistance.--In carrying out this subsection, the Secretary may provide technical assistance regarding farm-to-cafeteria projects, processes, and development to an entity seeking the assistance. ``(B) Sharing of information.--The Secretary may provide for the sharing of information concerning farm- to-cafeteria projects and issues among and between government, private for-profit and nonprofit groups, and the public through publications, conferences, and other appropriate means. ``(4) Grants.-- ``(A) In general.--From amounts made available to carry out this subsection, the Secretary shall make grants to assist private nonprofit entities and educational institutions to establish and carry out farm-to-cafeteria projects. ``(B) Maximum amount.--The maximum amount of a grant provided to an entity under this subsection shall be $100,000. ``(C) Matching funds requirements.-- ``(i) In general.--The Federal share of the cost of establishing or carrying out a farm-to- cafeteria project that receives assistance under this subsection may not exceed 75 percent of the cost of the project during the term of the grant, as determined by the Secretary. ``(ii) Form.--In providing the non-Federal share of the cost of carrying out a farm-to- cafeteria project, the grantee shall provide the share through a payment in cash or in kind, fairly evaluated, including facilities, equipment, or services. ``(iii) Source.--An entity may provide the non-Federal share through State government, local government, or private sources. ``(D) Administration.-- ``(i) Single grant.--A farm-to-cafeteria project may be supported by only a single grant under this subsection. ``(ii) Term.--The term of a grant made under this subsection may not exceed 3 years. ``(5) Evaluation.--Not later than January 30, 2008, the Secretary shall-- ``(A) provide for the evaluation of the projects funded under this subsection; and ``(B) submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the results of the evaluation. ``(6) Funding.-- ``(A) In general.--On October 1, 2002, and on each October 1 thereafter through October 1, 2007, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this subsection $10,000,000, to remain available until expended. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation.''. TITLE II--SCHOOL BREAKFAST AND RELATED PROGRAMS SEC. 201. STATE ADMINISTRATIVE EXPENSES. (a) Minimum Amount.--Section 7(a)(2) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(a)(2)) is amended by striking the last sentence and inserting the following: ``In no case shall the grant available to any State under this subsection be less than $200,000, as adjusted in accordance with section 11(a)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(3)(B)).''. (b) Extension.--Section 7(g) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(g) is amended by striking ``2003'' and inserting ``2008''. SEC. 202. SPECIAL SUPPLEMENTAL PROGRAM FOR WOMEN, INFANTS AND CHILDREN. (a) Sense of Congress on Full Funding for WIC.--It is the sense of Congress that the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) should be fully funded for fiscal year 2004 and each subsequent fiscal year so that all eligible participants for the program will be permitted to participate at the full level of participation for individuals in their category, in accordance with regulations promulgated by the Secretary of Agriculture. (b) Reauthorization of Program.--Section 17(g)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(1)) is amended in the first sentence by striking ``2003'' and inserting ``2008''. (c) Nutrition Services and Administration Funds.--Section 17(h) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)) is amended-- (1) in paragraph (2)(A), by striking ``2003'' and inserting ``2008''; and (2) in paragraph (10)(A), by striking ``2003'' and inserting ``2008''. (d) Farmers' Market Nutrition Program.--Section 17(m) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)) is amended-- (1) in paragraph (1), by striking ``(m)(1) Subject'' and all that follows through ``the Secretary'' and inserting the following: ``(m) Farmers' Market Nutrition Program.-- ``(1) In general.--The Secretary''; (2) in paragraph (6)(B)-- (A) by striking ``(B)(i) Subject to the availability of appropriations, if'' and inserting the following: ``(B) Minimum amount.--If''; and (B) by striking clause (ii); and (3) in paragraph (9), by striking ``(9)(A)'' and all that follows through the end of subparagraph (A) and inserting the following: ``(9) Funding.-- ``(A) In general.--Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this subsection-- ``(i) on October 1, 2003, $25,000,000; ``(ii) on October 1, 2004, $29,000,000; ``(iii) on October 1, 2005, $33,000,000; ``(iv) on October 1, 2006, $37,000,000; and ``(v) on October 1, 2007, $41,000,000. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation. ``(C) Availability of funds.--Funds transferred under subparagraph (A) shall remain available until expended.''. SEC. 203. NUTRITION EDUCATION AND TRAINING. Section 19(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1788 (i)) is amended by striking ``(i) Authorization of Appropriations.--'' and all that follows through the end of paragraph (1) and inserting the following: ``(i) Funding.-- ``(1) Payments.-- ``(A) In general.--On October 1, 2003, and on each October 1 thereafter through October 1, 2007, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this section $27,000,000, to remain available until expended. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under subparagraph (A), without further appropriation. ``(2) Grants.-- ``(A) In general.--Grants to each State from the amounts made available under subparagraph (A) shall be based on a rate of 50 cents for each child enrolled in schools or institutions within the State. ``(B) Minimum amount.--The minimum amount of a grant provided to a State for a fiscal year under this section shall be $200,000, as adjusted in accordance with section 11(a)(3)(B) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(3)(B)).''. TITLE III--EFFECTIVE DATE SEC. 301. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on October 1, 2003.

Child Nutrition Initiatives Act of 2003 - Amends the Richard B. Russell National School Lunch Act (NSLA) and the Child Nutrition Act of 1966 (CNA) to revise, reauthorize, establish, and provide funding for certain nutritional and educational programs.Amends NSLA to direct the Secretary of Agriculture (the Secretary) to establish a program of incentives for healthier schools, under which a school or institution receiving funds for meals under NSLA or CNA may receive an increase in the reimbursement rate if it implements a plan for improving the nutritional value of meals consumed there by increasing the consumption of fluid milk, fruits, and vegetables, under criteria established by the Secretary. Requires such increased reimbursements to be not less than two and not more than ten cents per meal, to reflect additional costs incurred.Amends NSLA to direct the Secretary to make competitive grants to nonprofit entities and educational institutions to establish and carry out Farm-to-Cafeteria projects that may include the purchase of equipment, the procurement of foods, and the provision of training and education activities, in order to improve access to local foods in schools and institutions receiving funds under NSLA and CNA (except the special supplemental program for women, infants, and children (WIC) which already has a WIC Farmers Market Nutrition program). Makes appropriations for Farm-to-Cafeteria projects (through transfers of specified amounts by the Secretary of Treasury).Amends CNA to revise requirements for school breakfast and related programs to increase the required minimum amount payable for State administrative expenses, and to adjust such amount for inflation. Reauthorizes appropriations for State administrative expenses.Expresses the sense of the Congress that the WIC program should be fully funded. Reauthorizes appropriations for the WIC program, including funds for nutrition services and administration.Makes appropriations for the WIC Farmers Market Nutrition program (through transfers of specified amounts by the Secretary of Treasury).Makes appropriations for the Nutrition Education and Training (NET) program (through transfers of specified amounts by the Secretary of Treasury). Increases the required minimum amount for an NET grant to a State.

A bill to amend the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 to improve certain child nutritional programs, and for other purposes.